Graftech International Holdings Inc v. Jtprofound Technology Co Ltd et al, No. 8:2008cv01412 - Document 29 (C.D. Cal. 2009)
Court Description: STIPULATED FINAL JUDGMENT AND PERMANENT INJUNCTION by Judge David O. Carter, Related to: Stipulation for Judgment 28 . (See document for details) (MD JS-6, Case Terminated). (db)
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Graftech International Holdings Inc v. Jtprofound Technology Co Ltd et al 1 Steven A. Browne (CA State Bar No. 214444) sabrowne@wallerlaw.com 2 Waller Lansden Dortch & Davis 2222 6th St., Suite B 3 Santa Monica, CA 90405 Telephone: (310) 804-6691 4 Facsimile: (310) 399-1508 Doc. 29 JS-6 5 John F. Triggs (Admitted Pro Hac Vice; TN BPR No. 026718) jft@iplawgroup.com 6 WADDEY & PATTERSON, P.C. 1600 Division Street, Suite 500 7 Nashville, Tennessee 37203 Telephone: (615) 242-2400 8 Facsimile: (615) 242-2221 9 Attorneys for Plaintiff GRAFTECH INTERNATIONAL HOLDINGS INC. 10 UNITED STATES DISTRICT COURT 11 CENTRAL DISTRICT OF CALIFORNIA 12 SOUTHERN DIVISION 13 No. SA CV08-01412 DOC (RNBx) 14 GRAFTECH INTERNATIONAL HOLDINGS INC., 15 Plaintiff, [PROPOSED] STIPULATED vs. FINAL JUDGMENT AND 16 JTPROFOUND TECHNOLOGY CO., PERMANENT INJUNCTION 17 LTD. and JING-WEN TZENG, Defendant. Trial Date: November 9, 2010 18 Time: 8:30 a.m. 19 Courtroom: 9D 20 Judge: David O. Carter 21 Having reviewed the parties’ Stipulation for Entry of Final Judgment and 22 Permanent Injunction, being fully informed in the premises and for good cause shown, 23 the Court makes the following findings and orders: 24 1. Plaintiff GrafTech International Holdings, Inc. (“GTI”) is a Delaware 25 corporation having a principal place of business at 12900 Snow Road, Parma, Ohio 26 44130. 27 / / / 28 / / / FINAL JUDGMENT AND PERMANENT INJUNCTION Dockets.Justia.com 1 2. Defendant JTProfound Technology Co., Ltd. (“JTP”) is a Taiwanese 2 corporation having a principal place of business in Taiwan. 3 3. Defendant Jing-Wen Tzeng (“Tzeng”) is an individual residing in this 4 judicial district. 5 4. This Court has personal jurisdiction over JTP and Tzeng (collectively, 6 “Defendants”). 7 5. This Court has subject matter jurisdiction over the claims asserted in GTI’s 8 Complaint pursuant to 28 U.S.C. §§1331 and 1338. 9 6. Venue is proper in this district pursuant to 28 U.S.C. §§ 1400(b) and 1391. 10 7. GTI is the owner by assignment of U.S. Patent Nos. 6,482,520; 6,982,874; 11 7,166,912; 7,276,273; and 7,292,441 (collectively, “the GTI patents”). 12 8. GTI pioneered the use of sheets of compressed particles of exfoliated 13 natural graphite within compact electronics, such as cellular telephones, laptop 14 computers, and the like, to solve the problem of how to effectively dissipate heat from 15 heat-generating components within such devices without harming adjacent components. 16 GTI created the market for the use of this material for electronic thermal management, 17 and the GTI patents are directed to such sheets and/or to their use. 18 9. Defendants have offered for sale in the United States certain products 19 comprising sheets of compressed particles of exfoliated natural graphite, known 20 generally as “Expanded Graphite Sheets.” Specific examples of Expanded Graphite 21 Sheets that Defendants have offered for sale to Apple, Inc., and to Palm, Inc., are shown 22 in the photographs below. These products were to be used in electronic devices to 23 dissipate heat from heat-generating components without harming adjacent components. 24 In particular, the Apple iPhone and the Palm Pre were the intended devices in which the 25 products shown below were to be used. 26 / / / 27 / / / 28 -2FINAL JUDGMENT AND PERMANENT INJUNCTION 1 2 3 4 5 6 7 8 Offered for Sale to Palm, Inc. 9 10. Offered for Sale to Apple, Inc. Defendants’ acts of offering Expanded Graphite Sheets for sale in the 10 United States constitute acts of direct and/or indirect infringement of at least the 11 following claims of the GTI Patents: 12 a. claims 1-3, 5-6 and 18 of U.S. Patent No. 7,166,912 (“the ‘912 13 patent”); 14 b. claims 1 and 24 of U.S. Patent No. 6,482,520 (“the ‘520 patent”); 15 and 16 c. claim 11 of U.S. Patent No. 6,982,874 (“the ‘874 patent”). 