Cap Export, LLC v. Zinus, Inc. et al, No. 2:2016cv00371 - Document 397 (C.D. Cal. 2021)
Court Description: FINAL JUDGMENT by Judge John W. Holcomb, in favor of Cap Export, LLC, Abraham Amouyal against Zinus, Inc. IT ISHEREBY ORDERED, ADJUDGED, AND DECREED that judgment beentered as follows:1. This Court has jurisdiction over the above-captioned actionpurs uant to 28 U.S.C. §§ 1331 & 1338.2. Claims 1, 2, and 3 of the U.S. Patent No. 8,931,123 are INVALIDunder 35 U.S.C. § 102(a)(1).3. The Court declines to exercise supplemental jurisdiction over thesole remaining claim for relief of Zinus , Inc., for unfair business practices under Cal. Bus. & Prof. Code § 17200. Accordingly, that claim is DISMISSED WITHOUT PREJUDICE. 4. Thereby, judgment in the above-captioned case is entered in FAVOR of Cap Export, LLC and Abraham Amouy al, and AGAINST Zinus, Inc., on the issue of patent invalidity. 5. To the extent that Cap Export, LLC; Abraham Amouyal; and Zinus, Inc., or any of them, request any other form of relief, such request is DENIED WITHOUT PREJUDICE AS MOOT (MD JS-6, Case Terminated). (See document for further details) (yl)
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Cap Export, LLC v. Zinus, Inc. et al Doc. 397 J S -6 1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 FOR THE CENTRAL DISTRICT OF CALIFORNIA 8 9 CAP EXPORT, LLC, a California Limited Liability Company, 10 11 12 13 Plaintiff, Case No. 2:16-cv-00371-JWH (MRWx) FINAL JUDGMENT v. ZINUS, INC., a California corporation; and DOES 1 through 10, inclusive, 14 Defendants. 15 16 ZINUS, INC. a California corporation, Counterclaimant, 17 18 19 v. CAP EXPORT, LLC, a California Limited Liability Company, 20 21 Counterdefendant. ZINUS, INC., a California corporation, 22 23 24 25 26 27 Third-Party Claimant, v. ABRAHAM AMOUYAL, an individual; and 4MODA CORP., a California corporation, Third-Party Defendants. 28 Dockets.Justia.com The above-captioned matter came before the Honorable John W. 1 2 Holcomb, United States District Judge, pursuant to the parties’ motions for 3 summary judgment. All claims for relief have now been resolved. In accordance 4 with the Order on Motion for Partial Summary Judgment re Inequitable 5 Conduct and Motion for Summary Judgement re Invalidity, Etc. [ECF No. 394], 6 and pursuant to Rule 58 of the Federal Rules of Civil Procedure, IT IS 7 HEREBY ORDERED, ADJUDGED, AND DECREED that judgment be 8 entered as follows: 1. 9 10 pursuant to 28 U.S.C. §§ 1331 & 1338. 2. 11 12 This Court has jurisdiction over the above-captioned action Claims 1, 2, and 3 of the U.S. Patent No. 8,931,123 are INVALID under 35 U.S.C. § 102(a)(1). 3. 13 The Court declines to exercise supplemental jurisdiction over the 14 sole remaining claim for relief of Zinus, Inc., for unfair business practices under 15 Cal. Bus. & Prof. Code § 17200. Accordingly, that claim is DISMISSED 16 WITHOUT PREJUDICE. 4. 17 Thereby, judgment in the above-captioned case is entered in 18 FAVOR of Cap Export, LLC and Abraham Amouyal, and AGAINST Zinus, 19 Inc., on the issue of patent invalidity. 5. 20 To the extent that Cap Export, LLC; Abraham Amouyal; and 21 Zinus, Inc., or any of them, request any other form of relief, such request is 22 DENIED WITHOUT PREJUDICE AS MOOT. 6. 23 Cap Export, LLC and Abraham Amouyal are the prevailing parties 24 in this action. The parties, and each of them, are DIRECTED to file any 25 motion or application for costs or attorneys’ fees (whether or not governed by 26 /// 27 /// 28 /// -2- 1 Rule 54 of the Federal Rules of Civil Procedure) within thirty (30) days after 2 entry of this final judgment. 3 IT IS SO ORDERED. 4 5 6 Dated: June 21, 2021 John W. Holcomb UNITED STATES DISTRICT JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3-
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