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Message: Stipulation-Dismissa... of '749 & '890 for purposes of streamlining case
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Jul 26, 2015 03:49AM
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Jul 26, 2015 08:20PM
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Jul 26, 2015 11:47PM
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Jul 27, 2015 11:20AM
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Jul 27, 2015 11:41AM
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Jul 27, 2015 12:31PM

STIPULATION OF DISMISSAL OF U.S. PATENT NOS. 5,440,749 AND 5,530,890

Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii) and Civil L.R. 7-12, Plaintiffs Phoenix Digital Solutions LLC, Technology Properties Limited LLC, and Patriot Scientific Corporation (together, “Plaintiffs”) and Defendants LG Electronics, Inc. and LG Electronics U.S.A., Inc. (“LG”); Garmin Ltd., Garmin International, Inc., and Garmin USA, Inc. (“Garmin”); Samsung Electronics Co., Ltd. and Samsung Electronics America, Inc. (“Samsung”); Nintendo Co., Ltd. and Nintendo of America Inc. (“Nintendo”); ZTE Corporation and ZTE USA, Inc. (“ZTE”); and Huawei Technologies Co., Ltd., Huawei Device Co., Ltd. Huawei Device USA Inc., Futurewei Technologies, Inc., and Huawei Technologies USA Inc. (“Huawei”) (together, “Defendants”), in the above-captioned cases1 hereby stipulate to the dismissal with prejudice of Plaintiffs’ claims of infringement of U.S. Patent Nos. 5,440,749 (the “’749 Patent”) and 5,530,890 (the “’890 Patent”) against each Defendant. Likewise, and to the extent a Defendant has asserted counterclaims as to the ’749 and ’890 Patents, including counterclaims of invalidity or unenforceability, the Parties also hereby stipulate to the dismissal with prejudice of Defendant’s counterclaims as to the ’749 and ’890 Patents.

This stipulation and voluntary dismissal of the Parties’ claims related to the ’749 and ’890 Patents is being submitted for the purpose of streamlining the litigation. This stipulation is being filed before any determination has been made in these cases with respect to issues of

1 Defendants are party to Case Nos. 3:12-CV-03880, 3:12-CV-03870, 3:12-CV-03877, 3:12-CV- 03881, 3:12-CV-03876, and 3:12-CV-03865, respectively.

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Dated: July 27, 2015

Respectfully Submitted,

/s/ Barry J. Bumgardner

NELSON BUMGARDNER, P.C. +++++++++

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