UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION
JOINT STIPULATION OF DISMISSAL WITH PREJUDICE
Plaintiff Pinnacle Innovations LLC ("Plaintiff" or "Pinnacle") and Defendant Vantage Mobility Systems Corp. ("Defendant" or "VMS"), by and through their respective undersigned counsel of record, hereby jointly stipulate and agree to the dismissal of this action with prejudice pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii). In support thereof, the parties state as follows:
1. Dismissal of Plaintiff's Claims. The parties hereby stipulate and agree that all claims asserted by Plaintiff Pinnacle Innovations LLC against Defendant Vantage Mobility Systems Corp. in the above-captioned action, including without limitation all claims of patent infringement of United States Patent No. 9,847,312 B2 (entitled "Adaptive Sensor Integration Module for Vehicular Guidance Systems"), specifically Claims 1, 7, and 14, and all other claims asserted or that could have been asserted in this action arising out of the same patent, are hereby dismissed with prejudice. This dismissal extends to all claims set forth in Plaintiff's Original Complaint (Dkt. No. 1) and Plaintiff's First Amended Complaint (Dkt. No. 34), as well as any supplemental or additional claims relating to U.S. Patent No. 9,847,312 B2 that were or could have been raised in this proceeding.
2. Dismissal of Defendant's Counterclaims. The parties hereby stipulate and agree that all counterclaims asserted by Defendant Vantage Mobility Systems Corp. against Plaintiff Pinnacle Innovations LLC in this action, including without limitation Defendant's counterclaims of invalidity under 35 U.S.C. §§ 102 and 103, non-infringement, and inequitable conduct, as set forth in Defendant's Answer and Counterclaims (Dkt. No. 21) and Defendant's Amended Answer and Counterclaims (Dkt. No. 42), are hereby dismissed with prejudice.
3. Attorneys' Fees and Costs. Each party shall bear its own attorneys' fees, costs, and expenses incurred in connection with this action. No party is designated a prevailing party for purposes of any fee-shifting statute, rule, or provision, including but not limited to 35 U.S.C. § 285, 28 U.S.C. § 1927, or Federal Rule of Civil Procedure 54(d). The parties expressly waive any right to seek attorneys' fees or costs from the opposing party in connection with this action.
4. Retention of Jurisdiction. This Joint Stipulation of Dismissal is submitted pursuant to and in furtherance of a settlement reached between the parties. The Court shall retain jurisdiction solely for the limited purpose of enforcing the terms of this Stipulation of Dismissal and the parties' confidential settlement agreement, if necessary. Except as provided in this paragraph, the Court's jurisdiction over this matter is terminated upon entry of the accompanying Order.
5. Vacatur of Remaining Deadlines. All remaining deadlines in this action, including the expert report deadline of May 30, 2025, the Daubert motion deadline, the pretrial conference, the trial date of October 6, 2025, and any other pretrial deadlines, scheduling orders, or discovery obligations set forth in the Court's Scheduling Order (Dkt. No. 28) or any subsequent orders, are hereby vacated and rendered moot.
6. Authorization. The undersigned counsel represent and certify that they are fully authorized by their respective clients to execute this Joint Stipulation of Dismissal with Prejudice and to bind their respective clients to the terms set forth herein.
WHEREFORE, the parties respectfully request that this Court enter the accompanying [Proposed] Order dismissing this action with prejudice and closing this case.
Respectfully submitted,
COUNSEL FOR PLAINTIFF PINNACLE INNOVATIONS LLC:
Dated: ____
________________________________________
Nolan Whitfield (Texas State Bar No. 24078631) Whitfield & Gaines PLLC 100 Independence Place, Suite 2800 Tyler, TX 75702 Telephone: (903) 555-4200 Facsimile: (903) 555-4201
Email: nwhitfield@whitfieldgaines.com
Counsel for Plaintiff Pinnacle Innovations LLC
COUNSEL FOR DEFENDANT VANTAGE MOBILITY SYSTEMS CORP.:
Dated: ____
________________________________________
Marcus Delgado (State Bar of Michigan No. P78452) (admitted pro hac vice) Calderwood & Harkness LLP One Fountain Square, 11th Floor Detroit, MI 48226 Telephone: (313) 555-7800 Facsimile: (313) 555-7801
Email: mdelgado@calderwoodharkness.com
Counsel for Defendant Vantage Mobility Systems Corp.
