# In the United States Court of Federal Claims

No. 04-1376C Filed: June 12, 2014

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* NET RESULTS, INC., *
* Plaintiff, *
*
v. *
* THE UNITED STATES, *
*
Defendant. *
*
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STIPULATED FINAL JUDGMENT ORDER

On June 11, 2014, the parties filed a Stipul ation For The Entry Of Judgment, which stipulates that:

1. Net Results, Inc. warrants that it is the exclusive owner of all right, title, and interest in U.S. Patent Number 5,680,048 (the ’048 patent), and it has the ri ght to sell, assign, and/or grant licenses in the ’048 patent. As used herein, the term “’048 patent” means any reexamined or reissued version of same , including any patent issuing from any continuation, continuation-in-part, or divisi onal application claimi ng priority from the application that issued as the ’048 patent, and any fo reign counterpart patent.

2. Net Results, Inc. brought this action pursuant to 28 U.S.C. § 1498(a) seeking reasonable and entire compensation for the alleged infr ingement by or for the Government of the ’048 patent.

3. Net Results, Inc. has submitted a written offer to the Government to settle this action by:

a. Releasing the Government from any and all claims for infringement, or unauthorized manufacture or use by or for the Governme nt, of any subject matter claimed in the ’048 patent;

b. Releasing the Government from any claims that were brought or could have been brought in Net Results, Inc. v. United States , Case Number 04-1376C (Fed. Cl.), with regard to the ’048 patent, in cluding claims under the Forei gn Military Sales Act; and

c. Granting to the Government a worldwide, exclusive, irrevocable, and fully paid-up
license for the Government or any person acting on its behalf to manufacture, make,use, offer to sell, sell, sublicense, import, export, or exercise any other right Net Results, Inc. may have in or to any subjec t matter described or claimed in the ’048
patent.

4. The Government, by its authorized representa tive of the Attorney General, has duly agreed to accept this offer.

5. In consideration for this Stipulation for Entry of Judgment and the terms set forth in paragraph 3 above, the Government agrees to release Net Results, Inc. from any claims that were brought or could have been brought in Net Results, Inc. v. United States , Case Number 04-1376C (Fed. Cl.) with regard to the ’048 patent. The parties have further agreed that a final judgment in this action be entered in favor of Net Results, Inc. and against the Government for the total lump sum of ten million two hundred fifty thousand dollars ($10,250,000). Said judgment shall not be appealed by either party.

6. In accordance with the terms of the offe r and the acceptance, and to secure the performance thereof, the Government, by its au thorized representative of the AttorneyGeneral, and Net Results, Inc. hereby enter into this Stipulation to be filed in the aboveidentified action for the purpose of causing a final judgment to be entered against the
Government in accordance with the terms set forth above.

7. Each party shall bear its ow n costs and attorneys’ fees.

The Clerk of the Court is dire cted to enter judgment cons istent with th e June 11, 2014 Stipulation and this Order, including a judgment for $10,250,000 against the Government.

IT IS SO ORDERED

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s/ Susan G. Braden

SUSAN G. BRADEN Judge