Akeso Health Sciences, LLC v. Designs for Health, Inc.

Filing 90

JUDGMENT by Judge S. James Otero: Final judgment is entered in favor of Designs for Health, Inc., and against Akeso Health Sciences, LLC, on all claims asserted by Akeso Health Sciences, LLC. All claims asserted by Plaintiff Akeso Health Sciences, LLC are DISMISSED WITH PREJUDICE. Designs for Health, Inc.s counterclaims are DISMISSED WITHOUT PREJUDICE. Designs for Health, Inc. is the prevailing party in this action. Designs for Health, Inc. may bring a motion for exceptional case determination and an award of attorneys fees under 35 U.S.C. 285 within 14 days of entry of this judgment. The Court will consider the motion in phases. The parties shall first brief the issue of Designs for Health, Inc.s entitlement to attorneys fees. Should the Court determine that an award of fees to Designs for Health Inc. is appropriate, the parties shall then submit briefing on the amount of such fees.(MD JS-6, Case Terminated). (lc)

1

May 2, 2018

2

VC
P

3

JS-6

4
5
6
7
8
9
10
11
12
13
14
15
16
17
18

IN THE UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
WESTERN DIVISION
)
)
)
Plaintiff,
)
v.
)
)
DESIGNS FOR HEALTH, INC.,
)
)
Defendant.
)
)
)
________________________________ )
AND RELATED COUNTERCLAIMS )
_________________________________)
AKESO HEALTH SCIENCES, LLC,

19
20
21
22
23
24
25
26
27
28
-1-

Case No. 2:16-cv-07749 SJO (PJWx)
Hon. S. James Otero
JUDGMENT IN FAVOR OF
DEFENDANT DESIGNS FOR
HEALTH, INC.

Having considered the Motion for Summary Judgment of Defendant

1
2

Designs for Health, Inc. (ECF No. 58), and all the papers filed in support thereof,

3
4

and all papers in opposition thereto filed by Plaintiff Akeso Health Sciences,

5

LLC, the Court finding Defendant’s motion suitable for disposition without oral

6

argument, IT IS HEREBY ORDERED THAT Defendant Designs for Health,

7
8

Inc.’s Motion for Summary Judgment is GRANTED in accordance with the

9

opinion issued by the Court on April 26, 2018 (ECF No. 88).

10

IT IS HEREBY ADJUDGED THAT

11
12

Final judgment is entered in favor of Designs for Health, Inc., and against

13

Akeso Health Sciences, LLC, on all claims asserted by Akeso Health Sciences,

14
15

LLC.

16

Designs for Health, Inc.’s affirmative defense of equitable estoppel is

17

found to be applicable from the evidence presented and relief on all claims

18
19
20
21
22
23
24
25
26
27

asserted by Plaintiff Akeso Health Sciences, LLC is therefore barred. [Aukerman
Co. v. R.L. Chaides Construction Co., 960 F.2d 1020, 1041 (Fed. Cir. 1992)].
All claims asserted by Plaintiff Akeso Health Sciences, LLC are
DISMISSED WITH PREJUDICE.
Designs for Health, Inc.’s counterclaims are DISMISSED WITHOUT
PREJUDICE.
Designs for Health, Inc. is the prevailing party in this action.

28
-2-

1
2

Designs for Health, Inc. may bring a motion for exceptional case
determination and an award of attorneys’ fees under 35 U.S.C. § 285 within

3
4

fourteen (14) days of entry of this judgment. The Court will consider the motion

5

in phases. The parties shall first brief the issue of Designs for Health, Inc.’s

6

entitlement to attorneys’ fees. Should the Court determine that an award of fees

7
8

to Designs for Health Inc. is appropriate, the parties shall then submit briefing on

9

the amount of such fees.

10
11

IT IS SO ORDERED.

12
13
14
15

Dated:

May 2, 2018

_______________________________
Honorable S. James Otero
United States District Judge

16
17
18
19
20
21
22
23
24
25
26
27
28
-3-