Sram Corp v. AD-II Eng Inc

MOTION

N.D. Ill.August 2, 2010

In the United States District Court for the Northern District of Illinois Eastern Division SRAM Corporation, ) Plaintiff ) v. ) AD-II Engineering, Inc., ) Defendant. ) Civil Action No. 00-CV-6675 ________________________) Civil Action No. 01-CV-62 ) (Consolidated) AD-II Engineering, Inc., ) Plaintiff, ) Judge Robert W. Gettleman v. ) SRAM Corporation, ) Defendant. ) DEFENDANT AD-II ENGINEERING, INC.’S MOTION FOR ENTRY OF FINAL JUDGMENT Defendant AD-II Engineering, Inc. (“AD-II”) hereby moves for entry of final judgment in its favor based upon the decision of the United States Court of Appeals for the Federal Circuit. SRAM Corp. v. AD-II Engineering, Inc., No. 2009-1170, 367 Fed.Appx. 150, 2010 WL 743885 (Fed. Cir. Feb. 26, 2010). The Federal Circuit reversed this Court’s December 16, 2008 order of final summary judgment of liability in favor of SRAM Corporation (for which SRAM, LLC has been substituted). See also Exhibit A (first page of Federal Circuit Judgment in appeal No. 2009-1170). In this Court’s Order of December 16, 2008 (Ex. B), this Court “stay[ed] the issue of an accounting (including assessment of damages and willful infringement) until the appeal of the summary judgment order of liability is concluded.” See also the minute entry of the same date (Ex. C) (“The Court stays the issue of an accounting until the appeal of the summary judgment order of liability is concluded”). Case: 1:00-cv-06675 Document #: 387 Filed: 08/02/10 Page 1 of 3 PageID #:3524 Based upon the Federal Circuit’s decision, final judgment should now be entered in favor of AD-II Engineering, Inc., and against SRAM, LLC. AD-II submits a proposed form of the Final Judgment (Ex. D). Counsel for AD-II contacted counsel for SRAM, LLC concerning this motion and proposed Final Judgment but has not received a response. Dated: August 2, 2010 /s/ James T. Malysiak James T. Malysiak Richard P. Campbell Jenner & Block LLP 353 N. Clark Street Chicago, Illinois 60654-3456 Telephone: 312-923-2813 Facsimile: 312-923-2913 Michael T. Brady Miller & Chevalier Chartered 655 Fifteenth Street, N.W., Suite 900 Washington, D.C. 20005-5701 Telephone: (202) 626-5800 Facsimile: (202) 628-0858 Attorneys for AD-II Engineering, Inc. 2 Case: 1:00-cv-06675 Document #: 387 Filed: 08/02/10 Page 2 of 3 PageID #:3525 CERTIFICATE OF SERVICE The undersigned counsel for AD-II Engineering, Inc. hereby certifies that on August 2, 2010, a true and correct copy of the foregoing AD-II Engineering, Inc.’s Motion for Entry of Final Judgment and Exhibits A through D were filed with the Court and served electronically by the Court’s CM/ECF System to all registered users as listed below: Robert E. Browne Dexter G. Benoit Neal, Gerber & Eisenberg LLP 2 North LaSalle Street Chicago, Illinois 60602 Telephone: 312-269-8000 Facsimile: 312-269-1747 (Via ECF) Richard B. Walsh, Jr. Frank B. Janoski Keith J. Grady Michael J. Hickey Lewis, Rice & Fingersh, L.C. 500 North Broadway Suite 2000 St. Louis, Missouri 63102 Telephone: 314-444-7600 Facsimile: 314-241-6056 (Via ECF) /s/ James T. Malysiak One of the Attorneys for AD-II Engineering, Inc. 3 Case: 1:00-cv-06675 Document #: 387 Filed: 08/02/10 Page 3 of 3 PageID #:3526