Digital Spectrum Solutions v. Eastman Kodak Company et al

Filing 127

FINAL JUDGMENT by Judge James V. Selna in favor of Eastman Kodak Company against Digital Spectrum Solutions on all claims in the Plaintiff's Complaint and First Amended Complaint, including claims of infringement. This constitutes a final judgment for purposes of appeal. (See Judgment for further details) (db)

1 R. Scott Feldmann (State Bar No. 169230) [e-mail] 2 Thomas A. Kruza III (State Bar No. 244254) [e-mail] 3 Thomas E. Dietrich (State Bar No. 254282) [e-mail] 4 CROWELL & MORING LLP 3 Park Plaza, 20th Floor 5 Irvine, California 92614-8505 Telephone: [phone] Facsimile: [phone] 7 Attorneys for Defendant Eastman Kodak Company 8 9 10 11 12 DIGITAL SPECTRUM SOLUTIONS, INC., 13 Plaintiff, 14 v. 15 EASTMAN KODAK COMPANY and 16 ATICO INTERNATIONAL USA, INC. and DOES 1 THROUGH 20, 17 Defendants. 18 19 / / / 20 / / / 21 / / / 22 / / / 23 / / / 24 / / / 25 / / / 26 / / / 27 / / / 28 / / /
Case No. SACV07-0729 JVS (RNBx) FINAL JUDGMENT

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA, SOUTHERN DIVISION CASE NO. SACV07-0729 JVS (RNBx) FINAL JUDGMENT

3 Park Plaza, 20th Floor Irvine, CA 92614-8505 [phone]

1 2

FINAL JUDGMENT WHEREAS, on October 2, 2007, Defendant Eastman Kodak Company

3 ("Kodak") filed a motion to dismiss Claims Two through Seven in the above4 captioned lawsuit (Docket Entry ("D.E.") 8), and on December 14, 2007, this Court 5 granted Kodak's motion with respect to Plaintiff Digital Spectrum Solutions, Inc.'s 6 ("Plaintiff" or "DSI") Claims Three through Seven in the Complaint and denied 7 leave to amend (D.E. 39). This Court denied Kodak's motion with respect to 8 Plaintiff DSI's Claim Two for breach of contract; 9 11
3 Park Plaza, 20th Floor Irvine, CA 92614-8505 [phone]

WHEREAS, on January 7, 2008, Plaintiff DSI moved to amend its Complaint WHEREAS, on February 21, 2008, Plaintiff DSI filed its First Amended WHEREAS, on January 15, 2008, Kodak and co-defendant Atico

10 (D.E. 41); this Court granted the motion in part on February 14, 2008 (D.E. 70); 12 Complaint (D.E. 75), containing new Claims Three through Eight; 13 14 International USA, Inc. filed a Joint Motion for Summary Judgment on Claim One 15 (D.E. 43), which the Court granted on February 25, 2008 (D.E. 86); 16 18 WHEREAS, on March 10, 2008, Kodak filed a motion to dismiss Claims WHEREAS, On May 2, 2008, the Court granted Kodak's motion to dismiss 17 Three through Eight of the First Amended Complaint (D.E. 81); 19 Claims Three through Eight in the First Amended Complaint and denied leave to 20 amend (D.E. 103). Thus, the only remaining claim against Kodak pending before 21 this Court was Claim Two for breach of contract; 22 WHEREAS, on September 18, 2008, Plaintiff DSI voluntarily dismissed 23 Claim Two with prejudice, Plaintiff DSI stipulated to waive appeal rights to all 24 claims except as to Claim One of the First Amended Complaint (D.E. 123), and the 25 parties stipulated that each party would bear its own attorneys' fees and costs; and 26 28 / / /
FINAL JUDGMENT

WHEREAS, on September 19, 2008, this Court ordered the case dismissed on

27 the terms stipulated by Plaintiff DSI and Kodak (D.E. 124).

1

Case No. SACV07-0729 JVS (RNBx)

1

Accordingly, it is hereby ORDERED and ADJUDGED that judgment is

2 entered in favor of the Defendant Kodak and against Plaintiff DSI on all claims in 3 the Plaintiff's Complaint and First Amended Complaint, including claims of 4 infringement. This constitutes a final judgment for purposes of appeal. While it is 5 understood that Kodak has additional defenses to Claim One, including but not 6 limited to invalidity positions, there is no need to address these defenses in view of 7 the non-infringement holding. Plaintiff DSI has waived its appeal rights as to all 8 claims except Claim One. Kodak and DSI to each bear their own costs and fees in 9 this matter. 10 11 12
3 Park Plaza, 20th Floor Irvine, CA 92614-8505 [phone]

Let the clerk send a copy of this Judgment to all parties of record. IT IS SO ORDERED.

13 14 DATED: October 7, 2008 15 16 17 18 19 20 21 22 23 24 25 26 27 28
FINAL JUDGMENT Cam No. 025140.057 DC6392569.1

James V. Selna UNITED STATES DISTRICT JUDGE

2

Case No. SACV07-0729 JVS (RNBx)