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Message: Re: PACER/"in this action"
9
Oct 24, 2011 06:19PM

thank you Silversurfer, here it the stipulation:

______________________________________________________________________________
STIPULATED MOTION FOR DISMISSAL WITH PREJUDICE
_________O_F_ _D_E__F_E_N__D_A__N_T_ _V_T__E_C_H__ _E_L_E__C_T_R__O_N__I_C_S_ _N_O__R_T_H__ A__M__E_R__IC__A_,_ L__L_C_ ________
The plaintiff, e.Digital Corporation, and defendant, VTech Electronics North America,
LLC, pursuant to Fed. R. Civ. P. 41(a)(2) and (c), hereby move for an order dismissing all claims
and counterclaims in this action WITH PREJUDICE, subject to the terms of that certain
agreement entitled “RELEASE AND COVENANT” and dated October 12, 2011, with each
party to bear its own costs, expenses and attorneys’ fees.

"in this action", imo, does not bar any future claims for royalty defaults or future claims..not saying there are royalties, just saying that the language of all dismissals has been very careful to only dismiss the "claims brought in the case"......none of them even say "or that could have been brought"....

Plank says "rock on"...but it is only his opinion.

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Oct 24, 2011 09:11PM
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