IP Power Holdings Limited v. Bam Brokerage Inc et al

Filing 81

JUDGMENT by Judge James V. Selna, in favor of IP Power Holdings Limited against Bam Brokerage Inc. Plaintiff IP Power Holdings Limited Ltd. shall recover compensatory damages in the amount of $30,229.73; Plaintiff IP Power Holdings Limited Ltd. shall recover costs incurred in the amount of $2,238; (MD JS-6, Case Terminated). (twdb)

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1 2 3 4 5 MUSICK, PEELER & GARRETT LLP ATTORNEYS AT LAW ONE WILSHIRE BOULEVARD, SUITE 2000 LOS ANGELES, CALIFORNIA 90017-3383 TELEPHONE: 213-629-7611 FACSIMILE 213-624-1376 Reid E. Dammann (State Bar No. 249031) r.dammann@mpglaw.com JS-6 Attorneys for IP Power Holdings Limited, LTD. 6 7 UNITED STATES DISTRICT COURT 8 CENTRAL DISTRICT OF CALIFORNIA 9 10 11 IP Power Holdings Limited, LTD., Plaintiff, 12 vs. 13 14 Case No. SACV 11-1234 JVS (JPRx) BAM Brokerage, Defendant. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 916243.1 SACV 11-1234-JVS JPRx [PROPOSED] JUDGMENT 1 On September 25, 2014 this Court, the Honorable Judge Selna presiding, 2 granted in part and denied in part, Plaintiff's Renewed Application for Entry of 3 Default Judgment. 4 Accordingly, 5 IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that 6 1. Judgment is hereby entered in favor of Plaintiff IP Power Holdings 7 Limited Ltd.; 8 2. Plaintiff IP Power Holdings Limited Ltd. shall recover compensatory 9 damages in the amount of $30,229.73; 10 3. Plaintiff IP Power Holdings Limited Ltd. shall recover costs incurred in 11 the amount of $2,238; 12 4. Plaintiff IP Power Holdings Limited Ltd. shall recover post-judgment 13 interest where said interest shall accrue on the judgment at the rate set forth in § 14 1961 beginning on the date the judgment is entered until the date it is paid; and 15 5. Defendant Bam Brokerage, Inc. shall be bound by the entered 16 Permanent Injunction: 17 A. Plaintiff IP Power Holdings Limited Ltd. is the owner of all 18 right title and interest to U.S. Patent No. 5,975,626, entitled “Cross- 19 Member Supporter for Foldable Furniture,” issued on November 2, 1999 20 (Reexamination Certificate Issued on August 21, 2012) ("the '626 21 patent”). 22 B. Defendant Bam Brokerage, Inc., together with its current and 23 former officers, agents, members, managers, parents, subsidiaries, affiliates, 24 shareholders, directors, predecessors, successors, assigns, servants, 25 employees, consultants, engineers, and attorneys, and those persons in 26 active concert or participation with them who receive actual notice of this 27 Permanent Injunction, are hereby restrained and enjoined, pursuant to 35 28 MUSICK, PEELER & GARRETT LLP ATTORNEYS AT LAW 916243.1 2 SACV 11-1234-JVS JPRx [PROPOSED] JUDGMENT 1 U.S.C. § 283 and Fed. R. Civ. P. 65, from making, using, offering to sell, or 2 selling in or from the United States, or importing into the United States, the 3 Bam Brokerage, Inc. “Kingpin Chair,” either alone or in combination with 4 any other product, and all other products that are only colorably different 5 from the Bam Brokerage, Inc. Kingpin Chair, in the context of claims 1 - 6 16 of the '626 patent, whether individually or in combination with other 7 products or as part of another product, and from otherwise infringing, 8 contributing to the infringement of, or inducing others to infringe claims 1 9 - 16 of the '626 patent. 10 C. Bam Brokerage, Inc. together with its current and former 11 officers, agents, members, managers, parents, subsidiaries, affiliates, 12 shareholders, directors, predecessors, successors, assigns, servants, 13 employees, consultants, engineers, and attorneys, and those persons in 14 active concert or participation with them who receive actual notice of this 15 Permanent Injunction, are hereby restrained and enjoined, pursuant to 35 16 U.S.C. § 283 and Fed. R. Civ. P. 65, from supplying or causing to be 17 supplied from the United States a substantial portion of the components 18 needed to make, or any components that are especially made or especially 19 adapted for use in, the Bam Brokerage, Inc. Kingpin Chair or any product 20 that is only colorably different from the Bam Brokerage, Inc. Kingpin Chair 21 in the context of claims 1 - 16 of the '626 patent; 22 D. Within 30 days from the entry of this Permanent Injunction, 23 Bam Brokerage, Inc. shall send written notice of this Permanent Injunction 24 to: 25 1. 26 consultants, engineers and creditors of Bam Brokerage, Inc. 27 2. 28 MUSICK, PEELER & GARRETT LLP ATTORNEYS AT LAW The employees, officers, members, managers, 916243.1 Each authorized distributor, each authorized dealer, each 3 SACV 11-1234-JVS JPRx [PROPOSED] JUDGMENT 1 authorized reseller, and each authorized sales representative of Bam 2 Brokerage, Inc. including Sam’s Club/Walmart, Inc, Amazon.com, 3 LLC and Wayfair, LLC. 4 E. Bam Brokerage, Inc. shall provide to IP Power Holdings 5 Limited Ltd. within 3 business days of entry of this Permanent Injunction a 6 list of Bam Brokerage, Inc.’s customers from September 9, 2010 to the 7 present that includes the following information: customer, agency name, 8 city, state and, if known, contact e-mail address. 9 F. 10 the ‘626 patent. 11 G. This Permanent Injunction shall expire upon the expiration of The Court shall retain jurisdiction over Bam Brokerage, Inc. 12 and its current and former officers, agents, members, managers, parents, 13 subsidiaries, affiliates, shareholders, directors, predecessors, successors, 14 assigns, servants, employees, consultants, engineers, and attorneys to 15 enforce any and all aspects of this Permanent Injunction. 16 17 SO ORDERED this 9th day of October, 2014 18 19 20 United States District Judge Honorable James V. Selna 21 22 23 24 25 26 27 28 MUSICK, PEELER & GARRETT LLP ATTORNEYS AT LAW 916243.1 4 SACV 11-1234-JVS JPRx [PROPOSED] JUDGMENT

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