Case 5:10-cv-03972-LHK Document 580-16 Filed 12/14/12 Page 1 of 16

EXHIBIT 28
DOCUMENT SUBMITTED UNDER SEAL
 Case 5:10-cv-03972-LHK Document 580-16 Filed 12/14/12 Page 2 of 16

SETILEMINI AND LICENSE AGBEEMENT

]/L(./JJ!1 J.u J)I/
1'hiI SettIemem and License Agreement ("Aareement") is entered into as of N~ber
L 2008. by IImd between Plaintiff. Linex Technologies, Inc. (hereinafter referred to as
"I...iux" ad more fully defined below) and Belkin International, Inc. (hereinafter referred to as
"JWkin" ud more fully defined below) by and through their duly authorized representatives.
I;EClTALS

WHEREAS. on June 1, 2001, Pwntifl'Linex initiated II lawsuit in the United States

~ Court for the &stem District of Texas, currently styled Llnex Technologies, 1m: .v.
. . . InMmallO'I'IllI Inc., el al., Civil Action No. 2:07-cv..00222 (uthe Lawsuit") seeking
c'osJ1 r for the allepd iDfi'ingement of United States Patent No. 6,751;322 entitled "Spate
m-sity _4 CodiD& Spread-Spectrum Antenna and Method" (hereinafter referred to as "the
-m·,.,.,;
WHBREAS, BelkiD denies the allegations set forth in the complaint filed by Linex in the
Lnait, _ Us merted. various defenses io.clwUng alleging that the '322 patent is invalid, not
I. 1:1" Ie ~ . . UMDfOrcabte;

WHEREAS, each party disputes various contentions and claims asserted by the other
~ mthe Lawsuit, mel the parties
have determined that continued litigation will be time
o§ 1" "!ftI, ~ and expensive;

;.,,8, an
WHEREAS. in view of the foregoing, Linex and Belkin now desire to settle the Lawsuit,
euamtt causes of action between Linex and Belkin (as well as their Affiliates as
..... below). without admitting in any way the other party's claims or arguments, and to grant
tbt Rlase of ones another from my and aU liability and/or obligations, past or present arising
. . ., out of, or in amy manner cormeeted with the alleged infringement of the '322 patent, any
~ Patems (as more Mly defmed below) and any Linex Patent (as more fully defined
~) held by Lmex or arising from any application or patent currently applied foX' that claims
pdu$y to my currently issued Lina Patmt, including, but not limited tOt the patents listed in
Bd6it B. ad my potential defenses or counterclaims thereto;
NOW. THEREFORE, Lina and Belkin (as well as Lmex Affiliates and Belkin Affiliates
at ~ below), mexchango for the dismissal and releases of all claims and counterclaims that
~ be. or coWd have been raised by or apinst each other in the Lawsuit, for the monetary
O1:i"'dcndioD provided herein. and for other good and valuable considerations, the receipt and
-6ieucy ,,(which is hereby expressly admowledged, agree as follows:
L PRQ'!nlONfJ
1.1 ··Belkin" as used herein means Belkin International. Inc. and Belkin Affiliates,
........ ud successon in interest. Belkin is a Delaware corpOnltion, with its corporate
~ located at SOt W. Walnut St.ComptQn, California USA 90220-5221.

1.2 "Affiliates'" of Belkin or Linex meaDS any person or business entity. including
witImit limiWion emities orpnized as corporations, partnerships~ limited liability partnerShips
1

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 Case 5:10-cv-03972-LHK Document 580-16 Filed 12/14/12 Page 3 of 16

and limited liability companies, that currently or in the future controls Belkin or Linex, is
controlled by Belkin or Linex, or is under common control with Belkin or Linex. The phrase
"controls Belkin or Linex, is controlled by Belkin or Linex, or is under common control with"
means the possession, directly or indirectly, of the power to direct or cause the direction of the
management and policies of such entity, whether through ownership of voting securities (as to
which ownership of 50% or more establishes control) or other interests, by contract or otherwise
or to appoint trustees that have such power.

