`FOR THE DISTRICT OF DELAWARE
`
`ETHANOL BOOSTING SYSTEMS, LLC,
`and MASSACHUSETTS INSTITUTE OF
`
`TECHNOLOGY
`
`Civil Action No. 19-cv-l96-CFC-SRF
`
`Plaintiffs,
`
`JURY TRIAL DEMANDED
`
`V.
`
`FORD MOTOR COMPANY
`
`Defendant.
`
`
`“WE FINAL JUDGMENT
`
`WHEREAS, on January 28, 2020, the Court issued a Claim Construction Order (D.I. 140)
`
`construing certain claims of US. Patent No. 8,069,839; US. Patent No. 9,255,519; US. Patent
`
`No. 9,810,166; and US. Patent No. 10,138,826 (the “Asserted Patents”); and
`
`WHEREAS, on February 11, 2020, Plaintiffs Ethanol Boosting Systems, LLC and the
`
`Massachusetts Institute of Technology (“Plaintiffs”) and Defendant Ford Motor Company
`
`(“Defendant”) entered a Joint Stipulation of Non-Infringement (D1. 142) in which, in light of the
`
`Court’s Claim Construction Order,
`
`the parties stipulated to the entry of a final, appealable
`
`judgment of non-infringement of all Asserted Patents against Plaintiffs and in favor of Defendant;
`
`and
`
`WHEREAS, the parties’ Joint Stipulation of Non-Infringement resolved all affirmative
`
`claims asserted by Plaintiffs Ethanol Boosting Systems, LLC and the Massachusetts Institute of
`
`Technology in this action;
`
`WHEREAS, Defendant Ford Motor Company stipulates and agrees to defer any request
`
`for assessment of costs, including under Federal Rule of Civil Procedure 54(d) and Local Rules
`
`54.1, or a motion seeking attorneys’ fees, including under Federal Rule of Civil Procedure 54(d)
`
`Exhibit 3001
`
`Page 1 of 2
`
`Exhibit 3001
`Page 1 of 2
`
`
`
`and Local Rule 54.3, related to the litigation until all appeals regarding the Asserted Patents have
`
`been exhausted; and
`
`WHEREAS, the parties stipulate and agree that all of Defendant Ford Motor Company’s
`
`unadjudicated defenses and counterclaims asserted in Defendant’s answers and counterclaims
`
`relating to the Asserted Patents, including those relating to the invalidity of the Asserted Patents,
`
`are reserved and to be dismissed without prejudice, subject to Defendant’s right to reassert such
`
`counterclaims and affirmative defenses should this matter be remanded to this Court for further
`
`proceedings following the expected appeal;
`
`IT IS HEREBY ORDERED AND ADJUDGED, that final judgment hereby is entered
`
`in favor of Defendant Ford Motor Company against Plaintiffs Ethanol Boosting Systems, LLC and
`
`the Massachusetts Institute of Technology.
`
`IT IS FURTHER ORDERED that the deadline for Defendant to file any motions for
`
`attorneys’ fees pursuant to Federal Rule of Civil Procedure 54(d)(2)(B)(i) shall be extended until
`
`14 days after the completion of any appeal from this Judgment.
`
`This is a finaljudgment and may be appealed.
`
`so ORDERED this 1/ “day of Edam? ,2020
`
`
`The Honorable Colm F. Conn
`United States District Judge
`
`y
`
`Exhibit 3001
`
`Page 2 of 2
`
`Exhibit 3001
`Page 2 of 2
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
