Drop Stop LLC v. Jian Qing Zhu et al, No. 2:2016cv07916 - Document 155 (C.D. Cal. 2017)
Court Description: FINAL JUDGMENT by Judge Andrew J. Guilford. The Court, having considered the Parties Revised Joint Stipulation for Entry of Final Judgment 154 submitted, hereby enters Final Judgment as follows: (see document for details). (MD JS-6, Case Terminated). (dro)
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Drop Stop LLC v. Jian Qing Zhu et al 1 2 3 4 5 6 7 8 9 Guy Ruttenberg, Bar No. 207937 guy@ruttenbergiplaw.com Bassil Madanat, Bar No. 285280 bassil@ruttenbergiplaw.com Daniel Kadin, Bar No. 311471 daniel@ruttenbergiplaw.com RUTTENBERG IP LAW, A PROFESSIONAL CORPORATION 1801 Century Park East, Suite 1920 Los Angeles, CA 90067 Telephone: (310) 627-2270 Facsimile: (310) 627-2260 UNITED STATES DISTRICT COURT 11 FOR THE CENTRAL DISTRICT OF CALIFORNIA 12 14 17 18 19 20 21 22 23 24 25 Case No. 2:16-cv-07916 AG(SSx) DROP STOP LLC, a California Limited Liability Company, 15 16 JS-6 Attorneys for Plaintiff Drop Stop LLC 10 13 Doc. 155 FINAL JUDGMENT Plaintiff, v. JIAN QING “JOHNNY” ZHU, an individual; ZAKE INTERNATIONAL INC., an Indiana Corporation; ZAKE USA, an unincorporated entity; 3BTECH, INC., an Indiana Corporation; SHENZHEN ZHOUWU TECHNOLOGY CO., LTD., a Chinese Limited Company; and TAIWU KEJI CO., LTD., a Chinese Limited Company. Judge: Hon. Andrew J. Guilford Defendants. 26 27 28 FINAL JUDGMENT Dockets.Justia.com 1 2 3 The Court, having considered the Parties’ Revised Joint Stipulation for Entry of Final Judgment submitted, hereby enters Final Judgment as follows: 1. Judgment is entered in favor of Drop Stop with respect to its claims for 4 direct and indirect infringement of claims 8, 10-14 and 16-18 (the “Asserted Claims”) 5 of the ’291 Patent. 6 2. Each Asserted Claim of the ’291 Patent is valid and enforceable; 7 3. Defendants’ defenses and counterclaims are dismissed with prejudice, 8 including without limitation Defendants’ counterclaims for declaratory relief of non- 9 infringement and invalidity with respect to the ’291 Patent; 10 11 12 13 14 15 16 4. The accused products identified in the First Amended Complaint, (Dkt. 17 No. 63), including the exemplary product (pictured above), or any insubstantial 18 derivation thereof, are covered by and infringe each Asserted Claim of the ’291 19 Patent; 20 5. Defendants, their officers, directors, members, agents, servants, 21 employees, and/or attorneys, as well as any others in active concert or participation 22 with any of the foregoing who receive actual notice of this Judgment by personal 23 service or otherwise, are preliminarily and permanently enjoined from making, using, 24 offering for sale, selling, importing into the United States or selling for importation 25 into the United States any Car Seat Gap Filler, as defined below, to the full extent 26 afforded under Fed. R. Civ. P. 65(d). The foregoing entities and individuals are also 27 preliminarily and permanently enjoined from assisting, aiding, or abetting any 28 FINAL JUDGMENT 1 violation of this injunction by any person or business entity subject to the injunction 2 to the full extent afforded under Fed. R. Civ. P. 65(d). 3 4 6. The injunction shall encompass any Car Seat Gap Filler, which includes any and all of the following: 5 a. The exemplary product depicted above; 6 b. Any car seat gap filler sold under the ChiTronic® name; 7 c. Any car seat gap filler offered through the Also Popular Amazon.com 8 9 platform; d. Any car seat gap filler made, sold, offered for sale, imported into the 10 United States, or sold for importation into the United States by any of 11 the Defendants, their officers, directors, members, agents, servants, 12 employees, and/or attorneys, as well as any others in active concert or 13 participation with any of the foregoing who receive actual notice of this 14 Judgment by personal service or otherwise; 15 16 17 e. Any car seat gap fillers that are substantially similar to those described in subsections 6(a) through 6(d) above; f. An apparatus adapted to be disposed in an automotive vehicle between a 18 seat and a central console of the automotive vehicle, comprising an 19 elongated member including a casing having a top, a bottom, and a pair 20 of opposed first and second sides, the casing enclosing a core, the first 21 side adapted to abut the seat and the second side adapted to abut the 22 central console, the elongated member configured to slide along the 23 central console during longitudinal motion of the seat; and a slot 24 encircled by the casing and the core, and extending between the bottom 25 and top of the elongated member in a generally vertical attitude normal 26 to both the bottom and the top and aligned longitudinally when placed in 27 the vehicle and adapted to receive a seatbelt component having one end 28 anchored to a side of the seat, wherein the slot provides engagement to FINAL JUDGMENT 1 the seatbelt component when properly positioned adjacent the car seat to 2 permit the elongated member to slide along the central console during 3 longitudinal motion of the seat, wherein the slot is generally oval in 4 shape when engaged with the seatbelt component.; 5 g. An apparatus for use in an automotive vehicle having a central console 6 extending alongside a seat, comprising an elongated member including a 7 casing of a first material enclosing a core of a second material having a 8 first portion adapted to be pressed against the central console positioned 9 adjacent to the seat, and a second portion adapted to be pressed against 10 the seat when the elongated member is positioned in a gap defined 11 between the central console and the seat; and a slot extending through 12 the casing and the core of the elongated member, and adapted to receive 13 a safety belt receiving component having a first end coupled to the seat 14 and a second free end, wherein the slot is configured to allow the free 15 end of the safety belt receiving component to pass through the slot and 16 wherein the slot is conformable around the safety belt receiving 17 component, and wherein the slot provides engagement to the safety belt 18 receiving component when properly positioned adjacent to the seat, 19 wherein the slot has an open configuration when engaged with the safety 20 belt receiving component and a partially closed configuration when 21 disengaged from the safety belt receiving component.; 22 h. Any apparatus that performs substantially the same function, in 23 substantially the same way, to achieve substantially the same result as 24 any those described in subsections 6(f) through 6(g), or if the differences 25 over the apparatuses described in 6(f) through 6(g) are insubstantial; 26 and/or 27 28 i. Any other apparatus that is covered by any Asserted Claim of the ’291 Patent, either literally or under the doctrine of equivalents. FINAL JUDGMENT 1 7. After entry of Final Judgment, Drop Stop may file a motion for 2 attorneys’ fees and costs within the time set forth in Fed. R. Civ. P. 54(d), and the 3 Court will retain jurisdiction to consider such motion, including to make any and all 4 factual findings (e.g., willfulness, litigation misconduct, exceptional case) related to 5 such a finding. 6 7 IT IS SO ORDERED. 8 9 Dated: November 1, 2017 10 11 12 By ____________________________ Hon. Andrew J. Guilford United States District Judge 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 FINAL JUDGMENT
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