Restoration Industry Association Inc. v. ThermaPure, Inc.

Filing 126

ORDER DISMISSING CASE by Judge James V. Selna re Stipulation to Dismiss Case 125 . Case Terminated. Made JS-6. (nbo)

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KNEAFSEY & FRIEND LLP
Sean M. Kneafsey (SBN 180863)
[e-mail]
800 Wilshire Blvd., Suite 710
Los Angeles, CA 90017
Tel: [phone]
Fax: [phone]
Attorney for Thermapure, Inc.

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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SOUTHERN DIVISION

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RESOTRATION INDUSTRY
ASSOCIATION, INC.,
Plaintiff,

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v.
THERMAPURE, INC,

Case No. 2:13-cv-03169-JVS-RZ
Consolidated with
2:13−cv−04052−JVS−RZ and 2:13cv-08523-JVS-RZ
ORDER OF DISMISSAL

Defendant.

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JS-6

AND RELATED ACTIONS

Date: July 28, 2014
Time; 1:30 p.m.
Courtroom No.: 10C

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WHEREAS, the Restoration Industry Association, Inc., (“RIA”) filed the

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action of Restoration Industry Association, Inc. v. Thermapure Inc., Case No. 2:13-

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cv-01369 JVS (RZx) asserting in its Third Amended Complaint a cause of action

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seeking a Declaratory Judgment of Invalidity of U.S. Patent No. 6,327,812 (the

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“‘812 Patent”) contending that the ‘812 Patent is invalid and unenforceable.

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WHEREAS, Thermapure filed the action of Thermapure v. Water Out

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Oregon, Case No: 11-cv-05958-BHS (W.D. Wash.), now consolidated as Case No.

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-1ORDER OF DISMISSAL

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2:13-cv-04052 (“Water Out Action”) against Water Out Oregon and Water Out of

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Oregon, Inc. (collectively “Water Out Oregon”) for infringement of the ‘812 Patent;

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WHEREAS, Water Out Oregon filed a counterclaims in the Water Out Action

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for a Declaratory Judgment of Non-Infringement and Invalidity of the ‘812 Patent;

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WHEREAS, Thermapure filed the action of Thermapure v. Just Right, Case

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No: 11-cv-00431-RHW (E.D. Wash.), now consolidated as Case No. 2:13-cv-

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08523-JVS-RZ (“Just Right Action”) for infringement of the ‘812 Patent (“Just

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Right Action”);

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WHEREAS, Just Right Cleaning and Construction, Inc. (“Just Right”) filed

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counterclaims in the Just Right Action for a Declaratory Judgment of Non-

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Infringement and Invalidity of the ‘812 Patent.

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WHEREAS, the RIA, Thermapure, Water Out Oregon, and Just Right

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(collectively the “Parties”) have entered into a Settlement Agreement

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(“Agreement”) dated June 25, 2014;

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WHEREAS, the Restoration Industry Association has stipulated and agreed
that the U.S. Patent No. 6,327,812 is valid.
WHEREAS, the Restoration Industry Association has stipulated and agreed to

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a dismissal of its Third Amended Complaint for Declaratory Judgment of Invalidity

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of U.S. Patent No. 6,327,812 with prejudice.

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WHEREAS, Thermapure has covenanted and stipulated not to sue any RIA

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Member in good standing for infringement of the ‘812 patent where that member

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does not heat ambient air inside a structure to a temperature in excess of 105

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degrees.

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WHEREAS, Thermapure’s stipulation does not constitute an admission the
‘812 patent contains a temperature limitation.
WHEREAS, Thermapure, on behalf of itself, TPE Associates LLC, and ETherm, Inc., represents and warrants that it has the full authority to grant this

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-2ORDER OF DISMISSAL

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covenant and that as of the date of this stipulation has not assigned the right to sue

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for infringement of the ‘812 Patent.

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WHEREAS, Water Out Oregon and Water Out of Oregon, Inc., have

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represented and warranted that they have never heated ambient air inside a structure

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to in excess of 105 degrees.

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WHEREAS, although Thermapure contends that this is not a claim limitation,

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subject to that representation being accurate, Thermapure agrees to a dismissal of its

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Complaint against Water Out Oregon for Infringement of U.S. Patent No. 6,327,812

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with prejudice.

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WHEREAS, Water Out Oregon and Water Out Oregon, Inc. have stipulated

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and agreed that the U.S. Patent No. 6,327,812 is valid and have stipulated and

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agreed to a dismissal of counterclaims for Declaratory Judgment of Non-

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Infringement and Invalidity of U.S. Patent No. 6,327,812 with prejudice.

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WHEREAS, Just Right Cleaning and Construction, Inc. has represented and

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warranted that it has never heated ambient air inside a structure to in excess of 105

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degrees.

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WHEREAS, although Thermapure contends that this is not a claim limitation,

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subject to the foregoing representation being accurate, Thermapure agrees to

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dismissal of its Complaint against Just Right for Infringement of U.S. Patent No.

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6,327,812 with prejudice.

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WHEREAS, Just Right Cleaning and Construction, Inc. has stipulated and

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agreed that the U.S. Patent No. 6,327,812 is valid and has stipulated and agreed to a

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dismissal of counterclaims for Declaratory Judgment of Non-Infringement and

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Invalidity of U.S. Patent No. 6,327,812 with prejudice.

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WHEREAS, The Parties have stipulated that the Court retain jurisdiction to
enforce the terms of the Agreement.

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-3ORDER OF DISMISSAL

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IT IS HEREBY ORDERED AS FOLLOWS:

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1.

The Restoration Industry Association’s Third Amended Complaint for

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Declaratory Judgment of Invalidity of U.S. Patent No. 6,327,812 is dismissed with

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prejudice.

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2.

Subject to the accuracy of representation and warranty of Water Out

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Oregon and Water Out Oregon, Inc., that they have never heated ambient air inside

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a structure to in excess of 105 degrees, Thermapure’s Complaint against Water Out

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Oregon for Infringement of U.S. Patent No. 6,327,812 is dismissed with prejudice.

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3.

Water Out Oregon’s and Water Out of Oregon, Inc.’s counterclaims for

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Declaratory Judgment of Non-Infringement and Invalidity of U.S. Patent No.

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6,327,812 are dismissed with prejudice.

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4.

Subject to the accuracy of representation and warranty of Just Right

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Cleaning and Construction Inc. that it has never heated ambient air inside a structure

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to in excess of 105 degrees, Thermapure’s Complaint against Just Right for

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Infringement of U.S. Patent No. 6,327,812 is dismissed with prejudice.

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5.

Just Right Cleaning and Construction, Inc.’s counterclaims for

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Declaratory Judgment of Non-Infringement and Invalidity of U.S. Patent No.

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6,327,812 are dismissed with prejudice.

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6.

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the Agreement.

The Court retains jurisdiction over this matter to enforce the terms of

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DATED: July 08, 2014

_________________________________
The Hon. James V. Selna
United States District Judge

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-4ORDER OF DISMISSAL