Oakley Inc v. Moda Collection LLC, No. 8:2016cv00160 - Document 30 (C.D. Cal. 2016)
Court Description: FINAL JUDGMENT AND PERMANENT INJUNCTION by Judge Josephine L. Staton. (see document for details). (MD JS-6, Case Terminated). (dro)
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Oakley Inc v. Moda Collection LLC Doc. 30 JS-6 1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 CENTRAL DISTRICT OF CALIFORNIA 9 SOUTHERN DIVISION 10 11 OAKLEY, INC., a Washington corporation, 12 13 14 15 16 17 18 Plaintiff, v. MODA COLLECTION, LLC d/b/a Moda Sunglass, a Missouri corporation, Defendant. ) Case No.: 8:16-cv-160-JLS-JCGx ) ) FINAL JUDGMENT AND ) PERMANENT INJUNCTION ) ) ) ) ) ) ) ) ) ) ) 19 20 21 22 23 24 25 26 27 28 Dockets.Justia.com 1 On June 9, 2016, the Court granted in part and denied in part Plaintiff 2 Oakley, Inc.’s motion for default judgment. (Doc. 21.) In its order, the Court 3 granted Oakley’s motion as to liability against Defendant Moda Collection, 4 LLC for patent infringement under the Patent Act. (Id.) The Court denied the 5 motion as to all remaining claims. (Id.) On September 28, 2016, the Court 6 granted Oakley’s renewed motion for default judgment and Oakley’s underlying 7 request for permanent injunctive relief, damages, and attorneys’ fees and costs. 8 (Doc. 29.) 9 10 Therefore, IT IS HEREBY ORDERED THAT: 1. Final judgment as to liability is hereby entered against Moda 11 Collection for the foregoing claim. As explained in the above Orders (Docs. 21, 12 29), the Court finds there is good cause and there is no just reason for delay to 13 enter final judgment against Moda Collection. 14 15 2. Oakley is awarded $100,000 in statutory damages, $5,600 in attorneys’ fees, and costs to be determined by the Court Clerk. 16 3. Moda Collection shall take nothing. 17 4. Moda Collection and its officers, agents, and employees, and all 18 those persons in active concert or participation with them who receive actual 19 notice of this Order by personal service or otherwise, are hereby 20 PERMANENTLY ENJOINED from directly or indirectly infringing: 21 a. Oakley’s United States Patent No. D692,047 (the “D047 22 Patent”) in violation of 35 U.S.C. § 271 by making, using, 23 selling, offering for sale and/or importing products which are 24 covered by the claim of the D047 Patent, including but not 25 limited to Defendant’s MD3072-RV model sunglasses, or any 26 product that is merely a colorable variation thereof, during the 27 term of the D047 Patent; 28 1 b. Oakley’s United States Patent No. D700,933 (the “D933 2 Patent”) in violation of 35 U.S.C. § 271 by making, using, 3 selling, offering for sale and/or importing products which are 4 covered by the claim of the D933 Patent, including but not 5 limited to Defendant’s MD3046 and MD3046-RV model 6 sunglasses, or any product that is merely a colorable variation 7 thereof, during the term of the D933 Patent; 8 c. Oakley’s United States Patent No. D610,603 (the “D603 9 Patent”) in violation of 35 U.S.C. § 271 by making, using, 10 selling, offering for sale and/or importing products which are 11 covered by the claim of the D603 Patent, including but not 12 limited to Defendant’s OV5453K model sunglasses, or any 13 product that is merely a colorable variation thereof, during the 14 term of the D603 Patent; 15 d. Oakley’s United States Patent No. D615,580 (the “D580 16 Patent”) in violation of 35 U.S.C. § 271 by making, using, 17 selling, offering for sale and/or importing products which are 18 covered by the claim of the D580 Patent, including but not 19 limited to Defendant’s OV5457K model sunglasses, or any 20 product that is merely a colorable variation thereof, during the 21 term of the D580 Patent; 22 e. Oakley’s United States Patent No. D573,172 (the “D172 23 Patent”) in violation of 35 U.S.C. § 271 by making, using, 24 selling, offering for sale and/or importing products which are 25 covered by the claim of the D172 Patent, including but not 26 limited to Defendant’s OU004KK model sunglasses, or any 27 product that