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Arlington Industries, Inc. v. Bridgeport Fittings

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA


June 30, 2006

ARLINGTON INDUSTRIES, INC., PLAINTIFF
v.
BRIDGEPORT FITTINGS, INC., DEFENDANT
BRIDGEPORT FITTINGS, INC., PLAINTIFF
v.
ARLINGTON INDUSTRIES, INC., DEFENDANT

The opinion of the court was delivered by: Judge Conner

ORDER

AND NOW, this 30th day of June, 2006, upon consideration of Arlington Industries, Inc.'s ("Arlington") motion (Doc. 253) to enter the confession of judgment and injunction agreed to by Bridgeport Fittings, Inc. ("Bridgeport"), alleging that Bridgeport breached Article III of the parties' Settlement Agreement*fn1 by making and selling a colorable imitation of the products subject to the Settlement Agreement,*fn2 and the court finding that section 4.1 of the Settlement Agreement incorporates the term "colorable imitation" into the entire Settlement Agreement (see Doc. 256, Ex. A § 4.1 ("This Agreement shall cover all accused products and any colorable imitation . . . ." (emphasis added))),*fn3 and, therefore, that Arlington has sufficiently alleged a breach of Article III (see Doc. 253, Attach. C; Doc. 256, Ex. A § 3.1); see also supra note 1, it is hereby ORDERED that:

1. The motion to enter the confession of judgment and injunction (Doc. 253) is GRANTED.

2. The Clerk of Court is directed to DOCKET and ENTER the confession of judgment and injunction executed by Bridgeport Fittings, Inc. (Doc. 253, Attach. D) as of the date of this order.

CHRISTOPHER C. CONNER United States District Judge


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