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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`TYLER DIVISION
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`CIVIL ACTION NO. 6:07CV80 (LED)
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`JURY TRIAL
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`VIRNETX INC. AND SCIENCE
`APPLICATIONS INTERNATIONAL
`CORP.,
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`v.
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`MICROSOFT CORPORATION,
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`Plaintiff,
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`Defendant.
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` ORDER OF DISMISSAL
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`On this day came on to be heard the parties’ Stipulation of Dismissal, and the Court
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`having considered same, is of the opinion the dismissal should be GRANTED.
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`IT IS THEREFORE ORDERED that all claims asserted against Microsoft in this action
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`are dismissed with prejudice.
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`The affirmative defenses and counterclaims asserted by Microsoft in this action are
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`dismissed. For the avoidance of doubt, this dismissal is without prejudice to Microsoft’s ability
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`to assert, in future actions, (i) affirmative defenses and/or counterclaims of invalidity or
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`noninfringement, (ii) affirmative defenses and/or counterclaims of unenforceability, subject to
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`the terms of the Order dated January 15, 2010 in this action (Docket No. 274), and/or (iii) any
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`other affirmative defenses. This dismissal is with prejudice to Microsoft’s ability to assert any
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`other counterclaims asserted by Microsoft in this action.
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`Each party shall bear its own costs, expenses, and fees.
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`This is a final judgment.
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`1
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`MICROSOFT 1072
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`Case 6:07-cv-00080-LED Document 443 Filed 06/01/10 Page 2 of 2
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`2
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`__________________________________
`LEONARD DAVIS
`UNITED STATES DISTRICT JUDGE
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`So ORDERED and SIGNED this 1st day of June, 2010.