Ormco Corporation v. Align Technology Inc

Filing 1331

CONSENT JUDGMENT by Judge Christina A. Snyder: IT IS ORDERED, ADJUDGED AND DECREED this Court has personal jurisdiction over the parties and the subject matter of this action, including the enforcement of the Settlement Agreement. Pursuant to the te rms and conditions of the Settlement Agreement entered between Ormco and Align, the issues of damages, willfulness and attorneys' fees as they relate to Ormco's allegations of infringement of its patents have been fully settled and all rema ining allegations that were made or could have been made by Ormco in Case No. SACV 03-16 CAS (ANx) are hereby dismissed with prejudice. Ormco's pending Motion for a Permanent Injunction 1261 is hereby denied as moot. All defenses and counter claims that were made or could have been made by Align in Case No. SACV 03-16 CAS (ANx) are hereby dismissed with prejudice. Except as set forth in the Parties' Settlement Agreement, each party shall bear its own costs and attorneys' fees. ( MD JS-6. Case Terminated ) (mg)

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THOMAS P. LAMBERT (SBN 050952) [e-mail] KARIN G. PAGNANELLI (SBN [e-mail] MITCHELL SILBERBERG & KNUPP LLP 11377 West Olympic Boulevard Los Angeles, CA 90064-1683 Telephone: [phone] Facsimile: [phone] CHRISTOPHER B. MEAD pro hac vice LONDON & MEAD 1225 19th Street NW, Suite 320 Washington, DC 20036 Telephone: [phone] Facsimile: [phone] DAVID L. DEBRUIN pro hac vice RICHARD MARSCHALL pro hac vice CHARLES J. CRUEGER pro hac vice JOSEPH T. MIOTKE pro hac vice MICHAEL BEST & FRIEDRICH LLP 100 East Wisconsin Avenue Suite 3300 Milwaukee, WI 53202-4108 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff ORMCO CORPORATION
174763)

JS-6

DANIEL J. FURNISS (SBN 73531) [e-mail] ANNE M. ROGASKI (SBN 184754) [e-mail] TOWNSEND TOWNSEND AND CREW LLP 379 Lytton Avenue Palo Alto, CA 94301 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant ALIGN TECHNOLOGY, INC.

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

ORMCO CORPORATION, Plaintiff, v. ALIGN TECHNOLOGY, INC., Defendant. AND RELATED COUNTERCLAIMS

CASE NO. SACV 03-16 CAS (ANx) The Honorable Christina A. Snyder CONSENT JUDGMENT CTRM.: 5

W/1463463

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This Consent Judgment is entered into between and among Ormco Corporation, ("Ormco"), and Align Technology, Inc. ("Align") (collectively, the "Parties"), through their respective counsel of record. This action comes before the Court on the pleadings and proceedings of record and it has been represented to the Court that, pursuant to a Settlement Agreement, Ormco and Align have agreed to a settlement of all issues remaining for trial or otherwise the subject of pending motions and Align has waived any right to appeal any of the findings, judgments, rulings or orders entered by the Court in this action. WHEREFORE, with the consent of Ormco and Align, through their undersigned attorneys, it is hereby finally ORDERED, ADJUDGED and DECREED as follows: 1. This Court has personal jurisdiction over the Parties and the subject

matter of this action, including the enforcement of the Settlement Agreement entered among the Parties. 2. Claims 37, 38, 39, 40 and 69 of Ormco's U.S. Patent No. 6,616,444

are infringed by Align. 3. Claims 37, 38, 39, 40, 45 and 69 of Ormco's U.S. Patent No.

6,616,444 are not invalid. 4. Ormco's U.S. Patent No. 6,616,444 are not unenforceable.

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5.

Pursuant to the terms and conditions of the Settlement Agreement

entered between Ormco and Align, the issues of damages, willfulness and attorneys' fees as they relate to Ormco's allegations of infringement of its patents have been fully settled and all remaining allegations that were made or could have been made by Ormco in Case No. SACV 03-16 CAS (ANx) are hereby dismissed with prejudice. 6. as moot. 7. prejudice. 8. Except as set forth in the Parties' Settlement Agreement, each party All defenses and counterclaims that were made or could have been Ormco's pending Motion for a Permanent Injunction is hereby denied

made by Align in Case No. SACV 03-16 CAS (ANx) are hereby dismissed with

shall bear its own costs and attorneys' fees. SO Ordered: DATED: August 17, 2009 The Honorable Christina A. Snyder United States District Judge

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Stipulated to by: Dated: August __, 2009 MICHAEL BEST & FRIEDRICH LLP By:

David L. De Bruin Richard H. Marschall Charles J. Crueger Joseph T. Miotke -andChristopher B. Mead -andThomas P. Lambert Karin G. Pagnanelli Attorneys for Plaintiff ORMCO CORPORATION

Dated:

August __, 2009

TOWNSEND AND TOWNSEND AND CREW LLP By:

Anne M. Rogaski Daniel J. Furniss Jon V. Swenson Heidi J. Kim Attorneys for Defendant ALIGN TECHNOLOGY

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