STIPULATION AND ORDER REGARDING COSTS AND FINAL SETTLEMENT

LAWRENCE K. KARLTON, District Judge.

NOW THEREFORE, IT IS HEREBY STIPULATED, by and between the parties hereto, through their respective counsel, pending approval by this Court,

The judgment of the Court of Appeals for the Federal Circuit in this matter was entered on January 17, 2014 (Document No. 102). The Court of Appeals affirmed the decision of the District Court and none of the relief sought by Plaintiff Sofpool was granted.

As prevailing party, Defendants Kmart Corporation and Big Lots, Inc. are entitled to the costs outlined in their Bill of Costs filed in this District Court on June 12, 2013 (Document No. 95) and filed in the Court of Appeals for the Federal Circuit on January 30, 2014 (Document No. 49-1).

The District Court Bill of Costs total was $11,733.28 and the Court of Appeals Bill of Costs total was $284.00. The combined total of the Bills of Costs amounted to $12,017.28.

Counsel for the respective parties have met and conferred and have agreed to stipulate to an amount of $9,000.00 in full satisfaction of the outstanding Bills of Costs.

Plaintiff Sofpool agrees to deliver a check to Defendants' attorneys in an amount of $9,000.00 by February 28, 2014. It is agreed between the parties that successful negotiation of Plaintiff's check will terminate all outstanding matters of any sort between the parties, effectively ending this case.

PURSUANT TO THIS STIPULATION, IT IS ORDERED that this Court shall have continuing jurisdiction to enforce this Order and the terms of the Settlement herein; and

IT IS FURTHER ORDERED that this case is hereby DISMISSED with prejudice.

PURSUANT TO THE STIPULATION, IT IS SO ORDERED.