Sundesa, LLC v. Muscle Nutrition, LLC

Filing 18

STIPULATED CONSENT JUDGMENT and Permanent Injunction in favor of Plaintiff Sundesa, LLC and against Defendant Muscle Nutrition, LLC. Signed by Judge Miranda M. Du on 06/10/2014. (Copies have been distributed pursuant to the NEF - AC)

Case 2:14-cv-00368-MMD-NJK Document 17-1 Filed 06/09/14 Page 2 of 4

JAMES D. BOYLE,ESQ.
Nevada Bar No.08384
E-mail: [e-mail]
COTTON,DRIGGS, WALCH,
HOLLEY, WOLOSON & THOMPSON
400 South Fourth Street, Third Floor
Las Vegas, Nevada 89101
Telephone: [phone]
702/791-1918
Facsimile:

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LARRY R. LAYCOCK,ESQ.
Utah Bar No.04868(Pro Hac Vice)
MASCHOFF BRENNAN
201 South Main Street, Suite 600
Salt Lake City, Utah 84111
Telephone: [phone]
435/252-1361
Facsimile:

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Attorneysfor PlaintiffSundesa, LLC
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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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SLTNDESA,LLC,a Utah limited liability
company,
CASE NO.: 2:14-cv-00368-MMD-NJK

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Plaintiff,
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li

v.

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MUSCLE NUTRITION LLC,a Nevada limited
liability company,

[PROPOSED]CONSENT JUDGMENT OF
INFRINGEMENTAND ORDER FOR
PERMANENT INJUNCTION

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"Sundesa and Defendant Muscle Nutrition LLC
")
WHEREAS Plaintiff Sundesa, LLC(
(
"Muscle Nutrition") have agreed to settlement of the matter in issue between them and to entry
of this consent judgment of infringement and order for permanent injunction, it is hereby
ORDERED,ADJUDGED,AND DECREED AS FOLLOWS:
STIPULATED FINDINGS OF FACT AND CONCLUSIONS OF LAW

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1.

Plaintiff Sundesa is a Utah limited liability company having its principal place of

business in Lehi, Utah.

Case 2:14-cv-00368-MMD-NJK Document 17-1 Filed 06/09/14 Page 3 of 4

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2.

Defendant Muscle Nutrition is a Nevada limited liability company with its principle

place of business in Carson City, Nevada.
3.

Sundesa is the exclusive licensee of United States Patent No. 6,379,032 (the '032

4 ~ Patent").
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4.

Sundesa is the exclusive licensee of United States Design Patent No. D510,235 (the

'235 Design Patent").
5.

Muscle Nutrition has imported and used Muscle Nutrition Shaker Cups in the United

States that fall within the scope of one or more ofthe claims of Sundesa's '032 Patent.
6.

Muscle Nutrition has imported and used Muscle Nutrition Shaker Cups in the United

10 ~ States that fall within the scope of one or more ofthe claims of Sundesa's '235 Design Patent.
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7.

Sundesa filed a complaint in the United States District Court for the District of

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Nevada, Case No.: 14-cv-00368-MMD-NJK, against Muscle Nutrition for infringement of the

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'032 Patent and the '235 Design Patent.

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8.

The Muscle Nutrition Shaker Cups infringe at least one valid claim of the '032

Patent and at least one valid claim ofthe '235 Design Patent.
STIPULATION

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To resolve the dispute by settlement and agreement, without the necessity of extensive

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litigation and the expenses and inconveniences incident thereto, Sundesa and Muscle Nutrition

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have agreed to enter into a settlement agreement, wherein Muscle Nutrition agrees to cease

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using, and importing into the United States, any Muscle Nutrition Shaker Cups, or any other

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product that falls within the scope of one or more claims of the '032 Patent or the '235 Design

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Patent. Muscle Nutrition further agrees to destroy any remaining Muscle Nutrition Shaker Cups

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in its possession.

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Sundesa and Muscle Nutrition have also agreed that this Court shall retain subject matter

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jurisdiction, and personal jurisdiction over Muscle Nutrition, to enforce the Consent Judgment

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and Permanent Injunction.

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Case 2:14-cv-00368-MMD-NJK Document 17-1 Filed 06/09/14 Page 4 of 4

ORDER

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Pursuant to 35 U.S.C. § 283, Muscle Nutrition, its agents, officers, servants, employees,

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and attorneys, and all persons in active concert and participation with them who receive actual

4~ notice of this Order by personal service or otherwise, are hereby permanently enjoined from
SIB making, using, selling, offering for sale, and importing into the United States, Muscle Nutrition
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Shaker Cups or any other product falling within the scope of one or more valid claim of either

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the '032 Patent or the '235 Design Patent.

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IT IS SO ORDERED.

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Dated: June 10, 2014
UNITED STATES DISTRICT JUDGE

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