Seiko Epson Corporation et al v. Vision Imaging Supplies, Inc. et al, No. 2:2021cv02756 - Document 57 (C.D. Cal. 2021)
Court Description: ORDER GRANTING STIPULATED FINAL CONSENT JUDGMENT AS TO VISION IMAGING SUPPLIES, INC. 55 by Judge Mark C. Scarsi: Defendant and its officers and directors, agents etc. are otherwise, shall not make, use, sell, offer to sell, or import into the U nited States the Accused Products or any products not colorably different therefrom. This Consent Judgment shall finally conclude and dispose of all claims and counterclaims of Plaintiffs against Defendant and Defendant against Plaintiffs with prejudice. Each party shall bear its own costs and attorneys' fees. (SEE DOCUMENT FOR SPECIFICS). ( MD JS-6. Case Terminated ) (lc)
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Seiko Epson Corporation et al v. Vision Imaging Supplies, Inc. et al Doc. 57 1 2 JS-6 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 12 SEIKO EPSON CORPORATION, et al. Plaintiffs, 13 14 15 vs. VISION IMAGING SUPPLIES, INC., Case No. 2:21-cv-02756-MCS-JEM ORDER GRANTING STIPULATED FINAL CONSENT JUDGMENT AS TO VISION IMAGING SUPPLIES, INC. (ECF No. 55) Defendant. 16 17 VISION IMAGING SUPPLIES, INC., Counterclaim-Plaintiff, 18 19 vs. 20 SEIKO EPSON CORPORATION, et al. Counterclaim-Defendants. 21 22 23 24 25 26 27 28 ORDER GRANTING STIPULATED FINAL CONSENT JUDGMENT AS TO VISION IMAGING SUPPLIES, INC. Dockets.Justia.com 1 2 CONSENT JUDGMENT The parties having considered the facts and applicable law and having agreed 3 to the entry of this Stipulated Final Consent Judgment and Permanent Injunction 4 (“Consent Judgment”), and the parties having stipulated that there is no just reason 5 for delaying entry of final judgment in this action as to Vision Imaging Supplies, Inc. 6 (referred to herein as “Vision Imaging” or “Defendant”), it is hereby ordered, 7 adjudged, and decreed as follows: 8 9 FINDINGS OF FACT 1. Plaintiff Seiko Epson Corporation (“Seiko Epson”) is a corporation 10 organized and existing under the laws of Japan. Its principal place of business is 11 located at 3-3-5 Owa Suwashi Nagano-Ken, 392-8502, Japan. Seiko Epson is in the 12 business of manufacturing and selling a wide variety of consumer, commercial and 13 industrial products, including ink cartridges for use with Epson printers. Subject to 14 the exclusive licenses described below, it owns all right, title, and interest in, including 15 the right to sue thereon and the right to recover for infringement thereof, the ’116 16 Patent defined below. 17 2. Plaintiff Epson America, Inc. (“Epson America”) is a corporation 18 organized and existing under the laws of the State of California. Its principal place of 19 business is located at 3131 Katella Avenue, Los Alamitos, California 90720. As the 20 North American sales, marketing, and customer service affiliate of Seiko Epson, 21 Epson America is the exclusive licensee of the ’116 Patent for distributing in the 22 United States products that are covered by the ’116 Patent. 23 3. Plaintiff Epson Portland Inc. (“Epson Portland”) is a corporation 24 organized and existing under the laws of the State of Oregon. Its principal place of 25 business is located at 3950 NE Aloclek Drive, Hillsboro, Oregon 97124. Epson 26 Portland maintains an exclusive license to manufacture products in the United States 27 28 ORDER GRANTING STIPULATED FINAL CONSENT JUDGMENT AS TO VISION IMAGING SUPPLIES, INC 1 under the ’116 Patent. Collectively, plaintiffs Seiko Epson, Epson America, and 2 Epson Portland are sometimes hereinafter referred to as “Epson” or “Plaintiffs.” 3 4. Defendant Vision Imaging is a corporation organized and existing under 4 the laws of the State of California. It heretofore has been in the business, among 5 others, of selling ink cartridges in the United States, including in the Central District 6 of California. 7 5. Defendant has sold within and offered to sell within the United States, 8 including in the State of California, remanufactured ink cartridges for use with Epson 9 printers. 10 6. Epson owns all right, title, and interest in, including the right to sue 11 thereon and the right to recover for infringement thereof, United States Patent No. 12 8,454,116 (“the ’116 Patent”), which was duly and legally issued to Seiko Epson by 13 the United States Patent and Trademark Office on June 4, 2013. 14 7. The ’116 Patent relates generally to certain ink cartridges for printers and 15 components thereof. 16 8. Epson brought this action against Defendant for infringement of the ’116 17 Patent. 18 9. Defendant has sold within, and offered to sell within, the United States, 19 including the State of California, certain ink cartridges with replacement circuit 20 boards which were used in remanufacturing and refurbishing genuine empty Epson 21 ink cartridges for use with Epson printers that Epson has alleged infringe claims 1822 24 of the ’116 Patent (hereinafter, the “Accused Products”). A listing of the Accused 23 Products is attached hereto as “Attachment A” and is incorporated herein by 24 reference. Defendant has denied that it infringes any valid and enforceable claims of 25 the ’116 Patent and has asserted a Counterclaim against Epson for a declaratory 26 judgment that Epson’s patent rights have been exhausted with respect to the Accused 27 28 ORDER GRANTING STIPULATED FINAL CONSENT JUDGMENT AS TO VISION IMAGING SUPPLIES, INC 1 Products. Epson has answered the Counterclaim, denying Defendants’ allegations of 2 non-infringement, exhaustion, and repair. 