Free Motion for Judgment - District Court of Colorado - Colorado

Case 1:04-cv-01769-MSK-CBS

Document 244-2

Filed 03/30/2007

Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Case No. 04 - CV - 1769 - MSK - CBS A MAJOR DIFFERENCE, INC., a Colorado corporation, Plaintiff, vs. ERCHONIA MEDICAL, INC., an Arizona corporation, ERCHONIA MEDICAL LASERS, L.L.C., an Arizona limited liability company, and ERCHONIA PATENT HOLDINGS, L.L.C., an Arizona limited liability company, Defendants. ________________________________________________________________________ ERCHONIA PATENT HOLDINGS, LLC, an Arizona limited liability company; ERCHONIA MEDICAL INC., an Arizona corporation, Counterclaimants and Third-Party Plaintiffs, vs. A MAJOR DIFFERENCE, INC., a Colorado corporation, ROBERT E. MORONEY, an individual, ROBERT E. MORONEY, L.L.C., a Colorado limited liability company, MIKI SMITH, an individual, KMS MARKETING, INC., a Colorado corporation, and STARGATE INTERNATIONAL, INC., a Colorado corporation, Counterdefendant and Third-Party Defendants. ______________________________________________________________________________ JUDGMENT AND PERMANENT INJUNCTION ON CONSENT ______________________________________________________________________________ THIS MATTER having come before the Court upon the parties' Stipulated Motion for Entry of Judgment and Permanent Injunction on Consent, and the Court, being fully advised in the premises and having found good cause therefor,

Case 1:04-cv-01769-MSK-CBS

Document 244-2

Filed 03/30/2007

Page 2 of 3

HEREBY ORDERS pursuant to Fed. R. Civ. P. 65(d), Plaintiff A Major Difference, Inc. and Third-Party Defendants Robert E. Moroney, Robert E. Moroney, L.L.C., and Stargate International, Inc. (collectively "AMD") are permanently enjoined from: 1. Directly or indirectly infringing United States Patent No. 6,013,096 or United States

Patent No. 6,476,473, directly or indirectly contributing to the infringement of United States Patent No. 6,013,096 or United States Patent No. 6,476,473, and/or actively inducing the infringement of United States Patent No. 6,013,096 or United States Patent No. 6,476,473;. 2. Manufacturing, using, offering to sell, or selling in the United States, importing into

the United States, or manufacturing, using, offering to sell, or selling in any foreign country in which a patent that claims priority to United States Patent No. 6,476,473 has been issued to Erchonia Medical, Inc. or Erchonia Patent Holdings, L.L.C. , any low level laser devices which include or contain two or more lasers or laser diodes. For purposes of this paragraph "low level laser" will mean a laser whose output is less than 1 watt.; and 3. Manufacturing, using, offering to sell, or selling in the United States, importing into

the United States, or manufacturing, using, offering to sell, or selling in any foreign country in which a patent that claims priority to United States Patent No. 6,013,096 has been issued to Erchonia Medical, Inc. or Erchonia Patent Holdings, L.L.C., any single laser (or laser diode) low level laser device which incorporates an optical arrangement to generate a substantially planar beam of light. For purposes of this paragraph any optical elements which create a beam which when shown on a surface appears with a length to width ratio greater than 5 to 1 shall be presumed to generate a substantially planar beam of light.. -2-

Case 1:04-cv-01769-MSK-CBS

Document 244-2

Filed 03/30/2007

Page 3 of 3

Notwithstanding anything to the contrary contained herein, AMD may retain certain parts related to its laser products and may perform certain warranty repairs to its products in accordance with the terms of the Settlement Agreement entered into between the parties. This Judgment and Permanent Injunction on Consent shall be binding upon AMD, their officers, agents, servants, employees, representatives and attorneys, and upon those persons in active concert or participation with AMD who receive actual notice of this Order by personal service or otherwise. IT IS FURTHER ORDERED that AMD's claims against Defendants Erchonia Medical, Inc., Erchonia Medical Lasers, Inc., and Erchonia Patent Holdings, L.L.C. raised in this Action are dismissed with prejudice. All parties shall bear their own costs and attorney fees incurred in this Action. DATED this _____ day of _____________________, 2007.

BY THE COURT:

__________________________ Marcia S. Krieger United States District Judge

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