Zircon Corporation v. Ryobi Technologies, Inc.

Full title: ZIRCON CORPORATION, a California Corporation, Plaintiff, v. RYOBI…

Court: United States District Court, N.D. California, San Francisco Division

Date published: Jun 10, 2004

CASE NO. C03 04446 SI (N.D. Cal. Jun. 10, 2004)

Opinion

CASE NO. C03 04446 SI.

June 10, 2004

Alan H. MacPherson, Jennifer M. Lantz, MacPHERSON KWOK CHEN HEID LLP, San Jose, California, Attorneys for Plaintiff ZIRCON CORPORATION.

Scott R. Mosko, Erik R. Puknys, Kristin L. Menon, FINNEGAN, HENDERSON, FARABOW, GARRETT DUNNER, LLP, Palo Alto, California, Attorneys for Defendant RYOBI TECHNOLOGIES, INC.

STIPULATED DISMISSAL PURSUANT TO Fed.R.Civ.P. 41(a)(1)(ii) AND ACTION ORDER DISMISSING ACTION

SUSAN ILLSTON, District JudgePage 2

The parties hereby stipulate as follows:

Pursuant to Rule 41(a)(1)(ii) of the Federal Rules of Civil Procedure, Plaintiff Zircon Corporation ("Zircon") requests that its claims of infringement of U.S. Pat. No. 6,023,159 against Defendant, Ryobi Technologies, Inc. ("Ryobi"), be dismissed with prejudice. Ryobi has consented to dismissal of Zircon's claims with prejudice.

Zircon and Ryobi also stipulate that Ryobi's counterclaims against Zircon — which relate to the alleged infringement and validity of the '159 patent — should be dismissed without prejudice as being moot.

The Court being so advised HEREBY ORDERS and DECREES:

Zircon's claims against Ryobi are DISMISSED WITH PREJUDICE.

Ryobi's counterclaims against Zircon are DISMISSED WITHOUT PREJUDICE as being moot.

Each party shall bear its own costs and attorney fees.