Mosaic ImmunoEngineering Inc (CPMV): 3rd Pacer--STIPULATION TO DISMISS NEC EL...

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Monday, 12/17/2007 6:17:56 PM

Monday, December 17, 2007 6:17:56 PM

3rd Pacer--STIPULATION TO DISMISS NEC ELECTRONICS AMERICA, INC.

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS MARSHALL DIVISION

Technology Properties Limited and Patriot

Scientific Corporation,

Plaintiffs,

v.

Matsushita Electrical Industrial Co., Ltd.,

Panasonic Corporation of North America, JVC

Americas Corporation, NEC Electronics

America, Inc., Toshiba Corporation, Toshiba

America, Inc., Toshiba America Electronic

Components, Inc., Toshiba America

Information Systems, Inc. and Toshiba America

Consumer Products, LLC,

Defendants.

JURY DEMANDED

STIPULATION TO DISMISS NEC ELECTRONICS AMERICA, INC.

CASE NO. 2:05-CV-00494 (TJW) - 1 -

Pursuant to Federal Rule of Civil Procedure 41(a)(1) and (c), Plaintiffs Technology Properties Limited ("TPL") and Patriot Scientific Corporation ("Patriot") and Defendant NEC Electronics America, Inc. ("NECELAM") (collectively, “the Parties”), having resolved the issues between them, hereby stipulate and agree, through their respective counsel, that the remaining claims among these parties shall be dismissed, with each party bearing its own costs and attorneys' fees. Plaintiffs' claims shall be dismissed with prejudice and Defendant NECELAM’s counterclaims shall be dismissed without prejudice.

DATED: December 17, 2007 By: /s/ Roger L. Cook

TOWNSEND and TOWNSEND and CREW LLP

Roger L. Cook, CA State Bar No. 55208