Drop Stop LLC v. Jian Qing Zhu et al

Filing 155

FINAL JUDGMENT by Judge Andrew J. Guilford. The Court, having considered the Parties Revised Joint Stipulation for Entry of Final Judgment 154 submitted, hereby enters Final Judgment as follows: (see document for details). (MD JS-6, Case Terminated). (dro)

1
2
3
4
5
6
7
8
9

Guy Ruttenberg, Bar No. 207937
[e-mail]
Bassil Madanat, Bar No. 285280
[e-mail]
Daniel Kadin, Bar No. 311471
[e-mail]
RUTTENBERG IP LAW,
A PROFESSIONAL CORPORATION
1801 Century Park East, Suite 1920
Los Angeles, CA 90067
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff Drop Stop LLC

10

UNITED STATES DISTRICT COURT

11

FOR THE CENTRAL DISTRICT OF CALIFORNIA

12
13
14

17
18
19
20
21
22
23
24
25

Case No. 2:16-cv-07916 AG(SSx)

DROP STOP LLC,
a California Limited Liability
Company,

15
16

JS-6

FINAL JUDGMENT

Plaintiff,
v.
JIAN QING “JOHNNY” ZHU, an
individual; ZAKE
INTERNATIONAL INC., an
Indiana Corporation; ZAKE USA,
an unincorporated entity; 3BTECH,
INC., an Indiana Corporation;
SHENZHEN ZHOUWU
TECHNOLOGY CO., LTD., a
Chinese Limited Company; and
TAIWU KEJI CO., LTD., a Chinese
Limited Company.

Judge: Hon. Andrew J. Guilford

Defendants.

26
27
28
FINAL JUDGMENT

1
2
3

The Court, having considered the Parties’ Revised Joint Stipulation for Entry
of Final Judgment submitted, hereby enters Final Judgment as follows:
1.

Judgment is entered in favor of Drop Stop with respect to its claims for

4

direct and indirect infringement of claims 8, 10-14 and 16-18 (the “Asserted Claims”)

5

of the ’291 Patent.

6

2.

Each Asserted Claim of the ’291 Patent is valid and enforceable;

7

3.

Defendants’ defenses and counterclaims are dismissed with prejudice,

8

including without limitation Defendants’ counterclaims for declaratory relief of non-

9

infringement and invalidity with respect to the ’291 Patent;

10
11
12
13
14
15
16

4.

The accused products identified in the First Amended Complaint, (Dkt.

17

No. 63), including the exemplary product (pictured above), or any insubstantial

18

derivation thereof, are covered by and infringe each Asserted Claim of the ’291

19

Patent;

20

5.

Defendants, their officers, directors, members, agents, servants,

21

employees, and/or attorneys, as well as any others in active concert or participation

22

with any of the foregoing who receive actual notice of this Judgment by personal

23

service or otherwise, are preliminarily and permanently enjoined from making, using,

24

offering for sale, selling, importing into the United States or selling for importation

25

into the United States any Car Seat Gap Filler, as defined below, to the full extent

26

afforded under Fed. R. Civ. P. 65(d). The foregoing entities and individuals are also

27

preliminarily and permanently enjoined from assisting, aiding, or abetting any

28
FINAL JUDGMENT

1

violation of this injunction by any person or business entity subject to the injunction

2

to the full extent afforded under Fed. R. Civ. P. 65(d).

3
4

6.

The injunction shall encompass any Car Seat Gap Filler, which includes

any and all of the following:

5

a. The exemplary product depicted above;

6

b. Any car seat gap filler sold under the ChiTronic® name;

7

c. Any car seat gap filler offered through the Also Popular Amazon.com

8
9

platform;
d. Any car seat gap filler made, sold, offered for sale, imported into the

10

United States, or sold for importation into the United States by any of

11

the Defendants, their officers, directors, members, agents, servants,

12

employees, and/or attorneys, as well as any others in active concert or

13

participation with any of the foregoing who receive actual notice of this

14

Judgment by personal service or otherwise;

15
16
17

e. Any car seat gap fillers that are substantially similar to those described
in subsections 6(a) through 6(d) above;
f. An apparatus adapted to be disposed in an automotive vehicle between a

18

seat and a central console of the automotive vehicle, comprising an

19

elongated member including a casing having a top, a bottom, and a pair

20

of opposed first and second sides, the casing enclosing a core, the first

21

side adapted to abut the seat and the second side adapted to abut the

22

central console, the elongated member configured to slide along the

23

central console during longitudinal motion of the seat; and a slot

24

encircled by the casing and the core, and extending between the bottom

25

and top of the elongated member in a generally vertical attitude normal

26

to both the bottom and the top and aligned longitudinally when placed in

27

the vehicle and adapted to receive a seatbelt component having one end

28

anchored to a side of the seat, wherein the slot provides engagement to
FINAL JUDGMENT

1

the seatbelt component when properly positioned adjacent the car seat to

2

permit the elongated member to slide along the central console during

3

longitudinal motion of the seat, wherein the slot is generally oval in

4

shape when engaged with the seatbelt component.;

5

g. An apparatus for use in an automotive vehicle having a central console

6

extending alongside a seat, comprising an elongated member including a

7

casing of a first material enclosing a core of a second material having a

8

first portion adapted to be pressed against the central console positioned

9

adjacent to the seat, and a second portion adapted to be pressed against

10

the seat when the elongated member is positioned in a gap defined

11

between the central console and the seat; and a slot extending through

12

the casing and the core of the elongated member, and adapted to receive

13

a safety belt receiving component having a first end coupled to the seat

14

and a second free end, wherein the slot is configured to allow the free

15

end of the safety belt receiving component to pass through the slot and

16

wherein the slot is conformable around the safety belt receiving

17

component, and wherein the slot provides engagement to the safety belt

18

receiving component when properly positioned adjacent to the seat,

19

wherein the slot has an open configuration when engaged with the safety

20

belt receiving component and a partially closed configuration when

21

disengaged from the safety belt receiving component.;

22

h. Any apparatus that performs substantially the same function, in

23

substantially the same way, to achieve substantially the same result as

24

any those described in subsections 6(f) through 6(g), or if the differences

25

over the apparatuses described in 6(f) through 6(g) are insubstantial;

26

and/or

27
28

i. Any other apparatus that is covered by any Asserted Claim of the ’291
Patent, either literally or under the doctrine of equivalents.
FINAL JUDGMENT

1

7.

After entry of Final Judgment, Drop Stop may file a motion for

2

attorneys’ fees and costs within the time set forth in Fed. R. Civ. P. 54(d), and the

3

Court will retain jurisdiction to consider such motion, including to make any and all

4

factual findings (e.g., willfulness, litigation misconduct, exceptional case) related to

5

such a finding.

6
7

IT IS SO ORDERED.

8
9

Dated: November 1, 2017

10
11
12

By ____________________________
Hon. Andrew J. Guilford
United States District Judge

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
FINAL JUDGMENT