Notwithstanding the foregoing, in any country where a Party is not permitted by law to
own fifty percent (50%) or more of the shares of a company, the local company shall be deemed
an Affiliate of that Party hereto for purposes of this Agreement if such party has or controls,
directly or indirectly, the maximum legally allowed ownership interest in such local company,
wherein such maximum allowed ownership is less than fifty percent (50%).

1.3 "Linex" as used herein means Linex Technologies, Inc., a Delaware corporation,
with its principal office located at 187 Highway 36, West Long Branch, New Jersey 07764, and
the Linex Affiliates, assignees and successors in interest.

1.4 The "Patent in Suit" as used herein means United States Patent 6,757,322 entitled
"Space Diversity and Coding, Spread-Spectrum Antenna and Method" (hereinafter referred to as
"the '322 patent") issued June 29, 2004.

1.5 The term "Parties" or "Party" means the signatories to this Agreement (Belkin
International, Inc. and Linex Technologies, Inc.) both jointly and individually.

1.6 "Licensed Product" means any product, component, device, software, system or
service that is made, used, sold, or offered for sale, exported or imported for sale in the United
States or any foreign country by or on behalf of Belkin or any Belkin Affiliate.

1.7 The term "Effective Date" shall mean the last date upon which this Agreement is
executed by Belkin International, Inc. and Linex Technologies, Inc.

1.8 "Related Patents" means (a) the patents listed in the attached Exhibit A; (b) any
Patents that have issued or may issue from any continuation, continuation-in-part or divisional to
any of the patents listed in the attached Exhibit A; (c) any Patents that claim priority, either
directly or through any intervening patents or applications, to any of the patents listed in the
attached Exhibit A; (d) all patents to which the patents listed in the attached Exhibit A claim
priority, (e) any re-issues, renewals, substitutions, re examinations and extensions of any of the
patents described in (a), (b), (c), or (d); and (f) any foreign counterparts of any of the patents
described in (a), (b), (c) or (d) above.

1.9 "Linex Patent" means: (i) any Patent or Patent application (including a provisional
application) that claims priority to any currently issued Linex Patent currently owned or
controlled by Linex or any Linex Affiliate, including, but not limited to the '322 patent, Related
Patents and the Patents listed in Exhibits A and B; (ii) any and all Patents subsequently issuing
from continuations, divisionals, continuations-in-part, reexaminations, reissues, substitutions,
extensions, and renewals of any patent or application currently owned or controlled by Linex or a
Linex Affiliate; (iii) any and all Patents that subsequently issue that claim priority to an

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application that any Patent or application that claims priority to any currently issued Linex Patent
currently owned or controlled by Linex or a Linex Affiliate also claims priority to; (iv) any
foreign counterparts of any of the foregoing in any jurisdiction of the world; and (v) any patents
currently owned or licensed by Linex or any Linex Affiliates.

1.10 "Patents" means (i) all classes or types of patents, including utility patents, utility
models, design patents, invention certificates, reexaminations, reissues, substitutions, extensions
and renewals, in all jurisdictions of the world; and (ii) all applications (including provisional and
nonprovisional applications), continuations, divisionals, continuations-in-part, and rights to
inventions for which applications may be filed that claim priority to any currently issued Linex
Patent, for these classes or types of patents in all jurisdictions of the world. The tenn "Patents"
does not include any copyrights, trademarks, mask work rights, or trade secret rights.

1.11 "Licensed Patents" means the Patent in Suit and Related Patents as defined in
sections 1.4 and 1.8 of this Agreement.

