Free Stipulation - District Court of Connecticut - Connecticut

Case 3:00-cv-00327-JCH Document 1 19 Filed 07/08/2004 Page 1 of 3
UNITED STATES DISTRICT COURT F I gnu
FOR THE DISTRICT OF CONNECTICUT "
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HENRY A KORSZUN; WOJ TEK W. Civil Action No. U Q m,,.].RI P F ;____ I
BOROWSKI and COMPUCLOZ 2 3:0OCV327 (J CH) {ams'--; I
CORPORATION U A r ` ’'`' "
Plaintiffs, i
vs. I
PUBLIC TECHNOLOGIES I STIPULATION , ORDER, AND I
MULTIMEDIA, INC.; J.C. PENNEY : PROPOSED FINAL JUDGMENT
COMPANY, INC.; MATTEL, INC.
and/or BRODERBUND SOFTWARE, :
INC.; and LAN`DS’ END, INC. {
: i
Defendants. K
WHEREAS this Action has been remanded to the District Court by Order of the United I
States Court of Appeals for the Federal Circuit dated March 26, 2004; and
WHEREAS the parties have agreed to seek the entry of a Final Judgment allowing the
parties to appeal certain issues that are ripe for appellate review;
WHEREAS the Plaintiffs will therefore not oppose the filing by Defendants of First
Amended Answers and Counterclaims in the Action to narrow the presentation of their
counterclaims for appeal; and
WHEREAS the Defendants’ will not oppose the tiling by Plaintiffs of Replies to
Defendants First Amended Counterclaims; and
WHEREAS the parties are submitting said filings herewith; and
WHEREAS the parties have agreed to the dismissal and entry of judgment as to the
claims and the counterclaims in this Action, for the purpose of establishing a Final Judgment for
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j CF Qase 3:00-cv-00327-JCH Document 119 Filed 07/08/2004 Page 2 of 3
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the purposes of appeal consistent with the March 26, 2004 Order and the Federal Circuit’s
decision in Nystrom v. TREX C0., Inc., 339 F.3d 1347 (Fed. Cir. 2003); j
IT IS HEREBY ORDERED that:
l. The Defendants’ First Amended Answers and Counterclaims, and Plaintiffs’
Replies to Defendants Amended Answers and Counterclaims, shall be deemed filed as ofthe j
date hereof.
2. Based on this Court’s Decision of June 10, 2003, summary judgment of non- i
infringement was granted, and judgment shall be entered dismissing Plaintiffs’ Complaint with
prejudice and granting judgment in favor of Defendants on Count I of Defendants’ First
Amended Counterclaims.
3. Defendants have stipulated that this Court’s Markman Ruling of August 30, 2002, R
and its Ruling on Defendants’ Motion for Summary Judgment of Invalidity of the same date
removed any genuine issue for trial relating to Count III of Defendants’ First Amended K
Counterclaims, and, Defendants having consented, judgment shall be entered dismissing Count
III of Defendants’ First Amended Counterclaims with prejudice for the purposes of appealing l
therefrom. i
4. All other Amended Counterclaims shall be dismissed without prejudice.
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· G”ase 3:00-cv-00327-JCH Document 119 Filed 07/08/2004 Page 3 of 3 I
Respectfully submitted, I
._ I
·. 'g at-— I
ate S . McNamara, ct01220
S 5 GE STEWARD JOHNSTON & REENS LLC
986 Bedford Street
Stamford, Connecticut 06905-5619
Phone: (203) 324-6155
ATTORNEYS FOR PLAINTIFFS I
J J {Me 2@1¤;4J_ »
D James Hough I
Matthew M. D’Amore (ct18982)
Morrison & Foerster LLP
1290 Avenue ofthe Americas
New York, New York 10104-0012 I
Phone: (212) 468-8000
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William H. Bright, Esq.
McCarter & English, LLP
CityPlace 1, 185 Asylum Street I
Hartford, CT 06103 I
Phone: (860) 275-6767
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ATTORNEYS FOR DEFENDANTS
so omnsruso;
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Date _ United States District Judge
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