1 TOWNSEND AND TOWNSEND AND CREW LLP
DISTR
A. JAMES ISBESTER (State Bar No. 129820) ES IC
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2 th A
Two Embarcadero Center, 8 Floor T C
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San Francisco, California 94111 U
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3 Telephone: 415.576.0200 E R
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Facsimile: 415.576.0300 RD
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N S S
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Email: jisbester@townsend.com I
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Specially appearing as attorney for Defendants
N Ware R
mes WI-LAN INC. WI-LAN TECHNOLOGIES ge Ja
O Jud O
6 CORPORATION, WI-LAN TECHNOLOGIES INC. R F
T I
L
AND WI-LAN V-CHIP CORPORATION H A
7 E C
R F
N O
D T
ISTRIC
8 9 UNITED STATES DISTRICT COURT
10 NORTHERN DISTRICT OF CALIFORNIA
11 SAN JOSE DIVISION
12
INTEL CORPORATION, Case No. 5:08-cv-4555 JW (HRL)
13
Plaintiff,
14 STIPULATION AND [PROPOSED]
v. ORDER DISMISSING WI-LAN
15 TECHNOLOGIES CORPORATION,
WI-LAN INC., WI-LAN TECHNOLOGIES WI-LAN TECHNOLOGIES INC., AND
16 CORPORATION, WI-LAN TECHNOLOGIES WI-LAN V-CHIP CORP.
INC., and WI-LAN V-CHIP CORP.,
17
Defendants.
18 19 20 Specially appearing defendants Wi-LAN Inc., Wi-LAN Technologies Corporation, Wi-LAN 21 Technologies Inc. and Wi-LAN V-Chip Corporation and plaintiff Intel Corporation (“Intel”), by and 22 through their respective counsel, hereby submit the following stipulation. 23 RECITALS
24 As disclosed in the attached Declaration of William Middleton Regarding Ownership of 25 Patents In Suit, Defendants have represented to Intel that none of Wi-LAN Technologies Corporation, 26 Wi-LAN Technologies Inc. and Wi-LAN V-Chip Corporation (collectively, the “Non-Owner 27 Defendants”) currently holds any interest in any of the patents-in-suit. Accordingly, none of the Non-28 Owner Defendants presently needs to be a party to this matter in order that the Court can fully resolve2 1 all issues now before it. By entering into this stipulation, Intel takes no position on the ownership of 2 the patents-in-suit, and reserves all right and arguments on that issue and any transactions regarding 3 the patents-in-suit. 4 STIPULATION
5 Therefore, the parties stipulate as follows: 6 1. Pursuant to Rule 41(a) of the Federal Rules of Civil Procedure, the Non-Owner 7 Defendants are each dismissed without prejudice, each party to bear its own costs. 8 9 Respectfully submitted, 10
DATED: January 15, 2009 TOWNSEND AND TOWNSEND AND CREW LLP 11
By: /s/
12
A. James Isbester
13
Attorney for Specially Appearing Defendants Wi-LAN Inc., WI-LAN Technologies Corporation, Wi-LAN Technologies 14
Inc., and Wi-LAN V-Chip Corp.
15 16
KIRKLAND & ELLIS LLP
17 18
By: /s/ Adam Alper
19 20
Attorneys for Plaintiff Intel Corporation
21 22 23 ORDER
24 Upon the parties’ stipulation, and good cause appearing therefor, 25 IT IS SO ORDERED. The Clerk shall terminate these parties from the docket. 26
DATED: FJaenburuaaryry _ 2_0_,, 22000099 By:
Honorable James Ware
27
United States District Court Judge