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]
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
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
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
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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