Order | Filed: April 06, 2015
| Entered: April 06, 2015
Evergreen Solar, Inc. v. U.S. Department of Energy et al
Other Statutory Actions | New York Southern
Stipulation and Order of Dismissal
STIPULATION AND ORDER OF SETTLEMENT AND DISMISSAL: IT IS HEREBY STIPULATED AND AGREED by and between Plaintiff, Max Era, and Defendants as follows: 1. Plaintiff hereby agrees to the entry of the Consent Judgment regarding DOE's counterclaim attached hereto as Exhibit A. 2. Plaintiff agrees to transfer to DOE the entire right, title, and interest in and to the Gemini Method, including the Gemini Patents, as set forth in the Patent Assignment attached hereto as Exhibit B. 3. Based on and limited by Davis' Due Diligence, Plaintiff warrants that: (a) Plaintiff is the legal owner of all right, title, and interest in the Gemini Method, including the Gemini Patents; (b) such rights have not been previously licensed, pledged, assigned, or encumbered; and (c) the assignment of such rights from Plaintiff to the United States Government, as represented by DOE, does not infringe on the rights of any person. Plaintiff agrees to cooperate with the United States Government and to execute and deliver all papers, instruments, and assignments as may be necessary to vest all right, title, and interest in and to the Gemini Method, including the Gemini Patents, in the United States Government. 4. Defendant Ernest Moniz, U.S. Secretary of Energy, sued in his official capacity, shall be substituted for Defendant Steven Chu. 5. All claims against Defendants DOE and Ernest Moniz are dismissed with prejudice. 6. DOE agrees to grant a nonexclusive license to Max Era concerning the use of the Gemini Patents, as set forth in the Nonexclusive Patent License ("License") attached hereto as Exhibit C, and which License shall only become effective upon endorsement by the Court of this Stipulation and Order of Settlement, and the entry of the Consent Judgment. 7. Plaintiff stipulates and agrees to accept DOE's grant of the License to Max Era in full settlement and satisfaction of any and all claims and demands that Plaintiff and its heirs, executors, successors in interest, administrators or assigns may have or hereafter acquire against the Defendants on account of the alleged facts, events, incidents, or circumstances giving rise to this Action and claims incident thereto. Plaintiff hereby releases and forever discharges Defendants and Max Era from any and all claims and liability arising directly or indirectly from the alleged facts, events, incidents, and circumstances giving rise to or referred to in the Action. 8. Max Era stipulates and agrees to accept DOE's grant of the License to Max Era in full settlement and satisfaction of any and all claims and demands that Max Era and its heirs, executors, successors in interest, administrators or assigns may have or hereafter acquire against the Defendants on account of the alleged facts, events, incidents, or circumstances giving rise to this Action and claims incident thereto. Max Era hereby releases and forever discharges Defendants, Plaintiff and Davis from any and all claims and liability arising directly or indirectly from the alleged facts, events, incidents, and circumstances giving rise to or referred to in the Action. 9. The parties, including Plaintiff, Defendants, and Max Era, understand and agree that this Stipulation and Order contains the entire agreement between them, and that no statements; representations, promises, agreements, or negotiations, oral or otherwise, between the parties or their counsel that are not included herein shall be of any force or effect. 10. This Stipulation and Order will become effective only when approved by the Court, and if not so approved, this Stipulation and Order, and all exhibits thereto, shall be null and void, with no force or effect. SO ORDERED. (Signed by Judge Analisa Torres on 4/6/2015) (ajs)