Case Closed? Judge Grants Saint-Gobain's Motion to Vacate Judgment Against Xinyi and Dismiss Case with Prejudice
August 26, 2010

A U.S. District judge in Ohio has issued an order granting Saint-Gobain's motion to vacate the judgment made earlier this year against Xinyi Glass for patent infringement and to dismiss the long-running case with prejudice. The order comes just two weeks after the companies announced that they'd entered into a settlement agreement and had agreed that "all proceedings [would be] terminated … without admission of any infringement liability on either side." The settlement documentation was filed both with the U.S. District Court for the Northern District of Ohio and the Hong Kong Stock Exchange, though terms were not disclosed.

This week's order to vacate the $24 million judgment was signed by U.S. District Judge Sara Lioi, who has overseen the case, which was filed in November 2006. In the order, Lioi writes that her decision to grant the motion was made "upon the Court's determination that exceptional circumstances support vacatur inasmuch as the resolution of this case is part of a global settlement that resolves litigation in the United States and in China."

However, Lioi does note, "This Order of Vacatur does not affect any other opinion or order of this Court except for the Judgments described above."

Saint-Gobain had filed the motion earlier this week that the judgment be vacated and the case dismissed with prejudice, citing the settlement.

"The parties' settlement agreement in this matter resolves all outstanding litigation between the parties … " wrote Saint-Gobain.

Xinyi also had moved to remove its pending post-trial motion for a renewed judgment as a matter of law or for a new trial, which had been filed on April 28.

Though details of the recently announced settlement have not been disclosed, the companies sasy they have "entered into license agreements on other patents of Saint-Gobain for the use by [Xinyi] for its production and sales purposes."

Both companies have issued nearly identical statements regarding the settlement, but neither has commented further on the details involved.

The original suit filed by Saint-Gobain alleged that Xinyi had infringed on two of its patents, titled "Spacer for Windshield Bracket" and "Method of Centering Windshield Glazings."

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