`
`FOR THE WESTERN DISTRICT OF PENNSYLVANIA
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`Sightsound.com Inc.,
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`plaintiff,
`
`V_
`
`NZK Inc. CDnow Inc. and
`
`CDnow Online, Inc.,
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`Defendants.
`
`
`
`CIVIL ACTION
`
`No. 98-0118
`
`Chief Judge Donetta W. Ambrose
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`FINAL ORDER AND JUDGMENT ON CONSENT
`
`Plaintiff Sightsound.com Incorporated, (“Sightsound”) filed this patent infringement
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`action against Defendant N2K, Inc. (“NZK”) on January 16, 1998, alleging infringement of U.S.
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`U.S. Patent No. 5,191,573 (“the ’573 patent”), issued March 2, 1993 and U.S. Patent No.
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`5,675,734 (“the ‘734 patent”), issued October 7, 1997. On March 31, 2000, Sightsound amended
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`its Complaint to join Defendants CDnow, Inc., and CDnow Online Inc., (collectively “CDnow”),
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`alleging infringement of the ’573 and ’734 patents, as well as infringement of U.S. Patent No.
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`5,966,440 (“the ’440 patent”), issued October 12, 1999, (collectively “the Asserted Patents”).
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`WHEREAS upon the representation of Defendants N2K and CDnow through their
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`counsel that, without conceding infringement or other liability resulting from their prior activities
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`in the music download business, neither Defendant N2K nor CDnow contests the validity or
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`enforceability of any of the Asserted Patents;
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`WHEREAS, upon the representation of the parties through their respective counsel that
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`the parties have settled this case;
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`1 AND WHEREAS, upon the representation of the parties through their respective counsel
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`that the parties have consulted among themselves, each other, and each with the assistance of
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`
`
`
`
`
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`counsel of their own choosing, and subject to the approval of the Court, the parties hereto now
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`stipulate and consent to this Final Order and Judgment on Consent as set forth below.
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`NOW THEREFORE, upon consent of the parties hereto,
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`IT IS HEREBY ORDERED, ADJUDGED, AND DECREED, that:
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`1)
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`The Court has jurisdiction over the entire subject matter and parties in this action
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`as set forth in the Complaint pursuant to 28 U.S.C. §§ 1331, 1332, and 1338.
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`Venue is proper in this district as set forth in the Complaint pursuant to 28 U.S.C.
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`2)
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`3)
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`§ 1391(b);
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`Each of the Asserted Patents shall be deemed valid and enforceable;
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`Plaintiffs claims are hereby dismissed with prejudice as to acts occurring prior to
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`February 12, 2004, and without prejudice as to all future acts;
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`4)
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`Defendants’ counterclaims as to noninfringement are hereby dismissed with
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`prejudice as to acts occurring prior to February 12, 2004, and without prejudice as
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`to all future acts, and their counterclaims as to validity and enforceability are
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`hereby dismissed with prejudice;
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`5)
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`The parties hereto have waived appeal from or any other challenge to this Final
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`Order and Judgment on Consent;
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`6)
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`Each party shall bear its own attorneys’ fees, expenses and costs that have accrued
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`in connection with this action prior to entry of this Final Order;
`
`2
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`Page 00002
`
`Page 00002
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`
`
`7)
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`This Court retainsjurisdiction over the parties hereto for the purpose of any
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`proceedings to enforce this Final Order and Judgment on Consent, and the parties’
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`Settlement Agreement dated February 12, 2004.
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`SO ORDERED
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`Dated:
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`011 0101 E
`
`Mzcczfii/cg./_@44¢¢;
`
`Donetta W. Ambrose
`
`United States District Judge
`
`CONSENT TO ENTRY
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`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
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`waive any right of appeal therefrom. This Consent to Entry may be executed in one or more
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`counterparts, each of which when so executed shall, together, constitute and be one and the same
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`instrument.
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`chardF. Rinaldo(Pa.I.D.No. 33222)
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`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
`SIGHTSOUND.COM INC.
`
` Law & Finance Buildin
`
`429 Fourth Avenue
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`Pittsburgh, PA 15219-1505
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`Of Counsel
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`Steven M. Hayes
`Monica Youn
`
`MANATT, PHELPS & PHILIPS, LLP
`500 Fifth Avenue, 38th Floor
`New York, New York 10110
`(212) 382-0200
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`Attorneys for Defendants
`N2K, INC., CDNOW, INC., and
`CDNOW ONLINE, INC.
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`Page 00003
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`Page 00003
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