Carson Cheng et al v. AIM Sports, Inc. et al, No. 2:2010cv03814 - Document 358 (C.D. Cal. 2012)
Court Description: FINAL CONSENT JUDGMENT AND PERMANENT INJUNCTON by Judge Philip S. Gutierrez: Plaintiffs Carson Cheng ("Cheng") and New Century Sci & Tech, Inc. ("NCS&T") (collectively "Plaintiffs") and Defendants AIM Sports, Inc. (" ;AIM Sports"), Guoping Cui ("G. Cui"), Ying Cui ("Y. Cui"), Shandong International Economic & Technical Development Co., Ltd. ("SIET"), Combat Optical, Inc. ("Combat Optical"), and Juan Covarrubias (" Covarrubias") (collectively "Defendants") hereby stipulate and jointly move for entry of final judgment as follows: The parties have entered into a settlement agreement to resolve their dispute. Pursuant to the Patent Act, 35 U.S.C. &# 167; 283, Defendants and each of them stipulate that Defendants, together with their officers, directors, agents, servants, employees and affiliates thereof, representatives and attorneys,and all persons acting or attempting to act in concert or part icipation with them, are permanently enjoined and restrained. Each party will bear its own costs and attorneys' fees for this action. No other or further relief is granted to any party. The parties advise that they affirmatively waiver any and all rights to appeal this Final Consent Judgment and Permanent Injunction. This Court retains jurisdiction to monitor and enforce compliance with this Permanent Injunction. (MD JS-6. Case Terminated) (ir)
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Carson Cheng et al v. AIM Sports, Inc. et al 1 2 3 4 5 6 7 8 9 10 11 12 Doc. 358 Rodney W. Bell (SBN 125314); rbell@changcote.com Audrey L. Khoo (SBN 254007); akhoo@changcote.com CHANG & COTE, LLP 19138 E. Walnut Drive North, Suite 100 Rowland Heights, CA 91748 Telephone: (626) 854-2112; Facsimile: (626) 854-2120 E-FILED 09/07/12 JS-6 Michael K. Friedland (SBN 157217); mfriedland@kmob.com Boris Zelkind (SBN 214014); boris.zelkind@kmob.com Ali S. Razai (SBN 246922); ali.razai@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 Plaintiffs, CARSON CHENG and NEW CENTURY SCI & TECH, INC. Norbert Stahl (SBN 194091); nstahl@patentlawservice.com STAHL LAW FIRM 2 Meadowsweet Lane San Carlos, CA 94070 Telephone: (650) 802-8800; Facsimile: (650) 802-8484 Attorney for Defendants AIM SPORTS, INC., YING CUI, G. CUI, JUAN COVARRUBIAS, SHANDONG INT’L and COMBAT OPTICAL, INC. 13 IN THE UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA WESTERN DIVISION 14 15 16 17 CARSON CHENG, an individual; NEW CENTURY SCI & TECH, INC., a California corporation, Plaintiffs, 18 19 20 21 22 23 24 25 26 27 28 v. AIM SPORTS, INC., a California corporation; GUOPING CUI, an individual also known as George Cui; YING CUI, an individual also known as Amber Cui; JUAN COVARRUBBIAS, an individual; QINGDAO AMBER SPORTS CO., LTD., a Chinese registered company; SHANDONG INTERNATIONAL ECONOMIC & TECHNICAL DEVELOPMENT CO., LTD., a Chinese registered company; COMBAT OPTICAL, INC., a California corporation; MICRO WORLD CORP., a California corporation doing business as BARSKA, Defendants. AND RELATED COUNTERCLAIMS. