Tokai Corp et al v. Easton Enterprises Inc et al

Filing 128

JUDGMENT by Judge Virginia A. Phillips: IT IS ORDERED AND ADJUDGED that: (1) Claim 1 of U.S. Patent No. 5,697,775 is invalid pursuant to 35 U.S.C. § 103(a);(2) Claims 1, 10, and 13 of U.S. Patent No. 5,897,308 is invalid under 35 U.S.C. § 1 03(a); (3) Claims 1, 3, and 4 of U.S. Patent No. 6,093,017 is invalid under 35 U.S.C. § 103(a); (4) Counterclaimants are entitled to judgment in theirfavor on their Counterclaim; and (5) Plaintiffs' Complaint is DISMISSED WITH PREJUDICE. The Court orders that such judgment be entered. (MD JS-6, Case Terminated). (am)

1 2 3 4 5 6 7 8 9 10 11 TOKAI CORP., a Japanese ) corporation, SCRIPTO) 12 TOKAI, INC., a Delaware ) corproation, and CALICO ) 13 BRANDS, INC., a ) California corporation, ) 14 ) Plaintiff, ) 15 ) v. ) 16 ) EASTON ENTERPRISES INC., ) 17 d.b.a. EASTON SALES, a ) California corporation, ) 18 and FLI, Inc., ) ) 19 Defendants. ) ________________________ ) 20 22 Case No. EDCV 07-883-VAP (FMOx) JUDGMENT UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA JS-6

21 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: Pursuant to the Order filed herewith, IT IS ORDERED 23 AND ADJUDGED that: 24 (1) Claim 1 of U.S. Patent No. 5,697,775 is invalid 25 27 28 pursuant to 35 U.S.C. § 103(a); invalid under 35 U.S.C. § 103(a); 26 (2) Claims 1, 10, and 13 of U.S. Patent No. 5,897,308 is

1 (3) Claims 1, 3, and 4 of U.S. Patent No. 6,093,017 is 2 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
2

invalid under 35 U.S.C. § 103(a); favor on their Counterclaim; and

3 (4) Counterclaimants are entitled to judgment in their 5 (5) Plaintiffs' Complaint is DISMISSED WITH PREJUDICE. The Court orders that such judgment be entered.

Dated: October 23, 2009 VIRGINIA A. PHILLIPS United States District Judge