The opinion of the court was delivered by: Honorable Christina A. Snyder
CONSENT JUDGMENT AND RELATED COUNTERCLAIMS
This Consent Judgment is entered into between and among Ormco Corporation, ("Ormco"), and Align Technology, Inc. ("Align") (collectively, the "Parties"), through their respective counsel of record.
This action comes before the Court on the pleadings and proceedings of record and it has been represented to the Court that, pursuant to a Settlement Agreement, Ormco and Align have agreed to a settlement of all issues remaining for trial or otherwise the subject of pending motions and Align has waived any right to appeal any of the findings, judgments, rulings or orders entered by the Court in this action.
WHEREFORE, with the consent of Ormco and Align, through their undersigned attorneys, it is hereby finally ORDERED, ADJUDGED and DECREED as follows:
1. This Court has personal jurisdiction over the Parties and the subject matter of this action, including the enforcement of the Settlement Agreement entered among the Parties.
2. Claims 37, 38, 39, 40 and 69 of Ormco's U.S. Patent No. 6,616,444 are infringed by Align.
3. Claims 37, 38, 39, 40, 45 and 69 of Ormco's U.S. Patent No. 6,616,444 are not invalid.
4. Ormco's U.S. Patent No. 6,616,444 are not unenforceable.
5. Pursuant to the terms and conditions of the Settlement Agreement entered between Ormco and Align, the issues of damages, willfulness and attorneys' fees as they relate to Ormco's allegations of infringement of its patents have been fully settled and all remaining allegations that were made or could have been made by Ormco in Case No. SACV 03-16 CAS (ANx) are hereby dismissed with prejudice.
6. Ormco's pending Motion for a Permanent Injunction is hereby denied as moot.
7. All defenses and counterclaims that were made or could have been made by Align in Case No. SACV 03-16 CAS (ANx) are hereby dismissed with prejudice.
8. Except as set forth in the Parties' Settlement Agreement, each party shall bear its own ...