Free Proposed Order - District Court of Delaware - Delaware

Case 1 :04-ov-01373-KAJ Document 495 Filed 11/20/2006 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
)
AMEEX CORPORATION, )
Plczintwj j
v. j C.A. No. 04-1373 (KAJ)
EASTMAN KODAK COMPANY, j
ALTEK CORPO%'1`1ON, and )
CHINON INDUSTRIES, INC., )
Dqfenc/ants. j
D
STIPULATE1) ORDER FOR ENTRY OF FINAL JUDGMENT
WHEREAS, on October 31, 2006, this Court entered an Order that granted
Defendants’ motion for summary judgment of noninfringernent of U.S. Patent
No. 4,821,121 (“the ‘121 patent");
WHEREAS, the October 31, 2006 Order resolves Plaintiffs’ claims of
infringement against Delendarats and Defendants’ counterclaims for a declaration of
noninfringement of the ‘ E2] patent;
THEREFORE, THE COURT:
1. ADJUDGES AND DECLARES ciaims 7, 8, and 10-15 ofthe ‘121 patent
are not infringed;
2. DISMISSES with prejudice Plaintiffs’ infringement claims against
Defendants;
3. DISMESSES without prejudice Det`endants’ counterclaims for deciaratory
judgment of invalidity and unenforceability as to all claims of the ‘121
patent.

Case 1:04-cv—01373-KAJ Document 495 Filed 11/20/2006 Page 2 of 2
4. ORDERS that defendants may, no later than 60 days after entry of this
judgment, or 60 days after either entry of a mandate from the Court of
Appeals with respect to any appeal taken from this judgment, or other
termination of any appeat taken from this judgment, whichever is iater,
commence an action renewing its countereiaims in this action for
declaratory judgment of invalidity and unenforceability as to all claims of
the ‘i2l patent, which action shall for all purposes be treated as a
continuation of this action, including the right to seek costs and attorneys’
fees, pursuant, inter er/ia, to 35 U.S.C. § 285 and/or Rule 54(d) and Rule
4l(d), Fed. R. Civ. F.
Dated: November 20, 2006
lVlORRIS,NICHOI-S, ARsi·1r& T UNNE1-1- rt-P Connor-rv Bova Loooi-1 & Hurz LI-P
By /s/ Julia Heaney By /5/ C0//ins 1 Seitz, Jr.
Jack B. Blumenfeld (#l0i4) Collins J. Seitz jr. (#2237)
Julia Heaney (#3052) E007 North Orange Street
E20] N. Market Street RO. Box 2207
PO. Box 1347 Wiirnington, DE CE9899
Wilmington, DE 19899 (302) 888-6278
(302) 658-9200 [email protected]
[email protected]
Attorneys for Defendants
Attorrzeysfor Pfaintf
IT iS SO ORDERED.
Dated: November __m_, 2006
United States District Judge
-2-