Re Woodman lab - Pending #737 issue resolved (Markman hearing ) !
in response to
by
Message: Give me a break!
The Parties agree that GoPro has not infringed and does not infringe
directly and/or indirectly, independent claims 33 and 34, and dependent claims 2,
3, 6, 10, 15 through 18, 23 through 26, and 28 through 31of the
‘774 patent, andany other claims depending therefrom. The parties therefore agree that the Courtmay enter a non-final partial judgment finding that GoPro has not and does not infringe directly and/or indirectly, independent claims 33 and 34, and dependent
claims 2, 3, 6, 10, 15 through 18, 23 through 26, and 28 through 31
of the ‘774 patent, and any other claims depending therefrom.
5.
It is provided, however, that if the Court’s findings as set forth in
Collateral Estoppel Order are reversed, changed, or modified on appeal such that
the matter is remanded for further consideration in any respect, the Parties reserve
all of their claims, arguments and defenses.
6. GoPro hereby dismisses without prejudice its counterclaims of patent
invalidity and noninfringement, as well as all other counterclaims and defenses,
with respect to the ’774 patent,
except as those claims relate to a claim for
attorneys’ fees and/or costs,
and further reserves the right to re-assert all such
counterclaims and defenses should e.Digital or any successor in interest accuse
GoPro
of infringement of the ’774 patent at any later point in time.
7. Accordingly, the Court enters this non-final Stipulated Partial
Judgment of Non-Infringement in favor of GoPro
on e.Digital’s claim forinfringement of claims
33 and 34 of the ’774 patent and any claims depending
therefrom. (Dkt# 1).
8. This non-final Stipulated Partial Judgment of Non-Infringement is
without prejudice to the Parties’ rights to appeal the Court’s Collateral Estoppel
Order and/or any prior or future orders issued by the Court and is without prejudice of any claim for attorneys’ fees and/or costs under any basis, including without limitation Rule 11, Rule 54(d) and § 285.
9. All issues relating to fees and costs are reserved pending the outcome
of the Parties’ dispute concerning U.S. Patent No. 5,742,737, and the deadlines for
filing any and all motions seeking fees and/or costs shall be set by the Court after
the parties’ dispute as to the ʼ737patent is resolved
9 Recommendations
Loading...
Loading...
New Message
Please
login
to post a reply