CamCal Enterprises, LLC v. Corlay, LLC

Filing 17

AMENDED CONSENT JUDGMENT AND PERMANENT INJUNCTION by Judge R. Gary Klausner in favor of CamCal Enterprises, LLC against Corlay, LLC Related to: Miscellaneous Document, 16 . (SEE AMENDED CONSENT JUDGMENT FOR SPECIFICS) (bp)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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CAMCAL ENTERPRISES, LLC dba
BOTTLEKEEPER,

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Plaintiff,
v.

Case No.: 2:17-cv-02547 RGK (FFMx)
AMENDED CONSENT JUDGMENT
AND PERMANENT INJUNCTION
Hon. R. Gary Klausner

CORLAY, LLC,
Defendant.

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M ANATT , P HELPS &
P HILLIPS , LLP
ATTORNEYS AT LAW
LOS ANGELES

[Proposed] Consent Judgment and Permanent Injunction

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WHEREAS, plaintiff CamCal Enterprises, LLC dba BottleKeeper

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("BottleKeeper") and defendant Corlay, LLC ("Corlay") have agreed in a separate

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agreement to settlement of the matters in issue between them and to entry of this

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Consent Judgment and Permanent Injunction, it is hereby ORDERED, ADJUDGED,

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AND DECREED THAT:

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1.

This is an action for patent infringement under the patent laws of the

United States, Title 35, United States Code.
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This Court has jurisdiction over all of the parties in this action and over

the subject matter in issue based on 28 U.S.C. §§1331 and 1338(a). This Court

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further has continuing jurisdiction to enforce the terms and provisions of this

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Consent Judgment and Permanent Injunction. Venue is also proper in this Court

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pursuant to 28 U.S.C. §1400(b).

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3.

BottleKeeper is a limited liability company organized under the laws

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of the State of Arizona and has a place of business at 1600 Rosecrans Avenue,

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Media Center, 4th Floor, Manhattan Beach, California 90266.

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4.

Corlay is a limited liability company organized under the laws of the

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State of California and has its principal place of business at 10001 Nita Avenue,

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Chatsworth, California 91311.

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5.

Corlay has manufactured, used, imported, offered for sale, and/or sold

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certain bottle enclosures in/into the United States under the name "Stainless Steel

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Bottle Koozie" (hereinafter the "Corlay bottle enclosures"). Select pages from the

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Corlay Internet website (www.corlayliving.com) illustrating the Corlay bottle

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enclosures are attached hereto as Exhibit 1.

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6.

BottleKeeper is, by assignment, the owner of all right, title, and

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interest in United States Patent No. 9,505,527 (hereinafter referred to as "the '527

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patent") and United States Patent No. 9,637,270 (hereinafter referred to as "the '270

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patent"). Copies of the '527 patent and the '270 patent are attached hereto as

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Exhibits 2 & 3, respectively.

M ANATT , P HELPS &
P HILLIPS , LLP
ATTORNEYS AT LAW
LOS ANGELES

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[Proposed] Consent Judgment and Permanent Injunction

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7.

The '527 patent, issued on November 29, 2016, is valid and

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enforceable, and has been infringed by Corlay's manufacture, use, importation,

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offer for sale and/or sale of the Corlay bottle enclosures in/into the United States.

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8.

The '270 patent, issued on May 2, 2017, is valid and enforceable, and

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has been infringed by Corlay's manufacture, use, importation, offer for sale and/or

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sale of the Corlay bottle enclosures in/into the United States.

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9.

Corlay will not directly or indirectly aid, assign, or participate in any

action contesting the validity of the '527 patent and/or the '270 patent.
10.

Corlay, its officers, directors, agents, servants, employees, attorneys,

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confederates, and all persons and/or entities acting for, with, by, through, and/or in

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concert and participation with them or any of them, are hereby permanently

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enjoined from engaging in any of the following activities:

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(a) manufacturing, using, importing, offering for sale, and/or selling
the Corlay bottle enclosures in/into the United States;

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(b) manufacturing, using, importing, offering for sale, and/or selling
any bottle enclosure that infringes the '527 patent and/or the '270 patent; and

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(c) inducing or enabling each other or others to manufacture, use,

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import, offer to sell, and/or sell any bottle enclosure that infringes the '527 patent

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and/or the '270 patent.

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11.

Service by first class mail upon Corlay, addressed to Mitchell F.

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Ducey, Masserman & Ducey, LLP, 15260 Ventura Boulevard, Suite 100, Sherman

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Oaks, California 91403, of a copy of this Consent Judgment and Permanent

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Injunction entered by the Court is deemed sufficient notice under Federal Rule of

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Civil Procedure 65. It shall not be necessary for Corlay to sign any form of

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acknowledgement of service.

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M ANATT , P HELPS &
P HILLIPS , LLP
ATTORNEYS AT LAW
LOS ANGELES

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[Proposed] Consent Judgment and Permanent Injunction

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12.

The parties shall bear their own attorneys' fees and costs.

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IT IS SO ORDERED:

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Dated: July19, 2017
Hon. R. Gary Klausner
United States District Judge

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M ANATT , P HELPS &
P HILLIPS , LLP
ATTORNEYS AT LAW
LOS ANGELES

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[Proposed] Consent Judgment and Permanent Injunction