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Maury Microwave, Inc., A California Corporation v. Focus Microwaves Inc.

August 30, 2012

MAURY MICROWAVE, INC., A CALIFORNIA CORPORATION, PLAINTIFF,
v.
FOCUS MICROWAVES INC., A CANADIAN CORPORATION ALSO KNOWN AS FOCUS MICRO ONDES INC., DEFENDANT.



JS-6

[PROPOSED] FINAL JUDGMENT AND PERMANENT INJUNCTION Hon. Margaret M. Morrow AND RELATED COUNTERCLAIMS.

SMRH:.1 [PROPOSED] FINAL JUDGMENT AND PERMANENT INJUNCTION SLC-6706640-1

WHEREAS, the Court entered its CLAIM CONSTRUCTION ORDER on July 30, 2012 (D.I. 227); and

WHEREAS, the Court entered its ORDER ON MOTIONS FOR SUMMARY JUDGMENT on July 30, 2012 (D.I. 228); and

WHEREAS, Plaintiff and Counter-Defendant Maury Microwave, Inc. ("Maury") and Defendant and Counterclaimant Focus Microwaves Inc. ("Focus") have stipulated to entry of final judgment.

IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the following Final Judgment and Permanent Injunction in favor of Maury and against Focus is hereby granted:

1. This Court has jurisdiction over the subject matter of this action under the laws of the United States concerning actions relating to federal questions,

28 U.S.C. § 1331, and patents, 28 U.S.C. § 1338(a), and under the Federal Declaratory Judgments Act, 28 U.S.C. §§ 2201, 2202.

2. Venue is proper in this district under 28 U.S.C. §§ 1391(b), (c), and (d).

3. The Court has personal jurisdiction over the parties.

4. Based upon this Court's Claim Construction Order [D.I. 227], this Court held that Maury has not infringed any claim of Focus' U.S. Patent No. 6,674,293 ("the '293 patent") as a result of making, using, offering for sale, selling, importing, initializing, or calibrating the Series MT982M tuner.

5. Based upon this Court's Claim Construction Order, this Court held that Maury has not infringed any claim of Focus' U.S. Patent No. 7,034,629 ("the '629 patent) as a result of making, using, offering for sale, selling, importing, initializing, or calibrating the Series MT982M tuner.

6. Based upon this Court's Claim Construction Order, this Court held that the '629 patent, and each of its claims, is invalid.

7. Based upon this Court's Claim Construction Order, this Court held that Focus has infringed claim 1 of Maury's U.S. Patent No. 7,548,069 ("the '069 patent") as a ...


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