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Re: this2shallpass post# 115275

Thursday, 11/10/2016 10:52:14 AM

Thursday, November 10, 2016 10:52:14 AM

Post# of 235126

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELA WARE
STRIKEFORCE TECHNOLOGIES, INC.
Plaintiff,
v.
PHONEFACTOR, INC., et al.,
Defendants.
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Civil Action No. 1: 13-cv-00490 MPT
STIPULATION AND ORDER OF DISMISSAL
Pursuant to Rule 41 of the Federal Rules of Civil Procedure and the agreement of the
parties, Plaintiff StrikeForce Technologies, Inc. ("Plaintiff') and Defendant First Midwest
Bancorp, Inc. ("FMBI"), by and through their respective counsel ofrecord, hereby stipulate and
agree as follows:
1. Plaintiff filed the above captioned action asserting claims for patent infringement
against FMBI, which, in turn, asserted one or more counterclaims or affirmative
defenses against Plaintiff.
2. Plaintiff and FMBI have agreed to settle, adjust, and compromise all claims between
them in the above-captioned action. As a result, the claims between Plaintiff and
FMBI have been resolved with respect to products of PhoneFactor, Inc. for which
FMBI is accused of infringement in this action.

3. All claims asserted by StrikeForce against FMBI and all claims asserted by FMBI
Defendants against StrikeForce in the above-entitled cause are dismissed with
prejudice to the re-filing of same.
4. All costs and expenses incurred by Plaintiff or FMBI relating to this litigation as
between them (including attorney and expert fees and expenses) shall be borne solely
by the party incurring the same.
5. Nothing in this Stipulation and Order of Dismissal shall affect StrikeForce's claims
against Defendant PhoneFactor, Inc., or against Microsoft Corporation, which claims
are expressly preserved.
Dated: December 4, 2014
BLANK ROME LLP
ls/Steven L. Caponi
Steven L. Caponi (l.D. No. 3484)
1201 Market Street, Suite 800
Wilmington, DE 19801
(302) 425-6400
Attorneys for StrikeForce Technologies, Inc.
MORRIS JAMES LLP
ls/Mary Matterer
Mary Matterer (Bar No. 2696)
500 Delaware A venue, Suite 1500
Wilmington, DE 19899-2306
(302) 888-6800 Phone
Attorneys for First Midwest Bancorp, Inc
SOORDERED~H~M~



This is nothing to brag about BUT for a company starting to grow it means something.
Comparing Q reports, number of customers went from 2 to 3 around the same time FMBI settled.