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AEVOE CORP. v. AE TECH CO., LTD., 12-cv-00053-GMN-NJK. (2015)

Court: District Court, D. Nevada Number: infdco20150122c13 Visitors: 2
Filed: Jan. 20, 2015
Latest Update: Jan. 20, 2015
Summary: STIPULATION AND [PROPOSED] ORDER FOR A PERMANENT INJUNCTION GLORIA M. NAVARRO, District Judge. WHEREAS, the Court issued a Preliminary Injunction on January 24, 2012, to enjoin AE Tech Co., Ltd. and any person acting in concert or participating with them from practicing, making, manufacturing, using, importing, offering to sell, and/or selling products that infringe the U.S. Patent No. 8,044,492 (the "'942 Patent"), or any reproduction, counterfeit, copy, or colorable imitation of the same, an
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STIPULATION AND [PROPOSED] ORDER FOR A PERMANENT INJUNCTION

GLORIA M. NAVARRO, District Judge.

WHEREAS, the Court issued a Preliminary Injunction on January 24, 2012, to enjoin AE Tech Co., Ltd. and any person acting in concert or participating with them from practicing, making, manufacturing, using, importing, offering to sell, and/or selling products that infringe the U.S. Patent No. 8,044,492 (the "'942 Patent"), or any reproduction, counterfeit, copy, or colorable imitation of the same, and from transferring, moving, returning, destroying, or otherwise disposing of its infringing goods pending a trial on the merits (ECF No. 16);

WHEREAS, Aevoe Corp. entered bonds concerning the Preliminary Injunction (the "Bonds") (ECF Nos. 10, 522);

WHEREAS, the Court clarified the scope of the original injunction on May 2, 2012 (ECF Nos. 66 (clarified preliminary injunction), 348 at 2);

WHEREAS, the Court in an Order dated April 17,2014, held S&F Corporation and GreatShield, Inc. jointly and severally liable for $1,067,947.56 in lost profits and $60,941.75 in attorneys' fees as compensation to Aevoe for violating the preliminary injunction (EeF No. 532);

WHEREAS, the Court granted summary judgment that the '942 Patent is valid and infringed by the defendants (ECF No. 599);

WHEREAS, Aevoe Corp., S&F Corporation, and GreatShield, Inc. (the "Parties") have agreed to the terms of a Settlement Agreement to resolve any and all disputes between the Parties concerning infringement of Aevoe's '942 Patent;

WHEREAS, the Parties have agreed to the Permanent Injunction below as a condition of the Settlement Agreement; and

WHEREAS, the Parties have agreed to enter a Stipulation and [Proposed] Order of Voluntary Dismissal With Prejudice after the COUli enters the Permanent Injunction,

AEVOE CORP., S&F CORPORATION, AND GREATSHIELD, INC. HEREBY STIPULATE THAT the Court's May 2, 2012, Order for a preliminary injunction against S&F Corporation and GreatShield, Inc., as amended by the Court, is hereby made a Permanent Injunction against S&F Corporation and GreatShield, Inc., their agents, servants, employees, confederates, attorneys, and any persons acting in concert or participation with them, or having knowledge of this Order by personal service or otherwise.

The Bonds are dissolved and shall be returned to Aevoe.

Any and all currently unsatisfied obligations that S&F Corporation and GreatShield, Inc., may have under the Order dated April 17,2014 (ECF 532) as of the date of entry of this Permanent Injunction are hereby discharged.

IT IS SO STIPULATED.

ORDER

IT IS SO ORDERED.

Source:  Leagle

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