Originally posted by Cutriss
GameTechChris sends us word that Konami has announced a settlement with RedOctane in the matter of Konami v. Roxor et al. In reviewing the court documentation on the case, it was also learned that the proposed settlement mentioned last week with Roxor Games has been accepted by the court.
Below is the text of that settlement, though no mention of the intellectual property of In The Groove is made in the terms. No terms were made public in the settlement of RedOctane. Also worth noting is that the suit against MadCatz is still active.
Below is the text of that settlement, though no mention of the intellectual property of In The Groove is made in the terms. No terms were made public in the settlement of RedOctane. Also worth noting is that the suit against MadCatz is still active.
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
MARSHALL DIVISION
KONAMI CORPORATION, )
Plaintiff )
)
v. ) No. 2:05*cv*00173*LED
)
ROXOR GAMES, INC., )
MAD CATZ, INC., and )
REDOCTANE, INC., )
Defendants. )
)
AGREED ORDER TO DISMISS WITH PREJUDICE
Before the Court is the Motion for Dismissal With Prejudice and the Stipulation of
Dismissal With Prejudice, in which the Defendant Roxor Games, Inc. admits and stipulates that
(i) U.S. Patent No. 6,410,835 is fully enforceable and there exists no ground or reason for any
unenforceability thereof; (ii) each and every of claims 11*15, 17*26, and 28*51, inclusive (the
``Asserted Patent Claims'') of the patent*in*suit is fully valid and there exists no ground or reason
for any invalidity thereof; and (iii) any direct or indirect making, producing, having made and
produced, importing, exporting, using, marketing, offering to sell and selling of the products of
Defendant Roxor Games, Inc. that are accused in this lawsuit infringes the Asserted Patent
Claims of the patent*in*suit and that no defense exists regarding a claim or action of such
infringement. The Court, after reviewing the Motion and Stipulation, is of the opinion that the
Motion should be granted. It is therefore,
ORDERED that Defendant Roxor Games, Inc., and officers, agents, servants, employees,
and any person in active concert or participation with them, are hereby permanently enjoined
from, direct or indirectly, making, having made, importing, using, offering to sell or lease, and/or
selling or leasing, or assisting, causing, inducing, or agreeing with any other entity to make, have
Case 2:05*cv*00173*LED*JDL Document 132*2 Filed 10/20/2006 Page 1
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made, import, use, offer to sell or lease, and/or sell or lease, any dance games and other rhythmic
games that use computer technology to infringe one or more of the Asserted Patent Claims,
specifically including, without limitation, the In The Groove(R) dance video game, including,
but not limited to, all generations of Roxor's In The Groove(R) arcade dance games, In The
Groove(R) home console dance games, and In The Groove(R) personal computer dance games.
FURTHER ORDERED that that all claims and counterclaims between Plaintiff Konami and
Defendant Roxor Games, Inc. are dismissed with prejudice to the refiling of the same, with all costs
and fees to be borne by the party incurring such costs and fees, and that Defendant Roxor Games,
Inc., having no further claims pending in the present case by or against it, is hereby dismissed from
this action.
Case 2:05*cv*00173*LED*JDL Document 132*2 Filed 10/20/2006 Page 2
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FOR THE EASTERN DISTRICT OF TEXAS
MARSHALL DIVISION
KONAMI CORPORATION, )
Plaintiff )
)
v. ) No. 2:05*cv*00173*LED
)
ROXOR GAMES, INC., )
MAD CATZ, INC., and )
REDOCTANE, INC., )
Defendants. )
)
AGREED ORDER TO DISMISS WITH PREJUDICE
Before the Court is the Motion for Dismissal With Prejudice and the Stipulation of
Dismissal With Prejudice, in which the Defendant Roxor Games, Inc. admits and stipulates that
(i) U.S. Patent No. 6,410,835 is fully enforceable and there exists no ground or reason for any
unenforceability thereof; (ii) each and every of claims 11*15, 17*26, and 28*51, inclusive (the
``Asserted Patent Claims'') of the patent*in*suit is fully valid and there exists no ground or reason
for any invalidity thereof; and (iii) any direct or indirect making, producing, having made and
produced, importing, exporting, using, marketing, offering to sell and selling of the products of
Defendant Roxor Games, Inc. that are accused in this lawsuit infringes the Asserted Patent
Claims of the patent*in*suit and that no defense exists regarding a claim or action of such
infringement. The Court, after reviewing the Motion and Stipulation, is of the opinion that the
Motion should be granted. It is therefore,
ORDERED that Defendant Roxor Games, Inc., and officers, agents, servants, employees,
and any person in active concert or participation with them, are hereby permanently enjoined
from, direct or indirectly, making, having made, importing, using, offering to sell or lease, and/or
selling or leasing, or assisting, causing, inducing, or agreeing with any other entity to make, have
Case 2:05*cv*00173*LED*JDL Document 132*2 Filed 10/20/2006 Page 1
of2
made, import, use, offer to sell or lease, and/or sell or lease, any dance games and other rhythmic
games that use computer technology to infringe one or more of the Asserted Patent Claims,
specifically including, without limitation, the In The Groove(R) dance video game, including,
but not limited to, all generations of Roxor's In The Groove(R) arcade dance games, In The
Groove(R) home console dance games, and In The Groove(R) personal computer dance games.
FURTHER ORDERED that that all claims and counterclaims between Plaintiff Konami and
Defendant Roxor Games, Inc. are dismissed with prejudice to the refiling of the same, with all costs
and fees to be borne by the party incurring such costs and fees, and that Defendant Roxor Games,
Inc., having no further claims pending in the present case by or against it, is hereby dismissed from
this action.
Case 2:05*cv*00173*LED*JDL Document 132*2 Filed 10/20/2006 Page 2
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