JS Products, Inc. v. Kabo Tool Company

Filing 375

FINAL JUDGMENT in favor of Plaintiff JS Products, Inc. and against Defendants Kabo Tool Company and Chih-Ching Hsieh on JSP's claim for declaratory judgment of patent invalidity, and in favor of JSP on Defendants' counterclaim for patent infringement. Defendants shall take nothing by way of their counterclaim. All remaining claims and defenses are hereby dismissed withoutprejudice as moot. Signed by Judge Robert C. Jones on 9/9/14. (Copies have been distributed pursuant to the NEF - MMM)

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R. Scott Weide (Nevada Bar No. 5541)
[e-mail]
Ryan Gile (Nevada Bar No. 8807)
[e-mail]
WEIDE &MILLER, LTD.
7251 W. Lake Mead Blvd., Suite 530
Las Vegas, NV 89128-8373
Tel. [phone]
Fax [phone]
John B. Sganga, Jr. (admitted pro hac vice)
[e-mail]
Joshua Stowell (admitted pro hac vice)
[e-mail]
KNOBBE, MARTENS, OLSON & BEAR, LLP
2040 Main Street, Suite 1400
Irvine, CA 92614
Tel. [phone]
Fax [phone]
Attorneys for Plaintiff/Counterdefendant
JS PRODUCTS, INC

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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JS PRODUCTS, INC.

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Plaintiff/Counterdefendant,

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v.

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KABO TOOL COMPANY; CHIHCHING HSIEH; JOHN DOE
ENTITIES I-X; AND JOHN
DOES XI-XX
Defendant/Counterclaimant.

) Case No. 2:11-CV-01856-RCJ-GWF
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) [PROPOSED] FINAL JUDGMENT
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Having granted the Motion for Partial Summary Judgment of Patent

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Invalidity filed by Plaintiff JS Products, Inc.’s (“JSP”), final judgment in favor

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of JSP is therefore appropriate.

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IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that:

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(1)

The only causes of actions to be adjudicated in this action are

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Plaintiff

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Noninfringement and Invalidity/Unenforceability of the ’057

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Patent [Dkt. # 34] and Defendants Kabo Tool Company’s first

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counterclaim for Patent Infringement [Dkt. # 37].

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(2)

JSP’s

first

claim

for

Declaratory

Judgment

of

For all of the reasons set forth in the Court’s Order [Dkt. #373]

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dated July 28, 2014, Claim 1 of U.S. Patent No. 7,066,057 (“’057

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patent”), the only patent claim alleged to be infringed by

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Defendants in the above-captioned action, is declared invalid

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because each limitation in the patent claim was anticipated by the

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prior art.

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(3)

Final Judgment is hereby entered in favor of Plaintiff JSP and

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against Defendants Kabo Tool Company and Chih-Ching Hsieh on

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JSP’s claim for declaratory judgment of patent invalidity, and in

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favor of JSP on Defendants’ counterclaim for patent infringement.

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Defendants shall take nothing by way of their counterclaim.

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(4)

All remaining claims and defenses are hereby dismissed without
prejudice as moot.

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IT IS SO ORDERED

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Dated: September 9, 2014.
UNITED STATES DISTRICT JUDGE

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Case no. 11-cv-01856 RCJ-GWF