II. RELEASES AND GRANTS

2.1 Release of Belkin. Linex and all Linex Affiliates and their successors and
assigns release and discharge Belkin and all Belkin Affiliates and their respective direct and
indirect customers (and third-parties in accordance with Section 3.5) from any and all past or
present claims, demands, actions, causes of action (whether known or unknown), suits of any
kind or nature, rights, damages, costs, losses, expenses and compensation, including, without
limitation, any infringement of any Linex Patent or the Related Patents once the payment
specified in paragraph 4.1 is made.

2.2 Release of Linex. Belkin and all Belkin Affiliates and their successors and
assigns release and discharge Linex from any and all claims, demands, actions, causes of action
(whether known or unknown), suits of any kind or nature, rights, damages, costs, losses,
expenses and compensation that were or could have been brought against Linex in the Lawsuit in
relation to the '322 patent, the Related Patents, or any currently issued patent owned by Linex.

2.3 Linex License to Belkin. Subject to the payment provided under 4.1, Linex and
all Linex Affiliates and their successors and assigns hereby grants to Belkin and all Belkin
Affiliates a non-exclusive, non-transferable, fully paid-Up, worldwide license, without the right
to sublicense (except that Belkin and all Belkin Affiliates may sublicense to purchasers of Belkin
Products), to the '322 patent and Related Patents to make, or have made, use, import or have
imported, export or have exported, offer to sell and sell Licensed Products, through multiple tiers
of distribution channels, under the Licensed Patents and Related Patents as identified in sections
1.4 and 1.8 of this agreement. This license shall be for the entire life of the '322 patent and the
entire life of any and all Related Patents. Notwithstanding the foregoing, this license shall
tenninate in the event that a Subsequent Payment is due pursuant to Section 4.2 and is not made
in accordance with that Section.

2.4 Waiver of Certain Statutory Provisions. The Parties understand the

significance of, and, as further consideration for this Agreement, expressly waive any right or

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benefit that may be available to them under Section 1542 of the California Civil Code or any
similar laws. Section 1542 of the California Civil Code provides:

"A general release does not extend to claims which the creditor does not know or suspect
to exist in his favor at the time of executing the release, which if known by him must
have materially affected his settlement with the debtor."

III. LIMITED COVENANTS NOT TO SUE

3.1 Covenant Not To Sue Belkin. Linex and all its Affiliates and their successors
and assigns covenant not to sue Belkin or any Belkin Affiliates or (with respect to Licensed
Products) their respective direct and indirect customers for any claims based on any Linex
Patent, once the payment specified in Sections 4.1 is made, for the life of every Linex Patent, as
defined in Section 1.9. Notwithstanding the foregoing, this covenant not to sue shall terminate in
the event that a Subsequent Payment is due pursuant to Section 4.2 and is not made in
accordance with that Section. However, said termination does not apply to and has no effect on
any Licensed Product sold prior to the time the Subsequent Payment under Section 4.2 is due.

3.2 Covenant Not to Sue Linex. So long as the License set forth in Section 2.3 and
Covent Not To Sue set forth in Section 3.1 remain in effect, Belkin and all Belkin Affiliates and
their successors and assigns covenant not to sue Linex andlor its Affiliates for declaratory
judgment of noninfringement, invalidity, or unenforceability of the '322 patent, the Related
Patents or any Linex Patent, and neither Belkin nor Belkin Affiliates will submit or participate in
a request for a reexamination (whether inter partes or ex parte) of the '322 patent, the Related
Patents or any Linex Patent.

3.3 No Right to Sublicense/Cross-License, Assign or Transfer. The Linex

Covenant Not to Sue Belkin or any Belkin Affiliates provided under this Section III does not
confer Belkin with the right to cross-license andlor sublicense, assign or otherwise transfer any
rights it may have to the '322 patent, Related Patents, or any Linex Patent by virtue of this
Agreement (except that Belkin and all Belkin Affiliates may sublicense to purchasers of Belkin
product).

