KIWO Inc. v. PlanetB Technologies, Inc.
Filing
54
STIPULATED CONSENT JUDGMENT by Judge Audrey B. Collins in favor of KIWO Inc. against PlanetB Technologies, Inc. Related to: [Proposed] Stipulated Consent Judgment 53 : IT IS THEREFORE ORDERED THAT: PlanetB, its subsidiaries, officers, directors, age nts, servants, employees, attorneys, predecessors or successors in interest or assigns, and those persons in active concert or participation with them are permanently enjoined. All pending claims of KIWO against PlanetB are resolved by this Consent J udgment and are hereby dismissed with prejudice. All pending counterclaims by PlanetB against KIWO are resolved by this Consent Judgment and are hereby dismissed with prejudice. This Consent Judgment concludes all proceedings between KIWO and PlanetB . This Court shall retain personal jurisdiction over all of the parties and subject matter jurisdiction, for the purpose of enforcement, of this Consent Judgment and the Confidential Settlement Agreement entered into between the parties. (see document for further details) ( MD JS-6. Case Terminated ) (bm) Modified on 11/12/2008 (bm).
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JAMES D. SLOAN (State Bar No. 220176) CASONDRA K. RUGA (State Bar No. 237597) ALSTON & BIRD LLP 333 South Hope Street, Sixteenth Floor Los Angeles, California 90071 Telephone: (213) 576-1000 Facsimile: (213) 576-1100 james.sloan@alston.com casondra.ruga@alston.com WILLIAM H. FRANKEL (admitted pro hac vice) JAMES P. NAUGHTON (admitted pro hac vice) STEPHANIE J. FELICETTY (admitted pro hac vice) BENJAMIN C. FINDLEY (admitted pro hac vice) BRINKS HOFER GILSON & LIONE NBC Tower - Suite 3600 455 N. Cityfront Plaza Drive Chicago, Illinois 60611 Telephone: (312) 321-4200 Facsimile: (312) 321-4299
JS-6
11 Attorneys for Plaintiff KIWO INC. 12 13 14 15 16 17 KIWO INC., 18 19 21 22 23 24 25 26 27 28 The parties to this lawsuit, Plaintiff KIWO Inc. ("KIWO") and Defendant PlanetB Technologies, Inc. ("PlanetB") have agreed to settlement of the matters in dispute between them and have stipulated to the entry of this Consent Judgment. PlanetB acknowledges that it has not retained new counsel since the Court granted the motion of its prior counsel, Snell & Wilmer, to withdraw as counsel on
1 [Proposed] Stipulated Consent Judgment
UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA WESTERN DISTRICT CASE NO. CV07-06880 ABC (MANx) Plaintiff, v. Defendant. STIPULATED CONSENT JUDGMENT
20 PLANETB TECHNOLOGIES, INC.,
1 September 15, 2008. PlanetB acknowledges that KIWO encouraged PlanetB to consult with 2 3 independent counsel before signing this Consent Judgment and a Confidential 4 Settlement Agreement resolving the above-captioned case, but that PlanetB elected 5 not to do so. 6 7 IT IS THEREFORE ORDERED THAT: 1. United States Patent No. 5,156,089 ("'089 Patent") is valid and 8 9 enforceable. 2. PlanetB infringes one or more claims of the '089 patent by making, 10 11 using and selling its Computer-to-Screen products including, but not limited to, its 12 Sprite, Nova and Galaxy families of products. 13 3. Pursuant to 35 U.S.C. § 283, PlanetB, its subsidiaries, officers, 14 directors, agents, servants, employees, attorneys, predecessors or successors in 15 interest or assigns, and those persons in active concert or participation with them 16 are permanently enjoined and restrained, from the date of entry of this Consent 17 Judgment and for the entire term of the '089 patent, from making, using, offering 18 for sale, selling, transferring ,distributing, delivering, shipping, or importing into 19 the United Sates Computer-to-Screen products that directly infringe the '089 20 patent, or otherwise directly infringing, indirectly infringing, contributorily 21 infringing, or inducing infringement of the '089 patent. 22 4. The provisions of this Consent Judgment shall be binding upon and/or 23 applicable to PlanetB, its subsidiaries, officers, directors, agents, servants, 24 employees, attorneys, and their predecessors or successors in interest or assigns, 25 and to all other persons or entities in active concert or participation with them who 26 receive actual notice of this Consent Judgment by personal service or otherwise. 27 5. All pending claims of KIWO against PlanetB are resolved by this 28 Consent Judgment and are hereby dismissed with prejudice.
2 [Proposed] Stipulated Consent Judgment
1
6.
All pending counterclaims by PlanetB against KIWO are resolved by
2 this Consent Judgment and are hereby dismissed with prejudice. 7. This Consent Judgment concludes all proceedings between KIWO and 3 4 PlanetB. 8. 5 This Court shall retain personal jurisdiction over all of the parties and
6 subject matter jurisdiction, for the purpose of enforcement, of this Consent 7 Judgment and the Confidential Settlement Agreement entered into between the 8 parties. 9 10 SO ORDERED 11 12 13 14 15 16 _________________________ KIWO, Inc. 17 Dated: _________________ 18 19 20 21 _________________________ WILLIAM H. FRANKEL 22 JAMES P. NAUGHTON STEPHANIE J. FELICETTY 23 BENJAMIN C. FINDLEY BRINKS HOFER GILSON & LIONE 24 JAMES D. SLOAN 25 CASONDRA K. RUGA ALSTON & BIRD LLP 26 Attorneys for Plaintiff 27 KIWO Inc. 28 Dated: _________________
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Dated: November 10, 2008
By: _________________________ Hon. Audrey B. Collins United States District Judge
AGREED TO BY: _________________________ PlanetB Technologies, Inc. Dated: _________________
AGREED AS TO FORM: _________________________ PlanetB Technologies, Inc. (pro se)
Dated: __________________
[Proposed] Stipulated Consent Judgment
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