Gutterglove, Inc. v. Lasell et al

Filing 83

STIPULATION and ORDER signed by Senior Judge William B. Shubb on 11/13/18 entering Judgment declaring the entire '936 Patent Family invalid and unenforceable. All other claims of all Parties are dismissed with prejudice. The respective Parties hereto are to bear their own attorney's fees and costs. CASE CLOSED. (Coll, A)

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John P. Costello. Esq. (SBN 161511)
COSTELLO LAW CORPORATION
2267 Lava Ridge Court, Suite 210
Roseville, CA 95661
Telephone: [phone]
facsimile: [phone]
[e-mail]
GLENN W. PETERSON, ESQ. (SBN 126173)
PETERSON WATTS LAW GROUP, LLP
Attorneys at Law
2267 Lava Ridge Court, Suite 210
Roseville, CA 95661
Telephone: [phone]
Facsimile: [phone]
[e-mail]

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Attorneys for Defendants
William Lasell; American Die and Rollforming. a
California Corporation and Artesian Home Products,
a California Corporation dba Valor Gutter Guard and
Counterclaimants

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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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GUTTERGLOVE INC., a California
Corporation,

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Plaintiff,

Case No. 2:17-CV-01372-WBS-CKD
STIPULATION FOR JUDGMENT AND
JUDGMENT

vs.
WILLIAM LASELL, an individual,
AMERICAN DIE AND ROLLFORMING
a California Corporation; and VALOR
GUTTER GUARD
Defendants.

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STIPULATED JUDGMENT
CASE NO. 2:17-CV-01372-WBS-CKD

Action Filed: June 30, 2017
Judge: Honorable William B. Shubb

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Plaintiff Gutterglove, Inc. (“Gutterglove”), Defendants William Lasell, an individual,

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(“Lasell”) Artesian Home Products, a California Corporation, (“Artesian”) American Die and

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Rollforming, a California Corporation (“ADR”) (collectively, Lasell, Artesian and ADR constitute
“Defendants”) and Counterclaimants Chris Tatasciore, Lawrence Dumm and Slate E. Bryer

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(individuals and collectively the “ADR Inventors”) (collectively Gutterglove, Defendants and the

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ADR Inventors constitute the “Parties”), hereby consent to the resolution of the above-captioned

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case through the instant Stipulated Judgment (“Judgment”), based upon the terms and conditions as

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follows:

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1.

Gutterglove is the owner of U.S. Patent No. 9,834,936 (the “’936 Patent”) as well as

all related patents and applications thereof including but not limited to: U.S. Patent No. 9,976,309,

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issued May 22, 2018, entitled “Gutter Debris Preclusion Device With Multiple Manipulations and
Patterns Thereof” (the “‘309 Patent”), and any parent applications, continuations, continuations-in-

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part, divisionals, and re-issues, or foreign counterpart patents or applications (“the ’936 Patent

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Family”);

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2.

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Defendants ADR and Artesian in their First Amended Answer (the “FAA”) (Dkt. # 80) to

the Plaintiff’s Second Amended Complaint (“SAC”) (Dkt #20), have alleged a counterclaim for relief
from the ‘936 Patent Family, seeking a judicial declaration that the ‘936 Patent Family is invalid and

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unenforceable on the grounds of alleged inequitable conduct before the United States Patent and

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Trademark Office. This counterclaim for relief sought to resolve an existing dispute concerning the
effect of the ‘936 Patent Family upon U.S. Patent No. 9,284,735, which had been placed at issue by

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Gutterglove in its First Claim for Relief in its Second Amended Complaint on file herein, wherein

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Gutterglove sought a correction of inventorship of U.S. Patent No. 9,284,735.

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3.

