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Plantronics, Inc. v. Aliph, Inc.

United States District Court, Ninth Circuit

December 17, 2013

PLANTRONICS, INC., Plaintiff,
v.
ALIPH, INC. and ALIPHCOM, INC., Defendants.

David C. Bohrer (Bar No. 212397), VALOREM LAW GROUP, LLP, San Jose, California, Pat Heptig (Bar No. 00793940), Of Counsel, (admitted pro hac vice pending), VALOREM LAW GROUP, LLP, Addison, Texas.

Patrick Lamb (Bar No. 6182882), (admitted pro hac vice pending) VALOREM LAW GROUP, LLP, Chicago, Illinois, Attorneys for Plaintiff, PLANTRONICS, INC.

QUINN EMANUEL URQUHART & SULLIVAN, LLP, Robert P. Feldman (Bar No. 69602), Dane W. Reinstedt (Bar No. 275447), Redwood Shores, California, Attorneys for Defendants ALIPH, INC. AND ALIPHCOM, INC.

STIPULATION AND [PROPOSED] ORDER GRANTING RELIEF FROM COSTS JUDGMENT PURSUANT TO RULE 60(b)(5)

WILLIAM ALSUP, District Judge.

Pursuant to Federal Rule of Civil Procedure 60(b)(5) and Civil Local Rule 7-12, plaintiff Plantronics, Inc. ("Plantronics") and defendants Aliph, Inc. and Aliphcom, Inc. ("Aliph"), by and through their counsel, hereby submit the following stipulation and proposed order.

WHEREAS, the District Court granted summary judgment in Aliph's favor and ordered that Aliph recover costs from Plantronics (D.N. 221);

WHEREAS, an order taxing costs in the amount of $93, 929.16 was entered on October 23, 2012 (D.N. 264);

WHEREAS, the Federal Circuit reversed in part and vacated in part the District Court's judgment and remanded the case to the District Court for further proceedings (D.N. 266);

ACCORDINGLY, the parties agree and request, pursuant to Federal Rule of Civil Procedure 60(b)(5), that the Court enter an order relieving Plantronics of the judgment for costs in the amount of $93, 929.16 (D.N. 221 and 264) and otherwise vacating the orders (D.N. 221 and 264) in all respects.

IT IS SO STIPULATED.

PURSUANT TO STIPULATION, IT IS SO ORDERED.


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