LECAT'S VENTRILOSCOPE LLC v. UNIVERSITY OF NEW ENGLAND et al

Filing 29

CONSENT DECREE. It is hereby ORDERED that any motion for attorney's fees shall be filed within the time specified in Local Rule 54.2 of this Court. By JUDGE NANCY TORRESEN. (dfr)

UNITED STATES DISTRICT COURT
DISTRICT OF MAINE

LECAT’S VENTRILOSCOPE, LLC

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and
DR. PAUL LECAT
Plaintiffs,
V.
UNIVERSITY OF NEW ENGLAND
and
RYAN ELING
Defendants.

CIVIL NO: 2:12-cv-00283-NT

CONSENT DECREE
Plaintiffs Lecat’s Ventriloscope, LLC, and Dr. Paul Lecat (“Plaintiffs”) have
brought this matter against Defendants University of New England and Ryan Eling
(“Defendants”) alleging that their conduct in association with the production and
dissemination of the “Fake-A-Scope Video” was infringement of, or inducement to
infringe, United States Letters Patent Number 7,645,141 (the “Patent”). Defendants
have denied the claim against them, and have asserted counterclaims seeking a
declaratory judgment of Patent invalidity and non-infringement. Plaintiffs have
sought a denial of Defendants’ counterclaims for declaratory judgment.
Notwithstanding their firm convictions as to the validity of their respective

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positions, the parties have reached an amicable resolution to all claims at issue in
this matter by way of private agreement and entry of this Consent Decree. The
terms of the settlement agreement entered into by the parties are confidential,
except as specifically set out therein, but include, at least, Defendants’ acceptance of
the validity of the Patent and an injunction against Defendants’ future
manufacture, use, sale, practice of or offers to sell the apparatuses and methods
shown in the “Fake-A-Scope Video” and/or disclosed in the Patent. In consideration
of the mutual covenants contained in the parties’ settlement agreement, the parties
have agreed to dismiss, with prejudice, the pending claims and counterclaims,
without costs or attorney’s fees assessed against either party, which stipulation is
premised on the entry of this Consent Decree.
The Court, having reviewed the terms set forth herein and finding such
terms to be in the best interests of the parties and the public, hereby ORDERS,
ADJUDGES and DECREES as follows:
1. Defendants University of New England and Ryan Eling are hereby enjoined
from the manufacture, use, sale, practice of or from offering to sell the
apparatuses and methods shown in the “Fake-A-Scope Video” and/or
disclosed in the Patent.
2. As the Parties herein, through their attorneys, and pursuant to Federal Rule
of Civil Procedure 41(a)(ii) stipulate to the dismissal of the present action

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with prejudice without costs or attorneys fees assessed against either party,
the action is dismissed with prejudice.
SO ORDERED.
Dated: March 20, 2013

/s/ Nancy Torresen
NANCY TORRESEN
UNITED STATES DISTRICT JUDGE

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