Maury Microwave, Inc. v. Focus Microwaves, Inc., No. 2:2010cv03902 - Document 230 (C.D. Cal. 2012)

Court Description: FINAL JUDGMENT AND PERMANENT INJUNCTION by Judge Margaret M. Morrow. IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the following Final Judgment and Permanent Injunction in favor of Maury and against Focus is hereby granted. (MD JS-6, Case Terminated). (bp)

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Maury Microwave, Inc. v. Focus Microwaves, Inc. Doc. 230 1 GARY A. CLARK, Cal. Bar No. 65455 gclark@sheppardmullin.com 2 DARREN M. FRANKLIN, Cal. Bar No. 210939 dfranklin@sheppardmullin.com 3 SHEPPARD, MULLIN, RICHTER & HAMPTON LLP A Limited Liability Partnership Including Professional Corporations 4 333 South Hope Street, 43rd Floor 5 Los Angeles, California 90071-1422 Telephone: 213-620-1780 6 Facsimile: 213-620-1398 JS-6 7 Attorneys for Plaintiff and Counter-Defendant MAURY MICROWAVE, INC. 8 Michael R. Annis (admitted pro hac vice) 9 mike.annis@huschblackwell.com Robert Haldiman (admitted pro hac vice) 10 bob.haldiman@huschblackwell.com HUSCH BLACKWELL LLP 11 190 Carondelet Plaza, 6th Floor St. Louis, Missouri 63105 12 Telephone: (314) 480-1500 Facsimile: (314) 480-1505 13 Attorneys for Defendant and Counterclaimant 14 FOCUS MICROWAVES INC. 15 UNITED STATES DISTRICT COURT 16 CENTRAL DISTRICT OF CALIFORNIA 17 WESTERN DIVISION 18 MAURY MICROWAVE, INC., a California corporation, 19 Plaintiff, 20 v. 21 FOCUS MICROWAVES INC., a 22 Canadian corporation also known as Focus Micro Ondes Inc., 23 Defendant. 24 AND RELATED COUNTERCLAIMS. 25 Case No. CV 10-3902 MMM (JCGx) [PROPOSED] FINAL JUDGMENT AND PERMANENT INJUNCTION Hon. Margaret M. Morrow 26 27 28 SMRH:.1 -1- [PROPOSED] FINAL JUDGMENT AND PERMANENT INJUNCTION SLC-6706640-1 Dockets.Justia.com WHEREAS, the Court entered its CLAIM CONSTRUCTION ORDER on 1 2 July 30, 2012 (D.I. 227); and 3 WHEREAS, the Court entered its ORDER ON MOTIONS FOR SUMMARY 4 JUDGMENT on July 30, 2012 (D.I. 228); and 5 WHEREAS, Plaintiff and Counter-Defendant Maury Microwave, Inc. 6 (“Maury”) and Defendant and Counterclaimant Focus Microwaves Inc. (“Focus”) 7 have stipulated to entry of final judgment. 8 IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that 9 the following Final Judgment and Permanent Injunction in favor of Maury and 10 against Focus is hereby granted: 11 1. This Court has jurisdiction over the subject matter of this action 12 under the laws of the United States concerning actions relating to federal questions, 13 28 U.S.C. § 1331, and patents, 28 U.S.C. § 1338(a), and under the Federal 14 Declaratory Judgments Act, 28 U.S.C. §§ 2201, 2202. 15 2. Venue is proper in this district under 28 U.S.C. §§ 1391(b), (c), 17 3. The Court has personal jurisdiction over the parties. 18 4. Based upon this Court’s Claim Construction Order [D.I. 227], 16 and (d). 19 this Court held that Maury has not infringed any claim of Focus’ U.S. Patent 20 No. 6,674,293 (“the '293 patent”) as a result of making, using, offering for sale, 21 selling, importing, initializing, or calibrating the Series MT982M tuner. 22 5. Based upon this Court’s Claim Construction Order, this Court 23 held that Maury has not infringed any claim of Focus’ U.S. Patent No. 7,034,629 24 (“the '629 patent) as a result of making, using, offering for sale, selling, importing, 25 initializing, or calibrating the Series MT982M tuner. 26 6. Based upon this Court’s Claim Construction Order, this Court 27 held that the '629 patent, and each of its claims, is invalid. 28 SMRH:.1 SLC-6706640-1 -2- [PROPOSED] FINAL JUDGMENT AND PERMANENT INJUNCTION 7. 1 Based upon this Court’s Claim Construction Order, this Court 2 held that Focus has infringed claim 1 of Maury’s U.S. Patent No. 7,548,069 (“the 3 '069 patent”) as a result of its offer for sale to Northrop Grumman. 8. 4 Focus, its officers, agents, servants, employees, subsidiaries, 5 assignees, and acquirers, and those persons in active concert or participation with 6 them, are permanently enjoined from making, using, offering for sale, or selling an 7 IV probe or wave probe in the United States, or importing an IV probe or wave 8 probe into the United States, whether individually or as part of another device, 9 effective immediately and until the expiration of claim 1 of the ‘069 patent by 10 termination, lapse, abandonment, a final, non-appealable declaration of invalidity or 11 other means. 9. 12 In the event that claim 1 of the ‘069 patent expires, terminates, or 13 lapses as provided in paragraph 8, this injunction shall no longer be in force. Maury 14 Microwave shall retain the right to sue for infringement of any unexpired claims in 15 the '069 patent. 10. 16 Maury’s claim for a declaratory judgment of invalidity 17 respecting the ‘293 patent is dismissed, without prejudice. 11. 18 Maury’s claim for induced infringement respecting the ‘069 19 patent is dismissed, without prejudice. 12. 20 The Court shall have continuing jurisdiction to enforce the terms 21 of this Final Judgment and Permanent Injunction. 13. 22 Each party shall bear its own attorneys’ fees incurred in 23 connection with this action. Costs in the amount of $15,000.00 shall be allowed to 24 Maury as the prevailing party. 25 /// 26 /// 27 /// 28 /// SMRH:.1 SLC-6706640-1 -3- [PROPOSED] FINAL JUDGMENT AND PERMANENT INJUNCTION 14. 1 This Final Judgment disposes of all remaining claims in this 2 case. 3 4 Dated: August 30, 2012 5 UNITED STATES DISTRICT JUDGE 6 7 Presented by: 8 SHEPPARD, MULLIN, RICHTER & HAMPTON LLP 9 10 By /s/ Darren M. Franklin Darren M. Franklin 11 12 Attorneys for Plaintiff and Counter-Defendant MAURY MICROWAVE, INC. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SMRH:.1 SLC-6706640-1 -4- [PROPOSED] FINAL JUDGMENT AND PERMANENT INJUNCTION

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