Free Stipulation - District Court of Federal Claims - federal

Case 1:05-cv-01075-TCW

Document 77

Filed 01/28/2008

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THE UNITED STATES COURT OF FEDERAL CLAMS

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SEVENSON ENVIRONMENTAL SERVICES, INC., Plaintiff, v, THE UNITED STATES Defendant and SHAW ENVIRONMENTAL, INC., Defendant-Intervenor.

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No. 05-1075C Judge Thomas C. Wheeler

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STIPULATION FOR THE ENTRY OF JUDGMENT

For the purpose of settling and compromising this action, Sevenson Environmental Services, Inc. (Sevenson), defendant; the United States (the government), and defendantintervenor Shaw Environmental, Inc. (Shaw) stipulate to the following: 1. Sevenson is the sole owner of United States Patent Nos. 5,527,982 ('982 patent);

5,732,367 ('367 patent); 5,916,123 (' 123 patent); 5,994,608 ('608 patent); 6,139,485 ('485

patent); and has brought this action pursuant to 28 U.S.C. § 1498(a) seeking reasonable and entire compensation for the alleged unauthorized use or manufacture by or for the government of
the inventions claimed in these patents. 2. Sevenson is the sole owner of United States Patent Nos. 5,569,155 (' 155 patent);

6,291,736 ('736); 6,258,018 ('018 patent); 6,635,796 ('796 patent); 6,309,337 ('337 patent) 3. Sevenson has submitted a written offer to the government to s~ttle this action by

fully releasing the government from all liability for any and all use by or for the government, throughout the world, of any subject matter claimed in the '982, '367, '123, '608, '485, '155,

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'736, '018, '796, and '337 patents, and any related patent, up to the date of entry ofjudgrnent, and grant the govemment a worldwide, non-exclusive, irrevocable, fully paid-up license for any manufacture, use or sale by or for the government of any subject matter claimed or disclosed in any patent(s) and after-acquired patent(s) in the field of stabilizing heavy metals and/or radioactive substances using phosphate-based methods including but not limited to (i) the '936,"982, '367, '123, '608, '485, '155, '736, '018, '796, and '337 patents, and (ii)any patents or applications claiming priority to such patents. 4. The government, by its authorized representative of the Attorney General, has

duly agreed to accept this offer. 5. In consideration for this Stipulation for Entry of Judgment and the release set

forth in ¶ 3 above, the parties have agreed that judgment in this action to be entered in favor of Sevenson and against the government for the total lump sum of One-Hundred Ninety-three Thousand and Five Hundred Dollars ($193,500.00). 6. In accordance with the terms of the offer and the acceptance and to secure the

performance thereof, the government, by its authorized representative of the Attorney General, Sevenson and Shaw hereby enter into this Stipulation to be filed in the above-identified action for the purpose of causing a final judgment to be entered against the government in accordance with the terms set forth above. 7. The parties agree to bear their own costs and attorneys' fees.

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8.

In the event that the Court declines to enter judgment in accordance with this

stipulation, in whole or in part, the stipulation shall be void, and without prejudice to any party.
Respect mitred,

~OTTSLBCEMERY 600 13th Street, N.W, Washington, D.G, 20005 (202) 756-8000 " [email protected] WEBSTER SZANYI LLP Kevin A. Szanyi Nelson Perel Todd M. Schiffmacher 1400 Liberty Building Buffalo, New York 14202 (716) 842-2800 [email protected]

LLP

Attorneys for Plaintiff, Sevenson Environmental Services, Inc.
Dated: JEFFREY S. BUCHOLTZ Acting Assistant Attorney General JOI~ J. FARGO " Director

General)
OF COUNSEL: Susan Mitchell Assistant Director U.S. Department of Justice

Civil Division U.S. Department of Justice Washington, D. C. 20530 Telephone: (202) 307-0285 Facsimile: (202) 307-0345 Attorneys for Defendant the United States

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Dated:
Russel O. Primeaux Kean Miller Hawthorne D'Armond McCowan & Jarman LLP One American Place, 22"~ Floor Post Office Box 3513 Baton Rouge, LA 70821-35 ! 3 (225) 387-0999 Russel,[email protected] Attorney for Defcndant-lntervenorShaw Environmental, Inc.