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Civil Action No. CV 10-03814 PSG (PLAx) [PROPOSED] FINAL CONSENT JUDGMENT AND PERMANENT INJUNCTION Dockets.Justia.com 1 Plaintiffs Carson Cheng (“Cheng”) and New Century Sci & Tech, Inc. 2 (“NCS&T”) (collectively “Plaintiffs”) and Defendants AIM Sports, Inc. (“AIM 3 Sports”), Guoping Cui (“G. Cui”), Ying Cui (“Y. Cui”), Shandong International 4 Economic & Technical Development Co., Ltd. (“SIET”), Combat Optical, Inc. 5 (“Combat Optical”), and Juan Covarrubias (“Covarrubias”) (collectively 6 “Defendants”) hereby stipulate and jointly move for entry of final judgment as 7 follows: 8 9 WHEREAS, on September 4, 2012 (“Effective Date”) Plaintiffs and Defendants entered into a Definitive Agreement of Settlement and Release 10 11 12 13 (“Settlement Agreement) that disposed of all claims in this Action; and WHEREAS, pursuant to the Settlement Agreement, the parties have agreed to entry of a Final Consent Judgment and Permanent Injunction as set 14 15 16 17 forth herein; 1. This Court has subject matter jurisdiction over this action as well as personal jurisdiction over the parties. 18 19 2. Venue is proper in this judicial district. 20 3. Cheng is the owner of U.S. Design Patent No. D543,605 (“the ‘605 21 Patent”); U.S. Design Patent No. D542,880 (“the ‘880 Patent”); U.S. Design 22 23 Patent No. D555,750 (“the ‘750 Patent”); U.S. Design Patent No. D555,751 24 (“the ‘751 Patent”); U.S. Design Patent No. D555,455 (“the ‘455 Patent”); and 25 U.S. Design Patent No. D598,723 (“the ‘723 Patent”). 26 27 4. 28 NCS&T is the owner of U.S. Patent No. 6,754,987 (“the ‘987 Patent”). -2- 1 2 5. The claims of the ‘605 Patent, the ‘880 Patent, the ‘750 Patent, the ‘751 Patent, the ‘455 Patent, the ‘723 Patent and the ‘987 Patent are valid and 3 4 5 6 enforceable. 6. The Court’s summary judgment decision with respect to invalidity of the ‘723 Patent is vacated. 7 8 9 10 7. The Court’s Order Granting in Part and Denying in Part Plaintiffs’ Motion for Sanctions of August 23, 2011 (docket #191), and the Court’s Order Fixing Attorneys’ Fees of October 31, 2011 (docket #289) (collectively 11 12 “Sanctions Orders”) are both vacated (except to the extent already 13 consummated). 14 8. Plaintiffs have accused Defendants of willfully infringing the ‘751 15 16 Patent by their manufacture, sale, marketing and/or distribution of their Tri-rail 17 mount for the AK, AIM item no. MK001T and Combat Optical item no. 18 MK001T (“the ’751 Accused Products”). 19 20 21 22 9. Plaintiffs have accused Defendants of willfully infringing the ‘880 Patent by their manufacture, sale, marketing and/or distribution of their AR15 tri-mount flat top mount, AIM item no. MT008, and the 4x30 fiber optic sight 23 24 scope tri mount riser with LED flashlight 5mw laser sight, Combat Optical SKU 25 AR-S-C5 (“the ’880 Accused Products”). 26 27 28 -3- 1 2 10. Plaintiffs have accused Defendants of willfully infringing the ‘605 Patent by their manufacture, sale, marketing and/or distribution of their SKS 3 4 5 6 tactical scope mount, AIM item no. MS001T (“the ’605 Accused Products”). 11. Plaintiffs have accused Defendants of willfully infringing the ‘750 Patent by their manufacture, sale, marketing and/or distribution of their AR15 7 8 9 10 carry handle tri-mount, AIM item no. MT009 and AR15 M4 detachable carry handle red dot sight strobe flashlight green laser combo, Combat Optical SKU AR-RD-C3 (“the ’750 Accused Products”). 11 12 13 14 12. Plaintiffs have accused Defendants of willfully infringing the ‘455 Patent by their manufacture, sale, marketing and/or distribution of their AIM item no. ZJM-MK16, AIM item no. ZJM-MK1, and the MK-2 16 combo tool 15 16 17 18 (“the ’455 Accused Products”). 13. Plaintiffs have accused Defendants of willfully infringing the ‘987 Patent by their manufacture, sale, marketing and/or distribution of their AIM 19 20 21 22 item No. ZJM-ARLU magazine loader (“the ’987 Accused Products”). 14. Defendants deny all of Plaintiffs’ allegations of wrongdoing, including that the subject patents were willfully infringed. The Court makes no 23 24 25 26 27 28 finding of infringement. 