UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF NEW HAMPSHIRE

PRESSTEK, INC.,

Plaintiff, Civil Action No . 1 :08-cv-00512-JM

V.

JOSEPH MUSGRAVE and PROGRAF

DIGITAL SERVICE, INC . ,

Defendant.

STIPULATION FOR JUDGMENT

NOW COMES, the Plaintiff, Presstek, Inc ., by and through its attorneys, Devine ,

et and Branch, P .A . and the Defendants, Joseph Musgrave and Prograf Digital Service ,

Inc., by and through its attorneys, Holoubek Law, P .L.L.C and Sutton Rankin Law, P.L.C., and

stipulate as follows:

WHEREAS, Presstek, Inc . ("Presstek") is Delaware corporation with a principal place of

business at 55 Executive Drive, Hudson, New Hampshire and is a worldwide leader in the field of

high technology laser imaging and printing products ; and

WHEREAS, Presstek is the owner of United States Patent No . 4,339,737 ("'737 Patent")

entitled "Lithographic Printing Plates For Use With Laser-Discharge Imaging Apparatus" and

United States Patent No. 4,487,338 ("'338 Patent") entitled "Lithographic Printing Plates For Use

With Laser-Discharge Imaging Apparatus" ; and

WHEREAS, Presstek is the owner of a certain trademark, Registration No . 1,711,005 of

September 1, 1992, for printing inks in International Class 2 and for printing plates in

International Class 7 (the "DI Trademark") ; and

Case 1:08-cv-00512-JM Document 17 Filed 03/30/09 Page 1 of 4
WHEREAS, on or about December 18, 2008, Presstek commenced this litigation against

Joseph Musgrave and Prograf Digital Service, Inc . in the United States District Court for the

District of New Hampshire, Civil Action No. 1 :08-cv-00512 against the Defendant Joseph

Musgrave, an individual who resides in Union, Kentucky and Prograf Digital Service, Inc.

("Prograf'), an Indiana corporation having a principal place of business at 1600 Russell Street -

Suite A, Covington, Kentucky (the "Litigation"), alleging inter alia that certain activities of the

Defendants, including their activities with respect to the sale, reselling, adve rtising for sale and

servicing lithographic printing plates described in the Complaint as "the VIM Plates" infringe

Presstek's `737 and `338 Patents and its DI Trademark, or cont ribute to the infringement of the

same, or are otherwise wrongful and actionable; and

WHEREAS, by orders of this Cou rt , the Defendants time to answer the Complaint has

been extended from J anuary 22, 2009 until and including March 2, 2009, and then again until

March 16, 2009; and

WHEREAS, the Defendants have represented that they ceased the ce rtain activities

complained of and desire to resolve all aspects of the Litigation ; and,

WHEREAS, in reli ance on said representation by Defend ants Presstek is willing to enter

into a Consent Decree which will resolve this action ;

NOW THEREFORE, the Plaintiff, Presstek, Inc. and the Defendants, Prograf Digital

Service, Inc . and Joseph Musgrave stipulate and agree as follows:

1 . The Defendants stipulate and agree that the `737 and `338 Patents and the DI

Trademark are valid and enforceable, and agree not to contest the validity or enforceability of the

same.

Case 1:08-cv-00512-JM Document 17 Filed 03/30/09 Page 2 of 4
2. The parties stipulate and agree that Judgment shall enter in the form of th e

Consent Decree submitted herewith .

STIPULATED AND AGREED TO:

PRESSTEK, INC.

By its attorneys,

Dated: March 25, 2009

DEVINE, MILLIMET & BRANCH

PROFESSIONAL ASSOCIATION

By: /s/ Steven E. Grill

Steven E. Grill (Bar No . 7896)

Leigh S. Willey (Bar No. 16193)

111 Amherst Street

Manchester, NH 03101

Telephone: 603-669-1000

Facsimile: 603-695-8700

sgrill@devinemillimet.com

JOSEPH MUSGRAVE

By His Attorneys,

HOLOUBEK LAW, PLLC

Dated : March 25, 2009 Isl Charles G. Holoubek

Charles G. Holoubek

N.H. Bar # 16435

P.O. Box 1620

Concord, New Hampshire

Tel: 603-565-0577

Fax: 888-255-1318

choloubek@holoubeklaw.com

-andCase 1:08-cv-00512-JM Document 17 Filed 03/30/09 Page 3 of 4
SUTTON RANKIN LAW, PLC

Michael T. Sutton, Esq .

130 Dudley Road, Suite 250

Edgewood, KY 41017

Tel : 859-331-8883

MSutton@suttonrankinlaw.com

Dated: March 16, 2009

PROGRAF DIGITAL SERVICE, INC .

By Its Attorneys,

HOLOUBEK LAW, PLLC

/s/ Charles G. Holoubek

Charles G. Holoubek

N.H. Bar # 16435

P.O. Box 1620

Concord, New Hampshire

Tel: 603-565-0577

Fax: 888-255-1318

choloubek@holoubeklaw.com

-andAPPROVED AND SO ORDERED :

Date:

SUTTON RANKIN LAW, PLC

Michael T. Sutton, Esq.

130 Dudley Road, Suite 250

Edgewood, KY 41017

Tel : 859-331-8883

MSutton@suttonrankinlaw.com

Jt-y

xxxxxxxxxxxxxxxxxxxxxxxxx

United States Magistrate Judge 

Justo Arenas

Case 1:08-cv-00512-JM Document 17 Filed 03/30/09 Page 4 of 4