CamCal Enterprises, LLC v. Corlay, LLC
Filing
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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.
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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
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