Yardstash Solutions, LLC v. Marketfleet, Inc.

Filing 82

JUDGMENT dated *8/2/19* against Marketfleet signed by District Judge Troy L. Nunley on 8/1/19. CASE CLOSED. (Coll, A)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ) ) Case No.: 2:18-cv-00385-TLN-AC YARDSTASH SOLUTIONS, LLC ) ) ) JUDGMENT ) Plaintiff, ) vs. ) ) ) MARKETFLEET, INC., and DOES 1 ) THROUGH 25, inclusive, ) ) ) Defendants. ) ) MARKETFLEET PUERTO RICO, INC. ) Case No.: 2:18-cv-02465- TLN-AC ) ) Plaintiff, ) ) vs. ) ) YARDSTASH SOLUTIONS, LLC., ) ) Defendants. ) ) 25 26 27 28 Plaintiff YARDSTASH SOLUTIONS, LLC (hereinafter, “Yardstash” or “Plaintiff”) commenced the action entitled Yardstash Solutions, LLC v. Marketfleet, Inc., Case No. 18-385 against Defendant MARKETFLEET, INC. (hereinafter, and YardStash Solutions, LLC v. MarketFleet / Marketfleet PR v. Yardstash Solutions, LLC Judgment 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 collectively with MARKETFLEET PUERTO RICO “Marketfleet”), on 28 March 2017 in the United States District Court for the Southern District of California (the action was assigned Case Number 17-625 in the filing Court), alleging, inter alia claims of infringement of Yardstash’s Patent D689,579 (hereinafter, the “‘579 Patent”). This action shall be referred to hereinafter, as the “Yardstash Infringement Action.” The matter was transferred to this Court on 16 February 2018 [Doc. No. 38-1]. Marketfleet filed an answer and counterclaim in this action, alleging that the ‘579 Patent was invalid [Doc. No. 71]. Plaintiff MARKETFLEET PUERTO RICO, INC. (hereinafter and collectively with MARKETFLEET, “Marketfleet” or “Defendants”) commenced the action entitled Marketfleet Puerto Rico, Inc. v. Yardstash Solutions, LLC, Case No. 18-112 action against Plaintiff, on 26 February 2018 in the United States District Court for the District of Puerto Rico. This action shall be referred to hereinafter, as the “Marketfleet Invalidity Action.” The matter was transferred to this Court on 31 August 2018 [Doc. No. 15]. 15 16 17 IT IS ORDERED, ADJUDGED, AND DECREED AS FOLLOWS: 1. 18 through their respective attorneys, hereby stipulate that this Court enters the 19 20 following judgment and permanent injunction against Defendants. 2. 21 conclusively, and forever resolved on the terms stated herein and this 23 25 26 All claims, counter-claims, and defenses asserted in the above-captioned action, including any pending motions are deemed to be finally, 22 24 Pursuant to the Settlement Agreement, all Parties to this action, by and judgment shall have full res judicata effect. 3. The ‘579 Patent and each and every claim thereof is good and valid in law. 4. The ‘579 Patent was obtained by Yardstash from the United States Patent and Trademark Office in good faith. 27 28 YardStash Solutions, LLC v. MarketFleet / Marketfleet PR v. Yardstash Solutions, LLC Judgment 2 1 5. 2 to said ‘579 Patent, together with the right to sue for and collect for damages 3 for past infringement thereof and has been possessed thereof continuously 4 5 since the issuance of said ‘579 Patent. 6. 6 7 7. ($100,000.00). 8. 11 ($87,600.00). 9. 14 Pursuant to the Settlement Agreement, all Parties to this action, by and through their respective attorneys, hereby stipulate that this Court STAYS 15 the enforcement of the above-mentioned damages and attorney fees 16 including any judgment enforcement, and post-judgment discovery. 10. 18 All Parties to this action, by and through their respective attorneys, hereby stipulate that this Court may only lift the stay by showing of good cause to 19 20 Attorney Fees in favor of Yardstash and against Defendants, are awarded in the amount of EIGHTY-SEVEN THOUSAND, SIX-HUNDRED dollars 12 17 Damages are awarded in favor of Yardstash and against Marketfleet, jointly and severally in the total amount of ONE HUNDRED THOUSAND dollars 9 13 Plaintiff Yardstash is entitled to recover judgement in its favor and against Defendants, including damages and attorney fees. 8 10 Plaintiff Yardstash is possessed of the entire right, title, and interest in and the Court Pursuant to the terms and conditions of the Settlement Agreement. 11. A Permanent Injunction is entered against Defendants by separate Order. 21 22 IT IS SO ORDERED 23 Dated: August 1, 2019 24 25 26 27 Troy L. Nunley United States District Judge 28 YardStash Solutions, LLC v. MarketFleet / Marketfleet PR v. Yardstash Solutions, LLC Judgment 3

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