IconFind v. Yahoo!

Filing 61

STIPULATION and ORDER OF DISMISSAL signed by Judge William B. Shubb on 03/25/10 ORDERING that the Court has jurisdiction over the parties and the subject matter of this action; all claims that were or could have been alleged in the Complaint that rel ate to the patent in suit are hereby DISMISSED w/ prejudice. All counterclaims and defenses are DISMISSED w/o prejudice. The 50 12/14/09 remains in full force and effect. Each party shall bear its own costs and attorneys' fees. CASE CLOSED (Benson, A.)

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1 2 2 3 4 3 5 6 4 7 8 5 9 10 11 6 12 13 7 14 15 8 16 17 9 18 19 0 20 1 21 22 12 23 24 13 25 26 14 27 28 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA ICONFIND, INC., Plaintiff, v. YAHOO! INC., Defendant. Case No. 2:09-CV-00109-WBS-JFM [PROPOSED] STIPULATED ORDER OF DISMISSAL This Civil Action has come before the Court, upon the pleadings and proceedings of record, and it has been represented to the Court that Plaintiff IconFind, Inc. ("IconFind") and Defendant Yahoo! Inc. ("Yahoo") have entered into a Settlement and License Agreement and have agreed to a compromise and settlement of this Civil Action. WHEREFORE, with the consent of the above-identified parties, through their undersigned attorneys, and with the approval of this Court, IT IS HEREBY ORDERED, ADJUDGED AND DECREED as follows: 1. 2. The Court has jurisdiction over the parties and the subject matter of this action. All claims that were or could have been alleged in the Complaint that relate to the patent in suit are hereby dismissed with prejudice. All counterclaims and defenses are dismissed without prejudice. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3. The December 14, 2009 Memorandum and Claim Construction Order [Doc. 50] remains in full force and effect. 4. Each party shall bear its own costs and attorneys' fees. SO ORDERED: Date: March 25, 2010 STIPULATED AND AGREED TO ON MARCH 24, 2010: /s/ Raymond P. Niro Jr. Thomas G. Redmon (SBN 47090) Daniel L. Baxter (SBN 203862) WILKE, FLEURY, HOFFELT, GOULD & BIRNEY, LLP 400 Capitol Mall, 22nd Floor Sacramento, CA 95814 Phone: (916) 441-2430 Fax: (916) 442-6664 tredmon@wilkefleury.com dbaxter@wilkefleury.com Raymond P. Niro (Pro Hac Vice) Raymond P. Niro, Jr. (Pro Hac Vice) Tahiti Arsulowicz (Pro Hac Vice) Brian E. Haan (Pro Hac Vice) Anna B. Folgers (Pro Hac Vice) NIRO, SCAVONE, HALLER & NIRO 181 West Madison, Suite 4600 Chicago, IL 60602-4515 Phone: (312) 236-0733 Fax: (312) 236-3137 rniro@nshn.com rnirojr@nshn.com arsulowicz@nshn.com bhaan@nshn.com afolgers@nshn.com Attorneys for Plaintiff, IconFind Inc. /s/ Kevin A. Smith Charles K. Verhoeven (SBN 170151) Jennifer A. Kash (SBN 203679) Richard H. Doss (SBN 204078) Kevin A. Smith (SBN 250814) QUINN, EMANUEL, URQUHART, OLIVER & HEDGES, LLP 50 California Street, 22nd Floor San Francisco, CA 94111 Phone: (415) 875-6600 Fax: (415) 875-6700 charlesverhoeven@quinnemanuel.com jenniferkash@quinnemanuel.com richarddoss@quinnemanuel.com kevinsmith@quinnemanuel.com Attorneys for Defendant, Yahoo! Inc. [PROPOSED] STIPULATED ORDER OF DISMISSAL -2-

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