The Toro Company v. ABR Enterprises Inc

Filing 34

ORDER GRANTING CONSENT JUDGMENT, FINAL ORDER, AND PERMANENT INJUNCTION by Judge Jesus G. Bernal related to: Stipulation for Order 33 . (See document for specifics.) (MD JS-6. Case Terminated.) (iva)

Case 5:14-CV-00705-JGBCS~ Document 33- 1 Filed 04/1 7115 pa~e 1 of 3 pa~e ~ J~~t)l( :,;

JS-6

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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EASTERN DIVISION

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THE TORO COMPANY, a Delaware
corporation,
Plaintiff,

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Case No. 5:14-CV-00705 JGB(SPx)

Hon. Jesus G.~rnal

(pR-~i ORDER GRANTING

vs.

CONSENT JUDGMENT, FINAL
ORDER, AND PERMANENT
INJUNCTION

ABR ENTERPRISES, INC., a New
York corporation,
Defendants.

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RELATED
COUNTERCLAIMS.

AND

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appearing, the

Pursuant to the stipulation fo the parties and GOOD CAUSE

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Court finds that it has jurisdiction over the subject matter in this dispute and over

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PlaintiffToro and Defendant ABR. Toro and ABR admit those allegations of

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Complaint necessary for the Court to find jurisdiction, venue, factual basis, and

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legal basis for entry of

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Injunction and for the enforceability of

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the

this Consent Judgment, Final Order, and Permanent
this Consent Judgment, Final Order, and

Permanent Injunction.

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(PROPOSED) ORDER GRANTING CONSENT JUDGMENT,
FINAL ORDER, AND PERMANENT INJUNCTION

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Case 5:14-cv-00705-JGB-SP Document 33-1 Filed 04/17/15 Page 2 of 3 Page ID #:169

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PLAINTIFF AND ITS PATENT RIGHTS

2 Toro represents that it is the assignee of and owns all right, title, and interest
3 in the issued u.s. Patent Nos. D563,588; D5 19,662; and 6,981,679 (the "Toro

4 Patents"). The Toro Patents are valid and enforceable in all respects.

5 DEFENDANT'S ACTS
6 ABR has imported, used, sold and/or offered for sale the following products
7 that Taro has accused of infringing the Toro Patents: EI Greco ("EI Greco"),

8 Pontormo ("Old Pontormo") and Base-C ("Base-C") (all three such products, the
9 "Accused Products"), photos of

which are included in the Complaint.

10 Toro, through its attorneys, fied the Complaint on April 10,2014 against
ì ì ABR-aHeging-that-the-Accused-Products-infringe-the-'loro-Patents.

12 ABR, through its attorneys, fied an Answer and Counterclaim on August
13 27,2014 against Toro denying infringement or any wrongdoing and alleging that

14 the Toro Patents are invalid.

the parties, and further GOOD CAUSE

15 Pursuant to the further stipulation of

16 appearing, it is therefore ORDERED and ADJUDGED that, effective May 1,2015,
17 and continuing thereafter uninterrupted until the corresponding expirations of

the

18 Toro Patents or until such time that a court finds the Toro Patents to be invalid

19 and/or unenforceable after all appeals are exhausted:

20 (A) Defendant ABR, its officers, directors, principals, agents, employees,
21 successors and assigns, having notice of

this Order are enjoined and restrained

22 from (i) making, using, selling, offering for sale or importing into the U.S., and (ii)

23 knowingly permitting others to make, use, sell, offer for sale or import into the
24 U.S., the Old Pontormo and Base-C products.

25 (B) Defendant ABR, its offcers, directors, principals, agents, employees,
26 successors and assigns, having notice of this Order are responsible for compliance

27 with the injunction set forth in paragraph (A).
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- 2 - (PROPOSED) ORDER GRANTING CONSENT JUDGMENT,
FINAL ORDER, AND PERMANENT INJUNCTION

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Case 5:14-cv-00705-JGB-SP Document 33-1 Filed 04/17/15 Page 3 of 3 Page ID #:170

1 (C) This consent judgment cannot be used in any way against ABR, its
2 officers, directors, principals, agents, employees, successors and assigns in any

3 future dispute concerning products other than Old Pontormo and Base-C between

4 Toro and ABR.

5 (D) PlaintiffToro, its officers, directors, principals, agents, employees,
6 successors and assigns, having notice of

this Order are enjoined and restrained

7 from asserting any claim of patent infringement or unfair competition against
8 defendant ABR, or any of its owners, directors, offcers, employees or
9 representatives, with respect to defendant's products described in the Covenant Not

10 to Sue contained in the parties' Settlement Agreement, dated April 9, 2015.
1-1- EEj-Plaintiff-'Folö,its-öffieers,ciireetors,pi'ineipals,agents,empleyees,
12 successors and assigns, having notice of

this Order are responsible for compliance

13 with the injunction set forth in paragraph (D).
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15 IT is so ORDERED.
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17 Dated: April 7Ð ,2015
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H n rable Jesus G. Bernal
n. ed States District Court Judge

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- 3 - (PROPOSED) ORDER GRANTING CONSENT JUDGMENT,
FINAL ORDER, AND PERMANENT INJUNCTION