STIPULATION, CONSENT JUDGMENT, AND PERMANENT INJUNCTION

DAVID O. CARTER, District Judge.

This Stipulation, Consent Judgment, and Permanent Injunction ("Consent Judgment") is entered into by and between Plaintiff Canon Inc. ("Canon") and Defendant Kostland Inc. ("Kostland"), subject to approval by the Court.

WHEREAS, Canon brought this suit against Kostland for infringement of Canon's U.S. Patent No. 9,581,958 B2 (the "'958 Patent") based on Kostland's unauthorized manufacture, importation, sale, and/or offer for sale of certain toner cartridges, including toner cartridges having the following product designations: AC-HF360AK; AC-HF361 AC; AC-HF362AY; and AC-HF363AM ("Accused Products");

WHEREAS, Kostland wishes to conclude this litigation at Canon's initial pleading stage without contesting infringement, validity, or enforceability of any claims of the '958 Patent;

WHEREAS, Canon and Kostland have agreed in a separate agreement to settle the matters in issue between them; and

WHEREAS, Canon and Kostland, through their respective counsel, hereby agree to entry of this Consent Judgment;

NOW, THEREFORE, IT IS HEREBY STIPULATED, ORDERED, AND ADJUDGED:

1. This is an action for patent infringement under the patent laws of the United States, Title 35 of the United States Code.

2. This Court has jurisdiction over Kostland and the subject matter of this action under 28 U.S.C §§ 1331 and 1338(a). Venue is proper in this Court pursuant to 28 U.S.C § 1400(b).

3. Canon is the owner of all right, title, and interest in and to the '958 Patent.

4. Kostland does not contest that all of claims 1-15, 17-18, 20-37, 39-40, 42-87, and 89-96 of the '958 Patent are valid, enforceable, and infringed by the Accused Products.

5. Kostland has sold and offered for sale in the United States the Accused Products.

6. Effective as of the date this Consent Judgment is entered by the Court, Kostland and its subsidiaries, affiliates, officers, directors, agents, servants, employees, successors, and assigns, and all other persons and organizations in active concert or participation with any of the foregoing, are hereby 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, during the remaining term of the '958 Patent, any of the Accused Products and any other toner cartridges that are not more than colorably different from the Accused Products and fall within the scope of one or more of the claims of the '958 Patent;

(b) otherwise directly infringing, contributorily infringing, or inducing infringement of any of the claims of the '958 Patent with respect to the Accused Products or any other toner cartridges that are not more than colorably different from the Accused Products and fall within the scope of one or more of the claims of the '958 Patent; and

(c) assisting, aiding, or abetting any other person or business entity in engaging in or performing any of the activities referred to in subparagraphs (a) and (b) above.

7. Kostland and Canon shall bear their own costs and attorney fees.

8. This Consent Judgment constitutes a final judgment concerning the subject matter of this action.

9. Kostland and Canon waive any right to appeal from this Consent Judgment.

10. Upon entry of this Consent Judgment, this action is dismissed, with prejudice; provided, however, that this Court shall retain jurisdiction to enforce the terms and provisions of this Consent Judgment.

SO ORDERED.