`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`MIDWEST ENERGY EMISSIONS
`CORP. and MES Inc.,
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`Plaintiffs,
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`v.
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`ARTHUR J. GALLAGHER & CO., et al.,
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`Defendants.
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`)
`)
`)
`)
`)
`)
`)
`)
`)
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`JURY TRIAL DEMANDED
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`C.A. No. 19-1334 (CJB)
`
`ORDER AND OPINION GRANTING PLAINTIFF’S MOTION FOR SUMMARY
`JUDGMENT THAT THE VISTRA AND NRG LICENSES DO NOT PRECLUDE
`LIABILITY BASED ON PRE-EXECUTION ACTIVITIES
`
` On March 6, 2024, the Court ordered that the parties submit a proposed stipulated
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`summary judgment in favor of Plaintiffs with regard to Defendants’ defense of express license.
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`D.I. 696.
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`On March 11, 2024, the parties submitted a stipulation and proposed order in accordance
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`with that order.
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`Specifically, reserving all rights to appeal the Court’s legal determination that the Vistra
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`and NRG agreements preserved ME2C’s right to pursue indirect infringement claims predating
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`the Effective Dates of the respective agreements against refined coal entities that operated at Vistra
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`and NRG power plants, D.I. 586, the CERT Defendants stipulated that based on the Court’s
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`interpretation of the Vistra and NRG agreements as a matter of law, Plaintiffs are entitled to
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`summary judgment that the Vistra and NRG agreements do not preclude liability for Defendants
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`Bascobert (A) Holdings, Rutledge, Senescence, and Spring Hill for indirect infringement based on
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`any activities at Vistra or NRG plants predating the Effective Dates of the respective agreements.
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`1
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`
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`Case 1:19-cv-01334-CJB Document 711 Filed 03/12/24 Page 2 of 2 PageID #: 18021
`Case 1:19-cv-01334-CJB Document 711 Filed 03/12/24 Page 2 of 2 PagelD #: 18021
`
`Consistent with the Court’s order directing the parties’ to submit a stipulated summary
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`judgment in Plaintiffs’ favor on this issue, D.I. 696, and with the Court’s interpretation of the
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`Vistra and NRG agreements as a matter of law, D.I. 586, the parties hereby stipulate to entry of
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`summary judgmentin favor of Plaintiffs with regard to Defendants’ defense of expresslicense.
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`In DI. 586, the Court interpreted the Vistra and NRG licenses. The Court reiterates and
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`incorporatesthat analysis here. Based on the Court’s interpretation of the Vistra and NRGlicenses
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`as a matter of law, the Court finds that Plaintiffs are entitled to summary judgmentthat the Vistra
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`and NRG agreements do not precludeliability for Defendants Bascobert (A) Holdings, Rutledge,
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`Senescence, and Spring Hill for indirect infrmgement based on any activities at Vistra or NRG
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`plants predating the Effective Dates of the respective agreements. Summary judgmentis therefore
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`entered against Defendants on their express license defense regarding Plaintiffs’ claims of indirect
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`infringement based on any activities at Vistra or NRG plants before the Effective Dates of the
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`respective agreements.
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`SO ORDERED, this 12th day of March, 2024.
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` Cdasatatien op Padi
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`GISTRATE JUDGE
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`DISTRICT OF DELAWARE
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