Case: 3:17-cv-00446-wmc Document #: 655 Filed: 08/12/20 Page 1 of 5
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF WISCONSIN
`
`INGURAN, LLC d/b/a STGENETICS, XY,
`LLC, and CYTONOME/ST, LLC,
`
`Plaintiffs/Counterclaim-Defendants,
`
`v.
`
`ABS GLOBAL, INC., GENUS PLC, and
`PREMIUM GENETICS (UK) LTD,
`
`Defendants/Counterclaim-Plaintiffs.
`
`FILED UNDER SEAL
`
`Case No. 17-cv-446-wmc
`
`AGREED ORDER STAYING ENFORCEMENT OF
`CERTAIN PORTIONS OF THE JUDGMENT
`
`Plaintiffs Inguran, LLC d/b/a STGenetics, XY, LLC, and Cytonome/ST, LLC (collectively
`
`"Plaintiffs" or "ST") and Defendants ABS Global, Inc. and Genus plc (collectively "Defendants"
`
`or "ABS") hereby stipulate to stay the execution of certain portions of the judgment entered by this
`
`Court on June 8, 2020 (Dkt. 607) as amended on June 24, 2020 (Dkt. 613) (collectively, the
`
`"Judgment") pending the disposition of any appeal, as set forth more fully herein. The stay applies
`
`only to the award of damages, interest, and ongoing royalties on pre-judgment sales set forth in
`
`sections l(a)-(d) and 2 of the Judgment (collectively, the "Secured Portions of the Judgment"), but
`
`it does not apply to any ongoing royalties payable on post-judgment sales set forth in section 2 of
`
`the Judgment. The stay is predicated on AB S's provision of an irrevocable stand-by letter of credit,
`
`covering the aforesaid monetary awards in the amount of $13,032,905, naming Plaintiff Inguran,
`
`LLC d/b/a STGenetics as beneficiary having the same terms as the letter attached hereto as Exhibit
`
`A (the "Letter of Credit"). The parties agree that the letter of credit sufficiently protects ST's
`
`1
`
`

`

`Case: 3:17-cv-00446-wmc Document #: 655 Filed: 08/12/20 Page 2 of 5
`
`interest in the Secured Portions of the Judgment and warrants issuance of a stay of those portions
`
`pursuant to Rule 62(b ).
`
`THE COURT BEING OTHERWISE SUFFICIENTLY ADVISED:
`
`1. IT IS HEREBY AGREED AND ORDERED that the Letter of Credit issued by
`
`Barclays Bank PLC is approved as an agreed security for the Secured Portions of the
`
`Judgment under Fed. R. Civ. P. 62 during post-judgment and appellate proceedings in this
`
`matter and Defendants shall procure and cause the same to be delivered to ST within ten (10)
`
`days of the entry of this Order.
`
`2. IT IS FURTHER AGREED AND ORDERED that ST may make demands for
`
`payment on the Letter of Credit, and shall be entitled to the proceeds thereof, without
`
`further order of this Court and consistent with the terms of the Letter of Credit upon the
`
`occurrence of one or more of the following events ("Demand Events"):
`
`a.
`
`If Defendants do not deliver an original Letter of Credit in accordance with
`
`paragraph 1, one (1) business day following the last day to make such delivery;
`
`b.
`
`If Defendants do not take any appeal from the Judgment that would affect
`
`the Secured Portions of the Judgment, five (5) business days following the last day to
`
`appeal;
`
`c.
`
`If Defendants take an appeal affecting the Secured Portions of the Judgment
`
`and as a result the United States Court of Appeals for the Federal Circuit issues a mandate
`
`affirming or modifying the Judgment without remanding any part of the case, five (5)
`
`business days following the issuance of the mandate; or
`
`2
`
`

