CONSENT JUDGMENT AND INJUNCTION [34]

DAVID O. CARTER, District Judge.

CONSENT JUDGMENT AND INJUNCTION

WHEREAS, plaintiff Sol4man, Inc. ("Sol4man") and defendant Master Distributor Corporation dba ROC Industries ("Master Distributor"), without waiving any rights except as expressly stated herein, and to avoid the effort, expense and distraction of litigation, have agreed in a separate settlement agreement ("the Settlement") to settle all claims in the above-captioned matter on the terms set forth in that Settlement; and

WHEREAS, as part of that settlement, Sol4man and Master Distributor have agreed to entry by the Court of this Consent Judgment and Injunction.

NOW, THEREFORE, it is hereby ORDERED, ADJUDGED, AND DECREED THAT:

1. This Court has continuing jurisdiction over the parties and the subject matter hereof to enforce the terms and provisions of this Consent Judgment and of the Settlement between the parties.

2. Master Distributor, Michael Chiang, and any related directors, entities, officers, employees, subsidiaries, and affiliates of Master Distributor and/or Michael Chiang ("Related Entities"), including future Related Entities, are hereby enjoined and restrained, until the invalidation or expiration of U.S. Patent No. 5,649,437 ("the Patent-At-Issue"), from directly or indirectly making, using, selling, offering for sale, importing, or exporting the water cap lock previously sold as Master Distributor's Item # 38026 referenced in the Settlement effective April 1, 2014 .

3. Master Distributor, Michael Chiang and the Related Entities are hereby enjoined and restrained, until the invalidation or expiration of the Patent-At-Issue, from directly or indirectly making, using, selling, offering for sale, importing or exporting any other product that infringes or is likely to infringe the Patent-At-Issue as described in the Settlement, and/or encouraging or causing such a product to be made, used, sold, offered for sale, imported, or exported, provided that Sol4man provides prior written notice of such product to Master Distributor and Michael Chiang as set forth in the Settlement.

4. Master Distributor shall pay damages and attorney fees to Sol4man as set forth in the Settlement.

5. Master Distributor shall ship all remaining units of the product previously sold as Master Distributor's Item # 38026 to Sol4man as set forth in the Settlement.

6. Master Distributor, Michael Chiang and the Related Entities shall comply with each of the other terms of the Settlement.

7. The above-captioned matter is otherwise hereby dismissed without prejudice in its entirety. In the event of any future litigation between the parties involving the above-referenced U.S. Patent, the Settlement or this Consent Injunction, the Court retains jurisdiction over the parties and the parties may assert any claim or affirmative defense in that matter at that time.

8. The parties shall bear their own fees and costs, except as set forth in the Settlement.

IT IS SO ORDERED.