The opinion of the court was delivered by: Honorable John F. Walter
Plaintiff's Motion for Summary Judgment of Invalidity and Non-Infringement of Defendants' U.S. Patent No. 7,309,302 ("the '302 patent"), Docket No. 75, came before the Honorable John F. Walter, District Judge Presiding. The evidence presented having been fully considered and a decision having been fully rendered on October 31, 2012, in the Court's Order, Docket No. 104, the Court enters final judgment as follows.
IT IS ORDERED AND ADJUDGED that:
1. This Court has subject matter jurisdiction over this action and has personal jurisdiction over the parties.
2. The '302 patent is invalid for indefiniteness under 35 U.S.C. § 112.
3. The '302 patent has a prior art "critical date" of March 27, 2000.
4. The '302 patent is invalid for anticipation under 35 U.S.C. § 102(b).
5. The '302 patent is invalid for obviousness under 35 U.S.C. § 103(a).
6. Plaintiff has not engaged in any acts of potential direct infringement of the '302 patent under 35 U.S.C. § 271(a).
7. Plaintiff has not engaged in any acts of potential indirect infringement of the '302 patent under 35 U.S.C. § 271(b)-(c).
8. The accused infringing products do not infringe the '302 patent because they are water slides, they have been consistently called water slides, and they are intended for use only as water slides.
9. Plaintiff is entitled to costs as the prevailing party.
10. This Court retains jurisdiction over this action for purposes of any further post-judgment proceedings, including but not limited to any motion for ...