Free Stipulation of Dismissal - District Court of Federal Claims - federal

Case 1:04-cv-01661-EJD

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS ) ) ) ) ) ) ) ) ) ) ) )

KOLLMORGEN CORPORATION, Plaintiff, v. THE UNITED STATES OF AMERICA, Defendant, and GR DYNAMICS, LLC, Intervenor-Defendant.

No. 04-1661C Chief Judge Edward J. Damich

STIPULATED ORDER OF DISMISSAL Pursuant to Rule 41(a)(1)(ii) and (c) of the Rules of the United States Court of Federal Claims, the parties Kollmorgen Corporation ("Kollmorgen"), the United States of America ("United States"), and GR Dynamics, LLC ("GRD"), by and through their respective counsel of record, do hereby stipulate and agree, subject to the approval of the Court, as follows: 1. Kollmorgen brought this action to recover reasonable and entire

compensation for the alleged unauthorized use and manufacture by or for the United States of subject matter claimed by United States Patent No. 5,949,015 (the "`015 patent") through the performance of Contract No. N00164-04-D-4802, (the "Contract") entered into between the United States and GRD. 2. In order to settle and dispose of this litigation, Kollmorgen, GRD, and third-

party RAFAEL Armament Development Authority, Ltd. ("RAFAEL"), a joint owner of GRD that developed the Mini-Typhoon system GRD is selling to the Government

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pursuant to the Contract, have entered into a Settlement Agreement that resolves the pending action. 3. In view of the aforementioned Settlement Agreement, the Government represents that it does not object to the dismissal of this action. The Government has not asserted any counterclaims or made any other affirmative claims relating to this action. GRD also has not asserted any counterclaims in this action. 4. 5. Accordingly, all claims in this action are dismissed with prejudice. Each party shall bear its own attorney's fees and costs.

SO ORDERED: __________________________ Edward J. Damich, Chief Judge

Dated: _____________, 2006 SO STIPULATED: June 1, 2006

s/Andrew M. Riddles by s/Matthew A. Traupman JOSEPH A. DEGIROLAMO ANDREW M. RIDDLES ANDREA L. WAYDA MORGAN & FINNEGAN, LLP 3 World Financial Center New York, New York 10281-2101 Telephone: (212) 415-8700 Facsimile: (212) 415-8701 Attorneys for Plaintiff Kollmorgen Corporation PETER D. KEISLER Assistant Attorney General JOHN FARGO Director

June 1, 2006

s/Walter W. Brown by s/Matthew A. Traupman WALTER W. BROWN Attorney Commercial Litigation Branch Civil Division 2

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Department of Justice Washington, D.C. 20530 Telephone: (202) 307-0341 Facsimile: (202) 307-0345 Attorneys for Defendant United States of America June 1, 2006 s/James E. Hopenfeld by s/Matthew A. Traupman JAMES E. HOPENFELD ROPES & GRAY LLP One Metro Center 7001 12th Street, N.W., Suite 900 Washington, D.C. 20005-3948 Telephone: (202) 508-4600 Facsimile: (202) 508-4650 LAURENCE S. ROGERS STEVEN PEPE ROPES & GRAY LLP 1251 Avenue of the Americas New York, New York 10020 Telephone: (212) 596-9000 Facsimile: (212) -9090 Attorneys for Intervenor-Defendant GR Dynamics, LLC

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