Aster Graphics, Inc. v. Static Control Components, Inc.

Filing 78

FINAL STIPULATION AND CONSENT JUDGMENT TO PERMANENT INJUNCTION 77 by Judge David O. Carter. ( MD JS-6. Case Terminated ) (mt)

JS-6

7

DURIE TANGRI LLP
DARALYN J. DURIE (SBN 169825)
[e-mail]
MARK A. LEMLEY (SBN 155830)
[e-mail]
ADAM R. BRAUSA (SBN 298754)
[e-mail]
CATHERINE Y. KIM (SBN 308442)
[e-mail]
217 Leidesdorff Street
San Francisco, CA 94111
Telephone: [phone]
Facsimile: 415-236-6300

8

Attorneys for STATIC CONTROL COMPONENTS, INC.

1
2
3
4
5
6

9

IN THE UNITED STATES DISTRICT COURT

10

FOR THE CENTRAL DISTRICT OF CALIFORNIA

11

SOUTHERN DIVISION

12

ASTER GRAPHICS, INC.

13
14

Plaintiff,
v.

15

STATIC CONTROL COMPONENTS,
16 INC.,
17

Defendant.

Case No. 8:17-cv-01167-DOC-JDE
Consolidated with 8:17-cv-01221-DOCJDE
FINAL STIPULATION AND
CONSENT JUDGMENT TO
PERMANENT INJUNCTION [77]
Ctrm: 9D, 9th Floor
Judge: Honorable David O. Carter

18
19
20
21
22
23
24
25
26
27
28
FINAL STIPULATION AND CONSENT JUDGMENT TO PERMANENT
INJUNCTION / CASE NO. 8:17-CV-01167-DOC-JDE

1

Plaintiff Aster Graphics, Inc. and (“Aster” or “Plaintiff”) and Defendant Static

2

Control Components, Inc. (“SCC” or “Defendant”), having reached a settlement

3

agreement and stipulated to this Judgment, it is ORDERED, ADJUDGED and DECREED

4

that:

5
6

1.

This Court has personal jurisdiction over the Parties;

2.

This Court has jurisdiction over the subject matter in issue;

3.

SCC is the owner by assignment of the entire right, title, and interest in and

7
8
9

to United States Patent No. 9,599,949 entitled “Photosensitive Process

10

Cartridge With Driving Force Receiver” and United States Patent No;

11

9,671,742 entitled “Process Cartridge Having A Control Mechanism For A

12

Driving Mechanism” (collectively the “Asserted Patents”);

13
14

4.

Aster acknowledges that the Asserted Patents are valid and enforceable;

5.

SCC asserted claims for infringement of the Asserted Patents against Aster

15

based on Aster’s manufacture, importation, offer for sale, sale, in the United

16

States of the Aster products with the following part numbers: AM-

17

H0255AU, AM-H0255XU, AM-H0280AU, AM-H0280XU, AM-

18

H0280XJU, AM-H0505A, AM-H0505AJ, AM-H0505X/XC, AM-H0505XJ,

19

AP-HF226A, AM-C0119A, AM-C0119XC, AM-H0255XJU, AP-HF287A,

20

AP-HF-287X, and/or AP-HF226X (collection the “Accused Aster

21

Products”).

22
23

6.

“Substantially Similar Aster Products” shall mean any Aster products that are

24

substantially the same in structure and design to the Accused Aster Products

25

with respect to the features of the Accused Aster Products identified by SCC

26

in the claim charts attached to its First Amended Complaint (ECF No. 23) in

27

Case No. 8:17-cv-01221-DOC-JDE and in SCC’s infringement contentions

28

served on Aster on December 4, 2017;
1
FINAL STIPULATION AND CONSENT JUDGMENT TO PERMANENT
INJUNCTION / CASE NO. 8:17-CV-01167-DOC-JDE

1

7.

“Affiliates” of a Party or other legal entity means a business entity, including

2

without limitation entities organized as corporations, partnerships, limited

3

liability partnerships and limited liability companies, that currently or in the

4

future, controls, is controlled by, or is under common control of or with a

5

Party or legal entity. The phrase “controls, is controlled by, or is under

6

common control with” means the possession, directly or indirectly, of the

7

power to direct or cause the direction of the management and policies of such

8

entity, whether through ownership of voting securities (as to which

9

ownership of 50% or more establishes control) or other interests, by contract

10

or otherwise. Notwithstanding the foregoing, in any country where a Party or

11

legal entity is not permitted by law to own fifty percent (50%) or more of the

12

share of a local company, the local company shall be deemed an Affiliate of

13

that Party or legal entity for purposes of this Agreement if such Party or legal

14

entity has or controls, directly or indirectly, the maximum legally allowed

15

ownership interest in such local company;

16

8.

17

Pursuant to the terms set forth in the Settlement Agreement, Aster and its
Affiliates are permanently enjoined from importing, manufacturing, selling

18

or offering to sell any Accused Products or Substantially Similar Aster

19

Products into the United States until the last to expire of the Asserted Patents

20

or all asserted claims of the Asserted Patents in this Action are found or

21

adjudicated invalid or unenforceable by a court of competent jurisdiction;

22
23

9.

This Court shall maintain continuing jurisdiction to enforce this Consent

24

Judgment and all parties hereby agree that service or notice of any further

25

proceedings may be accomplished under Rule 4(d) of the Federal Rules of

26

Civil Procedure;

27
28

10.

This Consent Judgment may be executed in counterparts, each of which shall
be deemed to constitute an original counterpart hereof, and all of which shall
2
FINAL STIPULATION AND CONSENT JUDGMENT TO PERMANENT
INJUNCTION / CASE NO. 8:17-CV-01167-DOC-JDE

1

together constitute one and the same Consent Judgment. One or more

2

counterparts of this Consent Judgment may be delivered by facsimile or

3

electronic transmission with the intent that it, or they, shall constitute an

4

original counterpart hereof; and

5

11.

6

All claims and/or counterclaims asserted by Plaintiff and Defendant are
dismissed without prejudice, with each Party to bear its own costs, expenses

7

and attorney’s fees.

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27

D

SO ORDERED.
: June 7, 2018
DAVID O. CARTER
U.S. District Judge

28
3
FINAL STIPULATION AND CONSENT JUDGMENT TO PERMANENT
INJUNCTION / CASE NO. 8:17-CV-01167-DOC-JDE