3.4 Responsibilities of the Assignees of the Patent in Suit. In the event that Linex
transfers or assigns ownership andlor control of any of the Patent-In-Suit, Related Patents or
Linex Patents that are subject to this Agreement, such transfer or assignment shall not become
effective unless and until the transferee party agrees, in writing, to be bound by this Agreement
and to accept Linex's rights and obligations with respect to the patents that are subject to this
Agreement.

3.5 Have Made Rights. The Linex license to Belkin includes a right for Belkin, its
Affiliates, successors, and assigns to have products made by third-parties. Under this
Agreement, any party that produces or manufactures Licensed Products covered by the Licensed
Patent, a Related Patent or any Linex Patent under this Agreement solely on behalf of Belkin or
Belkin Affiliates is immune from suit if such a party manufactures or produces such products for
use, importation, offer for sale, lease, sale andlor other transfer by Belkin andlor any Belkin
Affiliates or their successors or assigns. Such products shall be sold, leased or otherwise

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transferred under Belkin's or any Belkin Affiliates' (or their successors' or assigns') trademark
or trade name or under the trademark or tradename of their respective OEM customers.

IV. PAYMENT

4.1 Initial Lump Sum Payment and Date. Belkin shall pay Linex the initial sum of
$400,000.00 U.S. Dollars (the "Initial Payment") within 20 days from the Effective Date. The
payment to Linex shall be made to the IOLTA (Interest on Lawyers' Trust Account) account of
the firm of Goldstein, Faucett & Prebeg, as follows:

AmegyBank
12 Greenway Plaza, Suite 210
Houston, Texas 77046

Account No.: 9114637

Routing No.: 113011258
SWIFT Code: SWBKUS44

Beneficiary: Goldstein, Faucett & Prebeg, LLP

1077 West Loop South, Ste. 400
Houston, TX 77027

4.2 Subsequent Lump Sum Payment and Date. Within five business days of the
third anniversary of the Effective Date of this agreement, Belkin shall pay Linex the sum of
$150,000.00 U.S. Dollars (the "Subsequent Payment") to the account specified in Section 4.1.
However, this Subsequent Payment obligation is permanently and irrevocably waived if there
has been a final finding of invalidity or non-patentability of all claims of the '322 Patent and all
appeals have been exhausted. If there has been a non-final finding of invalidity or rejection of
the claims in an administrative or judicial proceeding, this Subsequent Payment obligation is
postponed until there is a final resolution (where all appeals have been exhausted) and the
patentability of at least one claim is confirmed or all claims are rejected (in the context of a
United States Patent Office proceeding) or there has been a final adjudication of the patentability
of the claims in an administrative or judicial proceeding. If, following any Subsequent Payment
postponement, no valid claims of the '322 patent remain, the Subsequent Payment obligation is
permanently and irrevocably waived. However, if, following any Subsequent Payment
postponement, any valid claims of the '322 Patent remain, then, within thirty days, Belkin shall
pay Linex the sum of $150,000.00 U.S. Dollars (the "Subsequent Payment") to the account
specified in Section 4.1.

V. DISMISSAL

5.1. Dismissal. Within (25) days of the Initial Payment, the Parties shall file a
Stipulation of Dismissal of the Lawsuit With Prejudice in the form attached as Exhibit C.

5.2 No Admission of Liability. The Parties expressly agree and acknowledge that by
entering into this Agreement no Party admits any liability, wrongdoing or the truth of any
allegation contained in any claim, defense or counterclaim alleged in the Lawsuit. Neither this

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Agreement nor any release contained within it may be construed or used as an admission of any
issues, facts, wrongdoing, liability, or violation of law whatsoever.

5.3 Each Party to Pay Its Own Legal Fees. The Parties shall each pay their own
legal fees and costs incurred in connection with the Lawsuit.

