Bajer Design & Marketing, Inc. v. Whitney Design, Inc.

Filing 99

MOTION by Plaintiff Bajer Design & Marketing, Inc. for judgment Consent Judgment (Staes, Andrew)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
Bajer Design & Marketing, Inc.,
a Wisconsin corporation,

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Plaintiffs,

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Whitney Design Inc.,
A Delaware Corporation
Defendants.

Case No. 09 C 1815

Judge Feinerman

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PLAINTIFF'S MOTION FOR ENTRY OF CONSENT JUDGMENT
Plaintiff

hereby moves for entr of

executed by both sides.

Ryan Kromholz & Manion
P.O. Box 26618
Milwaukee, Wisconsin 53226
[phone]
Staes & Scallan, P.C..
111 W. Washington
Suite 1631

Chicago, IL 60602
[phone]

the attached Consent Judgment, which has been

CERTIFICATE OF SERVICE
Consent

I, Andrew Staes, certify that I have caused Plaintiffs Motion For Entry Of

Judgment to be served upon the following persons via ECF electronic notification on June 6,
2011.

Isl Andrew Staes
ANDREW ST AES

SERVICE LIST
Nelson Nolte
McPherson D. Moore
POLSTER, LIEDER, WOODRUFF & LUCCESHI
12412 Owerscour Drive
Suite #200

St. Louis, MO 63131

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
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!Bajer Design & Marketig, Inc.,
ia Wisconsin Corporation,

Plaitiff

CONSENT JUDGMENT
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v.
Case No. 1:09cv01815

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~hitney Design, Inc.,
ia Delaware Corporation,

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Defendant.

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CONSENT JUDGMENT
The Plaintiff, BAjER DESIGN & MARKTING, INC., ("Plaintiff') and the Defendant, WHITNEY
DESIGN, INC ("Defendant"), having agreed to the entr of this consent judgment, it is ORDERED,

ADJUDGED AND DECREED as follows:

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1. This court has jursdiction over the subject matter of this action and jursdiction over both

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the Plantiff and Defendant.

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2. judgment is hereby entered in favor of Plaintiff and against Defendant on Plaintiffs claims

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of infringement of

United States Patent Nos. 5,964, 533.

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3. Defendant waives al defenses and counterclaims which have been or could have been

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rased in this action includig al defenses and counterclaims for invalidity, non-

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infringement, and/or unenforceabilty of the patents-in-suit.

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4. United States Patent No. 5,964,533 is valid and enforceable.

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5. Plaitiffs clais for damges and attorney fees with respect to patent infringement are

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dismissed with prejudice, provided, however, that any such claims shal be preserved with

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respect to any infringement of the patents-in-suit by either Defendant after the date of

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entr of judgment.

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Each party is to bear its own costs and attorney fees.

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Defendant, thei offcers, agents, servants, employees, attorneys, and those persons or

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entities in active concert or parcipation with them who receive actual notice of ths

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PERMNENT INJUNCTION, are hereby permancntly enjoin

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sellng, offering to sell or importing, or inducing others to makc, use, sell, offer to sell, or

cd from making, using,

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import foldable hampers and collapsible containers that infringe upon at least one claim of

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United States Patent No. 5,964,533 or are identical to or substantially simar to the

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Infringing Product (See Complaint Exhibit 2), absent Defendant purchasing the foldable

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hampers or collapsible contaiers from Plaintiff or Defendant being granted a license by

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Plaintiff under United States Patent No. 5,964,533 and Defendant not being in any

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uncured breach of the terms or conditions of any such license so granted or purchase

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made.

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This PERMNENT INJUNCTION shall rcmain in effect unti anyone of the following

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events occurs: (1) the expiration of United States Patent No. 5,964,533 or (2) al of the

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claims of United States Patent No. 5,964,533 are held to be invalid by a final order of a

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court of competent jurisdiction that has not or cannot be appealed. In the event that fewer

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than all of the clais of United States Patent No. 5,964,533 (or claims added during rcissue

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or reexamiation of those patents) are canceled or are held invalid or unenforceable in a

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fial order that has not or cannot be appealed, and then Defendant shall not be prccluded

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from seeking modification of this PERMNENT INJUNCTION, upon a showing by

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Defendant of non-infringement of such claims that remain.

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2.

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Plaintiff

This Judgment has been unconditionally accepted by authorized representatives of

and Defendant.

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The court retains jurisdiction to enforce this Order.

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Entered this

day

of

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UNITED STATES DISTRCT JUDGE

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3.

2011.

1 CONSENTED TO:
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Date:
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By:

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ÓiJ ¿ I ;z n i D", J:~~

(f~ ~t.IJIí) ~ ~~

Joseph~. Kromholz "'-7' McPhlrson D. Moore

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John M. Manion Polster, Lieder, Woodruff & Lucchesi,
Melissa S. Hockersmith L.c.

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p.o. Box 26618 Suite 63131

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Teleph e: [phone] Telephone: [phone]

Ryan Kromholz & Manion, S.c. 12412 Powers

Miwaukee, Wisconsin 53226-0618 St. Louis, MO 63131
Attorneys for Defendant Whitney Design, Inc.

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By:

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eplien Scallan

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Andrew Staes
Staes & Scallan, P.c.
111 W. Washington Street

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Suite 1631

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Chicago, Illinois 60602
Attorneys for Plaintiff

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court Drive

Bajer Design &

Marketig, Inc.

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