Update:
The New York district court docket contains the following entries. The New
York disctrict court case is now closed.
3/12/99 150 AMENDED STIPULATION AND ORDER of dismissal by and between
pltff Interactive Gift Express and defts Apogee Software
Ltd, that deft does not presently infringe any claims of
the Patent-in-Suit, US Patent #4,528,643, based on the
interpretation of the claims of that patent as determined
by this Court in its orders dated 5/15/98 and 11/30/98;
accordingly, on this basis, the parties agree to the entry
of judgment in deft's favor and the dismissal with
prejudice of the complaint against deft; each party agrees
to bear its own fees and costs ( signed by Judge Barbara S.
Jones ) (lam)
3/12/99 151 STIPULATED ORDER AND JUDGMENT that, based on the
interpretation of the claims of US Patent No. 4,528,643
("the '643 Patent") as determined by this Court in its
orders dated 5/13/98 and 11/30/98, none of the defts has in
the past infringed, or is now infringing, any claim of the
'643 Patent because no method, system or apparatus of any
deft includes any of the following limitations of claims
1,29 or 37 of the '643 Patent as set forth in the Court's
Claim Construction Order dated 5/13/98 at pp.41-44;
Accordingly, on this basis, the parties agree to the entry
of judgment in defts' favor and the dismissal on the merits
of the complaint against each deft; this stipulated order
and judgment in not intended to and does not affect or
dismiss any claim or claims upon any matter whatsoever that
E-Data now has or may have in the future against any other
person or entity, other than the defts named herein; this
stipulated order and judgment is also without prejudice to
E-Data's right to appeal from the claim constuction embodied
in the Court's orders of 5/13/98 and 11/30/98; any motion
for atty fees and/or costs may be filed at any time up until
the earlier of 30 days after a mandate issues from the US
Court of Appeals or within 20 days after the deadline passes
for filing a Notice of Appeal; the complaint is dismissed on
the merits ( signed by Judge Barbara S. Jones ); Mailed
copies and notice of right to appeal. (lam)
[Entry date 03/15/99] [Edit date 03/17/99]
3/12/99 -- Case closed (lam) [Entry date 03/17/99]
From:
carl@oppedahl.com
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