Opinion
Case No. C 05 00334 RMW.
October 5, 2005
James J. Elacqua, Jeannine Yoo Sano, DEWEY BALLANTINE LLP, East Palo Alto, California.
Kevin S. Kudlac, Pierre J. Hubert, Brian K. Erickson, DEWEY BALLANTINE LLP, Austin, Texas.
Gregory P. Stone, MUNGER TOLLES OLSON LLP, Los Angeles, California.
Burton A. Gross, Peter A. Detre, MUNGER TOLLES OLSON LLP, San Francisco, California, Attorneys for Plaintiff Rambus Inc.
ORRICK, HERRINGTON SUTCLIFFE LLP, Vickie L. Feeman, Attorneys for INOTERA MEMORIES, INC.
STIPULATION OF DISMISSAL WITHOUT PREJUDICE OF INOTERA MEMORIES, INC. AND WITHDRAWAL OF MOTION TO DISMISS AND ORDER
Plaintiff Rambus Inc. and Defendant Inotera Memories, Inc. hereby STIPULATE and AGREE that all claims in Rambus' First Amended Complaint for Patent Infringement and Jury Demand, filed June 6, 2005, shall be and hereby are dismissed as to Inotera Memories, Inc. without prejudice pursuant to Fed.R.Civ.P. 41(a)(1), with each party to bear its own attorneys' fees and costs. Accordingly, Rambus and Inotera respectfully request that the Court enter an Order to that effect. Rambus' claims against the other Defendants are not affected and remain pending. Rambus and Inotera further stipulate and request that the Court vacate the hearing scheduled for October 14, 2005 on Inotera's pending motion to dismiss, which is hereby withdrawn.
Filer's Attestation: Pursuant to General Order No. 45, Section X(B) regarding signatures, I attest under penalty of perjury that concurrence in the filing of the document has been obtained from Vickie Feeman.
IT IS SO ORDERED.