Cellport Systems, Inc. v. Peiker Acustic GMBH & Co. KG

Filing 310

ORDER granting Stipulation, judgment to enter by the clerk by Judge R. Brooke Jackson on 2/8/16. (jdyne, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 09-CV-01007-RBJ-MJW
CELLPORT SYSTEMS, INC.,
Plaintiff/Counterclaim Defendant,
v.
PEIKER ACUSTIC GMBH & CO.
Defendant/Counterclaim Plaintiff
______________________________________________________________________________
STIPULATED FINAL JUDGMENT
______________________________________________________________________________
Plaintiff Cellport Systems, Inc. (“Cellport”) having commenced this action by
filing a complaint against defendant Peiker Acustic GMBH & Co. (“Peiker”) in the District
Court for the State of Colorado, County of Boulder;
Peiker having removed this action to this Court;
After holding a bench trial, this Court having entered final judgment on January 2,
2013 (1) in favor of Peiker and against Cellport on Cellport’s breach of contract claim insofar as
it related to the BMW Snap-In-Adaptor (SIA) and Baseplate (BMW) products, the CKII/CIB
(VW) and CKII/CIB (BMW) products, the CKVI (Audi) products, and BT-PSC (Daimler)
products, (2) in favor of Cellport and against Peiker on the CKII (Daimler) and CKIV (Daimler)
products, and (3) determining that neither party was the prevailing party entitled to attorneys’
fees;
The United States Court of Appeals for the Tenth Circuit having issued a decision
on August 5, 2014 affirming in part and reversing in part this Court’s final judgment and
remanding with instructions that this Court should: (1) calculate the damages due to Cellport for
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the CKII/CIB (VW) and CKII/CIB (BMW) products as Cellport was entitled to damages for
these products; (2) determine whether royalties were due to Cellport for the CKVI products as
part of a UMCP covered by Section 1.17(i); (3) determine whether the BT-PSC product infringes
Cellport’s “‘456 Patent” – and therefore is a UMCP covered by Section 1.17(iii)—and if
necessary, calculate the royalties owed Cellport for that product; and (4) determine whether
Cellport is the “prevailing party” for purposes of awarding attorney’s fees and costs;
The mandate of the United States Court of Appeals for the Tenth Circuit having
issued on September 23, 2014;
This Court having determined on April 29, 2015 that prejudgment interest runs
from the date royalty payments were due, which means the date that the product was shipped by
or on behalf of Peiker or a Peiker subsidiary;
Cellport and Peiker having agreed on July 1, 2015 that the amount of royalties
owed for the CKII/CIB (VW) and CKII/CIB (BMW) products is $989,485 plus interest at 8%;
The pre-judgment interest due for the CKII/CIB (VW) and CKII/CIB (BMW)
products having continued to accrue through December 21, 2015 causing the total amount of
royalties owed for the CKII/CIB (VW) and CKII/CIB (BMW) products, inclusive of prejudgment interest accrued through December 21, 2015, to be $2,136,257;
Peiker having made a payment of all royalties owed for the CKII/CIB (VW) and
CKII/CIB (BMW) products, plus a portion of the pre-judgment interest accrued through
December 21, 2015 ($341,411);
This Court having determined on October 13, 2015, that Cellport was entitled to
payments on the CKVI products, but not entitled to damages on the BT-PSC products; and

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Cellport and Peiker having agreed that the amount of royalties owed for the CKVI
products, inclusive of pre-judgment interest accrued through April 15, 2016, is $81,236.
NOW THEREFORE, based upon the foregoing,
IT IS HEREBY ORDERED, ADJUDGED, and DECREED as follows:
1.

The Clerk shall enter final judgment in favor of Cellport, and against

Peiker, on Cellport’s First Claim for Relief insofar as it relates to the CKII/CIB (VW) and
CKII/CIB (BMW) products, in the amount of $2,136,257 ($1,052,767.10 of which the parties
acknowledge was paid prior to the date of this Order).
2.

The Clerk shall enter final judgment in favor of Cellport, and against

Peiker, on Cellport’s First Claim for Relief insofar as it relates to the CKVI products, in the
amount of $81,236.
3.

The Clerk shall enter final judgment in favor of Peiker, and against

Cellport, on Cellport’s First Claim for Relief insofar as it relates to the BT-PSC products.
4.

By a separate order and pursuant to Cellport’s Motion for an Award of

Attorneys’ Fees and Costs Incurred to Date, the Court will determine whether Cellport is the
“prevailing party” for purposes of awarding attorney’s fees and costs and make any award of
costs and fees to Cellport as the Court shall deem just and proper.
5.

Post-judgment interest at the rate provided by Colorado Revised Statutes

§ 5-12-102(4)(b) shall accrue from the date of judgment until the judgment is satisfied.

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Dated this 8th day of February, 2016.
BY THE COURT:

_______________________________________
R. Brooke Jackson
United States District Judge

Clerk

Dated: February 4, 2016
/s/ Katherine L. Pringle
Katherine L. Pringle
FRIEDMAN KAPLAN SEILER &
ADELMAN LLP
7 Times Square
New York, New York 10036-6516
[phone]
Todd P. Blakely
Patricia Y. Ho
SHERIDAN ROSS, P.C.
1560 Broadway, Suite 1200
Denver, Colorado 80202-5141
[phone]
Attorneys for Plaintiff
Cellport Systems, Inc.

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.

/s/ Christopher H. Toll
.
Christopher H. Toll
HOLLAND & HART, LLP
6380 S. Fiddlers Green Circle, Suite 500
Greenwood Village, Colorado 80111-2800
[phone]
Timothy P. Getzoff
HOLLAND & HART, LLP
1800 Broadway
One Boulder Plaza, Suite 300
Boulder, Colorado 80302
[phone]
Attorneys for Defendant
Peiker Acustic GMBH & Co.

CERTIFICATE OF SERVICE
I hereby certify that on this February 4, 2016, I electronically filed the foregoing with the
Clerk of Court using the CM/ECF system, which will send notification of such filing to all
counsel of record.

s/ Veronica Garvey
Veronica Garvey
FRIEDMAN KAPLAN SEILER &
ADELMAN LLP
7 Times Square
New York, New York 10036-6516
[phone]
[e-mail]

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