Free Letter - District Court of Delaware - Delaware

Case 1:04-cv-01373-KAJ

Document 488-2

Filed 11/03/2006

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE ) ) ) ) ) ) ) ) ) ) ) ) )

AMPEX CORPORATION, Plaintiff, v. EASTMAN KODAK COMPANY, ALTEK CORPORATION, and CHINON INDUSTRIES, INC., Defendants.

C.A. No. 04-1373 (KAJ)

STIPULATED ORDER FOR ENTRY OF FINAL JUDGMENT WHEREAS, on October 31, 2006, this Court entered an Order that granted Defendants' motion for summary judgment of noninfringement of U.S. Patent No. 4,821,121 ("the `121 patent"); WHEREAS, the October 31, 2006 Order resolves Plaintiffs' claims of infringement against Defendants and Defendants' counterclaims for a declaration of noninfringement of the `121 patent; THEREFORE, THE COURT: 1. ADJUDGES AND DECLARES claims 7, 8, and 10-15 of the `121 patent are not infringed; 2. DISMISSES with prejudice Plaintiffs' infringement claims against Defendants; 3. DISMISSES without prejudice Defendants' counterclaims for declaratory judgment of invalidity and unenforceability as to all claims of the `121 patent.

Case 1:04-cv-01373-KAJ

Document 488-2

Filed 11/03/2006

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 appeal taken from this judgment, whichever is later, commence an action renewing its counterclaims in this action for declaratory judgment of invalidity and unenforceability as to all claims of the `121 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 alia, to 35 U.S.C. § 285 and/or Rule 54(d) and Rule 41(d), Fed. R. Civ. P.

Dated: ___________________ MORRIS, NICHOLS, ARSHT & TUNNELL LLP CONNOLLY BOVE LODGE & HUTZ LLP

By_________________________ Jack B. Blumenfeld (#1014) 1201 N. Market Street P.O. Box 1347 Wilmington, DE 19899 (302) 658-9200 [email protected] Attorneys for Plaintiff

By_________________________ Collins J. Seitz Jr. (#2237) 1007 North Orange Street P.O. Box 2207 Wilmington, DE 19899 (302) 888-6278 [email protected] Attorneys for Defendants

IT IS SO ORDERED. Dated: November ___, 2006 United States District Judge

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