Free Motion to Stay - District Court of Federal Claims - federal

Case 1:04-cv-01661-EJD

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Filed 12/14/2005

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS KOLLMORGEN CORPORATION, Plaintiff, v. THE UNITED STATES, Defendant, and GR DYNAMICS, LLC, Intervenor-Defendant. ) ) ) ) ) ) ) ) ) ) ) ) )

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

JOINT MOTION FOR A STAY OF PROCEEDINGS Plaintiff Kollmorgen Corporation ("Kollmorgen"), defendant the United States (the "Government"), and intervenor-defendant GR Dynamics, LLC ("GRD") hereby jointly move for a stay of proceedings while Kollmorgen and GRD engage in settlement discussions. As explained below, the parties believe that these discussions may ultimately lead to a complete resolution of this case. Accordingly, the parties request a 61-day stay of all proceedings from today, December 14, 2005, to, and including, Monday, February 13, 2006. Statement in Support of Motion Last week, a meeting to discuss settlement of this litigation occurred between representatives of plaintiff Kollmorgen and third-party RAFAEL Armament Development Authority, Ltd. ("RAFAEL"). RAFAEL is one of two joint owners of intervenor-defendant GRD, and the developer of GRD's Mini-Typhoon product that the Government is using and that forms the basis of Kollmorgen's claims of patent infringement in this case. Both Kollmorgen and GRD believe that these discussions were productive and may lead to a resolution of all issues in this case as well as any future disputes between the parties, in the United States or

Case 1:04-cv-01661-EJD

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abroad, involving the patented technology. To foster these settlement discussions, Kollmorgen has represented and agreed that during the period of the requested stay, it will take no legal action against GRD and its third-party owner RAFAEL, and will take no legal action with respect to the subject matter of this lawsuit or U.S. Patent No. 5,949,015 against GRD's other third-party owner, General Dynamics Armament and Technical Products, Inc., world-wide. Based on these representations, all parties, including the Government, have agreed that the requested stay of all proceedings is appropriate in order to avoid the expense and time required to conduct discovery and claim construction under the Court's schedule. The parties believe that the requested stay will provide sufficient time for the parties to negotiate a settlement in this case and obtain the approval of the principals involved.

Conclusion For the reasons stated above, the parties respectfully request that this joint motion for a stay of proceedings be granted.

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Respectfully submitted, PETER D. KEISLER Assistant Attorney General JOHN FARGO Director December 14, 2005 _s/Walter W. Brown WALTER W. BROWN Attorney Commercial Litigation Branch Civil Division Department of Justice Washington, D.C. 20530 Telephone: (202) 307-0341 Facsimile: (202) 307-0345 Attorneys for the United States

December 14, 2005

s/Andrew M. Riddles by Walter W. Brown 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 Kollmorgen Corporation

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December 14, 2005

s/James E. Hopenfeld by Walter W. Brown 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 MATTHEW A. TRAUPMAN ROPES & GRAY LLP 1251 Avenue of the Americas New York, New York 10020 Telephone: (212) 596-9000 Facsimile: (212) 596-9090 Attorneys for Intervenor-Defendant GR Dynamics, LLC

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