BANKRUPTCY:
EACH PARTY REPRESENTS AND WARRANTS THAT IT IS NOT
PRESENTLY THE SUBJECT OF A VOLUNTARY OR INVOLUNTARY PETITION IN BANKRUPTCY OR
THE EQUIVALENT THEREOF, DOES NOT PRESENTLY CONTEMPLATE FILING ANY SUCH VOLUNTARY
PETITION, AND DOES NOT PRESENTLY HAVE REASON TO BELIEVE THAT SUCH AN INVOLUNTARY
PETITION WILL BE FILED AGAINST IT.
(O)
[***]
(P)
NOTICES:
ALL NOTICES TO, DEMANDS, CONSENTS, AND COMMUNICATIONS
THAT ANY PARTY MAY DESIRE TO GIVE TO THE OTHER, AND/OR MAY BE REQUIRED UNDER
THIS AGREEMENT, MUST BE IN WRITING.
THE NOTICE SHALL BE EFFECTIVE UPON RECEIPT
IN THE UNITED STATES AFTER HAVING BEEN SENT BY REGISTERED OR CERTIFIED MAIL OR
SENT BY FACSIMILE TRANSMISSION, AND ADDRESSED TO THE ADDRESS DESIGNATED BELOW:
[***]
or to such address that the Party to whom notices are to be sent may from time
to time designate in writing.
8
CONFIDENTIAL TREATMENT
(Q)
AGENCY:
THIS AGREEMENT DOES NOT MAKE EITHER PARTY THE AGENT OF
THE OTHER PARTY FOR ANY PURPOSE WHATSOEVER, NOR DOES EITHER PARTY HAVE THE RIGHT
OR AUTHORITY TO ASSUME, CREATE OR INCUR ANY LIABILITY OF ANY KIND, EXPRESS OR
IMPLIED, AGAINST OR IN THE NAME OR ON BEHALF OF THE OTHER PARTY.
(R)
NO LICENSE TO FORGENT:
NOTHING CONTAINED IN THIS AGREEMENT SHALL
BE CONSTRUED AS CONFERRING TO FORGENT OR TO ITS AFFILIATES ANY RIGHT TO A
LICENSE UNDER OR TO OTHERWISE USE ANY PATENT, PATENT APPLICATION, TRADEMARK,
SERVICE NAME, SERVICE MARK, TRADE DRESS, TRADE SECRET OR OTHER INTELLECTUAL
PROPERTY BELONGING TO DIRECTV OR ITS AFFILIATES.
IN WITNESS WHEREOF, the Parties have executed this AGREEMENT on the dates set
forth opposite their respective signatures below:
DATED:
FORGENT NETWORKS, INC.
By:
Its:
DATED:
DIRECTV, INC.
By:
[***]
9
CONFIDENTIAL TREATMENT
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION
FORGENT NETWORKS, INC.
Plaintiff,
vs.
ECHOSTAR COMMUNICATIONS
CORPORATION, et al.
Defendants.
CONSOLIDATED
C.A. No. 6:06-CV-208 (LED)
SCIENTIFIC-ATLANTA, INC.
MOTOROLA, INC. and DIGEO, INC.
Plaintiffs,
vs.
FORGENT NETWORKS, INC.
Defendant.
AGREED MOTION TO DISMISS WITH PREJUDICE
Pursuant to Rule 41(a) and 41(c) of the Federal Rules of Civil Procedure and the
terms of a separate agreement, Plaintiff Forgent Networks, Inc. ("Forgent") and
Defendant DIRECTV, Inc. (collectively, the "Parties") have agreed to settle,
adjust and compromise all claims against each other in this case.
The Parties,
therefore, move this Court to dismiss with prejudice all claims by Plaintiff
against Defendant and to dismiss with prejudice all claims by Defendant against
Plaintiff with this Court retaining exclusive jurisdiction to hear any dispute
that may arise in connection with the settlement or any matter related thereto.
CONFIDENTIAL TREATMENT
A proposed Order accompanies this motion.
Respectfully submitted,
By:
[***]
ATTORNEY-IN-CHARGE FOR PLAINTIFF
OF COUNSEL:
[***]
[***]
[***]
ATTORNEYS FOR PLAINTIFF
[***]
ATTORNEYS FOR DEFENDANTS
DIRECTV, INC.
[***]
[***]
ATTORNEYS FOR DEFENDANT
DIRECTV, INC.
CONFIDENTIAL TREATMENT
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing document was
forwarded to opposing counsel, via e-filing and e-mail, on this
th day of