AEVOE CORP. v. AE Tech Co., Ltd.

Filing 66

ORDER and PRELIMINARY INJUNCTION. (See Order for details). Signed by Judge Gloria M. Navarro on 5/2/12. (Copies have been distributed pursuant to the NEF - MMM)

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1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 4 AEVOE CORP., 5 Plaintiff, 6 7 vs. AE TECH CO., LTD., et al., 8 Defendants. 9 ) ) ) ) ) ) ) ) ) Case No.: 2:12-cv-0053-GMN-RJJ ORDER 10 On January 24, 2012, this Court issued a preliminary injunction enjoining Defendant 11 AE Tech Co. Ltd (“AE Tech”) its agents, servants, employees, confederates, attorneys, and 12 any persons acting in concert or participation with them, or having knowledge of the order by 13 personal service or otherwise be, from practicing, making, manufacturing, importing, offering 14 for sale, selling, and/or otherwise using U.S. Patent No. 8,044,942, or any reproduction, 15 counterfeit, copy, or colorable imitation of the same. (See PI Order, ECF No. 16.) The Court 16 subsequently granted in part and denied in part AE Tech’s Motion to Reconsider the 17 Preliminary Injunction Order on March 7, 2012. (See Reconsideration Order, ECF No. 43.) 18 The Court amended the preliminary injunction at that time to remove the language “practicing 19 . . . or any reproduction, counterfeit, copy, or colorable imitation of the same.” Plaintiff, Aevoe 20 Corp., filed an amended complaint on March 14, 2012 adding GreatShield, Inc. and S&F 21 Corporation as defendants. (See FAC, ECF No. 44). Following its amended complaint, 22 Plaintiff filed a Motion for Order to Show Cause why Defendants Should Not Be Held in 23 Contempt for Violating the Preliminary Injunction. (See Motion for OSC, ECF No. 49.) 24 Based on the arguments from the April 30, 2012 hearing, and the briefings of the 25 parties, as well as the Court’s previous findings pertaining to the preliminary injunction in Page 1 of 2 1 place in this case, the Court hereby amends the preliminary injunction. PRELIMINARY INJUNCTION 2 IT IS HEREBY ORDERED that AE Tech Co., Ltd., GreatShield, Inc., S&F 3 4 Corporation, their agents, servants, employees, confederates, attorneys, and any persons acting 5 in concert or participation with them, or having knowledge of this Order by personal service or 6 otherwise be, and hereby are, preliminarily enjoined from practicing, making, manufacturing, 7 importing, offering for sale, selling, and/or otherwise using U.S. Patent No. 8,044,942, or a 8 colorable imitation of the same, and from transferring, moving, returning, destroying, or 9 otherwise disposing of any Infringing Goods, including, but not limited to, ACase APlus 10 Shield Anti-Glare products, original and redesigned, and the GreatShield EZseal Plus 100% 11 Bubble Free Screen Protector, pending a trial on the merits. Defendants are hereby given further notice that they shall be deemed to have actual 12 13 notice of the issuance and terms of this Preliminary Injunction and that any act by it in 14 violation of any of the terms hereof may be considered and prosecuted as contempt of this 15 Court. 16 DATED this 2nd day of May, 2012. 17 18 19 20 ________________________________ Gloria M. Navarro United States District Judge 21 22 23 24 25 Page 2 of 2

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