Free Order on Motion for Judgment - District Court of Colorado - Colorado

Case 1:04-cv-01064-REB-CBS

Document 88

Filed 07/28/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Robert E. Blackburn Civil Case No. 04-RB-1064 (CBS) WCM INDUSTRIES, INC., Plaintiff, v. PRIER PRODUCTS, INC., Defendants.

ORDER FOR ENTRY OF JUDGMENT Blackburn, J. This matter is before me on 1) the parties' Joint Motion Requesting Final Judgment [#86], filed June 3, 2005; and 2) the parties' filing which reflects the terms of the settlement they have reached in this case, captioned Settlement, [# 87], filed June 6, 2005. The parties ask that I enter judgment in this case consistent with my order [#55], filed January 11, 2005, granting summary judgment in favor of the defendant on certain of the plaintiff' claims. In addition, the parties ask that I enter s judgment on one of the plaintiff' patent infringement claims that was not resolved in s my January 11, 2005, order. I find that the parties' settlement agreement should be approved, and that entry of judgment on the terms proposed by the parties is appropriate. The parties have not outlined any agreement concerning the payment

Case 1:04-cv-01064-REB-CBS

Document 88

Filed 07/28/2005

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of costs incurred in this action. Under FED . R. CIV. P. 54(d), I conclude that the parties each should bear their own costs. THEREFORE, IT IS ORDERED as follows: 1) That the parties' Joint Motion Requesting Final Judgment [#86], filed June 3, 2005, is GRANTED; 2) That the parties' settlement agreement is APPROVED; 3) That the terms and provisions of the settlement agreement are ordered IMPLEMENTED effective forthwith, with each party to perform all relevant terms of the agreement; 4) That JUDGMENT SHALL ENTER in favor of the defendant and against the plaintiff on plaintiff WCM Industries, Inc.' claim that Version One of Prier' backflow s, s preventor check valve, the version with a squared off end, infringes U.S. Patent No. 6,632,303, as stated in WCM' Second Cause of Action for Patent Infringement; s 5) That JUDGMENT SHALL ENTER in favor of the defendant and against the plaintiff on plaintiff WCM Industries, Inc.' claim that Version Two of Prier' backflow s, s preventor check valve, the version with a radiused end, infringes U.S. Patent No. 6,632,303, as stated in WCM' Second Cause of Action for Patent Infringement; s 6) That JUDGMENT SHALL ENTER in favor of the defendant and against the plaintiff on plaintiff WCM Industries, Inc.' claim that the Prier Model 108/208 devices s, manufactured as Version Two devices, which have a check valve only in the cold water inlet pipe, infringe U.S. Patent No. 6,206,039, as stated in WCM' First Cause of s Action for Patent Infringement; 2

Case 1:04-cv-01064-REB-CBS

Document 88

Filed 07/28/2005

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7) That, based on the parties' stipulation and agreement, JUDGMENT SHALL ENTER in favor of the plaintiff and against the defendant on plaintiff WCM Industries, Inc.' claim that Prier Products' s, Version I of its hot/cold freezeless wall hydrant C108/208 infringes U.S. Patent No. 6,206,039, as stated in WCM' First Cause of s Action for Patent Infringement; 8) That the court' judgment SHALL STATE that defendant Prier Products' s liability for the judgment of patent infringement stated in paragraph 7) (seven), above, has been FULLY SATISFIED by Prier Products' payment of 2,500.00 dollars to WCM Industries, Inc.; and 9) That each party shall bear its own costs incurred in this action. Dated July 28, 2005, at Denver, Colorado. BY THE COURT:

s/ Robert E. Blackburn Robert E. Blackburn United States District Judge

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