Bravo Sports v. Made in Mars, Inc.

Filing 29

AMENDED FINAL CONSENT JUDGMENT AND PERMANENT INJUNCTION 28 by Judge Michael W. Fitzgerald: (See order for further details). (shb)

1
2
3
4
5
6
7

Joseph S. Cianfrani (Bar No. 196186)
JS-6
[e-mail]
Marko R. Zoretic (Bar No. 233952)
[e-mail]
KNOBBE, MARTENS, OLSON & BEAR, LLP
2040 Main Street
Fourteenth Floor
NOTE: CHANGES MADE BY THE COURT
Irvine, CA 92614
Phone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff
BRAVO SPORTS

8
9
10
11
12
13

James Doroshow (Bar No. 112920)
[e-mail]
FOX ROTHSCHILD LLP
1800 Century Park East, Suite 300
Los Angeles, CA 90067-1506
Phone: [phone]
Facsimile: [phone]
Attorney for Defendant
MADE IN MARS, INC.

14
15

IN THE UNITED STATES DISTRICT COURT

16

FOR THE CENTRAL DISTRICT OF CALIFORNIA

17
18
19

BRAVO SPORTS,
a California corporation,
Plaintiff,

20
21
22
23
24
25
26
27
28

v.
MADE IN MARS, INC.,
a California corporation,
Defendant.

)
)
)
)
)
)
)
)
)
)
)
)
)
)

Case No. 2:16-cv-04428 MWF (AFMx)
Hon. Michael W. Fitzgerald

AMENDED
FINAL CONSENT JUDGMENT
AND PERMANENT INJUNCTION

1

Plaintiff Bravo Sports (“Bravo”) and Defendant Made in Mars, Inc.

2

(“Mars”) consent and agree to the terms and conditions of this Final Consent

3

Judgment and Permanent Injunction.

4

IT IS HEREBY ORDERED, ADJUDGED, AND DECREED AS

5

FOLLOWS:

6

1.

On June 20, 2016, Bravo initiated this action by filing a Complaint

7

against Mars in the Central District of California alleging that Mars infringed

8

U.S. Patent No. 9,193,332 (“the ’332 Patent”), by virtue of Mars’ making,

9

using, offering for sale, sale and/or importing into the United States wheel

10
11

covers for skateboards and skateboards with wheel covers.
2.

The Court has personal jurisdiction over each of the parties to this

12

action. The Court also has subject matter jurisdiction over this action pursuant

13

to 28 U.S.C. § 1331 and 1338(a). Venue is proper in this judicial district

14

pursuant to 28 U.S.C. §§ 1391(b) and (c), and 1400(b).

15

3.

Mars’ making, using, offering for sale, sale and/or importing into

16

the United States wheel covers for skateboards and skateboards with wheel

17

covers as shown in Exhibit A constitutes infringement of at least claim 1 of the

18

’332 Patent.

19

4.

Mars, together with (a) its officers, directors, agents, servants,

20

employees and affiliates thereof, representatives and attorneys; and (b) all

21

persons acting or attempting to act in concert or participation with them who

22

have actual notice of this Permanent Injunction., are permanently enjoined and

23

restrained as of the date hereof from making, using, offering to sell, selling, or

24

distributing within the United States, its territories and possessions, or by

25

importing into the United States, its territories and possessions the wheel

26

covers for skateboards and skateboards with wheel covers as shown in Exhibit

27

A or any other colorable variations until the expiration of the ’332 Patent.

28
-1-

5.

1
2

Each party will bear its own costs and attorneys’ fees for this

action.
6.

3

This Court shall retain jurisdiction over this matter for all purposes,

4

including for the purpose of enforcing the terms and provisions of this Final

5

Consent Judgment and Permanent Injunction.

6
7

IT IS SO ORDERED.

8
9
10

Dated: January 5, 2017
Hon. Michael W. Fitzgerald
United States District Judge

11
12
13

APPROVED AS TO FORM:

14

KNOBBE, MARTENS, OLSON & BEAR, LLP

15
16

18

By: /s/ Marko R. Zoretic
Joseph S. Cianfrani
Marko R. Zoretic

19

Attorneys for Plaintiff
BRAVO SPORTS

17

Dated: January 4, 2017

20
21

FOX ROTHSCHILD LLP

22
23
24

Dated: January 4, 2017

25

Attorney for Defendant
MADE IN MARS, INC.

26
27

By: /s/ James Doroshow
James Doroshow

24740833

28
-2-

EXHIBIT A

24742317
120116