`
`SIGHTSOUND TECHNOLOGIES, LLC
`Exhibit 2001
`
`Page 00001
`
`
`
`counsel of their own choosing, and subject to the approval of the Court, the parties hereto now
`
`stipulate and consent to this Final Order and Judgment on Consent as set forth below.
`
`NOW THEREFORE, upon consent of the parties hereto,
`
`IT IS HEREBY ORDERED, ADJUDGED, AND DECREED, that:
`
`1)
`
`The Court has jurisdiction over the entire subject matter and parties in this action
`
`as set forth in the Complaint pursuant to 28 U.S.C. §§ 1331, 1332, and 1338.
`
`Venue is proper in this district as set forth in the Complaint pursuant to 28 U.S.C.
`
`2)
`
`3)
`
`§ 1391(b);
`
`Each of the Asserted Patents shall be deemed valid and enforceable;
`
`Plaintiff’s claims are hereby dismissed with prejudice as to acts occurring prior to
`
`February 12, 2004, and without prejudice as to all future acts;
`
`4)
`
`Defendants’ counterclaims as to noninfringement are hereby dismissed with
`
`prejudice as to acts occurring prior to February 12, 2004, and without prejudice as
`
`to all future acts, and their counterclaims as to validity and enforceability are
`
`hereby dismissed with prejudice;
`
`5)
`
`The parties hereto have waived appeal from or any other challenge to this Final
`
`Order and Judgment on Consent;
`
`6)
`
`Each party shall bear its own attorneys’ fees, expenses and costs that have accrued
`
`in connection with this action prior to entry of this Final Order;
`
`2
`
`Page 00002
`
`Page 00002
`
`
`
`7)
`
`This Court retainsjurisdiction over the parties hereto for the purpose of any
`
`proceedings to enforce this Final Order and Judgment on Consent, and the parties’
`
`Settlement Agreement dated February 12, 2004.
`
`SO ORDERED
`
`Dated:
`
`021 0101 a
`
`paw/[214% .
`
`Donetta W. Ambrose
`
`United States District Judge
`
`W
`
`The parties through their respective counsel hereby consent to the terms and conditions of
`
`this Final Order and Judgment on Consent as set forth herein and consent to the entry hereof, and
`
`waive any right of appeal therefrom. This Consent to Entry may be executed in one or more
`
`counterparts, each of which when so executed shall, together, constitute and be one and the same
`
`instrument.
`
`RichardF. Rinaldo(Pa.ID.No. 33222)
`
`MEYER, UNKOVIC & SCOTT LLP
`1300 Oliver Building
`Pittsburgh, PA 15222
`(412) 456-2800
`
`Of Counsel
`
`William K. Wells, Jr.
`Brian S. Mudge
`Mark M. Supko
`KENYON & KENYON
`
`1500 K Street, NW, Suite 700
`Washington, DC 20005
`(202) 220-4200
`
`Attorneys for Plaintiff
`SIGHTSOUNDCOM INC.
`
` Law & Finance Buildin
`
`429 Fourth Avenue
`
`Pittsburgh, PA 15219-1505
`
`Of Counsel
`
`Steven M. Hayes
`Monica Youn
`
`MANATT, PHELPS & PHILIPS, LLP
`500 Fifth Avenue, 38th Floor
`New York, New York 10110
`(212) 382-0200
`
`Attorneys for Defendants
`N2K, INC., CDNOW, INC., and
`CDNOW ONLINE, INC.
`
`Page 00003
`
`Page 00003
`
`