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Contract analysis / proposed-order-of-dismissal.docx
proposed-order-of-dismissal.docx
High · 0
Medium · 2
Standard · 1
1. Dismissal of Plaintiff's Claims. All claims asserted by Plaintiff Optiwave Semiconduct
Medium
⚑ Liability cap to check against exposure
1. Dismissal of Plaintiff's Claims. All claims asserted by Plaintiff Optiwave Semiconductor Corp. against Defendant Lumos Photonics, Inc. in the Complaint filed on June 3, 2022 (ECF No. 1), including but not limited to all claims for infringement of United States Patent Nos. 10,234,567; 10,891,234; 11,045,678; and 11,312,890, together with any and all claims for damages, injunctive relief, enhanced damages, and any o
2. Dismissal of Defendant's Counterclaims. All counterclaims asserted by Defendant Lumos
Medium
⚑ Liability cap to check against exposure
2. Dismissal of Defendant's Counterclaims. All counterclaims asserted by Defendant Lumos Photonics, Inc. against Plaintiff Optiwave Semiconductor Corp. in the Answer and Counterclaims filed on July 29, 2022 (ECF No. 18), including but not limited to counterclaims for declaratory judgment of non-infringement and invalidity of United States Patent Nos. 10,234,567; 10,891,234; 11,045,678; and 11,312,890 under 35 U.S.C.
3. Costs and Attorneys' Fees. Each party shall bear its own costs and attorneys' fees inc
Standard
⚑ Commercial term
3. Costs and Attorneys' Fees. Each party shall bear its own costs and attorneys' fees incurred in connection with this action. No costs, expenses, or attorneys' fees are awarded to either party.
4. No Retention of Jurisdiction. The Court does not retain jurisdiction over this matter
4. No Retention of Jurisdiction. The Court does not retain jurisdiction over this matter for purposes of enforcing any settlement agreement or other agreement between the parties. Any disputes arising out of or relating to the parties' Settlement Agreement and Mutual Release dated April 5, 2023, shall be resolved in accordance with the dispute resolution provisions contained therein.
5. Closure of Case. The Clerk of Court is hereby directed to close this case and to termi
5. Closure of Case. The Clerk of Court is hereby directed to close this case and to terminate all pending motions, hearings, and deadlines as moot. All scheduled case management conferences, pretrial deadlines, and trial dates are hereby vacated. IT IS SO ORDERED. Dated: April 18, 2023 ________________________________________ HON. EDWARD J. TORVELIS United States District Judge PRESENTMENT The undersigned counsel for