Encapsulation Tech v. Instacote, Inc., et al

Filing 211

ORDER granting 199 Defendant PMTech, Inc.s Motion for Summary Judgment; and granting 204 The Alpha Group & Associates, LLCs Motion for Summary Judgment. Summary judgment is granted in favor of these Defendants and against Plaintiff on all claims. Defendant PMTech, Inc. and Defendant The Alpha Group & Associates, LLC may have their costs. by Judge Walker D. Miller on 5/3/2010.(erv, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO SENIOR JUDGE WALKER D. MILLER Civil Action No. 03-cv-1927-WDM-MJW ENCAPSULATION TECHNOLOGY, LLC, a California limited liability company, Plaintiff, v. INSTACOTE, INC., an Ohio Corporation; THOMAS NACHTMAN, an individual; CHARLES SMITH, an individual; PMTECH, INC., a Colorado Corporation; RICHARD S. HOGUE, an individual; THE ALPHA GROUP & ASSOCIATES, L.L.C., a Colorado limited liability company; and ROCK NEVEAU, an individual, Defendants. ORDER ON MOTIONS FOR SUMMARY JUDGMENT Miller, J. This matter is before me on Defendant PMTech, Inc.'s Motion for Summary Judgment (Docket No. 199) and Defendant The Alpha Group & Associates, LLC's Motion for Summary Judgment (Docket No. 204). Plaintiff Encapsulation Technology, LLC

confesses both motions1 but asserts that an award of attorneys' fees is unjustified. Since neither Defendant sought attorneys' fees in its motion, I need not address the issue at this

Plaintiff's complaint in this matter asserts claims primarily based on the purported validity of a patent. Because the United States Patent and Trademark Office invalidated the patent, a decision upheld on appeal, the parties agree that the patent infringement and related claims must fail.

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time. Accordingly, it is ordered: 1. Defendant PMTech, Inc.'s Motion for Summary Judgment (Docket No. 199) and Defendant The Alpha Group & Associates, LLC's Motion for Summary Judgment (Docket No. 204) are granted. 2. Summary judgment is granted in favor of these Defendants and against Plaintiff on all claims. 3. Defendant PMTech, Inc. and Defendant The Alpha Group & Associates, LLC may have their costs. DATED at Denver, Colorado, on May 3, 2010. BY THE COURT:

s/ Walker D. Miller United States Senior District Judge

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