VI. REPRESENTATIONS AND WARRANTIES

6.1 Linex's Sole Right and Authority. Linex represents and warrants that it owns
the '322 patent, Related Patents, and the Linex Patents, and has the sole right and exclusive
authority to enter into this Agreement on behalf of Linex and any Linex Affiliates. Linex further
warrants that (i) no ownership interest in the '322 patent, the Related Patents, or any Linex
Patent is held by any third party, and (ii) the '322 patent, the Related Patents, and the Linex
Patents are not subject to any encumbrance, lien or claim of ownership by any third party.

6.2 Sole Owner of Claims. Each Party represents and warrants to the other Party
that: (i) it is the sale owner of the claims or causes of action released in this Agreement and has
not previously assigned or transferred, or purported to assign or transfer, any interest in such
claims or causes of action to any other person or entity; (ii) that it is not in a disparate bargaining
position with respect to the negotiation of this Agreement; (iii) that it has full authority to enter
into this Agreement and is competent to do so; and (iv) that this Agreement constitutes the legal,
valid and binding obligation of such Party enforceable against such Party in accordance with its
terms.

6.3 Belkin's Sole Right and Authority. Belkin represents and warrants that it has
the right to enter into this Agreement on behalf of Belkin and any Belkin Affiliates.

6.4 Linex's Sole Right and Authority. Linex represents and warrants that it has the
right to enter into this Agreement on behalf of Linex and any Linex Affiliates.

6.5 Signature Authority. The persons signing this Agreement each represent that
they are duly authorized, with full authority to bind the Parties, and that no signature of any other
person or entity is necessary to bind the Parties.

6.6 All Linex Patents. Linex represents and warrants that the Patents listed in
Exhibits A and B of this Agreement include every issued patent that Linex owns or has an
ownership interest in as of the Effective Date of this Agreement.

VII. CONFIDENTIALITY

7.1 Confidentiality. Except for disclosure (1) pursuant to an order or subpoena of a

court or governmental agency; (2) to persons with a "need to know" respecting corporate,
financial, legal and contract matters, including insurers, lenders, investment bankers, auditors
and contracting partners, who also agree to treat such information as confidential; or (3) as may
otherwise be required by law (including, without limitation, the Securities Exchange Act of
1934, as amended), the Parties agree to keep the contents of this Agreement confidential. Either
Party may disclose this Agreement pursuant to a discovery request received by a Party in
connection with litigation or pursuant to litigation discovery obligations if there is a Protective

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Order that limits disclosure of the Agreement to outside counsel only and if the Agreement is
properly designated under the provisions of the applicable Protective Order.

7.2 Public Statements Regarding this Agreement. Upon execution of this

Agreement, either party may disclose that the dispute is settled without admissions, and Linex
has granted Belkin and Belkin Affiliates a non-exclusive license to the Patent in Suit and Related
Patents.

VIII. OTHER REPRESENTATIONS, ACKNOWLEDGEMENTS AND AGREEMENTS

8.1 Successors, Assigns and Beneficiaries. This Agreement shall inure to the
benefit of and shall be binding upon the Parties hereto and their successors, assigns,
representatives, and beneficiaries.

8.2 Jurisdiction and Choice of Law. This Agreement shall be interpreted, and the
rights and duties of the Parties hereto shall be detennined, in accordance with the laws of the
State of Texas, without regard to its conflicts of laws provisions. Any action brought to enforce
the provisions of this Agreement shall be commenced in the United States District Court for the
Eastern District of Texas or in the event that the United States District Court for the Eastern
District of Texas would not have subject matter jurisdiction for such an action, in a Delaware
state court.

8.3 Entire Understanding. This Agreement and any attachments hereto constitute a
single, integrated written contract expressing the entire agreement of the Parties with respect to
the subject matter hereof and shall not be modified, supplemented, or repealed except by a
writing signed by each of the Parties. No covenants, agreements, representations, or warranties
of any kind whatsoever have been made by any Party, except as specifically set forth in this
Agreement. All prior discussions, written communications, and negotiations have been merged
and integrated into and are superseded by this Agreement.