`

`Case: 3:17-cv-00446-wmc Document #: 655 Filed: 08/12/20 Page 3 of 5
`
`d.
`
`If, within thirty (30) days or less prior to the expiration of the Letter of
`
`Credit or any other circumstance that could reasonably cause the Letter of Credit to be
`
`unenforceable in full accordance with its terms and the terms of this Order, Plaintiffs have
`
`not been provided with physical delivery of a replacement letter of credit containing terms
`
`that are the same in all material respects to the Letter of Credit. The Demand Event in this
`
`paragraph 2( d) shall apply even if any appeal taken from the Judgment remains pending at
`
`the time ST makes its demand for payment on the Letter of Credit.
`
`e.
`
`If Defendants take an appeal affecting the Secured Portions of the Judgment
`
`and as a result the United States Court of Appeals for the Federal Circuit remands any part
`
`of the case to the District Court for further proceedings, then the provisions for paragraphs
`
`2(b )-2( d) shall be applied to the judgment entered following such further proceedings.
`
`3.
`
`IT IS FURTHER AGREED AND ORDERED, that upon occurrence of any of the
`
`events set out in paragraph 2(a)-(d), taking into account paragraph 2(e), Plaintiffs may at their
`
`discretion seek to execute on the Judgment by any means permitted by law, including without
`
`limitation by drawing on the Letter of Credit, but Plaintiffs are not limited to execution on the
`
`Letter of Credit. Should Plaintiffs choose to draw on the Letter of Credit following such
`
`events, Plaintiffs shall file with this Court a notification of their intent to make a demand for
`
`payment on the Letter of Credit one ( 1) business day prior to making such demand. Upon
`
`occurrence of the events set out in paragraph 2(b) or 2( d), taking into account paragraph 2( e ),
`
`Plaintiffs shall be entitled to draw upon the Letter of Credit up to the maximum amount of the
`
`Judgment (as it may be modified and/or amended as on such date), plus post-judgment interest
`
`thereon pursuant to 28 U.S.C. § 1961. If an occurrence set out in paragraph 2(c), taking into
`
`3
`
`

`

`Case: 3:17-cv-00446-wmc Document #: 655 Filed: 08/12/20 Page 4 of 5
`
`account paragraph 2(e), is the first event to occur under paragraph 2, Plaintiffs shall be entitled
`
`to draw on the Letter of Credit as to that portion of the Judgment which has been affirmed by
`
`the United States Court of Appeals for the Federal Circuit. In the event this Court or the United
`
`States Court of Appeals for the Federal Circuit reduces the amount of the Judgment,
`
`Defendants may provide a replacement letter of credit in the amount of the reduced judgment
`
`but otherwise with the same terms as the original Letter of Credit authorized by this Order. The
`
`provisions of paragraphs 2-3 of this Order shall apply to the reduced judgment.
`
`4. IT IS FURTHER AGREED AND ORDERED that, so long as (i) Defendants and
`
`the issuer of the Letter of Credit maintain the Letter of Credit in compliance with the above
`
`terms of this Order and (ii) no Demand Events authorizing a payment demand to be made on
`
`the Letter of Credit have· occurred, execution of or on the Secured Portions of the
`
`Judgment is stayed and no execution may issue on the Secured Portions of the Judgment
`
`nor may any proceedings be taken to enforce the Secured Portions of the Judgment during
`
`post-judgment or appellate proceedings in this matter, other than as authorized in this
`
`Order. Nothing in this paragraph shall preclude ST from drawing upon the Letter of
`
`Credit consistent with the terms of this Order. In the event that Defendants do not
`
`maintain the Letter of Credit in compliance with the terms above, or the bank issuing the
`
`Letter of Credit fails to honor a payment demand thereunder for any reason, no stay
`
`applies and execution on the Judgment may commence without further Order of this
`
`Court.
`
`IT IS FURTHER AGREED AND ORDERED that, upon a showing of good cause,
`
`either party may request that the Court modify or enforce the terms of this Order and this
`
`Court retains jurisdiction to resolve any disputes concerning this Order.
`
`4
`
`

`

`Case: 3:17-cv-00446-wmc Document #: 655 Filed: 08/12/20 Page 5 of 5
`Case: 3:17-cv-00446-wmc Document #: 655 Filed: 08/12/20 Page 5 of 5
`
`IT IS SO ORDERED
`IT IS SO ORDERED
`
`Entered this
`
`//~§b day of Ag% g; 5:
`
`
`
`5
`
`