Opinion
SEAN PAK, JENNIFER A. KASH, KEVIN A. SMITH, QUINN EMANUEL URQUHART & SULLIVAN, LLP, San Francisco, California, Attorneys for Defendant MicroStrategy Inc.
Eric Enger, Brooke A. M. Taylor, Lead Attorney, (Admitted Pro Hac Vice), Jordan W. Connors, (Admitted Pro Hac Vice), SUSMAN GODFREY L.L.P., Seattle, Washington, Stephen E. Morrissey, SUSMAN GODFREY L.L.P., Los Angeles, CA, Michael F. Heim, (Admitted Pro Hac Vice), Leslie V. Payne, (Admitted Pro Hac Vice), Eric J. Enger, (Admitted Pro Hac Vice), HEIM, PAYNE & CHORUSH, LLP, Houston, Texas, Attorneys for Plaintiff Vasudevan Software, Inc.
JOINT STIPULATION OF DISMISSAL OF DECLARATORY JUDGMENT COUNTERCLAIMS
RICHARD SEEBORG, District Judge.
WHEREAS, Vasudevan Software, Inc. ("VSi") filed its complaint against MicroStrategy Inc. ("MicroStrategy") on December 23, 2011 (Dkt. 1);
WHEREAS, MicroStrategy filed its Answer and Counterclaims on March 20, 2012, including four counterclaims for declaratory judgment of invalidity of U.S. Patent Nos. 6, 877, 006, 7, 167, 864, 7, 720, 861, and 8, 082, 268 and one counterclaim for declaratory judgment of inequitable conduct (Dkt. 50);
WHEREAS, VSi filed its Answer to MicroStrategy's Counterclaims on April 24, 2012 (Dkt. 61);
WHEREAS, MicroStrategy's counterclaims for a declaratory judgment of invalidity and inequitable conduct remain pending;
WHEREAS, MicroStrategy moved for attorneys' fees on May 26, 2015 (Dkt. 348);
WHEREAS, during the hearing on MicroStrategy's motion for attorneys' fees held on July 23, 2015, the Court indicated that it may not rule on MicroStrategy's motion for attorneys' fees until the parties resolved MicroStrategy's counterclaims for declaratory judgment of invalidity and inequitable conduct;
WHEREAS, under Fed.R.Civ.P. 41(a)(1)(A)(ii) and 41(c), MicroStrategy may dismiss its counterclaims for a declaratory judgment of invalidity and inequitable conduct without a court order by filing a stipulation of dismissal signed by all parties who have appeared;
THEREFORE, IT IS HEREBY STIPULATED by and between the parties hereto, by and through their respective counsel, that MicroStrategy dismisses without prejudice its counterclaims for declaratory judgment of invalidity and inequitable conduct. QUINN EMANUEL URQUHART & SULLIVAN, LLP
ORDER
Based on the foregoing stipulation, and for good cause shown,
IT IS SO ORDERED.