8.4 Execution of Counterparts. This Agreement may be executed in one or more

counterparts, each of which shall be deemed to be an original and all executed counterparts
together shall be deemed to be one and the same instrument. Faxed signatures shall be deemed
originals for purposes of calculating the Effective Date

8.5 Construed as Jointly Prepared. This Agreement shall be construed as if the

Parties jointly prepared it and any uncertainty or ambiguity shall not be interpreted against any
one Party because of the manner in which this Agreement was drafted or prepared.

8.6 Invalidity. If any provision of this Agreement is held invalid, illegal, or

unenforceable, the remaining provisions shall not be affected. The Parties shall consult and use
their reasonable and best efforts to agree upon a valid and enforceable provision, which shall be
a reasonable substitute for the invalid, illegal or unenforceable provision.

8.7 Notices. All notices under this Agreement shall be in writing and delivered by
facsimile transmission, overnight express mail, same or next day courier service, or by personal
delivery to such Party at the address given below, or such other address as provided by a Party
by written notice:

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 Case 5:10-cv-03972-LHK Document 580-16 Filed 12/14/12 Page 9 of 16

Linex: Linex Technologies, Inc.

Attn: Walter J. Gabrysiak, Esq.
187 Highway 36
West Long Branch, New Jersey 07764
Facsimile: (732) 222-9181

With copy to:

Edward W. Goldstein, Esq.

Goldstein, Faucett & Prebeg, LLP
1077 West Loop South, Suite 400
Houston, Texas 77027
Facsimile: (713) 877-1145

Belkin:
Belkin International, Inc.
Attn: General Counsel
501 W. Walnut St.
Compton, California 90220-5221
Facsimile: - - - - - - -

With copy to:

Ryan K. Yagura
O'Melveny & Myers LLP
400 South Hope Street
Los Angeles, CA 90071-2899
Fax: 213-430-6407

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B.8 BadWp. The headings and captions used herein shall not be used to interpret or
~·thiI~

IN WITNESS HEREOF, the Parties being fully authorized and empowered to bind
~ to this Agrm:ncm. have a\ltborUed and executed this Agreement on the date set forth
~te tbeir rapectlve slpmra.

LINBX Technologies. Inc.

DATED: December.1, 2008

DAT!D: ~ber --,2008 Br-,~~~~~~ __~________

Ro e
CbiefFipancial Officer

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EXHIBIT A

Multiple-Input Multiple-Output (MIMO) Spread Spectrum System

7,068,705 06/27/06
And Method
Multiple-Input Multiple-Output Spread Spectrum System And
6,757,322 06/30104
Method
Spread-spectrum, space diversity and coding antenna system and
6,466,610 10/15/02
method
6,128,330 Efficient shadow reduction antenna system for spread spectrum 10103/00

10

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EXHIBITB

Handoff and source congestion avoidance spread-spectrum system 03/06/2007

7,187,706
and method
7,167,503 Distributed spread-spectrum network 01123/07
6,895,037 Variable throughput reduction spread-spectrum communications 05117/05
Matched-filter obtained side information for spread-spectrum data
6,714,583 03/31104
detection
6,711,204 Channel sounding for a spread-spectrum signal 03/23/04
6,671,307 Spread spectrum high data rate system and method 12/30103
6,529,546 Acquisition of a spread-spectrum signal using counters 03/04/03
Efficient sharing of capacity by remote stations using circuit
6,512,784 01128/03
switching and packet switching
Matched-filter obtained side information for relative-signal-Ievel
6,512,786 01128/03
data detection from a spread-spectrum signal

6,493,377 Distributed network, spread-spectrum system 12110/02

Spread-spectrum data detection using matched-filter obtained side

6,366,605 04/02/02
information
Relative-signal-level data detection from a spread-spectrum signal
6,359,925 03119/02
using matched-filter obtained side information
6,353,627 High data rate spread-spectrum system and method 03/05102
Spread-spectrum handoff and source congestion avoidance system
6,314,126 11/06101
and method
Spread-spectrum communications utilizing variable throughput
6,289,039 09/11101
reduction
6,269,092 Spread-spectrum channel sounding 07/31101
6,259,725 Spread-spectrum acquisition using counters 07/10101

11

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EXHIBIT C

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF TEXAS
MARSHALL DIVISION

LINEX TECHNOLOGIES, INC.

