Canon Inc. v. Digital Marketing Corporation

Filing 17

JOINT STIPULATION, CONSENT JUDGMENT, AND PERMANENT INJUNCTION by Judge Andre Birotte Jr.: Upon Stipulation 16 , IT IS ORDERED, AND ADJUDGED that Judgement is entered for Plaintiff and against Defendant on the claims asserted in Plaintiff's comp laint. Defendant and its subsidiaries, affiliates, officers, directors, agents, servants, employees, successors, and assigns, and all other persons and organizations in active concert or participation with any of the foregoing, are hereby permanently enjoined and restrained re Asserted Patents, Named Products, any other toner supply container that has a pump or track as depicted in the Appendices, etc. Defendant and Plaintiff shall bear their own costs and attorney fees. This Consent Judgment co nstitutes a final judgment concerning the subject matter of this action. Upon entry of this Consent Judgment, this action is dismissed, with prejudice; provided, however, that this Court shall retain jurisdiction to enforce the terms and provisions of this Consent Judgment. See document for further details. (MD JS-6. Case Terminated) (gk)

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1 J S -6 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE CENTRAL DISTRICT OF CALIFORNIA 11 12 310-229-9900 LOS ANGELES, CA 90067 VENABLE LLP 2049 CENTURY PARK EAST, SUITE 2300 10 13 14 15 CANON INC., a Japanese corporation, Plaintiff, v. DIGITAL MARKETING CORPORATION, a Delaware corporation, Case No. 2:21-cv-02094 AB (PDx) Honorable André Birotte Jr. JOINT STIPULATION, CONSENT JUDGMENT, AND PERMANENT INJUNCTION Defendant. 16 17 18 19 20 21 22 23 24 25 26 27 28 JOINT STIPULATION, CONSENT JUDGMENT, AND PERMANENT INJUNCTION 1 WHEREAS, Plaintiff brought this suit against Defendant for infringement of 2 Plaintiff’s U.S. Patent Nos. 8,565,649 (the “’649 patent”); 9,354,551 (the “’551 3 patent”); 9,753,402 (the “’402 patent”); 10,209,667 (the “’667 patent”); 10,289,060 4 (the “’060 patent”); 10,289,061 (the “’061 patent”); 10,295,957 (the “’957 5 patent”); 10,488,814 (the “’814 patent”); 10,496,032 (the “’032 patent”); 6 10,496,033 (the “’033 patent”); 10,514,654 (the “’654 patent”); 10,520,881 (the 7 “’881 patent”); and 10,520,882 (the “’882 patent”) (collectively, “Asserted 8 Patents”) based on Defendant’s unauthorized importation, sale, and/or offer for 9 sale of certain toner supply containers, including toner supply containers having the following product designations: CCGPR51K; CCGPR51C; CCGPR51M; 11 CCGPR51Y; CCGPR53K; and CCGPR53M (“Named Products”); 12 310-229-9900 LOS ANGELES, CA 90067 VENABLE LLP 2049 CENTURY PARK EAST, SUITE 2300 10 WHEREAS, Defendant wishes to conclude this litigation at Plaintiff’s initial 13 pleading stage without contesting infringement, validity, or enforceability of any 14 claims of the Asserted Patents; and 15 WHEREAS, Plaintiff and Defendant, through their respective counsel, 16 hereby agree to entry of this Joint Stipulation, Consent Judgment, and Permanent 17 Injunction (“Consent Judgment”), subject to the approval of the Court; 18 NOW, THEREFORE, IT IS HEREBY STIPULATED, ORDERED, AND 19 ADJUDGED: 20 1. 21 22 This is an action for patent infringement under the patent laws of the United States, Title 35 of the United States Code. 2. This Court has jurisdiction over Defendant and the subject matter of 23 this action under 28 U.S.C §§ 1331 and 1338(a). Venue is proper in this Court 24 pursuant to 28 U.S.C § 1400(b). 25 26 27 28 3. Plaintiff is the owner of all right, title, and interest in and to the Asserted Patents. 4. Defendant has imported, sold, and/or offered for sale in the United States the toner supply containers accused of infringement in this action, including B-1 JOINT STIPULATION, CONSENT JUDGMENT, AND PERMANENT INJUNCTION 1 2 but not limited to the Named Products. 