Free Status Report - District Court of Colorado - Colorado

Case 1:01-cv-01882-PSF-CBS

Document 127

Filed 07/11/2005

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO 01-cv-1882-CBS-BNB OUTLAST TECHNOLOGIES, INC., Plaintiff, v. FRISBY TECHNOLOGIES, INC., Defendant. JOINT STATUS REPORT Counsel for Defendant Frisby Technologies, Inc. petitioned the bankruptcy court to modify the bankruptcy stay solely for further proceedings on the summary judgment motions in light of the Federal Circuit's remand. The bankruptcy court has not yet ruled upon the motion. The parties will notify this Court as soon as the bankruptcy court issues a ruling. Also, the parties are in the midst of settlement discussions and there is a possibility that the parties will reach agreement before the bankruptcy court rules on Frisby's petition to modify the stay. The parties agree that if the bankruptcy court grants the requested modification of the automatic stay, this Court will possess jurisdiction to schedule additional summary judgment briefing and to consider and rule upon the parties' cross motions for summary judgment. The jurisdiction of the Court will not extend to a trial on infringement or to Frisby's counterclaims.

Case 1:01-cv-01882-PSF-CBS

Document 127

Filed 07/11/2005

Page 2 of 2

The parties are also in agreement that the Magistrate Judge should retain jurisdiction in this case. The parties consent to the Magistrate Judge ruling upon summary judgment motions should the bankruptcy court modify its stay. Dated: July 11, 2005 s/Orion Armon Orion Armon COOLEY GODWARD LLP 380 Interlocken Crescent, Suite 900 Broomfield, Colorado 80021 Telephone: (720) 566-4000 FAX: (720) 566-5099 E-mail: [email protected] Attorneys for Outlast Technologies, Incorporated s/William J. Hone William J. Hone FISH & RICHARDSON P.C. Citigroup Center 153 East 53rd Street, 52nd Floor New York, New York 10022-4611 Telephone: (212) 765-5070 FAX: (212) 258-2291 E-mail: [email protected] Attorneys for Defendant Frisby Technologies, Incorporated

236883 v1/CO

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