BorgWarner, Incorporated v. Dorman Products, Incorporated

Filing 49

PRELIMINARY INJUNCTION, Signed by District Judge John Corbett O'Meara. (WBar)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

) ) Plaintiff, ) ) v. ) ) DORMAN PRODUCTS, INC., ) ) Defendant. ) _____________________________________ )

BORGWARNER INC.,

Civil Action No.: 09-CV-11602 Honorable John Corbett O'Meara

PRELIMINARY INJUNCTION
This matter having come before the Court on the motion of BorgWarner Inc. ("BorgWarner") for a preliminary injunction, the Court having considered the submissions and arguments of the parties and rendered an Opinion and Order dated December 11, 2009 (Doc. 45) which granted that Motion, and for good cause shown: It is hereby ORDERED that: 1. Defendant Dorman Products, Inc. ("Dorman"), its officers, agents, servants,

employees, attorneys and all other persons who are in active concert or participation with any of them, are hereby enjoined from manufacturing, using, offering to sell, selling, or importing Dorman's accused regenerative air pumps (currently identified as Model No. 306010), or any other device no more than colorably different from the accused device, which the court has determined likely infringes, induces or contributes to the infringement of U.S. Patent Nos. 5,527,149 and 6,422,808, until such time as this matter is heard on the merits.

2. $750,000. 3.

Pursuant to Fed. R. Civ. P. 65(c), BorgWarner will post security in the amount of

This ORDER is effective immediately upon service to Dorman.

s/John Corbett O'Meara United States District Judge Date: January 5, 2010

I hereby certify that a copy of the foregoing document was served upon the parties of record on this date, January 5, 2010, using the ECF system and/or ordinary mail. s/William Barkholz Case Manager