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Patent | California Central
Order
JUDGMENT by Judge Cynthia Valenzuela: Judgment is hereby entered in accordance with the Court's Order Granting in Part, Denying in Part, Plaintiff and Counter-Defendant Opus One Corporation, d.b.a., Contest Factory's Motion to Enforce Settl ement 90 . It is ORDERED, ADJUDGED, AND DECREED that judgment is entered in favor of Plaintiff and against Defendant and Counter-Plaintiff Wishpond Technologies, Ltd. in the amount of the settlement sum of $125,000.00. It is FURTHER ORDERED that Plaintiffs Claim of Patent Infringement is DISMISSED WITH PREJUDICE, and Defendant's counterclaims are DISMISSED WITHOUT PREJUDICE. (gk)
Enforce
ORDER GRANTING IN PART, DENYING IN PART PLAINTIFF'S MOTION TO ENFORCE SETTLEMENT by Judge Cynthia Valenzuela: Contest Factory's Motion 83 is GRANTED IN PART and DENIED IN PART. The Motion is granted to the extent it seeks enforcement of the 7/4/2025 settlement requiring Wishpond to pay Contest Factory $125,000 in exchange for termination of all claims and counterclaims in this action. The Motion is denied to the extent it seeks enforcement of terms contained only in Contest Factory's later draft agreement. Contest Factory's alternative request to reopen the merits litigation is DENIED AS MOOT. The Court will enter a separate Judgment that: (1) enters judgment in favor of Contest Factory and against Wishpond in the principal amount of $125,000; (2) dismisses Contest Factory's infringement claim with prejudice; (3) dismisses Wishpond's declaratory counterclaims for invalidity and noninfringement without prejudice. Attorney fees and costs are not adjudicated by this Order. Any motion for attorney fees must be filed in accordance with the applicable rules. (gk)
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