CamCal Enterprises, LLC v. Blue Marble Products, LLC

Filing 15

CONSENT JUDGMENT AND PERMANENT INJUNCTION by Judge Philip S. Gutierrez in favor of CamCal Enterprises, LLC against Blue Marble Products, LLC: It is hereby ORDERED, ADNDGED, AND DECREED THAT: Blue Marble, its officers, directors, agents, servants, employees, attorneys, confederates, and all persons and/or entities acting for, with, by, through, and/or in concert and participation with them, or any of them, are hereby permanently enjoined from engaging in any of the following activities: (see document for futher details). The parties shall bear their own attorneys' fees and costs. Related to: Stipulation for Judgment, 14 . (MD JS-6. Case Terminated) (bm)

Case 2N17-cv-05332-PSG ..AO Document 14-1 Filed 12/21/17

age 1 of 34 Page ID #:95

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MANDATORY CHAMBER COPY

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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,
laintiff

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v.

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Case No.: 2:17-cv-0533 ~'SG(RAOx)

~p
SED] CONSENT
UDGMENT AND PERMANENT
INJUNCTION
Hon. Philip S. Gutierrez

BLUE MARBLE PRODUCTS,LLC
dba TRUEHOMEBLISS.COM,
Defendant.

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M ANATT, PHELPS 8c
PHILLIPS, LLP
A rru en tvs At Law
Los ANee~es

[Proposed) Consent Judgment and Permanent Injunction

Case 2N17-cv-05332-PSG ..AO Document 14-1 Filed 12/21/17 .'age 2 of 34 Page ID #:96

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WHEREAS,plaintiff CamCal Enterprises, LLC dba BottleKeeper

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"BottleKeeper") and defendant Blue Marble Products, LLC dba TrueHomeBliss.
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com ("Blue Marble") have agreed in a separate agreement to settlement ofthe

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matters in issue between them and to entry of this Consent Judgment and Permanent

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Injunction, it is hereby ORDERED,ADNDGED,AND DECREED THAT:

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1.

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

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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f
urther 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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ofthe State of Arizona and has a place of business at 125 Lomita Street, El

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Segundo, California 90245.

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Blue Marble is a limited liability company organized under the laws of

the State of California and has its principal place of business at 1328 Mission Street

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5.

Blue Marble has manufactured, used, imported, offered for sale, and/or

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sold certain bottle enclosures in/into the United States under the names "Outag,"

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"Chief," and "BIERskins"(hereinafter the "Blue Marble bottle enclosures").

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Relevant pages from the Blue Marble Internet website (www.truehomebliss.com)

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illustrating Blue Marble bottle enclosures are attached hereto as Exhibit 1.

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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 ofthe '527 patent and the '270 patent are attached hereto as

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Exhibits 2 & 3, respectively.

M ANATT, PHELPS Bt
PHILLIPS, LLP
A TT(~NNF:YS AT LAW
LUti ANC:GLGS

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[Proposed] Consent Judgment and Permanent Injunction

Case ~ N17-cv-05332-PSG _SAO Document 14-1 Filed 12/21/1~~ gage 3 of 34 Page ID #:97

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

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enforceable, and has been infringed by Blue Marble's manufacture, use,

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importation, offer for sale, and/or sale ofthe Blue Marble bottle enclosures in/into

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the United States.

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

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has been infringed by Blue Marble's manufacture, use, importation, offer for sale,

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and/or sale ofthe Blue Marble bottle enclosures in/into the United States.

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Blue Marble will not directly or indirectly aid, assign, or participate in

any action or proceeding contesting the validity ofthe '527 patent and/or the '270
patent.
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Blue Marble, its officers, directors, agents, servants, employees,

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

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through, and/or in concert and participation with them, or any ofthem, are hereby

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permanently enjoined from engaging in any of the following activities:

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

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( manufacturing, using, importing, offering for sale, and/or selling
b)
any bottle enclosure that infringes the '527 patent and/or the '270 patent; and
( inducing or enabling each other or others to manufacture, use,
c)

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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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Service by first class mail upon Blue Marble, addressed to Michelle C.

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Dunn, Platinum Intellectual Property, LLP, 1346 The Alameda, Suite 7245, San

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Jose, California 95126, 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 Blue Marble to sign any form of

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acknowledgement of service.

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M ANATT, PHELPS St
PHILLIPS, LLP
A rroxrvrv~ AT Law
Lus ANc;eiFs

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[Proposed] Consent Judgment and Permanent Injunction

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

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IT IS SO ORDERED:

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Dated: December

,2017
n. clip S. Gutierrez
United tates District Judge

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M ANATT, PHELPS 8c
PHILL]PS, LLP
A TTcINN Evs AT Law

Los Arveti rs

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[Proposed] Consent Judgment and Permanent Injunction