EX-99.17 3 a5094445ex99_17.txt EXHIBIT 99.17 Exhibit 99.17 UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY --------------------------------------) ) HYDROMER, INC. ) ) Plaintiff, ) ) v. ) ) ADVANCED SKIN TECHNOLOGIES, INC., ) CIVIL ACTION NO. STEVE PUGLIESE, AND ) 4-2820 (MLC) VETERINARY PHARMACEUTICALS, INC. ) ) Defendants. ) --------------------------------------) AGREEMENT FOR JUDGMENT Plaintiff, Hydromer, Inc. ("Hydromer"), having instituted the captioned civil action against the Defendant, Veterinary Pharmaceuticals, Inc. ("VPI"), and the parties having agreed to settle all claims and counterclaims pursuant to the terms of a Settlement Agreement between Hydromer and VPI and both parties ------------------------- having stipulated to the terms and entry of this Agreement for Judgment in lieu of a trial on all claims and counterclaims; Now, upon consent and as between Hydromer and VPI, it is hereby ORDERED, ADJUDGED and DECREED as follows: 1. This Court has jurisdiction over the subject matter and the parties to this action and venue is proper in this District. 2. Hydromer (a) is the owner of U.S. Patent Nos. 4,642,267 ("the `267 patent"); 4,769,013 ("the `013 patent"); 6,203,812 (the `812 patent); and 6,395,289 ("the `289 patent") (hereinafter collectively "the patents-in-suit") and (b) has asserted in this action that VPI has infringed claims 1, 2, 6, 8, 10 and 12-20 of the `267 patent; claims 1, 2, 4 and 15-18 of the `013 patent; claims 1, 2, 5, 6, 8, 9, 11-16, 18-20 and 22-23 of the `812 patent; and claims 1, 2, 5, 6, 8, 9, 11-16, 18-20 and 22-23 of the `289 patent (referred to collectively as "the Asserted Claims of the Hydromer Patents"). 3. Admissions as to validity - VPI admits that the patents-in-suit and -------------------------- each and every claim thereof is valid and enforceable against VPI for the term defined in paragraph 6 of this document and takes no position as to the validity or enforceability of the patents-in-suit in any action against parties other than VPI. 4. Admissions as to infringement - VPI also admits that it has infringed, ----------------------------- or been induced to infringe, one or more of the Asserted Claims of the Hydromer Patents and has infringed each of the patents-in-suit. 5. Injunction - VPI agrees that it, its agents, officers, owners, ---------- directors, employees and attorneys, and all persons in concert or participation with it, who receive notice of this Judgment, are hereby permanently enjoined from infringing, contributing to the infringement of, or inducing infringement of any of the Asserted Claims of the Hydromer Patents, by manufacturing, causing to be manufactured, selling, offering for sale, importing, or shipping in the United States any teat dip product containing the patented combination of polyvinylpyrrolidone (PVP) and polyurethane (PU), or otherwise infringing the Asserted Claims of the Hydromer Patents. 2 6. Term of the Injunction - The injunction shall remain in force as to ----------------------- each of the patents-in suit until such Asserted Claims of the Hydromer Patents either expire or are declared invalid or unenforceable in a judgment, by a Court of competent jurisdiction, from which no appeal has been taken or against which all appeals have been exhausted. 7. The United States District Court for the District of New Jersey shall retain jurisdiction over this matter and the parties to enforce the Settlement Agreement, the Injunction and this Judgment, and each party consents to the personal jurisdiction of that Court for such purposes. THEREFORE, Judgment is hereby stipulated and agreed to be entered against defendant VPI permanently enjoining it from infringing the Asserted Claims of the Hydromer Patents. This Judgment is FINAL except that the Court shall retain jurisdiction over this matter and the parties to enforce the Settlement Agreement, the Injunction, this Judgment, and a separate Consent Monetary Judgment which may be filed and entered by the Court in the event of a default by VPI pursuant to the terms of a Settlement Agreement between Hydromer and VPI of even date herewith. 3 STIPULATED AND APPROVED ON BEHALF OF HYDROMER AND VPI: ----------------------------------------------------- HYDROMER, INC. VETERINARY PHARMACEUTICALS, INC. By: By: --------------------------------- --------------------------------- Duly Authorized: Duly Authorized: Title: Title: By: /s/ Alan M. Sack By: /s/ James P. Flynn --------------------------------- --------------------------------- Alan M. Sack (AMS-8856) James P. Flynn (JPF- ) HOFFMANN & BARON, LLP EPSTEIN, BECKER & GREEN, P.C. 6900 Jericho Turnpike Gateway Center Two (12th Floor) Syosset, NY 11791 Newark, NJ 07102 Phone: (516) 822-3550 Phone-Main: (973) 642-1900 Facsimile: (516) 822-3582 Phone-Direct: (973) 639-8285 Fax-Main: (973)642-0099 Fax-Direct: (973) 639 8931 SO ORDERED: Dated: ------------------------------- ------------------------------------ The Honorable 4