`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`TYLER DIVISION
`
`
`
`
`Civil Action No. 6:14-cv-982
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`CONSOLIDATED LEAD CASE
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`
`
`
`
`
`
`Civil Action No. 6:15-cv-049
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`JURY TRIAL DEMANDED
`
`
`
`
`
`
`
`CELLULAR COMMUNICATIONS
`EQUIPMENT LLC,
`Plaintiff,
`
`v.
`
`LG ELECTRONICS, INC., et al.,
`Defendants.
`
`
`CELLULAR COMMUNICATIONS
`EQUIPMENT LLC,
`Plaintiff,
`
`v.
`
`KYOCERA COMMUNICATIONS, INC.,
`et al.,
`Defendants.
`
`
`
`
`
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`
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`JOINT STIPULATION OF DISMISSAL
`
`Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), Cellular Communications
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`Equipment LLC (“CCE”) and Defendant Kyocera Communications, Inc. (“Kyocera”) hereby
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`state that the parties have reached an agreement settling the matters in controversy between them
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`in Civil Action No. 6:15-cv-049. Accordingly, CCE and Kyocera stipulate to the dismissal of
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`CCE and Kyocera from Civil Action No. 6:15-cv-049 WITH PREJUDICE to the extent provided
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`for in the Settlement and Patent License Agreement between CCE and Kyocera.
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`In view of this, Plaintiff also seeks to dismiss Kyocera’s co-Defendants, namely AT&T
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`Mobility LLC, Sprint Solutions, Inc., Sprint Spectrum L.P., Boost Mobile, LLC, T-Mobile USA,
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`Inc., T-Mobile US, Inc., and Cellco Partnership d/b/a Verizon Wireless, from Civil Action No.
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`
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`
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`Case 6:14-cv-00982-KNM Document 182 Filed 01/05/16 Page 2 of 3 PageID #: 2295
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`
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`6:15-cv-049 WITH PREJUDICE as to claims for relief asserted therein involving the
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`manufacture, use, offer for sale, sale, and/or importation of products manufactured by or for
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`Kyocera that are the subject of the aforementioned Settlement and Patent License Agreement.
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`The Kyocera co-Defendants do not oppose.
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`CCE and Kyocera ask that the Court enter the attendant proposed Order of Dismissal,
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`with each party to bear its own costs, expenses and attorneys’ fees.
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`Respectfully submitted,
`
`/s/ Jose L. Patiño
`Jose L. Patiño
`jpatino@foley.com
`FOLEY & LARDNER LLP
`3579 Valley Centre Drive, Suite 300
`San Diego, CA 92130
`Tel: 858-847-6875
`Fax: 858-792-6773
`
`COUNSEL FOR DEFENDANT
`KYOCERA COMMUNICATIONS, INC.
`
`
`
`
`
`
`
`
`Dated: January 5, 2016
`
`Respectfully submitted,
`
`/s/ Edward R. Nelson III
`Edward R. Nelson III
`ed@nelbum.com
`Texas State Bar No. 00797142
`Brent N. Bumgardner
`brent@nelbum.com
`Texas State Bar No. 00795272
`NELSON BUMGARDNER PC
`3131 West 7th Street, Suite 300
`Fort Worth, Texas 76107
`Phone: (817) 377-9111
`Fax: (817) 377-3485
`
`T. John Ward, Jr.
`Texas State Bar No. 00794818
`J. Wesley Hill
`Texas State Bar No. 24032294
`Claire Abernathy Henry
`Texas State Bar No. 24053063
`WARD & SMITH LAW FIRM
`P.O. Box 1231
`1127 Judson Rd. Ste. 220
`Longview, Texas 75606-1231
`(903) 757-6400
`(903) 757-2323 (fax)
`jw@jwfirm.com
`wh@wsfirm.com
`ch@wsfirm.com
`
`ATTORNEYS FOR PLAINTIFF
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`
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`2
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`
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`Case 6:14-cv-00982-KNM Document 182 Filed 01/05/16 Page 3 of 3 PageID #: 2296
`
`
`
`CELLULAR COMMUNICATIONS
`EQUIPMENT LLC
`
`
`
`
`CERTIFICATE OF CONFERENCE
`Pursuant to Local Rule CV-7(h), I certify that the parties have met and conferred and that
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`this Stipulation is unopposed.
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`
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`
`
`/s/ Edward R. Nelson III
`
`
`
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`CERTIFICATE OF SERVICE
`I hereby certify that on the 5th day of January, 2016, I electronically filed the foregoing
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`document with the clerk of the Court for the U.S. District Court, Eastern District of Texas, Tyler
`Division, using the Court’s electronic case filing system. The electronic case filing system sent a
`“Notice of Electronic Filing” to the attorneys of record who have consented in writing to accept
`this Notice as service of this document by electronic means.
`
`
`
`/s/ Edward R. Nelson III
`
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`3
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