Guardian Media Technologies, Ltd. v. Toshiba America Consumer Products, L.L.C., No. 2:2009cv00052 - Document 52 (C.D. Cal. 2009)

Court Description: FINAL JUDGMENT by Judge Manuel L. Real, the Court hereby enters final judgment in favor of defendant Toshiba America Consumer Products, L.L.C. and against plaintiff Guardian Media Technologies Ltd. in conformity with the Courts Orders and findings se t forth below. Consistent with the Courts Order Granting TACPs Motion for Summary Judgment of Non-Infringement of U.S. Patent No. 4,930,160 (see Dkt. No. 47) and the Courts accompanying Statement of Uncontroverted Facts and Conclusions of Law (see Dk t. No. 48), the Court finds that TACP has not infringed any claim of U.S. Patent No. 4,930,160, either literally or under the doctrine of equivalents. Consistent with the Courts Order Dismissing Count Two of TACPs Counterclaim of Invalidity of U.S. P atent No. 4,930,160 (see Dkt. No. 50), the Court dismisses that Count, without prejudice, subject to the terms and conditions in the Dismissal Order. Accordingly, IT IS HEREBY ORDERED, ADJUDGED and DECREED THAT: (A) Guardian recover nothing from TACP ; (B) Guardians claims against TACP are dismissed with prejudice onthe merits; (C) TACP is the prevailing party; (D) Costs are taxed against Guardian; (E) TACP prevails on Count I of TACPs Counterclaim regarding noninfringement of U.S. Patent No. 4,930,160; and (F) Count II of TACPs Counterclaim regarding invalidity of U.S. Patent No. 4,930,160 is dismissed without prejudice. 47 (pj)