Oakley, Inc. v. Talitor Far East Company Limited et al

Filing 16

ORDER granting Consent Judgment and Permanent Injunction against Defendants Mungoshop.com and Surprisinggift.com only re 15 Motion. Final Judgment is hereby entered in favor of Oakley against only Defendants Mungo and SurprisingGift on all causes of action. Signed by Judge Dana M. Sabraw on 9/22/11. (lao)

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Michael K. Friedland (State Bar No. 157,217)
[e-mail]
Paul N. Conover (State Bar No. 192,358)
[e-mail]
Ali S. Razai (State Bar No. 246,922)
[e-mail]
KNOBBE, MARTENS, OLSON & BEAR, LLP
2040 Main Street
Fourteenth Floor
Irvine, CA 92614
Phone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff
OAKLEY, INC.

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IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF CALIFORNIA
OAKLEY, INC., a Washington corporation,

)
)
Plaintiff,
)
)
v.
)
)
TALITOR FAR EAST COMPANY LIMITED, a )
Taiwan company, MUNGOSHOP.COM, a South )
Carolina company, SURPRISINGGIFT.COM, a
)
South Carolina company, NUTECH TRADING
)
USA INC., a New York corporation, IOFFER
)
CORPORATION, a California corporation,
)
TRIPLECLICKS, a Nebraska company,
)
CARSON SERVICES INC., a Nebraska
)
corporation, BRILLIANT STORE, INC., a
)
California corporation, THE CAMERA BOX
)
INC., a New York Corporation, LOCAL DEAL
)
FINDER, a Massachusetts company, BARGAINS )
FOR YOU LLC, a Massachusetts company,
)
)
Defendants.
)
)

Case No. 11cv1305 DMS (WMC)
ORDER GRANTING CONSENT
JUDGMENT AND PERMANENT
INJUNCTION AGAINST
DEFENDANTS
MUNGOSHOP.COM AND
SURPRISINGGIFT.COM ONLY

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The Court, having considered Plaintiff Oakley, Inc. (“Oakley”) and Defendants

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Mungoshop.com

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collectively referred to as “Defendants”) Joint Motion for Consent Judgment and Permanent

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Injunction, and good cause appearing, hereby GRANTS Oakley and Defendants Mungo and

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SurprisingGift’s Joint Motion for Consent Judgment and Permanent Injunction based on the

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Confidential Settlement Agreement (“Settlement Agreement”) executed by and between the

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Oakley and Defendants Mungo and SurprisingGift on September 20, 2011 (“Effective Date”),

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which disposed of all claims in this Action.

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IT IS HEREBY ORDERED:

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1.

(“Mungo”)

and

Surprisinggift.com

(“SurprisingGift”)

(hereinafter

This Court has subject matter jurisdiction over this Action as well as personal

jurisdiction over Oakley and Defendants Mungo and SurprisingGift.

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2.

Venue is proper in this judicial district.

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3.

Oakley is the owner of U.S. Design Patent No. D523,461 (“the D461 patent”).

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4.

Oakley is the owner of U.S. Patent No. 5,387,949 (“the ‘949 patent”).

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5.

The claims of the D461 patent and the ‘949 patent are valid and enforceable.

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6.

Defendants Mungo and SurprisingGift have sold and offered for sale the

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SCR88 Spy Sunglasses Camcorder Mobile Eyewear Recorder (“Accused Eyewear”),

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depicted in the photograph attached hereto as Exhibit A.

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7.

Defendants Mungo and SurprisingGift infringe the D461 patent and the ‘949

patent by their sale and offer for sale of the Accused Eyewear.
8.

Pursuant to the Patent Act, 35 U.S.C. § 283, Defendants Mungo and

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SurprisingGift, together with their officers, directors, agents, servants, employees and

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affiliates thereof, representatives and attorneys, and all persons acting or attempting to act in

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concert or participation with them, are permanently enjoined and restrained from making,

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using, offering to sell, selling, or distributing within the United States, its territories and

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possessions, or by importing into the United States, its territories and possessions, the

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Accused Eyewear or any other goods that are no more than a colorable variation therefrom

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and that are infringements of the D461 during the life of said patent.
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Consent Judgment and Permanent Injunction
Case no. 11cv1305 DMS (WMC)

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9.

Pursuant to the Patent Act, 35 U.S.C. § 283, Defendants Mungo and

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SurprisingGift, together with their officers, directors, agents, servants, employees and

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affiliates thereof, representatives and attorneys, and all persons acting or attempting to act in

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concert or participation with them, are permanently enjoined and restrained from making,

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using, offering to sell, selling, or distributing within the United States, its territories and

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possessions, or by importing into the United States, its territories and possessions, the

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Accused Eyewear or any other goods that are no more than a colorable variation therefrom

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and that are infringements of the ‘949 patent during the life of said patent.

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10.

Final Judgment is hereby entered in favor of Oakley against only Defendants

Mungo and SurprisingGift on all causes of action.
11.

No other or further relief is granted to either Oakley or Defendants Mungo and

SurprisingGift with respect to each other.
12.

Oakley and Defendants Mungo and SurprisingGift advise that they

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affirmatively waive any and all rights to appeal this Final Consent Judgment and Permanent

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Injunction.

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13.

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This Court retains jurisdiction to monitor and enforce compliance with this

Permanent Injunction.
14.

This Final Consent Judgment and Permanent Injunction do not resolve the

claims brought by Oakley against other Defendants in this action.

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Dated: September 22, 2011
Honorable D
bl Dana M S b
l
M. Sabraw
UNITED STATES DISTRICT COURT JUDGE

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Consent Judgment and Permanent Injunction
Case no. 11cv1305 DMS (WMC)

EXHIBIT A