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Contract analysis / proposed-order-dismissal-draft.docx
proposed-order-dismissal-draft.docx
High · 0
Medium · 1
Standard · 1
1. Dismissal of Plaintiff's Claims. All claims asserted by Plaintiff Apex Surgical Innova
1. Dismissal of Plaintiff's Claims. All claims asserted by Plaintiff Apex Surgical Innovations, Inc. against Defendant Solstice Biomedical, Inc. in the Complaint filed on May 9, 2024 (D.I. 1), including, without limitation, all claims of patent infringement of United States Patent No. 9,814,237 ("the '237 Patent"), United States Patent No. 10,271,884 ("the '884 Patent"), and United States Patent No. 10,932,105 ("the
2. Dismissal of Defendant's Counterclaims. All counterclaims asserted by Defendant Solsti
2. Dismissal of Defendant's Counterclaims. All counterclaims asserted by Defendant Solstice Biomedical, Inc. against Plaintiff Apex Surgical Innovations, Inc. in the Answer, Affirmative Defenses, and Counterclaims filed on June 14, 2024 (D.I. 12), including, without limitation, all counterclaims for declaratory judgment of non-infringement and declaratory judgment of invalidity with respect to the '237 Patent, the '8
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 party shall be deemed a "prevailing party" for purposes of any statute, rule, or agreement providing for the recovery of costs or fees.
4. Vacatur of Remaining Deadlines. All remaining deadlines and scheduling provisions set
4. Vacatur of Remaining Deadlines. All remaining deadlines and scheduling provisions set forth in the Scheduling Order entered in this action (D.I. 22), including, without limitation, the trial date of September 30, 2025, and all pretrial deadlines associated therewith, are hereby VACATED as moot.
5. Retention of Jurisdiction. Notwithstanding the dismissal of this action, the Court sha
Medium
⚑ Forum / governing law
5. Retention of Jurisdiction. Notwithstanding the dismissal of this action, the Court shall retain jurisdiction solely for the purposes of enforcing the terms of the parties' settlement agreement, to the extent permitted by applicable law and consistent with the principles set forth in Kokkonen v. Ridgeline Mutual Insurance, 511 U.S. 375 (1994).
6. Closure of Case. The Clerk of Court is hereby directed to CLOSE this case and to termi
6. Closure of Case. The Clerk of Court is hereby directed to CLOSE this case and to terminate all pending motions as moot. Dated: ______, 2025 SO ORDERED. ________________________________________ CHIEF JUDGE RICHARD G. ANDREWS United States District Court for the District of Delaware Presented by agreement of the parties: For Defendant Solstice Biomedical, Inc.: ________________________________________ Marcus Delgado