BERRY PLASTICS CORPORATION v. INTERTAPE POLYMER CORPORATION

Filing 547

CLOSED - FINAL JUDGMENT - SEE ENTRY FOR DETAILS. Each party shall bear its own attorney's fees. Signed by Judge Richard L. Young on 9/30/2016.(TMD)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
EVANSVILLE DIVISION

BERRY PLASTICS CORPORATION,

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Plaintiff and
Counter Defendant,
vs.
INTERTAPE POLYMER
CORPORATION,
Defendant and
Counter Plaintiff.

3:10-cv-00076-RLY-MPB

FINAL JUDGMENT
All claims against all parties regarding the merits of the present action have been
finally resolved. IT IS THEREFORE ADJUDGED AND ORDERED THAT:
(1)

Judgment is entered in favor of Intertape Polymer Corporation and against

Berry Plastics Corporation on Count I of Berry Plastics Corporation’s Complaint for
Declaratory Judgment, seeking a declaration that U.S. Patent No. 7,476,416 is
unenforceable due to inequitable conduct.
(2)

Judgment is entered in favor of Berry Plastics Corporation and against

Intertape Polymer Corporation on Count II of Berry Plastics Corporation’s Complaint for
Declaratory Judgment, seeking a declaration that U.S. Patent No. 7,476,416 is invalid.
Consistent with this Court’s orders dated September 30, 2015 and June 3, 2016, claims 1,

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6, 7, 8, 10, 11, 12, 21, 22, 23, 24, 25, 27, 31, 32, 33, and 34 of U.S. Patent No. 7,476,416
are hereby declared invalid as obvious under 35 U.S.C. § 103.
(3)

Judgment is entered in favor of Berry Plastics Corporation and against

Intertape Polymer Corporation on Intertape Polymer Corporation’s Counterclaim for
Patent Infringement based on U.S. Patent No. 7,476,416. Therefore, Intertape takes
nothing in damages from Berry.
(4)

Each party shall bear its own attorney’s fees.

SO ORDERED this 30th day of September 2016.

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RICHARD L. YOUNG, CHIEF JUDGE
United States District Court
Southern District of Indiana

Laura Briggs, Clerk
United States District Court
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By: Deputy Clerk

Distributed Electronically to Registered Counsel of Record.

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