AquaWood LLC v. Worldslide LLC et al

Filing 106

JOINT FINAL JUDGMENT by Judge John F. Walter. IT IS ORDERED AND ADJUDGED that (1) This Court has subject matter jurisdiction over this action and has personal jurisdiction over the parties. (2) The '302 patent is invalid for indefiniteness under 35 U.SC section 112. (3) The '302 patent has a prior art "critical date" of 3/27/2000. (4) The '302 patent is invalid for anticipation under 35 USC 102(b). (5) The 302 patent is invalid for obviousness under 35 USC 103(a). (6) Pl aintiff has not engaged in any acts of potential direct infringement of the '302 patent under 35 USC 271(a). (7) Plaintiff has not engaged in any acts of potential indirect infringement of the '302 patent under 35 USC 271(b)-(c). (8) The ac cused infringing products do not infringe the '302 patent because they are water slides, they have been consistently called water slides, and they are intended for use only as water slides. (9) Plaintiff is entitled to costs as the prevailing party. (10) This Court retains jurisdiction over this action for purposes of any further post-judgment proceedings, including but not limited to any motion for attorneys' fees under 35 USC 285. (MD JS-6, Case Terminated). (jp)

Stephen M. Lobbin (SBN 181195)
[e-mail]
THE ECLIPSE GROUP LLP
1920 Main Street, Suite 150
Irvine, California 92614
Tel: [phone]
Fax: [phone]
Jeffrey B. Valle (SBN 110060)
[e-mail]
David S. Shukan (SBN 143683)
[e-mail]
VALLE MAKOFF LLP
11911 San Vicente Boulevard, Suite 324
Los Angeles, California 90049
Tel: [phone]
Fax: [phone]

JS-6

Attorneys for Plaintiff AquaWood, LLC, using trade name ToyQuest
William S. Bernheim (SBN 56555)
[e-mail]
BERNHEIM, GUTIERREZ & McCREADY
255 North Lincoln Street
Dixon, California 95620
Tel: [phone]
Fax: [phone]
Attorneys for Defendants Worldslide, LLC and Forrest B. Phillips
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
WESTERN DIVISION

AquaWood, LLC, using trade
name ToyQuest,

Case No. CV11-5611 JFW (Ex)

Plaintiff,

Honorable John F. Walter

v.
Worldslide, LLC and Forrest B.
Phillips,

JOINT FINAL JUDGMENT

Defendants.

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Plaintiff’s Motion for Summary Judgment of Invalidity and NonInfringement of Defendants’ U.S. Patent No. 7,309,302 (“the ‘302 patent”), Docket
No. 75, came before the Honorable John F. Walter, District Judge Presiding. The
evidence presented having been fully considered and a decision having been fully
rendered on October 31, 2012, in the Court’s Order, Docket No. 104, the Court
enters final judgment as follows.
IT IS ORDERED AND ADJUDGED that:
1.

This Court has subject matter jurisdiction over this action and has
personal jurisdiction over the parties.

2.

The ‘302 patent is invalid for indefiniteness under 35 U.S.C. § 112.

3.

The ‘302 patent has a prior art “critical date” of March 27, 2000.

4.

The ‘302 patent is invalid for anticipation under 35 U.S.C. § 102(b).

5.

The ‘302 patent is invalid for obviousness under 35 U.S.C. § 103(a).

6.

Plaintiff has not engaged in any acts of potential direct infringement of
the ‘302 patent under 35 U.S.C. § 271(a).

7.

Plaintiff has not engaged in any acts of potential indirect infringement
of the ‘302 patent under 35 U.S.C. § 271(b)-(c).

8.

The accused infringing products do not infringe the ‘302 patent because
they are water slides, they have been consistently called water slides,
and they are intended for use only as water slides.

9.

Plaintiff is entitled to costs as the prevailing party.

10.

This Court retains jurisdiction over this action for purposes of any
further post-judgment proceedings, including but not limited to any
motion for attorneys’ fees under 35 U.S.C. § 285.

Dated: November 8, 2012
JOHN F. WALTER
UNITED STATES DISTRICT JUDGE

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