Gutterglove, the Defendants and the ADR Inventors have reached an agreement to

resolve the pending disputes, and in furtherance of that settlement agreement, among other things,

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STIPULATED JUDGMENT
CASE NO. 2:17-CV-01372-WBS-CKD
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Gutterglove is willing, without admitting the allegations in the counterclaim, to consent to declaratory

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judgment herein invalidating and rendering unenforceable the ‘936 Patent Family as requested, in part, in

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the First Amended Answer and Counterclaim (Dkt. No. 80) to the Second Amended Complaint.

4.

Gutterglove acknowledges and agrees that the terms of this Judgment are valid, binding

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and enforceable in any jurisdiction in the United States, to the fullest extent of any and all applicable

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laws related thereto.

5.

Gutterglove expressly waives the right to appeal this Judgment both as to form or

content.

6.

Should the Court find this Judgment deficient in any way, the Parties agree to cooperate

with each other to take whatever steps are necessary to render this Judgment effective.

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This Court shall retain jurisdiction over the Parties, to enforce this Judgment, or enter any

further relief, until there is full performance of the terms hereof.

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All Parties will bear their own costs and attorney fees.

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The Parties request that pursuant to 35 U.S.C. § 290, the Court provide notice to the

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United States Patent and Trademark Office of the pendency and disposition of this action concerning

U.S. Patent No. 9,834,936 and U.S. Patent No. 9,976,309.

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IT IS SO AGREED AND STIPULATED:

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STIPULATED JUDGMENT
CASE NO. 2:17-CV-01372-WBS-CKD
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Dated: November 9, 2018

KUTAK ROCK LLP

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By: /s/ Jason S. Jackson
Jason S. Jackson
Jacob Song
Sara Weilert-Gillette
KUTAK ROCK LLP
1650 Farnham Street
The Omaha Building
Omaha, NE 68102-2103
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
[e-mail]
Attorneys for Plaintiff
GUTTERGLOVE, INC. and on behalf of
Robert Lenney

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Dated: November 9, 2018

COSTELLO LAW CORPORATION

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By: /s/ John P. Costello
John P. Costello
COSTELLO LAW CORPORATION
2267 Lava Ridge Court
Suite 210
Roseville, CA 95661
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Attorneys for Defendants
WILLIAM LASELL, AMERICAN DIE
AND ROLLFORMING AND
ARTESIAN HOME PRODUCTS AND
THE ADR INVENTORS

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STIPULATED JUDGMENT
CASE NO. 2:17-CV-01372-WBS-CKD

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Dated: November 9, 2018

PETERSON WATTS LAW GROUP LLP

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By: /s/ Glenn W. Peterson
Glenn W. Peterson
PETERSON WATTS LAW GROUP LLP
2267 Lava Ridge Court
Suite 210
Roseville, CA 95661
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Attorneys for Defendants
WILLIAM LASELL, AMERICAN DIE
AND ROLLFORMING AND
ARTESIAN HOME PRODUCTS AND
THE ADR INVENTORS

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IT IS SO ORDERED:
Pursuant to the above-referenced stipulation of the Parties to this action, Judgment is hereby
entered declaring the entire ‘936 Patent Family invalid and unenforceable. All other claims of all
Parties are dismissed with prejudice. The respective Parties hereto are to bear their own attorney’s fees

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and costs.

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Dated: November 13, 2018

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STIPULATED JUDGMENT
CASE NO. 2:17-CV-01372-WBS-CKD
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PROOF OF SERVICE

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I, the undersigned, certify and declare that I am over the age of 18 years, employed in the

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County of Placer, State of California, and not a party to the above-entitled cause. On November 9,

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2018, I electronically filed the following document(s) using the CM/ECF system:

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STIPULATION FOR JUDGMENT AND JUDGMENT

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Participants in the case who are registered CM/ECF users will be served by the CM/ECF
system.
I declare under penalty of perjury that I am employed in the office of a member of the bar of
this Court at whose direction this service was made and that the foregoing is true and correct.
Executed on November 9, 2018, at Roseville, California.

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/s/ Ruma Costello

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Ruma Costello

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STIPULATED JUDGMENT
CASE NO. 2:17-CV-01372-WBS-CKD