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United States District Court

Northern District of California

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

BESTWAY (USA), INC., et al.,

Plaintiffs,

v.

PIETRO PASQUALE-ANTONI SGROMO, 

et al.,

Defendants.

Case No. 17-cv-00205-HSG 

AMENDED JUDGMENT

Having ordered the funds distributed and discharged the interpleader, see Dkt. No. 107, 

and awarded attorneys’ fees and costs to Plaintiffs, the Court enters this amended judgment as 

follows:

1. Plaintiffs Bestway (USA) Inc., Bestway (Hong Kong) International Ltd., and 

Bestway Inflatables and Material Corporation’s (collectively, “the Bestway 

Companies” or “Plaintiffs”) having brought this interpleader action to determine 

who owns certain royalties, which are currently in escrow and flow from two 

license agreements (“Royalty Payment”), are deemed innocent stakeholders of such 

Royalty Payment; and the Bestway Companies are discharged from this matter 

upon depositing with the registry of the Court the Royalty Payment, reduced by the 

fees and costs awarded to the Bestway Companies under their granted fees motion, 

as described below.

2. Within 30 days of the entry of this Judgment, the Bestway Companies shall deposit 

with the registry of the Court the present value of the Royalty Payment, accrued 

under the ’440 Patent License Agreement and the Slide License Agreement, 

reduced by the $82,541.70 in fees and costs awarded to the Bestway Companies 
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United States District Court

Northern District of California

under their granted fees motion, see Dkt. No. 144.

3. The Royalty Payment deposited with the registry of the Court shall be disbursed in 

accordance with this Court’s findings on summary judgment that Defendant Scott 

was at the time of the ‘440 Patent License Agreement, Dkt. No. 79-6, the owner of 

all right, title, and interest to U.S. Patent No. 7,046,440; that Defendant Eureka was 

the owner of all rights with respect to the products that are the subject of the Water 

Slide License Agreement, Dkt. No. 79-7, at the time that the Water Slide 

Agreement was entered; and that Defendants Scott and Eureka are entitled to all 

royalties accrued under the ‘440 Patent License Agreement and the Water Slide 

License Agreement, subject to the above-referenced reduction for fees and costs 

awarded to the Bestway Companies under their granted fees motion.

4. The Bestway Companies and their past, present, and future parents, subsidiaries, 

affiliates, successor, predecessors, assignees, agents, producers, servants, 

employees, officers, directors, principals, representatives, attorneys, and insurers 

are hereby released and discharged from all liability by Defendants Pietro 

Pasquale-Antonio Sgromo (a/k/a Peter Anthony Sgromo), Wagmore & Barkless 

LLC, Leonard Gregory Scott, and Eureka Inventions LLC or any other entity 

claiming an interest, on account of all claims pertaining to the Royalty Payment.

5. To the fullest extent provided by 28 U.S.C. § 2361, Defendants are permanently 

and perpetually restrained and enjoined from filing or prosecuting any claim in any 

federal or state court pertaining to the Royalty Payment.

Per the Court’s May 14, 2019 order, Dkt. No. 153, all deadlines imposed by the amended 

judgment remain stayed until after all appeals have been resolved in this case.

IT IS SO ORDERED.

Dated:

______________________________________

HAYWOOD S. GILLIAM, JR.

United States District Judge

5/31/2019