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION
[PROPOSED] ORDER
Having reviewed the foregoing Joint Stipulation of Dismissal with Prejudice filed by the parties pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), and good cause appearing therefor, it is hereby ORDERED as follows:
1. All claims asserted by Plaintiff Pinnacle Innovations LLC against Defendant Vantage Mobility Systems Corp. in this action, including all claims of infringement of United States Patent No. 9,847,312 B2, are DISMISSED WITH PREJUDICE.
2. All counterclaims asserted by Defendant Vantage Mobility Systems Corp. against Plaintiff Pinnacle Innovations LLC in this action, including counterclaims of invalidity, non-infringement, and inequitable conduct, are DISMISSED WITH PREJUDICE.
3. Each party shall bear its own attorneys' fees, costs, and expenses. No party is designated a prevailing party for purposes of any fee-shifting statute or rule.
4. All remaining deadlines in this action, including the expert report deadline, the pretrial conference, and the trial setting of October 6, 2025, are hereby VACATED.
5. The Court retains jurisdiction solely for the purpose of enforcing the terms of this Stipulation of Dismissal and the parties' settlement agreement, if necessary.
6. The Clerk of Court is directed to CLOSE this case and enter this Order on the docket.
SO ORDERED this _ day of ______, 2025.
________________________________________
Hon. J. Rodney Gilstrap United States District Judge
CERTIFICATE OF CONFERENCE
Pursuant to Local Rule CV-7(h) of the United States District Court for the Eastern District of Texas, the undersigned counsel for Defendant Vantage Mobility Systems Corp. hereby certifies that he has conferred with counsel for Plaintiff Pinnacle Innovations LLC, specifically Nolan Whitfield and Priya Madan of Whitfield & Gaines PLLC, regarding the filing of this Joint Stipulation of Dismissal with Prejudice. Both parties consent to and join in this Joint Stipulation of Dismissal with Prejudice. There is no opposition to the relief requested herein.
________________________________________
Marcus Delgado Calderwood & Harkness LLP Counsel for Defendant Vantage Mobility Systems Corp.
CERTIFICATE OF SERVICE
I, Marcus Delgado, hereby certify that on the date of the electronic filing of this document, a true and correct copy of the foregoing Joint Stipulation of Dismissal with Prejudice and [Proposed] Order was served on all counsel of record via the Court's CM/ECF electronic filing system, which will send notification of such filing to the following:
Nolan Whitfield Priya Madan Whitfield & Gaines PLLC 100 Independence Place, Suite 2800 Tyler, TX 75702 Telephone: (903) 555-4200
Email: nwhitfield@whitfieldgaines.com
Email: pmadan@whitfieldgaines.com
Counsel for Plaintiff Pinnacle Innovations LLC
________________________________________
Marcus Delgado Calderwood & Harkness LLP One Fountain Square, 11th Floor Detroit, MI 48226 Telephone: (313) 555-7800
Email: mdelgado@calderwoodharkness.com
Counsel for Defendant Vantage Mobility Systems Corp.
PINNACLE INNOVATIONS LLC, a Texas limited liability company,
<!-- indent:1 -->Plaintiff,<!-- /indent -->
| v. | Civil Action No. 2:24-cv-00187-JRG |
| VANTAGE MOBILITY SYSTEMS CORP., a Delaware corporation, | Hon. J. Rodney Gilstrap |
<!-- indent:1 -->Defendant.<!-- /indent -->
PINNACLE INNOVATIONS LLC, a Texas limited liability company,
<!-- indent:1 -->Plaintiff,<!-- /indent -->
| v. | Civil Action No. 2:24-cv-00187-JRG |
| VANTAGE MOBILITY SYSTEMS CORP., a Delaware corporation, | Hon. J. Rodney Gilstrap |
<!-- indent:1 -->Defendant.<!-- /indent -->