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Message: NEC Corp of America Settlement

NEC Corp of America Settlement

posted on Feb 25, 2007 08:13PM

Doesn't this say NEC America settled along with the other NEC entities?

From the order of dismissal on NEC<?xml:namespace prefix = o ns = "urn:schemas-microsoft-com:office:office" />


 


STIPULATION AND ORDER OF DISMISSAL WITH PREJUDICE IT IS HEREBY STIPULATED AND AGREED, pursuant to a settlement agreement by and between Plaintiffs, Technology Properties Limited and Patriot Scientific Corporation, and Defendants, NEC Corporation, NEC Corporation of America, NEC Display Solutions of America, Inc. and NEC Unified Solutions, Inc., and pursuant to Rule 41(a) of the Federal Rules of Civil Procedure, that the above-captioned action against Defendants NEC Corporation, NEC Corporation of America, NEC Display Solutions of America, Inc. and NEC Unified Solutions, Inc., shall be and is hereby dismissed with prejudice, all related counterclaims filed by NEC Corporation, NEC Corporation of America, NEC Display Solutions of America, Inc. and NEC Unified Solutions, Inc. shall be and are dismissed without prejudice, and no costs shall be assessed to any party.
DATED:
<?xml:namespace prefix = st1 ns = "urn:schemas-microsoft-com:office:smarttags" />February 21, 2007 Respectfully submitted,
By: /s/ Iris Sockel Mitrakos
Iris Sockel Mitrakos
TOWNSEND and TOWNSEND and CREW LLP
Iris Sockel Mitrakos, CA State Bar No. 190162


 


Definition of without prejudice


When a lawsuit is dismissed without prejudice, it signifies that none of the rights or privileges of the individual involved are considered to be lost or waived. The same holds true when an admission is made or when a motion is denied with the designation without prejudice.


A dismissal without prejudice permits a new lawsuit to be brought on the same grounds because no decision has been reached about the controversy on its merits. The whole subject in litigation is as much open to a subsequent suit as if no suit had ever been brought. The purpose and effect of the words without prejudice in a judgment, order, or decree dismissing a suit are to prohibit the defendant from using the defense of res judicata in any later action by the same plaintiff on the subject matter. A dismissal with prejudice, however, is a bar to relitigation of the subject matter. A decision resulting in prejudicial error substantially affects an appellant's legal rights and is often the ground for a reversal of the judgment and for the granting of a new trial.


 


Name change of NEC


 


1. When this action was originally filed, six NEC defendants were named. Two of these six NEC defendants were NEC America, Inc. and NEC Solutions (America), Inc.


2. Effective July 1, 2006, NEC Solutions (America), Inc. changed its corporate name to NEC Corporation of America.


3. Also effective July 1, 2006, NEC America, Inc. was merged with, and into, the corporation formerly known as NEC Solutions (America), Inc., now known as NEC Corporation
of America

4. TPL’s counsel has requested, and counsel for NEC America, Inc. has agreed, that the dismissal of NEC America, Inc. be without prejudice. The parties also agree that the dismissal of NEC America, Inc. shall not count toward the two-dismissal rule of Rule 41(a) of the Federal Rules of Civil Procedure. Accordingly, because NEC America, Inc. no longer exists.

From the order of dismissal on NEC


 


STIPULATION AND ORDER OF DISMISSAL WITH PREJUDICE IT IS HEREBY STIPULATED AND AGREED, pursuant to a settlement agreement by and between Plaintiffs, Technology Properties Limited and Patriot Scientific Corporation, and Defendants, NEC Corporation, NEC Corporation of America, NEC Display Solutions of America, Inc. and NEC Unified Solutions, Inc., and pursuant to Rule 41(a) of the Federal Rules of Civil Procedure, that the above-captioned action against Defendants NEC Corporation, NEC Corporation of America, NEC Display Solutions of America, Inc. and NEC Unified Solutions, Inc., shall be and is hereby dismissed with prejudice, all related counterclaims filed by NEC Corporation, NEC Corporation of America, NEC Display Solutions of America, Inc. and NEC Unified Solutions, Inc. shall be and are dismissed without prejudice, and no costs shall be assessed to any party.
DATED:
February 21, 2007 Respectfully submitted,
By: /s/ Iris Sockel Mitrakos
Iris Sockel Mitrakos
TOWNSEND and TOWNSEND and CREW LLP
Iris Sockel Mitrakos, CA State Bar No. 190162


 


Definition of without prejudice


When a lawsuit is dismissed without prejudice, it signifies that none of the rights or privileges of the individual involved are considered to be lost or waived. The same holds true when an admission is made or when a motion is denied with the designation without prejudice.


A dismissal without prejudice permits a new lawsuit to be brought on the same grounds because no decision has been reached about the controversy on its merits. The whole subject in litigation is as much open to a subsequent suit as if no suit had ever been brought. The purpose and effect of the words without prejudice in a judgment, order, or decree dismissing a suit are to prohibit the defendant from using the defense of res judicata in any later action by the same plaintiff on the subject matter. A dismissal with prejudice, however, is a bar to relitigation of the subject matter. A decision resulting in prejudicial error substantially affects an appellant's legal rights and is often the ground for a reversal of the judgment and for the granting of a new trial.


 


Name change of NEC


 


1. When this action was originally filed, six NEC defendants were named. Two of these six NEC defendants were NEC America, Inc. and NEC Solutions (America), Inc.


2. Effective July 1, 2006, NEC Solutions (America), Inc. changed its corporate name to NEC Corporation of America.


3. Also effective July 1, 2006, NEC America, Inc. was merged with, and into, the corporation formerly known as NEC Solutions (America), Inc., now known as NEC Corporation
of America

4. TPL’s counsel has requested, and counsel for NEC America, Inc. has agreed, that the dismissal of NEC America, Inc. be without prejudice. The parties also agree that the dismissal of NEC America, Inc. shall not count toward the two-dismissal rule of Rule 41(a) of the Federal Rules of Civil Procedure. Accordingly, because NEC America, Inc. no longer exists.
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