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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 

JUDGMENT

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

and awarded attorneys’ fees and costs to Plaintiffs, see Dkt. No. 144, the Court enters 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 

$81,911.70 in fees and costs awarded to the Bestway Companies under their granted 

fees motion, see Dkt. No. 144.
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United States District Court

Northern District of California

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.

IT IS SO ORDERED.

Dated:

______________________________________

HAYWOOD S. GILLIAM, JR.

United States District Judge

4/18/2019