5. Solely for purposes of this lawsuit and any proceeding to enforce this 19, and 23 of the ’667 patent, claims 1, 2, 6-8, 11, 12, and 16-18 of the ’060 patent, 7 claims 1-3, 6-8, 11-14, 17-19, and 23 of the ’061 patent, claims 1, 2, 4, 7-9, 12-14, 8 16, 19-21, and 25 of the ’957 patent, claims 1, 4, 7-9, 12, 13, 16, 19-21, and 25 of 9 the ’814 patent, claims 1, 4, 7-9, 12, 13, 16, 19-21, 25, 26, 29, 32-34, 37, 38, 41, 10 44-46, 49, 50, 53, 56-58, and 61 of the ’032 patent, claims 1, 5, 8-10, 13, 14, 18, 11 21-23, and 26-28 of the ’033 patent, claims 1, 3-5, 8, 10-12, 46, 48-50, 53, and 55- 12 310-229-9900 25-27, 32, 36, 37, 39-41, and 46 of the ’402 patent, claims 1, 3, 6-8, 11, 12, 14, 17- 6 LOS ANGELES, CA 90067 and 26 of the ’649 patent, claims 1-7 of the ’551 patent, claims 1, 15-18, 22, 23, 5 VENABLE LLP Consent Judgment, Defendant does not contest that all of claims 1, 2, 6, 7, 12, 25, 4 2049 CENTURY PARK EAST, SUITE 2300 3 57 of the ’654 patent, claims 1, 5, 8-10, 13, 14, 18, 21-23, and 25 of the ’881 13 patent, and claims 1, 6-8, 11, and 16-18 of the ’882 patent are valid, enforceable, 14 and infringed by the Named Products. 15 16 17 6. Judgement is entered for Plaintiff and against Defendant on the claims asserted in Plaintiff’s complaint. 7. Effective as of the date this Consent Judgment is entered by the Court, 18 Defendant and its subsidiaries, affiliates, officers, directors, agents, servants, 19 employees, successors, and assigns, and all other persons and organizations in 20 active concert or participation with any of the foregoing, are hereby permanently 21 enjoined and restrained from engaging in any of the following activities: 22 (a) making, using, selling, or offering for sale in the United States, 23 or importing into the United States, during the remaining term of the Asserted 24 Patents, (i) any of the Named Products, (ii) any other toner supply container that 25 has a pump as depicted in attached Appendix A and falls within the scope of at 26 least one claim of at least one of the ’649, ’551, and ’402 patents, (iii) any other 27 toner supply container that has a track as depicted in attached Appendix B and falls 28 within the scope of at least one claim of at least one of the ’667, ’060, ’061, ’957, B-2 JOINT STIPULATION, CONSENT JUDGMENT, AND PERMANENT INJUNCTION 1 ’814, ’032, ’033, ’654, ’881, and ’882 patents, and (iv) any other toner supply 2 container that is not more than colorably different from (i), (ii), or (iii) and falls 3 within the scope of at least one claim of at least one Asserted Patent; (b) 4 otherwise directly infringing, contributorily infringing, or 5 inducing infringement of any of the claims of the Asserted Patents with respect to 6 (i) any of the Named Products, (ii) any other toner supply container that has a 7 pump as depicted in attached Appendix A and falls within the scope of at least one 8 claim of at least one of the ’649, ’551, and ’402 patents, (iii) any other toner supply 9 container that has a track as depicted in attached Appendix B and falls within the ’033, ’654, ’881, and ’882 patents, and (iv) any other toner supply container that is 12 310-229-9900 scope of at least one claim of at least one of the ’667, ’060, ’061, ’957, ’814, ’032, 11 LOS ANGELES, CA 90067 VENABLE LLP 2049 CENTURY PARK EAST, SUITE 2300 10 not more than colorably different from (i), (ii), or (iii) and falls within the scope of 13 at least one claim of at least one Asserted Patent; and (c) 14 assisting, aiding, or abetting any other person or business entity 15 in engaging in or performing any of the activities referred to in subparagraphs (a) 16 and (b) above. 17 8. Defendant and Plaintiff shall bear their own costs and attorney fees. 18 9. This Consent Judgment constitutes a final judgment concerning the 19 subject matter of this action. 20 10. Defendant waives any right to appeal from this Consent Judgment. 21 11. Upon entry of this Consent Judgment, this action is dismissed, with 22 prejudice; provided, however, that this Court shall retain jurisdiction to enforce the 23 terms and provisions of this Consent Judgment. 24 25 DATED: April 27, 2021 26 ___________________________________ André Birotte Jr. U.S. District Judge 27 28 B-3 JOINT STIPULATION, CONSENT JUDGMENT, AND PERMANENT INJUNCTION

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