Free Motion for Judgment - District Court of Colorado - Colorado

Case 1:00-cv-02229-JLK-KLM

Document 73-2

Filed 10/30/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Civil Action No. 00-CV-02229-JLK-KLM CAUGHT FISH ENTERPRISES, LLC, a Colorado limited liability company, and METAL ROOF INNOVATIONS, LTD., a Colorado corporation Plaintiffs, vs. CONTEK, INC., d/b/a SNOW MANAGEMENT SYSTEMS, a Vermont corporation Defendant.

FINDINGS, JUDGMENT AND ORDER OF DISMISSAL

All parties have stipulated and moved this Court for entry of judgment in accordance with the terms of their Stipulation. The Stipulation was reached in connection with a settlement of this case. THE COURT, being fully advised in the premises, now FINDS AND ADJUDGES as follows: 1. Each and every claim of U.S. Patent Nos. 5,228,248 ("the '248 patent") and 5,983,588

("the '588 patent") is valid. 2. Each and every claim of the '248 and '588 patents is enforceable.

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Case 1:00-cv-02229-JLK-KLM

Document 73-2

Filed 10/30/2007

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3.

Contek has infringed Claims 1-4, 6, 9, 10 and 13 of the '248 patent, and Claims 1-12,

14-17, 19-35, 37-40 and 42-53 of the '588 patent due to its manufacture and sale of the accused device for mounting snow guards to the standing seam of metal roofs. The Court FURTHER ORDERS that all remaining claims of this care are hereby DISMISSED WITH PREJUDICE, with each party to bear its own costs and attorney's fees. DONE AND ORDERED this ________ day of ________________, 2007. BY THE COURT:

______________________________ Lewis T. Babcock United States District Court Judge

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