`FOR THE DISTRICT OF DELAWARE
`
`ETHANOL BOOSTING SYSTEMS,LLC,
`and MASSACHUSETTSINSTITUTE OF
`TECHNOLOGY
`
`Plaintiffs,
`
`Vv.
`
`FORD MOTOR COMPANY
`
`Civil Action No. 19-cv-196-CFC-SRF
`JURY TRIAL DEMANDED
`
`Defendant.
`
`-PROROSED} FINAL JUDGMENT
`
`WHEREAS, on January 28, 2020, the Court issued a Claim Construction Order (D.I. 140)
`
`construing certain claims of U.S. Patent No. 8,069,839; U.S. Patent No. 9,255,519; U.S. Patent
`
`No.9,810,166; and U.S. 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 (DI. 142) in which,in light of the
`
`Court’s Claim Construction Order,
`
`the parties stipulated to the entry of a final, appealable
`
`judgmentof non-infringementof 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 assessmentof 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,theparties stipulate and agreethat 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 remandedto this Court for further
`
`proceedings following the expected appeal;
`
`IT IS HEREBY ORDERED AND ADJUDGED,thatfinal judgment hereby is entered
`
`in favor of Defendant Ford Motor Companyagainst Plaintiffs Ethanol Boosting Systems, LLC and
`
`the Massachusetts Institute of Technology.
`
`IT IS FURTHER ORDEREDthat 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 final judgment and may be appealed.
`
`SO ORDEREDthis// 1say of Edbiate , 2020
`
`
`The Honorable Colm F. ConnéHy
`United States District Judge
`
`Exhibit 3001
`Page 2 of 2
`
`Exhibit 3001
`Page 2 of 2
`
`
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