`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`C.A. No. 23-278-MN
`
`JURY TRIAL DEMANDED
`
`)))))))))
`
`PAYRANGE INC.,
`
`Plaintiff,
`
`v.
`
`CSC SERVICEWORKS, INC.,
`
`Defendant.
`
`STIPULATION AND [PROPOSED] ORDER OF PARTIAL DISMISSAL
`
`Pursuant to Federal Rule of Civil Procedure 41(a)(2), Plaintiff, PayRange Inc.
`
`(“PayRange”), and Defendant, CSC ServiceWorks, Inc. (“CSC”), by and through their respective
`
`counsel of record and subject to the approval of the Court, hereby stipulate and agree as follows:
`
`1.
`
`PayRange filed a First Amended Complaint on May 19, 2023 alleging, inter alia,
`
`that CSC infringes United States Patent Nos. 8,856,045, 10,438,208; 10,891,608; and 11,481,772
`
`(“the Asserted Patents”). D. I. 12. In its First Amended Complaint, PayRange alleged that CSC’s
`
`CSCPay Mobile and CSC Go products infringe certain claims of the Asserted Patents. Id., ¶39-94.
`
`CSC filed a Partial Motion to Dismiss the First Amended Complaint on June 2, 2023. D.I. 14. That
`
`Motion is pending, and CSC has not filed an Answer to the First Amended Complaint.
`
`2.
`
`On January 29, 2024, counsel for PayRange informed counsel for CSC that
`
`PayRange had reached a settlement with KioSoft Technologies, LLC (“KioSoft”), CSC’s vendor
`
`for the accused CSCPay Mobile product. Pursuant to this settlement, on January 30, 2024,
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`PayRange served Second Amended Infringement Contentions withdrawing its infringement
`
`allegations as to the CSCPay Mobile product. See D.I. 51.
`
`3.
`
`PayRange’s claims for infringement of the Asserted Patents against CSC by the
`
`CSCPay Mobile product as set forth in PayRange’s First Amended Complaint, which includes the
`
`
`
`Case 1:23-cv-00278-MN Document 69 Filed 03/19/24 Page 2 of 2 PageID #: 1438
`
`claims against the CSCPay Mobile product, a white label product developed and adapted by KioSoft
`
`for CSC, are dismissed with prejudice, with each party bearing their own costs, expenses, and
`
`attorneys’ fees with respect to CSCPay Mobile. All claims and defenses not specifically addressed
`
`in this stipulation are not impacted by this stipulation.
`
`POTTER ANDERSON & CORROON LLP
`
`PHILLIPS, MCLAUGHLIN & HALL, P.A.
`
`/s/ Bindu A. Palapura
`David E. Moore (#3983)
`Bindu A. Palapura (#5370)
`Andrew M. Moshos (#6685)
`Hercules Plaza, 6th Floor
`1313 N. Market Street
`Wilmington, DE 19801
`(302) 984-6000
`dmoore@potteranderson.com
`bpalapura@potteranderson.com
`amoshos@potteranderson.com
`
`Attorneys for Plaintiff
`Dated: March 19, 2024
`11383577/23372.00001
`
`/s/ John C. Phillips
`John C. Phillips (#110)
`Megan C. Haney (#5016)
`1200 North Broom Street
`Wilmington, DE 19806
`(302) 655-4200
`jcp@pmhdelaw.com
`mch@pmhdelaw.com
`
`Attorneys for Defendant
`
`19th
`IT IS SO ORDERED this __________ day of March, 2024.
`
`United States District Judge
`
`2
`
`
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