15. The parties have entered into a settlement agreement to resolve their dispute. Pursuant to the Patent Act, 35 U.S.C. § 283, Defendants and each of them stipulate that Defendants, together with their officers, directors, -4- 1 2 agents, servants, employees and affiliates thereof, representatives and attorneys, and all persons acting or attempting to act in concert or participation with them, 3 4 5 6 are permanently enjoined and restrained from making, using, offering to sell, selling, or distributing within the United States, its territories and possessions, or by importing into the United States, its territories and possessions the following 7 8 9 10 products (referred collectively herein as “Covered Products”): a. the ‘751 Accused Products or any other devices that are no more than colorably different therefrom during the life of the ‘751 11 12 13 14 patent; b. the ‘880 Accused Products or any other devices that are no more than colorably different therefrom during the life of the ‘880 15 16 17 18 patent; c. the ‘605 Accused Products or any other devices that are no more than colorably different therefrom during the life of the ‘605 19 20 21 22 patent; d. the ‘750 Accused Products or any other devices that are no more than colorably different therefrom during the life of the ‘750 23 24 25 26 27 28 patent; e. the ‘455 Accused Products or any other devices that are no more than colorably different therefrom during the life of the ‘455 patent; and -5- f. the ‘987 Accused Products or any other devices that are no more 1 2 than colorably different therefrom during the life of the ‘987 3 patent. 4 5 6 16. This injunction shall take effect as of the Effective Date. The prohibition of paragraph 15 shall remain in effect as long as the respective 7 8 9 10 patents remain unexpired. 17. Defendants shall identify to Plaintiffs all of their remaining inventory of the Covered Products and shall either destroy said products or 11 12 tender them to Plaintiffs, within 15 days of the entry of this Final Consent 13 Judgment and Permanent Injunction. 14 Within such time, Defendants shall provide Plaintiffs with written certification under oath that all Covered Products 15 16 that were within their possession or control as of the date of entry of this order 17 have been destroyed or tendered to Plaintiffs in accordance with this provision. 18 18. Plaintiffs will not pursue infringement allegations against 19 20 21 22 Defendants’ customers for Covered Products sold prior to September 4, 2012. 19. Each party will bear its own costs and attorneys’ fees for this action. 23 24 20. No other or further relief is granted to any party. 25 21. The parties advise that that they affirmatively waive any and all 26 27 rights to appeal this Final Consent Judgment and Permanent Injunction. 28 -6- 1 2 22. This Court retains jurisdiction to monitor and enforce compliance with this Permanent Injunction. 3 IT IS SO STIPULATED AND AGREED 4 5 Respectfully submitted, 6 KNOBBE, MARTENS, OLSON & BEAR, LLP 7 8 Dated: September 6, 2012 9 10 By: /s/ Boris Zelkind Michael Friedland Boris Zelkind Ali S. Razai Attorneys for Plaintiffs Carson Cheng and New Century Sci & Tech, Inc. 11 12 STAHL LAW FIRM 13 14 Dated: September 6, 2012 15 By: /s/ Norbert Stahl Norbert Stahl Attorney for Defendants AIM Sports, Inc., Ying Cui, G. Cui, Juan Covarrubias, Shandong Int’l and Combat Optical 16 17 18 IT IS SO ORDERED AND DECREED, AND FINAL JUDGMENT IS 19 HEREBY ENTERED 20 21 22 23 Dated: 09/07/12 Philip P. Gutierrez UNITED STATES DISTRICT COURT JUDGE 24 25 26 27 28 13910645 090512 -7-
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