3 10. Any finding of fact which is deemed to be a Conclusion of Law is hereby 4 adopted as such. Any Conclusion of Law which is deemed to be a finding of fact is 5 hereby adopted as such. 6 11. The parties seek to terminate this litigation through this Consent 7 Judgment. 8 9 CONCLUSIONS OF LAW 12. This is an action for patent infringement arising under the patent laws of 10 the United States, 35 U.S.C. § 271. This Court has subject matter jurisdiction over 11 the claims for patent infringement pursuant to 28 U.S.C. §§ 1331 and 1338(a). 12 13. The parties agree that this Court has personal jurisdiction over the 13 parties, and that venue may be had in this district. 14 14. For purposes of enforcement of this Consent Judgment, Defendant will 15 not challenge the validity and enforceability of the claims of the ’116 Patent. 16 15. The parties intend and this Court explicitly orders that this Consent 17 Judgment bars Defendant from contending in this action or any other proceeding that 18 the Accused Products and other products that are not colorably different therefrom do 19 not infringe the ’116 Patent. 20 16. This Consent Judgment shall finally conclude and dispose of this 21 litigation as to the parties to this Consent Judgment, and this Judgment shall be 22 entitled to issue and claim preclusion effect. 23 IT IS HEREBY FOUND, ORDERED, ADJUDGED, AND DECREED 24 THAT: 25 A. Defendant and its officers and directors, agents, servants, employees, 26 attorneys, and distributors, who are in active concert or participation with, through, or 27 under them and who receive actual notice of this Judgment by personal service or 28 ORDER GRANTING STIPULATED FINAL CONSENT JUDGMENT AS TO VISION IMAGING SUPPLIES, INC 1 otherwise, shall not make, use, sell, offer to sell, or import into the United States the 2 Accused Products or any products not colorably different therefrom. 3 B. This Consent Judgment shall become null and void on the expiration date 4 of the ’116 Patent. This Consent Judgment shall not apply with respect to any claim 5 of an intellectual property right that has expired or been found or adjudicated invalid 6 or unenforceable by a court of competent jurisdiction, provided that such finding or 7 judgment has become final and non-reviewable. 8 C. Nothing in this Consent Judgment shall be construed as an admission of 9 liability by the Defendants, and Defendants do not concede liability. 10 D. This Court retains exclusive jurisdiction of this action, and the parties 11 consent to venue in this Court, for the purpose of insuring compliance with this 12 Consent Judgment and enforcement of the Confidential Settlement Agreement. 13 E. No appeal shall be taken by any party from this Consent Judgment, the 14 right to appeal from this Consent Judgment being expressly waived by the parties. 15 F. This Consent Judgment shall finally conclude and dispose of all claims 16 and counterclaims of Plaintiffs against Defendant and Defendant against Plaintiffs 17 with prejudice. 18 G. 19 /// 20 /// Each party shall bear its own costs and attorneys’ fees. 21 22 23 24 25 26 27 28 ORDER GRANTING STIPULATED FINAL CONSENT JUDGMENT AS TO VISION IMAGING SUPPLIES, INC 1 2 H. Final Judgment shall be entered hereto, forthwith, without further notice. 3 The Clerk is directed to enter this Final Consent Judgment forthwith. 4 5 Dated: October 12, 2021 6 7 By /s/ Gray M. Buccigross 8 Graham (Gray) M. Buccigross gbuccigross@mayerbrown.com 9 MAYER BROWN LLP 10 Two Palo Alto Square, Suite 300 3000 El Camino Real 11 Palo Alto, California 94306-2112 12 Telephone: (650)331-2067 Facsimile: (650) 331-4567 13 14 Gary M. Hnath ghnath@mayerbrown.com 15 Brian Nese 16 bnese@mayerbrown.com 1999 K. Street, NW 17 Washington, DC 2006-1101 18 Telephone: (202) 263-3000 19 Counsel for Defendant 20 Vision Imaging Supplies, Inc. By /s/ Tigran Guledjian Tigran Guledjian tigranguledjian@quinnemanuel.com Chris Mathews chrismathews@quinnemanuel.com Richard H. Doss richarddoss@quinnemaneul.com QUINN EMANUEL URQUHART & SULLIVAN, LLP 865 South Figueroa Street, 10th Floor Los Angeles, California 90017-2543 Telephone: (213) 443 3000 Facsimile: (213) 443 3100 Counsel for Plaintiffs: Seiko Epson Corporation, Epson America, Inc., and Epson Portland Inc. 21 22 IT IS SO ORDERED. 23 24 DATED: October 14, 2021 25 The Honorable Mark C. Scarsi United States District Judge 26 27 28 ORDER GRANTING STIPULATED FINAL CONSENT JUDGMENT AS TO VISION IMAGING SUPPLIES, INC 1 Attachment A 2 3 Vision Imaging Supplies, Inc., Stipulated Final Consent Judgment Seiko Epson 4 Corporation, et al., v. Vision Imaging Supplies, Inc., et al., Civil Action No. 2:21-cv5 02756-MRW (C.D. Cal.) 6 List of Accused Products 7 8 The following ink cartridges and those no more than colorably different 9 therefrom: 10 11 12 13 14 200XL T200XL420 T252XL120 T288XL T288XL420 T802XL320 T200XL120 T202XL T252XL220 T288XL120 T802XL T802XL420 T200XL220 T202XL120 T252XL320 T288XL220 T802XL120 T200XL320 T252XL T252XL420 T288XL320 T802XL220 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDER GRANTING STIPULATED FINAL CONSENT JUDGMENT AS TO VISION IMAGING SUPPLIES, INC
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