17 11. The claims of the GTI patents are valid. 18 12. The GTI patents are enforceable. 19 13. The entry of this judgment fully and finally resolves, for purposes of res 20 judicata and collateral estoppel, any and all issues of validity, infringement, and 21 enforceability of the GTI patents vis-à-vis the Expanded Graphite Sheets or any 22 colorable imitation thereof. 23 14. The entry of this judgment also fully and finally resolves, for purposes of 24 res judicata and collateral estoppel, any and all issues of validity and enforceability of 25 the GTI patents vis-à-vis any sheets of compressed particles of exfoliated natural 26 graphite now or hereafter made, used, sold, offered for sale or imported in or into the 27 United States by Defendants or their agents, employees or affiliates. Defendants shall 28 not hereafter directly or indirectly contest the validity or enforceability of any of the -3FINAL JUDGMENT AND PERMANENT INJUNCTION 1 claims of the GTI patents in any subsequent litigation brought to enforce the GTI 2 patents with respect to any article or method. 3 15. GTI will suffer irreparable harm if a permanent injunction does not issue in 4 the form set forth in this Final Judgment and Permanent Injunction. 5 16. The balance of hardships and public policy favor the issuance of a 6 permanent injunction in favor of GTI. 7 17. The Court hereby enters final judgment in favor of GTI and against 8 Defendants on Counts I and II of the Complaint as specified above and dismisses with 9 prejudice Count II as to the ‘441 and ‘273 patents, and dismisses with prejudice Counts III, 10 IV, and V of the Complaint. 11 18. The Court hereby permanently enjoins Defendants, their officers, agents, 12 servants, employees, and all persons acting in active concert or participation with them 13 who receive actual notice of this injunction by personal service or otherwise, from 14 making, using, selling, offering to sell or importing any product, material or article that 15 infringes claim 1, 2, 3, 5 or 6 of the ‘912 patent, and from making, using, selling, 16 offering to sell or importing any product, material or article that, when incorporated into 17 an electronic device, infringes claim 18 of the ’912 patent; or claim 1 or 24 of the ‘520 18 patent; or claim 11 of the ‘874 patent. 19 19. The terms of the Settlement Agreement between the parties and this 20 judgment are to be construed together. 21 / / / 22 / / / 23 / / / 24 / / / 25 / / / 26 / / / 27 / / / 28 / / / -4FINAL JUDGMENT AND PERMANENT INJUNCTION 1 20. All parties shall bear their respective attorneys’ fees and costs. 2 21. The Court shall maintain jurisdiction over this action for purposes of 3 enforcement of the Final Judgment and Permanent Injunction and the Settlement 4 Agreement between the parties. 5 Respectfully submitted and STIPULATED TO this the 2nd day of October, 2009, by: 6 7 8 9 10 11 12 /s/ John F. Triggs (Admitted Pro Hac Vice) (TN BPR No. 026718) WADDEY & PATTERSON, P.C. 1600 Division Street, Suite 500 Nashville, Tennessee 37203 (615) 242-2400 (615) 242-2221 facsimile 13 Steven A. Browne (CA State Bar No. 214444) 14 WALLER LANSDEN DORTCH & DAVIS 15 333 S. Grand Avenue, Suite 1800 Los Angeles, California 90071 16 (213) 362-3680 17 (213) 362-3679 facsimile /s/ Joseph C. Andras (CA State Bar No. 138181) Vic Y. Lin (CA State Bar No. 192292) MYERS ANDRAS SHERMAN L.L.P. 19900 MacArthur Blvd., Suite 1150 Irvine, California 92612 (949) 223-9600 (949) 223-9610 facsimile Attorneys for JTProfound Technology Co., Ltd. and Jing-Wen Tzeng 18 Attorneys for GrafTech International 19 Holdings Inc. 20 21 IT IS SO ORDERED this 21 day of October, 2009. 22 23 BY THE COURT 24 25 26 ________________________________ HON. DAVID O. CARTER UNITED SATES DISTRICT JUDGE 27 28 -5FINAL JUDGMENT AND PERMANENT INJUNCTION
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