Vanguard Products Group, Inc. et al v. Merchandising Technologies, Inc., No. 3:2007cv01405 - Document 346 (D. Or. 2009)
Court Description: FINAL JUDGMENT BY CONSENT AND PERMANENT INJUNCTION: 345 . (see judgment) Signed on 5/11/09 by Judge Anna J. Brown. (ljl)
Download PDF
<![CDATA[
Vanguard Products Group, Inc. et al v. Merchandising Technologies, Inc. Doc. 346 Robert A. Shlachter, OSB No. 911718 Email: rshlachter@stollbeme.com Timothy S. DeJong, OSB No. 940662 Email: tdejong@stollbeme.com Jacob S. Gill, OSB No. 033238 Email: jgill@stollbeme.com STOLL STOLL BERNE LOKTING & SHLACHTER P.C. 209 S.W. Oak Street, Fifth Floor Portland, Oregon 97204 Telephone: (503) 227-1600 Facsimile: (503) 227-6840 Attorneys for Plaintiffs James L. Phillips, OSB No. 070307 james.phillips@millemash.com Kieran J. Curley, OSH No. 012414 kieran.curley@millemash.com Elisa J. Dozono, OSB No. 063150 elisa.dozono@millemash.com MILLER NASH LLP 3400 U.S. Bancorp Tower 111 S.W. Fifth Avenue Portland, Oregon 97204-3699 Telephone: (503) 224-5858 Facsimile: (503) 224-0155 Bruce A. Kaser, WSBA No. 13532 bruce@vantage1aw.net VANTAGE LAW PLLC 355 N.W. Gilman Boulevard, Suite 203 Issaquah, Washington 98027 Telephone: (425) 391-8741 Facsimile: (425) 381-8754 Attorneys for Defendant IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON VANGUARD PRODUCTS GROUP, INC. a Florida corporation and TELEFONIX, INC., an Illinois corporation, Case No. 3:07-CV-1405 BR Plaintiffs, v. FINAL JUDGMENT BY CONSENT AND PERMANENT INJUNCTION MERCHANDISING TECHNOLOGIES, INC. an Oregon corporation, Defendant. {SSBLS Main Documents\7748\OOI\00205572-3 } Dockets.Justia.com Based on the record in this case, the parties' resolution of their differences in accordance with a fully executed settlement agreement, and the parties' consent to the entry of the following judgment: IT IS HEREBY ORDERED, ADJUDGED, and DECREED that: I. This court has jurisdiction over the parties to this action and over the subject matter of this action. 2. This Final Judgment by Consent and Permanent Injunction is subject to the terms of the Confidential Settlement Agreement dated as of May 11, 2009, entered into by and between plaintiffs Telefonix, Inc. ("Telefonix") and Vanguard Products Group, Inc. ("Vanguard"), on the one hand (collectively, "Plaintiffs"), and defendant Merchandising Technologies, Inc. ("MTI"), on the other hand (the "Settlement Agreement"). 3. Telefonix is the owner ofU. S. Patent No. 6,799,994, and Vanguard is the exclusive licensee of Telefonix's rights under U. S, Patent No. 6,799,994. 4. The claims ofU. S. Patent No.6,799,994 are valid and enforceable as to MTI, Vanguard and Telefonix. 5. In its Amended Opinion and Order dated January 16,2009, this Court adjudged that MTI directly infringed (i) each of claims 1, 2 and 4-11 of United. States Patent No. ยท6,799,994 (the "'994 patent") by making, using, selling, offering for sale and/or importing into the United States Freedom Universal, Freedom A, Freedom A+, and Freedom C products; and (ii) each of claims 1,2,4 and 6-11 of the '994 patent by making, using, selling, offering for sale and/or importing into the United States Freedom LP products. Collectively, all ofth.e Freedom products identified in this Paragraph 5 are referred to hereafter as the "Infringing Products." 