-JC NMC Group Inc v. The Young Engineers Inc, No. 2:2011cv04280 - Document 46 (C.D. Cal. 2012)

Court Description: PERMANENT INJUNCTION filed by Judge George H. King against Defendant The Young Engineers Inc. IT IS HEREBY ORDERED THAT: Pursuant to 35 U.S.C. § 283, as of the date of this Courts Order, TYE and any of its employees, agents, representatives, sub sidiaries, directors, principals, officers, successors, and assigns, and all others acting in concert or participation with such persons, SHALL BE PERMANENTLY ENJOINED AND RESTRAINED from infringing U.S. Patent No. 7,802,953. This is a final judgment. Subject to this Courts limited retention of jurisdiction as set forth above, all claims and counterclaims filed in this action SHALL BE DISMISSED WITH PREJUDICE WITH EACH PARTY TO BEAR ITS OWN FEES AND COSTS. (MD JS-6. Case Terminated) (shb)

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-JC NMC Group Inc v. The Young Engineers Inc 1 2 3 4 5 6 7 8 9 10 11 Doc. 46 Michael J. Song, CA Bar No. 243675 msong@perkinscoie.com PERKINS COIE LLP 1888 Century Park East, Suite 1700 Los Angeles, CA 90067-1721 Telephone: 310.788.9900 Facsimile: 310.788.3399 Ramsey M. Al-Salam (admitted pro hac vice) ralsalam@perkinscoie.com PERKINS COIE LLP 1201 Third Avenue, Suite 4800 Seattle, WA 98101-3099 Telephone: 206.359.8000 Facsimile: 206.359.9000 Attorneys for NMC Group, Inc. 15 Joseph E. Mueth, CA Bar No. 35114 jmueth@josephemueth.com JOSEPH E. MUETH LAW CORPORATION 100 Corson Street Suite 300 Pasadena, CA 91103-3842 Telephone: 626.584.0396 Facsimile: 626.584.6862 16 Attorneys for The Young Engineers, Inc. 12 13 14 E-FILED 11/01/2012 JS-6 17 UNITED STATES DISTRICT COURT 18 CENTRAL DISTRICT OF CALIFORNIA 19 WESTERN DIVISION 20 NMC GROUP, INC., 21 Plaintiff, 22 23 24 25 26 v. THE YOUNG ENGINEERS, INC., Case No. 2:11-cv-04280-GHK-JC [PROPOSED] ORDER RE: STIPULATED PERMANENT INJUNCTION AND DISMISSAL WITH PREJUDICE Hon. George H. King Defendant. AND RELATED COUNTERCLAIMS NOTE CHANGES MADE BY THE COURT 27 28 [Proposed] Order Case No. 2:11-cv-04280-GHK-JC Dockets.Justia.com 1 This case having come before this Court, and it being represented to the 2 Court that Plaintiff NMC Group, Inc. (“NMC”) and Defendant The Young 3 Engineers, Inc. (“TYE”) have compromised and settled the matters in dispute, IT IS 4 HEREBY ORDERED, ADJUDICATED and DECREED as follows: as between the settling parties 5 PERMANENT INJUNCTION ORDER 6 Having considered the STIPULATION of the parties, and for good cause 7 8 9 10 11 shown, IT IS HEREBY ORDERED THAT: 1. NMC is a corporation organized and existing under the laws of the State of California, having its principal place of business at 2755 Thompson Creek Road, Pomona, California 91767. 2. TYE is a corporation organized and existing under the laws of the State 12 of California, having its principal place of business at 25841 Commercentre Drive, 13 Lake Forest, California 92630. 14 15 16 3. This Court has jurisdiction over the parties and the subject matter of the Lawsuit. 4. Pursuant to 35 U.S.C. § 283, as of the date of this Court’s Order, TYE 17 and any of its employees, agents, representatives, subsidiaries, directors, principals, 18 officers, successors, and assigns, and all others acting in concert or participation 19 with such persons, SHALL BE PERMANENTLY ENJOINED AND 20 RESTRAINED from infringing U.S. Patent No. 7,802,953 (the “’953 patent”) 21 including from all unauthorized manufacturing, marketing, advertising, using, 22 offering for sale, and selling in the United States, and importing into the United 23 States, Enjoined Products as defined by this Order. The term “Enjoined Products” 24 means TYE4036 Series Inserts sold under the product designations TYE4036BC08- 25 10, TYE4036BC3-10, TYE4036BC3-20, and TYE4036B3-14, and any inset panel 26 fasteners that are not colorably different from the identified TYE4036 Series 27 Inserts. The term “Enjoined Products” does not include TYE4036 Series Inserts 28 that have an all-metal or all-plastic female thread. -1- [Proposed] Order Case No. 2:11-cv-04280-GHK-JC 1 2 3 5. This Order shall be dissolved if there is a final non-appealable judgment finding all claims of the ’953 patent invalid or unenforceable. 6. This Court shall retain jurisdiction of this action to the extent necessary 4 to ensure full compliance with all obligations imposed by the Permanent Injunction 5 Order, including the enforcement of this Stipulated Permanent Injunction by way of 6 contempt or otherwise. 7 7. This is a final judgment. Subject to this Court’s limited retention of 8 jurisdiction as set forth above, all claims and counterclaims filed in this action 9 SHALL BE DISMISSED WITH PREJUDICE WITH EACH PARTY TO 10 11 BEAR ITS OWN FEES AND COSTS. SO ORDERED. 12 13 14 10/31/12 Dated: _____________________ ______________________________ 15 Hon. George H. King 16 United States District Judge 17 18 19 20 21 22 23 24 25 26 27 28 -2- [Proposed] Order Case No. 2:11-cv-04280-GHK-JC

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