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TREASURE GARDEN, INC. v. MARCH PRODUCTS, INC., 12-cv-10657 PA (FFMx). (2013)

Court: District Court, C.D. California Number: infdco20130510729 Visitors: 13
Filed: Feb. 16, 2013
Latest Update: Feb. 16, 2013
Summary: ORDER GRANTING STIPULATED PERMANENT INJUNCTION AND DISMISSAL WITH PREJUDICE PERCY ANDERSON, District Judge. This case having come before this Court, and it being represented to the Court that Plaintiffs Treasure Garden, Inc. and Glatz AG (collectively "Plaintiffs") and Defendant March Products, Inc., d/b/a California Umbrella ("California Umbrella") (collectively the "Parties"), have compromised and settled the matters in dispute, IT IS HEREBY ORDERED, ADJUDICATED and DECREED as follows: PERM
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ORDER GRANTING STIPULATED PERMANENT INJUNCTION AND DISMISSAL WITH PREJUDICE

PERCY ANDERSON, District Judge.

This case having come before this Court, and it being represented to the Court that Plaintiffs Treasure Garden, Inc. and Glatz AG (collectively "Plaintiffs") and Defendant March Products, Inc., d/b/a California Umbrella ("California Umbrella") (collectively the "Parties"), have compromised and settled the matters in dispute, IT IS HEREBY ORDERED, ADJUDICATED and DECREED as follows:

PERMANENT INJUNCTION ORDER

Having considered the Stipulation of the Parties, and for good cause shown, IT IS HEREBY ORDERED THAT:

1. This Court has jurisdiction over the Parties and the subject matter in this case.

2. Venue is proper in this judicial district.

3. Pursuant to 35 U.S.C. § 283, as of the date of this Court's Order, California Umbrella, and any of its employees, agents, representatives, subsidiaries, directors, principals, officers, successors, and assigns, and all others acting in concert or participation with California Umbrella who receive actual notice of this Order, SHALL BE PERMANENTLY ENJOINED AND RESTRAINED from directly or indirectly importing, making, manufacturing, marketing, advertising, using, offering for sale, and selling during the term of the '980 Patent, the following: (i) the VAST 338 and VAST 118 umbrella products; (ii) any product that is merely colorably different from the VAST 338 and VAST 118 umbrella products; or (iii) any product that infringes or is covered by one or more claims of the '980 Patent.

4. This Court shall retain jurisdiction of this action to the extent necessary to ensure full compliance with all obligations imposed by this Order, including the enforcement this Stipulated Permanent Injunction by way of contempt or otherwise. The obligations of the Parties, as set forth in this Stipulated Permanent Injunction, shall be enforced, if necessary, exclusively by this Court.

5. If in the future either party files suit against the other party vis-à-vis the '980 Patent, the filing party shall file suit in the United States District Court for the Central District of California and, pursuant to Local Rule 4.3.1, simultaneously file a Notice of Related Case with the Court identifying this dismissed action.

6. California Umbrella waives any appeal of the Stipulated Permanent Injunction.

7. Each of the Parties shall bear its own costs, expenses, and attorneys' fees.

8. This is a final judgment. Subject to this Court's limited retention of jurisdiction as set forth above, all claims and any counterclaims filed in this action SHALL BE DISMISSED WITH PREJUDICE.

9. Having addressed each of the claims and counterclaims in this action, this case shall be closed.

IT IS ORDERED.

Source:  Leagle

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