The opinion of the court was delivered by: John A. Mendez United States District Court Judge
Jeffrey W. Shopoff (Bar No. 46278) Gregory S. Cavallo (Bar No. 173270) Paul F. Kirsch (Bar No. 127446) James M. Robinson (Bar No. 238063) SHOPOFF CAVALLO & KIRSCH LLP 100 Pine Street, Suite 750 San Francisco, CA 94111 Telephone: (415) 984-1975 Facsimile: (415) 984-1978 Attorneys for Plaintiff California Natural Products
STIPULATION AND ORDER TO DISMISS PLAINTIFF CALIFORNIA NATURAL PRODUCTS EIGHTH AND NINTH CLAIMS FOR RELIEF AND THE COUNTERCLAIMS OF
WHEREAS plaintiff California Natural Products (d/b/a Power Automation Systems) ("PAS") and defendant Illinois Tool Works, Inc. (d/b/a Hartness International, Inc.) ("ITW"), through their respective counsel of record, have agreed as follows;
IT IS HEREBY STIPULATED that plaintiff PAS will dismiss, with prejudice, its Eighth Claim for Relief for Patent Infringement of the '213 Patent and its Ninth Claim for Relief for Patent Infringement of the '634 Patent; and
IT IS FURTHER STIPULATED that defendant ITW will dismiss its counterclaims in their entirety, as follows: Count I for Declaratory Action -- Non-Infringement of U.S. Patent No. 6,652,213, with prejudice; Count II for Declaration of Invalidity -- U.S. Patent No. 6,652,213, without prejudice;
Count III, Declaration of Non-Infringement -- U.S. Patent No. 7,073,634, with prejudice; and Count IV for Declaration of Invalidity -- U.S. Patent No. 7, 073,634, without prejudice.
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