`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`PROVEN NETWORKS, LLC,
`
`Plaintiff,
`
`v.
`
`NETAPP, INC.,
`
`Defendant.
`
`CASE NO. 6:20-cv-00369-ADA
`
`JURY TRIAL DEMANDED
`
`STIPULATION AND MOTION FOR DISMISSAL OF COUNT I OF
`THE COMPLAINT WITH PREJUDICE
`
`Plaintiff Proven Networks, LLC (“Plaintiff”), by and through its counsel, and Defendant
`
`NetApp, Inc. (“Defendant”), by and through its counsel, file this Stipulation of Dismissal of
`
`Count I of the Complaint (Dkt. 1 and Amended Complaint Dkt. 22) With Prejudice, and in
`
`support hereof state:
`
`1.
`
`Plaintiff has determined that it no longer wishes to proceed with Count I of the
`
`Complaint, which asserts infringement of U.S. Patent No. 8,018,852, and wishes to dismiss that
`
`count with prejudice.
`
`2.
`
`Defendant does not object to the dismissal of Count I of the Complaint with
`
`prejudice. Defendant further agrees that it will jointly move with Plaintiff to terminate
`
`Defendant’s inter partes review petition for review of U.S. Patent No. 8,018,852 once the Court
`
`orders the dismissal.
`
`3.
`
`The parties agree that each party will bear its own costs and attorneys’ fees with
`
`regard to any proceedings relating to Count I of the Complaint.
`
`WEST\292454123.1
`
`
`
`Case 6:20-cv-00369-ADA Document 32 Filed 12/07/20 Page 2 of 3
`
`WHEREFORE, the parties hereby agree and stipulate that Count I of the Complaint be
`
`dismissed with prejudice.
`
`Dated: December 7, 2020
`
`/s/ John M. Guaragna
`John Guaragna (Bar No. 24043308)
`DLA PIPER LLP (US)
`401 Congress Avenue, Suite 2500
`Austin, TX 78701-3799
`Telephone: (512) 457-7000
`Facsimile: (512) 457-7001
`john.guaragna@us.dlapiper.com
`
`Mark D. Fowler (Pro Hac Vice)
`Clayton Thompson (Pro Hac Vice)
`Carrie Williamson (Pro Hac Vice)
`Sangwon Sung (Pro Hac Vice)
`Monica de Lazzari (Pro Hac Vice)
`DLA PIPER LLP (US)
`2000 University Avenue
`East Palo Alto, California 94303-2214
`Telephone: (650) 833-2000
`Facsimile: (650) 833-2001
`
`Attorneys for Defendant NetApp, Inc.
`
` /s/ Paul A. Kroeger (w/permission)
`Reza Mirzaie (CA SBN 246953)
`rmirzaie@raklaw.com
`Marc A. Fenster (CA SBN 181067)
`Email: mfenster@raklaw.com
`Brian D. Ledahl (CA SBN 186579)
`Email: bledahl@raklaw.com
`Benjamin T. Wang (CA SBN 228712)
`Email: bwang@raklaw.com
`Paul A. Kroeger (CA SBN 229074)
`Email: pkroeger@raklaw.com
`Kent N. Shum (CA SBN 259189)
`kshum@raklaw.com
`Jonathan Ma (CA SBN 312773)
`jma@raklaw.com
`RUSS AUGUST & KABAT
`12424 Wilshire Blvd. 12th Floor
`Los Angeles, CA 90025
`Phone: (310) 826-7474
`
`WEST\292454123.1
`
`2
`
`
`
`Case 6:20-cv-00369-ADA Document 32 Filed 12/07/20 Page 3 of 3
`
`Attorneys for Plaintiff Proven Networks,
`LLC
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that on the 7th day of December 2020, I electronically filed the foregoing
`with the Clerk of Court using the CM/ECF system, which will send notification of such filing via
`electronic mail to all counsel of record. Any other counsel of record will be served by first class
`U.S. mail.
`
`/s/ John M. Guaragna
`John M. Guaragna
`
`WEST\292454123.1
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`3
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`
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