Steve Neville et al v. Foundation Constructors, Inc. et al

Filing 135

JUDGMENT by Judge Andrew J. Guilford. Having determined the parties' motions for summary judgment (see D.E. 88), and having granted the parties' Joint Stipulation to Dismiss Remaining Claims under Fed. R. Civ. P. Rule 41(a)(1)(A)(ii), the Court ORDERS AND ADJUDGES as follows: *SEE DOCUMENT FOR DETAILS.* (MD JS-6, Case Terminated). (es)

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JS-6

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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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STEVE NEVILLE, SUBSTRUCTURE

Case No. 5:17-cv-02507-AG (AGRx)

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SUPPORT, INC., and TDP SUPPORT,

FINAL JUDGMENT

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INC.,

Hon. Andrew J. Guilford
Plaintiffs,

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v.

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FOUNDATION CONSTRUCTORS,

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INC. and FOUNDATION PILE, INC.

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Defendants.

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FINAL JUDGMENT
Having determined the parties’ motions for summary judgment (see D.E.
88), and having granted the parties’ Joint Stipulation to Dismiss Remaining Claims
under Fed. R. Civ. P. Rule 41(a)(1)(A)(ii), the Court ORDERS AND ADJUDGES
as follows:
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Final Judgment is entered in favor of defendants Foundation

Constructors, Inc. and Foundation Pile, Inc. (“Defendants”), and against plaintiffs
Steve Neville, Substructure Support, Inc., and TDP Support, Inc. (“Plaintiffs”).
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With respect to Defendants’ EDTTEX ED2M and ED3 products,

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Defendants do not infringe claims 1-6, 25-29, 31, and 39 of U.S. Patent No.

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9,284,708 (“the ‘708 patent “).

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With respect to Defendants’ EDTTEX ED2M and ED3 products,

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Defendants do not infringe claims 1, 2, 4, 6-9, 16-20, 22-30, 32, and 33 of U.S.

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Patent No. 7,914,236 (“the ‘236 patent”).

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Plaintiff’s claims for infringement of claims 1-6, 25-29, 31, and 39 of

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the ‘708 patent and of claims 1, 2, 4, 6-9, 16-20, 22-30, 32, and 33 of the ‘236

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patent as against Defendants’ EDTTEX ED1 product are dismissed without

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prejudice.

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5.

Defendants Foundation Constructors, Inc. and Foundation Pile, Inc.

shall recover costs from Plaintiffs.
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The Court retains jurisdiction over this cause and over the parties for

the purposes of entering all further post-judgment orders that are just and proper.
DONE AND ORDERED in Chambers at Anaheim, California, this 27th day
of September 2019.

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Dated: September 27, 2019
Honorable Andrew J. Guilford
UNITED STATES DISTRICT JUDGE