AquaWood LLC v. Worldslide LLC et al, No. 2:2011cv05611 - Document 106 (C.D. Cal. 2012)

Court Description: JOINT FINAL JUDGMENT by Judge John F. Walter. IT IS ORDERED AND ADJUDGED that (1) This Court has subject matter jurisdiction over this action and has personal jurisdiction over the parties. (2) The '302 patent is invalid for indefiniteness under 35 U.SC section 112. (3) The '302 patent has a prior art "critical date" of 3/27/2000. (4) The '302 patent is invalid for anticipation under 35 USC 102(b). (5) The 302 patent is invalid for obviousness under 35 USC 103(a). (6) Pl aintiff has not engaged in any acts of potential direct infringement of the '302 patent under 35 USC 271(a). (7) Plaintiff has not engaged in any acts of potential indirect infringement of the '302 patent under 35 USC 271(b)-(c). (8) The ac cused infringing products do not infringe the '302 patent because they are water slides, they have been consistently called water slides, and they are intended for use only as water slides. (9) Plaintiff is entitled to costs as the prevailing party. (10) This Court retains jurisdiction over this action for purposes of any further post-judgment proceedings, including but not limited to any motion for attorneys' fees under 35 USC 285. (MD JS-6, Case Terminated). (jp)

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AquaWood LLC v. Worldslide LLC et al Doc. 106 Stephen M. Lobbin (SBN 181195) sml@eclipsegrp.com THE ECLIPSE GROUP LLP 1920 Main Street, Suite 150 Irvine, California 92614 Tel: 949.851.5000 Fax: 949.851.5051 Jeffrey B. Valle (SBN 110060) jvalle@vallemakoff.com David S. Shukan (SBN 143683) dshukan@vallemakoff.com VALLE MAKOFF LLP 11911 San Vicente Boulevard, Suite 324 Los Angeles, California 90049 Tel: 310.476.0300 Fax: 310.476.0333 JS-6 Attorneys for Plaintiff AquaWood, LLC, using trade name ToyQuest William S. Bernheim (SBN 56555) law@bernheimlaw.net BERNHEIM, GUTIERREZ & McCREADY 255 North Lincoln Street Dixon, California 95620 Tel: 707.678.4447 Fax: 707.678.0744 Attorneys for Defendants Worldslide, LLC and Forrest B. Phillips UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA WESTERN DIVISION AquaWood, LLC, using trade name ToyQuest, Case No. CV11-5611 JFW (Ex) Plaintiff, Honorable John F. Walter v. Worldslide, LLC and Forrest B. Phillips, JOINT FINAL JUDGMENT Defendants. -1Dockets.Justia.com Plaintiff’s Motion for Summary Judgment of Invalidity and NonInfringement of Defendants’ U.S. Patent No. 7,309,302 (“the ‘302 patent”), Docket No. 75, came before the Honorable John F. Walter, District Judge Presiding. The evidence presented having been fully considered and a decision having been fully rendered on October 31, 2012, in the Court’s Order, Docket No. 104, the Court enters final judgment as follows. IT IS ORDERED AND ADJUDGED that: 1. This Court has subject matter jurisdiction over this action and has personal jurisdiction over the parties. 2. The ‘302 patent is invalid for indefiniteness under 35 U.S.C. § 112. 3. The ‘302 patent has a prior art “critical date” of March 27, 2000. 4. The ‘302 patent is invalid for anticipation under 35 U.S.C. § 102(b). 5. The ‘302 patent is invalid for obviousness under 35 U.S.C. § 103(a). 6. Plaintiff has not engaged in any acts of potential direct infringement of the ‘302 patent under 35 U.S.C. § 271(a). 7. Plaintiff has not engaged in any acts of potential indirect infringement of the ‘302 patent under 35 U.S.C. § 271(b)-(c). 8. The accused infringing products do not infringe the ‘302 patent because they are water slides, they have been consistently called water slides, and they are intended for use only as water slides. 9. Plaintiff is entitled to costs as the prevailing party. 10. This Court retains jurisdiction over this action for purposes of any further post-judgment proceedings, including but not limited to any motion for attorneys’ fees under 35 U.S.C. § 285. Dated: November 8, 2012 JOHN F. WALTER UNITED STATES DISTRICT JUDGE -2-

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