Opinion
2:22-cv-03513-MCS (RAOx)
07-09-2024
UPSTREAM HOLDINGS, LLC, Plaintiff, v. STEVEN C. BREKUNITCH, ERIC J. MORTENSON, BREK LEASING, LLC, CHARLES GARCIA, MARTIN LOPEZ SR., CARLOS LOPEZ, M&M Machinery, Defendants.
JUDGMENT (JS-6)
MARK C. SCARSI UNITED STATES DISTRICT JUDGE
On May 23, 2022 Plaintiff Upstream Holdings, LLC (“Upstream”) filed this action against Defendants Steven C. Brekunitch, Eric J. Mortenson, Brek Leasing, LLC, Charles Garcia, Martin Lopez Sr., Carlos Lopez, and M & M Machinery (“Defendants”) alleging infringement of U.S. Patent No. 10,519,668 (the “'668 Patent”). Complaint, ECF No. 1; First Amended Complaint, ECF No. 37. Defendants asserted counterclaims for declaratory judgments of invalidity and non-infringement of the '668 Patent, breach of contract, fraud, unjust enrichment, and constructive trust against Upstream, Midway Metals, LLC, Eric Bachman, Andrew Bachman, Adella Bachman, and James Bachman (“Counterclaim Defendants”). Answer and Counterclaims, ECF No. 50; First Amended Counterclaims, ECF No. 102
Pursuant to the Court's October 30, 2023 Order Granting Defendants' Motion for Summary Judgment of Noninfringement [ECF No. 160] and April 22, 2024 Order Granting Defendants' Motion to Dismiss Counterclaims without Prejudice [ECF No. 233], the Court orders, adjudges, and decrees:
1. Final judgment is hereby entered in favor of Defendants with respect to Upstream's claim for patent infringement. Upstream shall take nothing from its claim against Defendants.
2. Defendants' counterclaims are dismissed without prejudice. Defendants shall take nothing from their counterclaims against Counterclaim Defendants.
3. The Court will address Defendants' motion for costs and attorneys' fees in a separate order. Fed.R.Civ.P. 54(d).
IT IS SO ORDERED.