Free Notice of Voluntary Dismissal - District Court of Delaware - Delaware

Case 1:04-cv-01345-GMS

Document 6

Filed 08/23/2005

Page 1 of 2

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

) ) Plaintiff, ) ) vs. ) ) Bio-Rad Laboratories, Inc. ) ) Defendant. ) ) ____________________________________)

Leica Microsystems Heidelberg GmbH

Civil Action No. 04-1345 GMS

DEMAND FOR JURY TRIAL

NOTICE OF VOLUNTARY DISMISSAL Plaintiff Leica Microsystems Heidelberg GmnH, by and through its undersigned counsel hereby voluntarily dismisses the above captioned case pursuant to Federal Rule of Civil Procedure 41(a)(1). 1. 2. This patent infringement lawsuit was filed on October 8, 2004. On February 17, 2005 and June 17, 2005, this Court granted the plaintiff extensions

of time to serve the defendant while plaintiff and defendant engaged in settlement discussions. 3. 4. Complaint. 5. Federal Rule of Civil Procedure 41(a)(1) allows the plaintiff to voluntarily dismiss The plaintiff never served the Complaint on the Defendant. Plaintiff and defendant have finalized a settlement of the claims raised in the

the Complaint by filing notice before the adverse party is served with the Complaint. 6. Plaintiff, therefore, voluntarily dismisses the Complaint.

Case 1:04-cv-01345-GMS

Document 6

Filed 08/23/2005

Page 2 of 2

McCULLOUGH & McKENTY, P.A. /s/Gerald J. Hager Gerald J. Hager (Del. Id. 4097) 1225 North King Street, 11th Floor P.O. Box 397 Wilmington, DE 19899-0397 (302) 655-6749 Attorney for Plaintiff Dated: August 23, 2005