Opinion
SACV 10-1066 JVS (RNBx)
04-10-2012
KRUSE TECHNOLOGY PARTNERSHIP, Plaintiff, v. DAIMLER AG; MERCEDES-BENZ USA, LLC; DETROIT DIESEL CORP.; WESTERN STAR TRUCK SALES, INC.; VOLKSWAGEN AG; VOLKSWAGEN GROUP OF AMERICA, INC., d/b/a AUDI OF AMERICA, INC.; CHRYSLER GROUP LLC; DAIMLER TRUCKS NORTH AMERICA LLC; MERCEDES-BENZ, U.S. INTERNATIONAL, INC.; and DAIMLER VANS MANUFACTURING LLC, Defendants. AND RELATED COUNTERCLAIMS.
John F. Sweeney (Pro Hac Vice) JS-6 Steven F. Meyer (Pro Hac Vice) LOCKE LORD LLP Stephen A. Tuggy (SBN 120416) LOCKE LORD LLP Los Angeles, California 90071 Attorneys for Defendants VOLKSWAGEN GROUP OF AMERICA, INC. AND VOLKSWAGEN AG
John F. Sweeney (Pro Hac Vice) JS-6
Steven F. Meyer (Pro Hac Vice)
LOCKE LORD LLP
Stephen A. Tuggy (SBN 120416)
LOCKE LORD LLP
Los Angeles, California 90071
Attorneys for Defendants
VOLKSWAGEN GROUP OF AMERICA, INC. AND VOLKSWAGEN AG
FINAL JUDGMENT AS TO
KRUSE AND THE VW
DEFENDANTS
Hon. James V. Selna
The Motion for Summary Judgment of Non-Infringement of Defendants Volkswagen AG and Volkswagen Group of America, Inc. (jointly, the "VW Defendants") came on for hearing before this Court on March 19, 2012. The Court granted the VW Defendants' motion for an order under Rule 56 of the Federal Rules of Civil Procedure that judgment be entered in favor of the VW Defendants and against Plaintiff Kruse Technology Partnership ("Kruse") on the grounds there is no genuine dispute as to any material fact and the VW Defendants are entitled to judgment of non-infringement of U.S. Patent Nos. 5,265,562 and 6,058,904 as a matter of law.
Thereafter, the VW Defendants and Kruse entered into a stipulation under which the VW Defendants agreed to dismiss their remaining counterclaims against Kruse seeking declaratory judgments of invalidity and unenforceability of U.S. Patent Nos. 5,265,562 and 6,058,904, without prejudice. In accordance with the above-described order and stipulation,
IT IS ORDERED, ADJUDGED, AND DECREED that:
(1) Judgment is entered in favor of the VW Defendants and against Kruse as to the claims of infringement of U.S. Patent Nos. 5,265,562 and 6,058,904 set forth in Kruse's Second Amended Complaint and as to the VW Defendants' counterclaims seeking declarations of non-infringement of those patents as set forth in the Answers of the VW Defendants;
(2) The VW Defendants' counterclaims against Kruse seeking declaratory judgments of invalidity and unenforceability of U.S. Patent Nos. 5,265,562 and 6,058,904 are dismissed, without prejudice; and
(3) Kruse takes nothing by way of its claims asserted against the VW Defendants and the parties reserve all issues for appeal.
_________________
Hon. James V. Selna
United States District Court Judge