Plaintiff, Case No: 2:07-cv-00222

vs.
BELKIN INTERNATIONAL, et al. JURY TRIAL DEMANDED
Defendants.

STIPULATION OF DISMISSAL WITH PREJUDICE

IT IS STIPULATED, by and among Plaintiff Linex Technologies, Inc. ("Linex") and

Belkin International, Inc. ("Belkin") (together, the "Parties"), through their counsel of record and

subject to the approval of the Court that:

(1) All claims presented by Linex's Complaint as to Belkin, as well as all of Belkin's

counterclaims, shall be dismissed with prejudice as to each of these Parties;

(2) This Stipulation of Dismissal With Prejudice shall not serve to operate as a

dismissal of any other party named as a defendant in this action; and

(3) The Parties shall bear their own costs and attorneys' fees.

12

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Isl Edward W. Goldstein lsi Nicholas J. Whilt

Edward W. Goldstein Nicholas J. Whilt
egoldstein@gfpiplaw.com Ryan Yagura
Corby R. Vowell Brian Berliner
cvowell@gfpiplaw.com Timothy Lee
Stephen W. Abbott O'Melveny & Myers LLP
sabbott@gfpiplaw.com 500 South Hope Street
GOLDSTEIN, FAUCETT & PREBEG, L.L.P. Los Angeles, CA 90071-2899
1077 West Loop South, Ste. 400 Tel: 213-430-7503
Houston, TX 77027 Fax: 213-430-6407
Telephone (713) 877-1515 nwhi1t@omm.com
Facsimile (713) 877-1737 ryagura@omm.com
bberliner@omm.com
T. John Ward, Jr. tllee@omm.com
Ward & Smith Law Firm
P.O. Box 1231 Trey Yarbrough
Longview, TX 75606-1231 100 E. Ferguson St. Ste 1015
Tel: 903-757-6400 Tyler, TX 75702
Fax: 903-757-2323 Tel: 903-595-3111
jw@jwfirm.com Fax: 903-595-0191
trey@yarbroughlawfinn.com

ATTORNEYS FOR PLAINTIFF ATTORNEYS FOR DEFENDANT

LINEX TECHNOLOGIES, INC. BELKIN INTERNATIONAL, INC.

13

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CERTIFICATE OF SERVICE

I hereby certify that the following counsel of record who are deemed to have consented to
electronic service are being served on December 3, 2008, with a copy of this document via the
Court's CMlECF system per Local Rule CV -5(a)(3). Any other counsel of record will be served
by electronic mail, facsimile transmission and/or first class mail on this same date.

lsi Edward W. Goldstein

14

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IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF TEXAS
MARSHALL DIVISION

LINEX TECHNOLOGIES, INC.

Plaintiff, Case No: 2:07-cv-00222

vs.
JURY TRIAL DEMANDED
BELKIN INTERNATIONAL, INC., et al

Defendants.

ORDER

Before the Court is Plaintiff Linex Technologies, Inc.'s ("Linex") and Belkin

International, Inc.'s ("Belkin") Stipulation of Dismissal With Prejudice, which is hereby

GRANTED.

Accordingly, the claims presented by Linex's Complaint as to Belkin, as well as all of

Belkin's counterclaims (if any), are hereby dismissed with prejudice as to each of these Parties

only.

IT IS FURTHER ORDERED that each party shall bear its own costs.

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HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY BLKN 0018532