Filed: Jul. 21, 2016
Latest Update: Jul. 21, 2016
Summary: ORDER RE STIPULATED PERMANENT INJUNCTION AND DISMISSAL WITH PREJUDICE S. JAMES OTERO , District Judge . The Court, having read and considered the Stipulation Injunction and Dismissal With Prejudice Between TimePlay, Inc. and Audience Entertainment, LLC, ORDERS pursuant to the stipulation of the parties that: 1) Effective as of this date, July 18, 2016, and continuing until the expiration of U.S. Patent 8,951,124 (the "`124 Patent"), AE and its subsidiaries, affiliates, officers, directors,
Summary: ORDER RE STIPULATED PERMANENT INJUNCTION AND DISMISSAL WITH PREJUDICE S. JAMES OTERO , District Judge . The Court, having read and considered the Stipulation Injunction and Dismissal With Prejudice Between TimePlay, Inc. and Audience Entertainment, LLC, ORDERS pursuant to the stipulation of the parties that: 1) Effective as of this date, July 18, 2016, and continuing until the expiration of U.S. Patent 8,951,124 (the "`124 Patent"), AE and its subsidiaries, affiliates, officers, directors, ..
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ORDER RE STIPULATED PERMANENT INJUNCTION AND DISMISSAL WITH PREJUDICE
S. JAMES OTERO, District Judge.
The Court, having read and considered the Stipulation Injunction and Dismissal With Prejudice Between TimePlay, Inc. and Audience Entertainment, LLC, ORDERS pursuant to the stipulation of the parties that:
1) Effective as of this date, July 18, 2016, and continuing until the expiration of U.S. Patent 8,951,124 (the "`124 Patent"), AE and its subsidiaries, affiliates, officers, directors, agents, servants, employees, successors, licensees and assigns, and all other persons and organizations in active concert or participation with it shall be permanently enjoined and restrained from engaging in any of the following activities:
a) making, using, selling, or offering for sale in the United States, or importing into the United States, devices, services or software capable of allowing audience members in a theater or arena to participate in a multi-player game displayed on a large central screen using smartphones with downloaded game control modules;
b) assisting, aiding, or abetting any other person or business entity in engaging in or performing any of the activities referred to in subparagraph (a) above.
2) AE agrees and stipulates that a violation or breach of this Stipulated Injunction will result in immediate and irreparable injury to TimePlay, shall entitle TimePlay to immediately file suit in federal court in the Central District of California, and shall entitle TimePlay to request the immediate entry of a temporary restraining order and preliminary injunction in the language set forth in paragraph 1, above, and to seek all other appropriate relief, including but not limited to attorney fees associated in the above captioned case.
The Court further ORDERS that all claims and counterclaims in this case are dismissed with prejudice, with each side bearing their own attorney fees and costs. This Court shall retain jurisdiction to enforce the terms of this Stipulated Injunction.
IT IS SO ORDERED.
