`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`
`MOBILEMEDIA IDEAS LLC,
`
`
`
`
`
`Plaintiff,
`
`
`
`v.
`
`
`
`
`
`
`
`C.A. No. 10-258 (SLR) (MPT)
`
`)))))))))
`
`
`APPLE INC.,
`
`
`
`
`
`Defendant.
`
`
`
`STIPULATED DISMISSAL OF CLAIMS AND COUNTERCLAIMS WITH RESPECT
`TO U.S. PATENT NOS. 6,446,080; 6,760,477; 7,349,012; 5,915,239; AND 5,490,170
`
`
`WHEREAS, Plaintiff MobileMedia Ideas, LLC (“MMI”) and Defendant Apple Inc.
`
`(“Apple”) have agreed to dismiss the claims and counterclaims related to U.S. Patent Nos.
`
`6,446,080 (the “’080 Patent”); 6,760,477 (the “’477 Patent”); 7,349,012 (the “’012 Patent);
`
`5,915,239 (the “’239 Patent”); and 5,490,170 (the “’170 Patent”) from this action;
`
`IT IS HEREBY STIPULATED by the parties, subject to approval of the Court, that:
`
`1.
`
`The Ninth Cause of Action (Infringement of the ’080 patent) in MMI’s Amended
`
`Complaint (D.I. 8) is dismissed with prejudice;
`
`2.
`
`The Eleventh Cause of Action (Infringement of the ’477 patent) in MMI’s
`
`Amended Complaint (D.I. 8) is dismissed with prejudice;
`
`3.
`
`The Thirteenth Cause of Action (Infringement of the ’012 patent) in MMI’s
`
`Amended Complaint (D.I. 8) is dismissed with prejudice;
`
`4.
`
`The Fourteenth Cause of Action (Infringement of the ’239 patent) in MMI’s
`
`Amended Complaint (D.I. 8) is dismissed with prejudice;
`
`5.
`
`The Sixteenth Cause of Action (Infringement of the ’170 patent) in MMI’s
`
`Amended Complaint (D.I. 8) is dismissed with prejudice;
`
`
`
`Case 1:10-cv-00258-SLR Document 585 Filed 12/04/15 Page 2 of 3 PageID #: 13180
`
`6.
`
`The Ninth Counterclaim for Relief (Non-infringement of the ’080 patent) in
`
`Apple’s First Amended Answer to Complaint and Counterclaims (D.I. 50) is dismissed with
`
`prejudice;
`
`7.
`
`The Eleventh Counterclaim for Relief (Non-infringement of the ’477 patent) in
`
`Apple’s First Amended Answer to Complaint and Counterclaims (D.I. 50) is dismissed with
`
`prejudice;
`
`8.
`
`The Thirteenth Counterclaim for Relief (Non-infringement of the ’012 patent) in
`
`Apple’s First Amended Answer to Complaint and Counterclaims (D.I. 50) is dismissed with
`
`prejudice;
`
`9.
`
`The Fourteenth Counterclaim for Relief (Non-infringement of the ’239 patent) in
`
`Apple’s First Amended Answer to Complaint and Counterclaims (D.I. 50) is dismissed with
`
`prejudice;
`
`10.
`
`The Sixteenth Counterclaim for Relief (Non-infringement of the ’170 patent) in
`
`Apple’s First Amended Answer to Complaint and Counterclaims (D.I. 50) is dismissed with
`
`prejudice;
`
`11.
`
`This Stipulated Dismissal shall have no effect on any other claims, counterclaims,
`
`or defenses; and
`
`12.
`
`Each party shall bear its own costs, expenses, and attorneys’ fees associated with
`
`the claims and counterclaims dismissed by this Stipulated Dismissal.
`
`- 2 -
`
`
`
`Case 1:10-cv-00258-SLR Document 585 Filed 12/04/15 Page 3 of 3 PageID #: 13181
`
`Dated: December 4, 2015
`
`MORRIS JAMES LLP
`
`
`
`
` /s/ Mary B. Matterer
`Richard K. Herrmann (No. 405)
`Mary B. Matterer (No. 2696)
`500 Delaware Avenue, Suite 1500
`Wilmington, Delaware 19801-1494
`(302) 888-6800
`rherrmann@morrisjames.com
`mmatterer@morrisjames.com
`
`O’MELVENY & MYERS LLP
`George A. Riley
`Luann L. Simmons
`Two Embarcadero Center, 28th Floor
`San Francisco, CA 94111-3823
`(415) 984-8700
`griley@omm.com
`lsimmons@omm.com
`
`Attorneys for Defendant Apple Inc.
`
`
`
`
`
`MORRIS, NICHOLS, ARSHT & TUNNELL
`LLP
`
`
` /s/ Jeremy A. Tigan
`Jack B. Blumenfeld (#1014)
`Rodger D. Smith II (#3778)
`Jeremy A. Tigan (#5239)
`1201 N. Market Street
`P.O. Box 1347
`Wilmington, DE 19899-1347
`(302) 658-9200
`jblumenfeld@mnat.com
`rsmith@mnat.com
`jtigan@mnat.com
`
`PROSKAUER ROSE LLP
`Steven M. Bauer
`Justin J. Daniels
`Safraz W. Ishmael
`One International Place
`Boston, MA 02110-2600
`(617) 526-9600
`
`Kenneth Rubenstein
`Anthony C. Coles
`Eleven Times Square
`New York, NY 10036
`
`Attorneys for Plaintiff MobileMedia Ideas LLC
`
`
`SO ORDERED this ___ day of _________, 2015.
`
`
`
`
`
`
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`
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`
`
`________________________________
` United States District Judge
`
`- 3 -
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