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RUBBERMAID COMMERCIAL PRODUCTS LLC v. EVERSTRONG PRODUCTS CO., LTD, 1:12-cv-08364. (2012)

Court: District Court, N.D. Illinois Number: infdco20130102b57 Visitors: 6
Filed: Dec. 14, 2012
Latest Update: Dec. 14, 2012
Summary: JOINT MOTION FOR ENTRY OF FINAL CONSENT JUDGMENT Plaintiff Rubbermaid Commercial Products LLC, and Defendant Everstrong Products Co., Ltd., d/b/a Everstrong Commercial Products, jointly inform the Court that they have reached an agreement with respect to a full and final compromise and settlement of all matters and all causes of action related to the above-captioned lawsuit, and accordingly respectfully request entry of a Final Consent Judgment in the form attached hereto as Exhibit A. EXHI
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JOINT MOTION FOR ENTRY OF FINAL CONSENT JUDGMENT

Plaintiff Rubbermaid Commercial Products LLC, and Defendant Everstrong Products Co., Ltd., d/b/a Everstrong Commercial Products, jointly inform the Court that they have reached an agreement with respect to a full and final compromise and settlement of all matters and all causes of action related to the above-captioned lawsuit, and accordingly respectfully request entry of a Final Consent Judgment in the form attached hereto as Exhibit A.

EXHIBIT A

FINAL CONSENT JUDGMENT

The Parties, having informed the Court that they have reached an agreement with respect to a full and final compromise and settlement of all matters and all causes of action related to the above-captioned lawsuit, and having requested entry of this Final Consent Judgment; and it appearing to the Court that the entry of this Final Consent Judgment is warranted;

IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that:

1. Rubbermaid Commercial Products LLC ("Rubbermaid") is a limited liability company organized and existing under the laws of Delaware, having a principal place of business at 3124 Valley Avenue, Winchester, Virginia 22601;

2. Everstrong Products Co., Ltd. is a company doing business as Everstrong Commercial Products (collectively, "Everstrong") at Wangjiao Plaza, No. 175, East Yan'an Rd., Shanghai, 200002, People's Republic of China;

3. On October 18, 2012, Rubbermaid brought claims against Everstrong for infringement of U.S. Patent No. 7,571,831 ("the '831 Patent");

4. Rubbermaid is the owner by assignment of all rights, title, and interest in and to the '831 Patent;

5. By the signature of its counsel below, who is authorized by appointment to receive service of process on behalf of Everstrong, Everstrong has made a general appearance in this lawsuit and submits to the jurisdiction of this Court;

6. This Court has jurisdiction over these parties and the subject matter herein, and venue is proper in this judicial district;

7. The '831 Patent is valid and enforceable;

8. Defendant Everstrong denies selling, using, offering to sell or making any product which violates any rights pursuant to the '831 Patent and no finding is made against or for Everstrong in this fashion;

9. Upon consent of Defendant, Everstrong and its officers, agents, servants, employees, and those persons in active concert or participation with Everstrong are permanently enjoined from directly and indirectly making, using, offering to sell, or selling within the United States or importing into the United States the combination bucket and wringer products depicted in the attached Exhibit 1, and any of the inventions claimed in the '831 Patent; and

10. Everstrong consents to the entry of this injunction.

The Clerk is directed to send a copy of this Order to all counsel of record and to close this matter.

IT IS SO ORDERED.

EXHIBIT 1

Source:  Leagle

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