Digital Spectrum Solutions v. Eastman Kodak Company et al, No. 8:2007cv00729 - Document 127 (C.D. Cal. 2008)

Court Description: FINAL JUDGMENT by Judge James V. Selna in favor of Eastman Kodak Company against Digital Spectrum Solutions on all claims in the Plaintiff's Complaint and First Amended Complaint, including claims of infringement. This constitutes a final judgment for purposes of appeal. (See Judgment for further details) (db)

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Digital Spectrum Solutions v. Eastman Kodak Company et al Doc. 127 1 R. Scott Feldmann (State Bar No. 169230) rfeldmann@crowell.com 2 Thomas A. Kruza III (State Bar No. 244254) tkruza@crowell.com 3 Thomas E. Dietrich (State Bar No. 254282) tdietrich@crowell.com 4 CROWELL & MORING LLP 3 Park Plaza, 20th Floor 5 Irvine, California 92614-8505 Telephone: (949) 263-8400 6 Facsimile: (949) 263-8414 7 Attorneys for Defendant Eastman Kodak Company 8 9 UNITED STATES DISTRICT COURT 10 CENTRAL DISTRICT OF CALIFORNIA, SOUTHERN DIVISION 3 Park Plaza, 20th Floor Irvine, CA 92614-8505 (949) 263-8400 11 12 DIGITAL SPECTRUM SOLUTIONS, INC., 13 Plaintiff, 14 v. 15 EASTMAN KODAK COMPANY and 16 ATICO INTERNATIONAL USA, INC. and DOES 1 THROUGH 20, 17 Defendants. 18 CASE NO. SACV07-0729 JVS (RNBx) FINAL JUDGMENT 19 / / / 20 / / / 21 / / / 22 / / / 23 / / / 24 / / / 25 / / / 26 / / / 27 / / / 28 / / / Case No. SACV07-0729 JVS (RNBx) FINAL JUDGMENT Dockets.Justia.com 1 FINAL JUDGMENT 2 WHEREAS, on October 2, 2007, Defendant Eastman Kodak Company 3 (“Kodak”) filed a motion to dismiss Claims Two through Seven in the above4 captioned lawsuit (Docket Entry (“D.E.”) 8), and on December 14, 2007, this Court 5 granted Kodak’s motion with respect to Plaintiff Digital Spectrum Solutions, Inc.’s 6 (“Plaintiff” or “DSI”) Claims Three through Seven in the Complaint and denied 7 leave to amend (D.E. 39). This Court denied Kodak’s motion with respect to 8 Plaintiff DSI’s Claim Two for breach of contract; 9 WHEREAS, on January 7, 2008, Plaintiff DSI moved to amend its Complaint 10 (D.E. 41); this Court granted the motion in part on February 14, 2008 (D.E. 70); 11 WHEREAS, on February 21, 2008, Plaintiff DSI filed its First Amended 3 Park Plaza, 20th Floor Irvine, CA 92614-8505 (949) 263-8400 12 Complaint (D.E. 75), containing new Claims Three through Eight; 13 WHEREAS, on January 15, 2008, Kodak and co-defendant Atico 14 International USA, Inc. filed a Joint Motion for Summary Judgment on Claim One 15 (D.E. 43), which the Court granted on February 25, 2008 (D.E. 86); 16 WHEREAS, on March 10, 2008, Kodak filed a motion to dismiss Claims 17 Three through Eight of the First Amended Complaint (D.E. 81); 18 WHEREAS, On May 2, 2008, the Court granted Kodak’s motion to dismiss 19 Claims Three through Eight in the First Amended Complaint and denied leave to 20 amend (D.E. 103). Thus, the only remaining claim against Kodak pending before 21 this Court was Claim Two for breach of contract; 22 WHEREAS, on September 18, 2008, Plaintiff DSI voluntarily dismissed 23 Claim Two with prejudice, Plaintiff DSI stipulated to waive appeal rights to all 24 claims except as to Claim One of the First Amended Complaint (D.E. 123), and the 25 parties stipulated that each party would bear its own attorneys’ fees and costs; and 26 WHEREAS, on September 19, 2008, this Court ordered the case dismissed on 27 the terms stipulated by Plaintiff DSI and Kodak (D.E. 124). 28 / / / 1 FINAL JUDGMENT Case No. SACV07-0729 JVS (RNBx) 1 Accordingly, it is hereby ORDERED and ADJUDGED that judgment is 2 entered in favor of the Defendant Kodak and against Plaintiff DSI on all claims in 3 the Plaintiff’s Complaint and First Amended Complaint, including claims of 4 infringement. This constitutes a final judgment for purposes of appeal. While it is 5 understood that Kodak has additional defenses to Claim One, including but not 6 limited to invalidity positions, there is no need to address these defenses in view of 7 the non-infringement holding. Plaintiff DSI has waived its appeal rights as to all 8 claims except Claim One. Kodak and DSI to each bear their own costs and fees in 9 this matter. 10 Let the clerk send a copy of this Judgment to all parties of record. 11 3 Park Plaza, 20th Floor Irvine, CA 92614-8505 (949) 263-8400 12 IT IS SO ORDERED. 13 14 DATED: October 7, 2008 15 16 James V. Selna UNITED STATES DISTRICT JUDGE 17 18 19 Cam No. 025140.057 DC6392569.1 20 21 22 23 24 25 26 27 28 2 FINAL JUDGMENT Case No. SACV07-0729 JVS (RNBx)

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