Maxlite, Inc. v. ATG Electronics Limited, et al, No. 5:2020cv02648 - Document 55 (C.D. Cal. 2021)
Court Description: CONSENT JUDGMENT AND FINAL JUDGMENT by Judge John W. Holcomb. WHEREAS the Parties agree that this Consent Injunction shall not be deemed to be an interpretation or construction of any claim or term of the Asserted Patentsand further agree that this Consent Injunction is an agreement between the Parties as a matter of compromise in lieu of litigating patent issues; (See document for further details) Related to: Stipulation for Settlement 52 ( MD JS-6. Case Terminated ) (yl)
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Maxlite, Inc. v. ATG Electronics Limited, et al Doc. 55 1 J S -6 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA – EASTERN DIVISION 10 11 Plaintiff, 12 v. 13 14 Case No. 5:20−cv−02648−JWH−SPx MAXLITE, INC., ATG ELECTRONICS, INC., CONSENT INJUNCTION AND FINAL JUDGMENT Defendant. 15 16 17 ATG ELECTRONICS, INC., 18 Counter Claimant, 19 20 v. MAXLITE, INC., 21 Counter Defendant. 22 23 24 25 26 27 28 CONSENT INJUNCTION AND FINAL JUDGMENT Dockets.Justia.com WHEREAS, on December 23, 2020, MaxLite, Inc. (“MaxLite”) instituted the 1 2 instant litigation bearing the above-referenced docket number (the “Litigation”) 3 alleging that ATG Electronics, Inc. (“ATG”), ATG Electronics Limited, and Tianjin 4 CEHL Tech. Co., Ltd., had infringed and were continuing to infringe U.S. Patent 5 No. 10,612,757 (“the ’757 Patent”) and U.S. Patent No. 10,473,309 (“the ’309 6 Patent,” and together with the ’757 Patent, the “Asserted Patents”) by making, using, 7 offering for sale, selling, and/or importing the ATG Aero® Area Light (the “Aero”) 8 in the United States; 9 WHEREAS, on April 15, 2021, MaxLite dismissed Defendants ATG 10 Electronics Limited and Tianjin CEHL Tech Co., Ltd. from the Litigation without 11 prejudice [ECF No. 23]; WHEREAS, on April 19, 2021, ATG filed an Answer to the Complaint with 12 13 counterclaims for declaratory judgment of non-infringement and invalidity [ECF 14 No. 24]; 15 WHEREAS MaxLite and ATG (the “Parties”) have set forth the terms of their 16 settlement of this Litigation in a confidential Settlement Agreement and have further 17 agreed to abide by the terms of this Consent Injunction; and 18 WHEREAS the Parties do not acknowledge or admit liability on the part of 19 either Party for any claim, counterclaim, or defense asserted in this Litigation, and 20 the Parties do not acknowledge or admit the determination or finding of any fact, 21 whatsoever; and WHEREAS the Parties agree that this Consent Injunction shall not be deemed 22 23 to be an interpretation or construction of any claim or term of the Asserted Patents 24 and further agree that this Consent Injunction is an agreement between the Parties as 25 a matter of compromise in lieu of litigating patent issues; 26 MaxLite and ATG hereby agree as follows: 27 1. 28 For purposes of this Consent Injunction, the term “Aero” includes all models, versions, iterations, or variations, of ATG’s LED lighting product (under any 1 CONSENT INJUNCTION AND FINAL JUDGMENT 1 catalog number, product number, part number, or other designation) ever offered for 2 sale and/or sold under the trade name Aero. 2. 3 During the time that one or both of the Asserted Patents is in effect, 4 ATG, its parent companies, its affiliated companies, its related companies, and/or 5 anyone acting at the direction of or in concert with ATG (the “ATG enjoined 6 parties”) are permanently enjoined from making, using, offering to sell, or selling the 7 Aero within the United States, importing the Aero into the United States, or actively 8 inducing another to make, use, offer for sale, or sell the Aero within the United 9 States or import the Aero into the United States. 3. 10 This Court shall retain jurisdiction over this Litigation for the purpose of 11 enforcing this Consent Injunction and the terms of the Parties’ Settlement 12 Agreement. 13 14 Agreed to this 3rd day of December 2021: 15 16 17 18 19 20 21 /s/ Jordan M. Engelhardt Kelly M. Purcaro (Pro Hac Vice) kpurcaro@aystrauss.com Jordan M. Engelhardt (Pro Hac Vice) jengelhardt@aystrauss.com A.Y. STRAUSS, LLC 101 Eisenhower Parkway, Suite 412 Roseland, New Jersey 07068 Telephone: 973.287.5008 /s/ William J. Brown, Jr. William J. Brown, Jr. (SBN 192950) bill@brownwegner.com Matthew K. Wegner (SBN 223062) mwegner@brownwegner.com BROWN WEGNER LLP 2010 Main Street, Suite 1260 Irvine, California 92614 Telephone: 949.705.0080 Marc L. Godino (SBN 182689) Email: mgodino@glancylaw.com 23 GLANCY PRONGAY & MURRAY LLP 24 1925 Century Park East, Suite 2100 Los Angeles, California 90025 25 Telephone: 310.201.9150 22 26 27 28 Attorneys for Plaintiff MAXLITE, INC. Attorneys for Defendant/ Counterclaimant, ATG ELECTRONICS, INC. 2 CONSENT INJUNCTION AND FINAL JUDGMENT IT IS SO ORDERED this 7th day of December, 2021. 1 2 3 JOHN W. HOLCOMB UNITED STATES DISTRICT JUDGE 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 CONSENT INJUNCTION AND FINAL JUDGMENT
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