is merely a colorable variation thereof, during the 28 term of the D172 Patent; 1 f. Oakley’s United States Patent No. D565,088 (the “D088 2 Patent”) in violation of 35 U.S.C. § 271 by making, using, 3 selling, offering for sale and/or importing products which are 4 covered by the claim of the D088 Patent, including but not 5 limited to Defendant’s OU004KK model sunglasses, or any 6 product that is merely a colorable variation thereof, during the 7 term of the D088 Patent; 8 g. Oakley’s United States Patent No. D564,572 (the “D572 9 Patent”) in violation of 35 U.S.C. § 271 by making, using, 10 selling, offering for sale and/or importing products which are 11 covered by the claim of the D572 Patent, including but not 12 limited to Defendant’s MD3017 and OV21K model sunglasses, 13 or any product that is merely a colorable variation thereof, 14 during the term of the D572 Patent; 15 h. Oakley’s United States Patent No. D652,442 (the “D442 16 Patent”) in violation of 35 U.S.C. § 271 by making, using, 17 selling, offering for sale and/or importing products which are 18 covered by the claim of the D442 Patent, including but not 19 limited to Defendant’s OV5454K model sunglasses, or any 20 product that is merely a colorable variation thereof, during the 21 term of the D442 Patent; 22 i. Oakley’s United States Patent No. D547,793 (the “D793 23 Patent”) in violation of 35 U.S.C. § 271 by making, using, 24 selling, offering for sale and/or importing products which are 25 covered by the claim of the D793 Patent, including but not 26 limited to Defendant’s OV5001PK model sunglasses, or any 27 product that is merely a colorable variation thereof, during the 28 term of the D793 Patent; 1 j. Oakley’s United States Patent No. D469,458 (the “D458 2 Patent”) in violation of 35 U.S.C. § 271 by making, using, 3 selling, offering for sale and/or importing products which are 4 covered by the claim of the D458 Patent, including but not 5 limited to Defendant’s RAA08PB and 5423 model sunglasses, or 6 any product that is merely a colorable variation thereof, during 7 the term of the D458 Patent; 8 k. Oakley’s United States Patent No. D462,375 (the “D375 9 Patent”) in violation of 35 U.S.C. § 271 by making, using, 10 selling, offering for sale and/or importing products which are 11 covered by the claim of the D375 Patent, including but not 12 limited to Defendant’s 5425 model sunglasses, or any product 13 that is merely a colorable variation thereof, during the term of 14 the D375 Patent; 15 l. Oakley’s United States Patent No. D564,571 (the “D571 16 Patent”) in violation of 35 U.S.C. § 271 by making, using, 17 selling, offering for sale and/or importing products which are 18 covered by the claim of the D571 Patent, including but not 19 limited to Defendant’s OH22407K model sunglasses, or any 20 product that is merely a colorable variation thereof, during the 21 term of the D571 Patent; 22 m. Oakley’s United States Patent No. D648,771 (the “D771 23 Patent”) in violation of 35 U.S.C. § 271 by making, using, 24 selling, offering for sale and/or importing products which are 25 covered by the claim of the D771 Patent, including but not 26 limited to Defendant’s PG4816 model sunglasses, or any 27 product that is merely a colorable variation thereof, during the 28 term of the D771 Patent. 1 5. After entry of this Judgment and Permanent Injunction, Oakley 2 shall promptly serve a copy of the Judgment and Permanent Injunction on Moda 3 Collection, and Oakley shall file with the Court a proof of service within 15 4 days thereafter. 5 6. The Court retains jurisdiction over this matter for the purpose of 6 making any further orders necessary or proper for the construction of this 7 Judgment and Permanent Injunction, the enforcement thereof, and the 8 punishment of any violations thereof. 9 10 IT IS SO ORDERED. 11 12 13 Dated: September 28, 2016 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Honorable Josephine L. Staton United States District Judge
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