Oakley Inc v. Moda Collection LLC
Filing
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FINAL JUDGMENT AND PERMANENT INJUNCTION by Judge Josephine L. Staton. (see document for details). (MD JS-6, Case Terminated). (dro)
JS-6
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UNITED STATES DISTRICT COURT
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CENTRAL DISTRICT OF CALIFORNIA
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SOUTHERN DIVISION
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OAKLEY, INC., a Washington
corporation,
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Plaintiff,
v.
MODA COLLECTION, LLC d/b/a
Moda Sunglass, a Missouri corporation,
Defendant.
) Case No.: 8:16-cv-160-JLS-JCGx
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) FINAL JUDGMENT AND
) PERMANENT INJUNCTION
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On June 9, 2016, the Court granted in part and denied in part Plaintiff
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Oakley, Inc.’s motion for default judgment. (Doc. 21.) In its order, the Court
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granted Oakley’s motion as to liability against Defendant Moda Collection,
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LLC for patent infringement under the Patent Act. (Id.) The Court denied the
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motion as to all remaining claims. (Id.) On September 28, 2016, the Court
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granted Oakley’s renewed motion for default judgment and Oakley’s underlying
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request for permanent injunctive relief, damages, and attorneys’ fees and costs.
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(Doc. 29.)
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Therefore, IT IS HEREBY ORDERED THAT:
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Final judgment as to liability is hereby entered against Moda
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Collection for the foregoing claim. As explained in the above Orders (Docs. 21,
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29), the Court finds there is good cause and there is no just reason for delay to
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enter final judgment against Moda Collection.
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2.
Oakley is awarded $100,000 in statutory damages, $5,600 in
attorneys’ fees, and costs to be determined by the Court Clerk.
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3.
Moda Collection shall take nothing.
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4.
Moda Collection and its officers, agents, and employees, and all
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those persons in active concert or participation with them who receive actual
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notice of this Order by personal service or otherwise, are hereby
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PERMANENTLY ENJOINED from directly or indirectly infringing:
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a.
Oakley’s United States Patent No. D692,047 (the “D047
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Patent”) in violation of 35 U.S.C. § 271 by making, using,
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selling, offering for sale and/or importing products which are
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covered by the claim of the D047 Patent, including but not
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limited to Defendant’s MD3072-RV model sunglasses, or any
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product that is merely a colorable variation thereof, during the
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term of the D047 Patent;
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b.
Oakley’s United States Patent No. D700,933 (the “D933
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Patent”) in violation of 35 U.S.C. § 271 by making, using,
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selling, offering for sale and/or importing products which are
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covered by the claim of the D933 Patent, including but not
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limited to Defendant’s MD3046 and MD3046-RV model
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sunglasses, or any product that is merely a colorable variation
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thereof, during the term of the D933 Patent;
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c.
Oakley’s United States Patent No. D610,603 (the “D603
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Patent”) in violation of 35 U.S.C. § 271 by making, using,
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selling, offering for sale and/or importing products which are
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covered by the claim of the D603 Patent, including but not
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limited to Defendant’s OV5453K model sunglasses, or any
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product that is merely a colorable variation thereof, during the
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term of the D603 Patent;
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d.
Oakley’s United States Patent No. D615,580 (the “D580
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Patent”) in violation of 35 U.S.C. § 271 by making, using,
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selling, offering for sale and/or importing products which are
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covered by the claim of the D580 Patent, including but not
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limited to Defendant’s OV5457K model sunglasses, or any
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product that is merely a colorable variation thereof, during the
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term of the D580 Patent;
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e.
Oakley’s United States Patent No. D573,172 (the “D172
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Patent”) in violation of 35 U.S.C. § 271 by making, using,
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selling, offering for sale and/or importing products which are
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covered by the claim of the D172 Patent, including but not
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limited to Defendant’s OU004KK model sunglasses, or any
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product that is merely a colorable variation thereof, during the
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term of the D172 Patent;
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f.
Oakley’s United States Patent No. D565,088 (the “D088
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Patent”) in violation of 35 U.S.C. § 271 by making, using,
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selling, offering for sale and/or importing products which are
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covered by the claim of the D088 Patent, including but not
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limited to Defendant’s OU004KK model sunglasses, or any
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product that is merely a colorable variation thereof, during the
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term of the D088 Patent;
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g.
Oakley’s United States Patent No. D564,572 (the “D572
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Patent”) in violation of 35 U.S.C. § 271 by making, using,
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selling, offering for sale and/or importing products which are
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covered by the claim of the D572 Patent, including but not
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limited to Defendant’s MD3017 and OV21K model sunglasses,
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or any product that is merely a colorable variation thereof,
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during the term of the D572 Patent;
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h.
Oakley’s United States Patent No. D652,442 (the “D442
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Patent”) in violation of 35 U.S.C. § 271 by making, using,
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selling, offering for sale and/or importing products which are
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covered by the claim of the D442 Patent, including but not
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limited to Defendant’s OV5454K model sunglasses, or any
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product that is merely a colorable variation thereof, during the
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term of the D442 Patent;
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i.
Oakley’s United States Patent No. D547,793 (the “D793
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Patent”) in violation of 35 U.S.C. § 271 by making, using,
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selling, offering for sale and/or importing products which are
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covered by the claim of the D793 Patent, including but not
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limited to Defendant’s OV5001PK model sunglasses, or any
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product that is merely a colorable variation thereof, during the
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term of the D793 Patent;
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j.
Oakley’s United States Patent No. D469,458 (the “D458
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Patent”) in violation of 35 U.S.C. § 271 by making, using,
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selling, offering for sale and/or importing products which are
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covered by the claim of the D458 Patent, including but not
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limited to Defendant’s RAA08PB and 5423 model sunglasses, or
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any product that is merely a colorable variation thereof, during
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the term of the D458 Patent;
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k.
Oakley’s United States Patent No. D462,375 (the “D375
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Patent”) in violation of 35 U.S.C. § 271 by making, using,
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selling, offering for sale and/or importing products which are
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covered by the claim of the D375 Patent, including but not
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limited to Defendant’s 5425 model sunglasses, or any product
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that is merely a colorable variation thereof, during the term of
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the D375 Patent;
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l.
Oakley’s United States Patent No. D564,571 (the “D571
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Patent”) in violation of 35 U.S.C. § 271 by making, using,
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selling, offering for sale and/or importing products which are
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covered by the claim of the D571 Patent, including but not
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limited to Defendant’s OH22407K model sunglasses, or any
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product that is merely a colorable variation thereof, during the
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term of the D571 Patent;
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m.
Oakley’s United States Patent No. D648,771 (the “D771
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Patent”) in violation of 35 U.S.C. § 271 by making, using,
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selling, offering for sale and/or importing products which are
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covered by the claim of the D771 Patent, including but not
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limited to Defendant’s PG4816 model sunglasses, or any
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product that is merely a colorable variation thereof, during the
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term of the D771 Patent.
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5.
After entry of this Judgment and Permanent Injunction, Oakley
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shall promptly serve a copy of the Judgment and Permanent Injunction on Moda
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Collection, and Oakley shall file with the Court a proof of service within 15
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days thereafter.
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The Court retains jurisdiction over this matter for the purpose of
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making any further orders necessary or proper for the construction of this
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Judgment and Permanent Injunction, the enforcement thereof, and the
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punishment of any violations thereof.
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IT IS SO ORDERED.
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Dated: September 28, 2016
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Honorable Josephine L. Staton
United States District Judge
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