6. Except for a limited transition period and service period provided in the Settlement Agreement, MTI and its officers, agents, servants, employees, affiliates, successors, Page 1 - FINAL JUDGMENT BY CONSENT AND PERMANENT INJUNCTION Consent Judgment and assigns~ from the date. of this Final Judgment to and including March 16~ 2018, are permanently enjoined from infringing~ contributing to the infringement of~ or actively inducing the infringement of, any of the claims of U.S. Patent No. 6~799~994~ by (i) making, using~ seIling, offering for sale~ or importing into the United States any Infringing Products that were the subject ofthis action or any product that is not more than colorably different therefrom~ regardless of the trade name, model number, or other product designation under which any such product is made~ used, sold, or offered for sale~ or imported into the United States (collectively, the "Enjoined Products"); or (ii) selling, offering for sale or delivering any component parts (Smart Cables~ reels or retractors, pucks or posts) for use in combination with or as part of any Enjoined Product. 7. Vanguard and Telefonix acknowledge that MTI may be able to design new and/or modify existing Freedom products so that they do not infringe and, therefore~ are not Enjoined Products. This injunction does not apply to: a. MTI products with coiled cord and no reel; and b. Freedom LP3, with a conductor-less mechanical retractor~ both as shown in MTI's 2009 Virtual Store Tour Video and available at www.mti, interactive.com as of May 8, 2009. 8. Except as otherwise provided in this Final Judgment by Consent and Permanent Injunction~ (i) this action~ including all claims of Plaintiffs against MTI and all counterclaims ofMTI against plaintiffs~ is hereby dismissed with prejudice; and (ii) the previous dismissal of a prior~ related action captioned Merchandising Technologies, Inc. v. Telefonix, Inc. et al., District of Oregon Case No. 3:05-CV-l195 BR, shall be considered dismissed with prejudice. Page 2 - FINAL JUDGMENT BY CONSENT AND PERMANENT INJUNCTION Consent Judgment 9. This Court shall retain continuing subject matter and personal jurisdiction for the purposes of construing or enforcing the terms of this Final Judgment by Consent and Permanent Injunction, and the Settlement Agreement between the parties, or for resolving any other dispute arising hereunder. 10. Each party shall bear its own attorney fees, costs and disbursements. 11. There shall be no appeal from this Final Judgment by Consent and Permanent Injunction. Dated this fI 1L day of May, 2009. ~---United States District Judge AGREED TO: MILLER NASH LLP By: --+---Yllqj=---++-------~ beft A. Shlach r, OSB No. 911718 STOLL STOLL BERNE LOKTING & SHLACHTER P.C. 209 S.W. Oak Street, Fifth Floor Portland, Oregon 97204 Email: rshlachter@stollberne.com Telephone: (503) 227-1600 Facsimile: (503) 227-6840 Attorneys for Plaintiffs Vanguard Products Group, Inc., and Te1efonix, Inc. By: - - H - - - \ - - f - \ c > I ' - - - - - - - - - - James . P . ips, OSB No. 070307 MILLE NASH LLP 3400 U.S. Bancorp Tower 111 S.W. Fifth Avenue Portland, Oregon 97204-3699 Email: james.phillips@millernash.com Telephone: (503) 224-5858 Facsimile: (503) 224-0155 v AN'h -andLAW PLLC BY:~C& Bruce A. Kaser, WSBA No. 13532 VANTAGE LAW PLLC 355 N.W. Gilman Boulevard, Suite 203 Issaquah, Washington 98027 Email: bruce@vantagelaw.net Telephone: (425) 391-8741 Page 3 - FINAL JUDGMENT BY CONSENT AND PERMANENT INJUNCTION Consent Judgment Facsimile: (425) 381-8754 Attorneys for Defendant Merchandising Technologies, Inc. Page 4 - FINAL JUDGMENT BY CONSENT AND PERMANENT INJUNCTION Consent Judgment
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
