Neurovision Medical Products Inc. v. Nuvasive Inc. et al

Filing 484

PERMANENT INJUNCTION filed by Judge Dale S. Fischer against Defendant Nuvasive Inc. NuVasive and each of its officers, agents, servants and employees, and allthose persons in active concert or participation with them are hereby foreverenjoined from using the mark NEUROVISION in the sale, offering for sale,distribution, lending, marketing or advertising of medical devices or relatedmerchandise and services at any locality in the United States, provided, however, that the following shall not be c onsidered a violation of this injunction: 1) Use of or reference to the NEUROVISION mark for truthful informational purposes with investors and regulatory agencies, including without limitation, the Securities and Exchange Commission or FDA, torefer to historic products, historic product sales, and/or this lawsuit; and 2) In response to a customer inquiry, NuVasive can truthfully explain that it formerly marketed products under the name NEUROVISION. (shb)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA, WESTERN DIVISION

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NEUROVISION MEDICAL
13 PRODUCTS, INC.,
Plaintiff,

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vs.

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Case No. 09-CV-6988 DSF (JEMx)
Hon. Dale S. Fischer
PERMANENT INJUNCTION

16 NUVASIVE INC.,
Defendant.

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465858.1

[PROPOSED] PERMANENT INJUNCTION

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For the reasons stated in the Court’s August 5, 2014 Order GRANTING

2 Plaintiff’s Motion for Permanent Injunction and Cancellation of Trademark
3 Registrations, and based on the parties’ Stipulation re: Permanent Injunction, the
4 Court hereby Orders the following:
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NuVasive and each of its officers, agents, servants and employees, and all

6 those persons in active concert or participation with them are hereby forever
7 enjoined from using the mark NEUROVISION in the sale, offering for sale,
8 distribution, lending, marketing or advertising of medical devices or related
9 merchandise and services at any locality in the United States, provided, however,
10 that the following shall not be considered a violation of this injunction:
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Use of or reference to the NEUROVISION mark for
truthful informational purposes with investors and
regulatory agencies, including without limitation, the
Securities and Exchange Commission or FDA, to
refer to historic products, historic product sales,
and/or this lawsuit;

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In response to a customer inquiry, NuVasive can
truthfully explain that it formerly marketed products
under the name NEUROVISION.

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IT IS SO ORDERED.

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9/2/14
Dated: ____________

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_________________________________
The Hon. Dale S. Fischer
Judge of the United States District Court

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465858.1

-1[PROPOSED] PERMANENT INJUNCTION

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Respectfully Submitted:

2 Dated: August 25, 2014
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BROWNE GEORGE ROSS LLP
Peter W. Ross
Keith J. Wesley

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By

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s/ Keith J. Wesley
Keith J. Wesley

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Attorneys for Plaintiff
Neurovision Medical Products, Inc.

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DLA PIPER LLP (US)
William S. Boggs
Noah A. Katsell

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By

s/ William S. Boggs
William S. Boggs

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Attorneys for Defendant NuVasive, Inc.

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465858.1

-2[PROPOSED] PERMANENT INJUNCTION