Prince Lionheart Inc v. Sunshine Kids Juvenile Products LLC
Filing
45
STIPULATED FINAL CONSENT JUDGMENT AND PERMANENT INJUNCTION by Judge Valerie Baker Fairbank: Based on the Stipulation and Consent of the parties 43 , it is hereby ORDERED, ADJUDGED, and DECREED that: This is an action for patent infringement brought by Prince Lionheart against Sunshine Kids (see document for further details). This action is hereby dismissed in its entirety with prejudice. Effective on February 1, 2009, Sunshine Kids, together with itsofficers, agents, servants, employees, affil iates, attorneys, and all those in active concert or participation with them who receive actual notice of this Permanent Injunction ("the Enjoined Parties"), are hereby enjoined. The injunction of Paragraph 6 shall remain in full force and effect as to the '546 patent until the '546 patent has expired and as to the 278 patent until the 278 patents has expired (see document for further details). (jp)
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John B. Sganga (State Bar No. 116,211) john.sganga@kmob.com Theodore G. Papagiannis (State Bar No. 238,490) theodore.papagiannis@kmob.com Timothy J. Goodson (State Bar No. 244,649) timothy.goodson@kmob.com KNOBBE, MARTENS, OLSON & BEAR, LLP 2040 Main Street, Fourteenth Floor Irvine, CA 92614 Telephone: (949) 760-0404 Facsimile: (949) 760-9502 Attorneys for Plaintiff, Prince Lionheart, Inc. Aaron T. Borrowman (State Bar No. 201,920) aaron@klkpatentlaw.com KELLY LOWRY AND KELLEY 6320 Canoga Ave., Suite 1650 Woodland Hills, CA 91367 Telephone: (818) 347-7900 Facsimile: (818) 340-2859 Kaustuv M. Das (Pro Hac Vice) kdas@merchantgould.com MERCHANT & GOULD, P.C. 701 Fifth Avenue, Suite 4100 Seattle, WA 98104 Telephone: (206) 348-6261 Facsimile: (206) 348-6201 Attorneys for Defendant, Sunshine Kids Juvenile Products, LLC IN THE UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA WESTERN DIVISION PRINCE LIONHEART, INC., a California corporation Plaintiff, v. SUNSHINE KIDS JUVENILE PRODUCTS, LLC, a Washington Limited liability company, and DOES 1 through 10, inclusive Defendant. ) ) ) ) ) ) ) ) ) ) ) ) ) Civil Action No. CV 06-1543 VBF (PJWx) STIPULATED FINAL CONSENT JUDGMENT AND PERMANENT INJUNCTION
Honorable Valerie Baker Fairbank
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Plaintiff Prince Lionheart, Inc ("Prince Lionheart") and Defendant Sunshine Kids Juvenile Products, LLC ("Sunshine Kids") hereby jointly stipulate and consent to this Stipulated Final Consent Judgment and Permanent Injunction. Based on the stipulation and consent of the parties, it is hereby ORDERED, ADJUDGED, and DECREED that: 1. This is an action for patent infringement brought by Prince Lionheart against Sunshine Kids. In this action, Prince Lionheart alleges that Sunshine Kids has infringed U.S. Patent No. 6,786,546 ("the '546 patent") and has committed unfair competition through its use of Prince Lionheart's 2 STAGE trademark ("the 2 STAGE mark") by producing and marketing protective car seat covers under the name "Ultra-Mat Ultimate 2-Stage Undermat." 2. 3. This Court has jurisdiction over the parties and the subject matter The parties have entered into a Settlement Agreement that fully of this action. Venue in this action is proper in this Court. disposes of this action. A copy of that Settlement Agreement is attached hereto as Exhibit 1 and is incorporated by reference in its entirety into this Final Consent Judgment. 4. 5. 6. This action is hereby dismissed in its entirety with prejudice. Sunshine Kids did not sustain its burden of proving the invalidity Effective on February 1, 2009, Sunshine Kids, together with its
of any claim of the '546 patent. officers, agents, servants, employees, affiliates, attorneys, and all those in active concert or participation with them who receive actual notice of this Permanent Injunction ("the Enjoined Parties"), are hereby enjoined from making, using, selling, offering for sale, advertising, marketing, distributing or importing into the United States any seat cover that falls within the scope of any claim of the -1-
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'546 patent or U.S. Patent No. 7,422,278 ("the '278 patent"), including, but not limited to, seat covers in which the upper and lower sections are not permanently attached to each other. The Enjoined Parties are further enjoined from inducing others to take any of these actions. 7. The injunction of Paragraph 6 shall remain in full force and effect as to the '546 patent until the '546 patent has expired and as to the '278 patent until the '278 patents has expired. 8. from: (a) manufacturing, making, using, displaying, selling, offering for sale, promoting, advertising, marketing, or distributing any seat cover that uses the 2 STAGE mark or any mark that is confusingly similar to the 2 STAGE mark; (b) stating or representing that any of the products they manufacture, sell or distribute are made by, authorized by, or otherwise affiliated with Prince Lionheart; or (c) inducing or assisting any other person or entity to take any of the actions referred to in paragraphs (a) (b) above. 9. 10. 11. Each party shall bear its own costs and attorneys' fees. The parties affirmatively waive any and all rights to appeal this This Court shall retain jurisdiction over this matter for the purpose Effectively immediately, the Enjoined Parties are further enjoined
Stipulated Final Consent Judgment and Permanent Injunction. of making any further order necessary or desirable to effectuate the terms of this Stipulated Final Consent Judgment and Permanent Injunction and to ensure full \\\ \\\ \\\ \\\ -2-
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and complete compliance therewith. IT IS SO ORDERED.
Dated: 11-20-08 The Honorable Valerie Baker Fairbank United States District Judge
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EXHIBIT 1 SETTLEMENT AGREEMENT
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