Equalia, LLC v. Kushgo LLC et al

Filing 98

STIPULATED PERMANENT INJUNCTION. Signed by Judge Richard F. Boulware, II on 3/22/17. (Copies have been distributed pursuant to the NEF - MMM)

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Attorneys for Plaintiffs
EQUALIA, LLC and HOVERBOARD
TECHNOLOGIES CORPORATION

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A Professional Corporation
Redwood City

Ropers Majeski Kohn & Bentley

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STEPHEN J. ERIGERO (SBN 11562)
TIMOTHY J. LEPORE (SBN 13908)
LAEL D. ANDARA (California SBN 215416)
MARIE E. SOBIESKI (California SBN 278008)
ROPERS, MAJESKI, KOHN & BENTLEY
3753 Howard Hughes Pkwy., Suite 200
Las Vegas, NV 89169
Telephone:
[phone]
Facsimile:
[phone]
Email:
[e-mail]
[e-mail]
[e-mail]
[e-mail]

UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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EQUALIA, LLC, a California limited
liability company, and HOVERBOARD
TECHNOLOGIES CORPORATION, a
California corporation,

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CASE NO. 2:16-cv-02851-RFB-CWH
[PROPOSED] ORDER FOR STIPULATED
PERMANENT INJUNCTION

Plaintiffs,
v.
KUSHGO LLC dba HALO BOARD, a
California limited liability company;
HALO BOARD LLC, an Oregon limited
liability company; ARTHUR
ANDREASYAN, an individual; and
SHENZHEN WINDGOO INTELLIGENT
TECHNOLOGY CO. LTD., a foreign
company,

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Defendants.

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4825-0253-1397.3

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[PROPOSED] ORDER FOR STIPULATED
PERMANENT INJUNCTION
Case No. 16-cv-02851-RFB-CWH

WHEREAS, on December 9, 2016, Plaintiffs Equalia LLC and Hoverboard Technologies

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Corporation (collectively, "Equalia"), filed a civil action seeking relief for patent infringement

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under 35 U.S.C. §271, and unfair and deceptive trade practices under 15 U.S.C. §45, entitled

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Equalia LL,C et al. v. Kushgo LLC, et al., in the United States District Court, District of Nevada,

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Case No. 2:16-cv-2851-RFB (the "Nevada Litigation") against Defendants Kushgo LLC, Halo

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Board LLC, and Arthur Andreasyan (collectively, "Defendants");
WHEREAS, on February 19, 2017, Defendants filed an appeal with the United States

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Court of Appeals for the Federal Circuit, entitled Equalia LL,C et al. v. Kushgo LLC, et al., Case

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No. 17-1658 (the "Appellate Litigation");

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A Professional Corporation
Redwood City

Ropers Majeski Kohn & Bentley

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WHEREAS, Equalia and Defendants (collectively, "Parties") have reached an agreement

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("Settlement Offer") to resolve the Nevada Action and the Appellate Litigation, and now wish to

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stipulate to the entry of a Permanent Injunction;

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NOW, THEREFORE, the Parties, by and through their counsel, hereby STIPULATE to

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the entry of the following Permanent Injunction and request an Order for an injunction pursuant

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to 35 U.S.C. §283 and Fed. R. Civ. P. 65, that Defendants Kushgo, LLC, Halo Board, LLC, and

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Arthur Andreasyan, as well as their officers, agents, servants, employees, attorneys, and any other

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persons in active concert or participation with them are PERMANENTLY ENJOINED from

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marketing, displaying, making, using, offering to sell, or selling within the United States, or

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importing into the United States, the accused "Halo Board" product(s) and all other products any

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substantially similar version thereof, online within the United States or in any physical location

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within the United States.

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4825-0253-1397.3

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[PROPOSED] ORDER FOR STIPULATED
PERMANENT INJUNCTION
Case No. 16-cv-02851-RFB-CWH

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This permanent injunction is understood to be consistent with the Court’s order of January
20, 2017 as entered in Case No. 16-CV-02851. Docket 50.

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IT IS SO STIPULATED.

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Dated: March 15, 2017

ROPERS, MAJESKI, KOHN & BENTLEY

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By: /s/ Lael D. Andara
LAEL D. ANDARA
MARIE E. SOBIESKI
TIM J. LEPORE
Attorneys for Plaintiff
EQUALIA, LLC and HOVERBOARD
TECHNOLOGIES CORPORATION

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A Professional Corporation
Redwood City

Ropers Majeski Kohn & Bentley

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Dated: March 15, 2017

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By: /s/ Steven Rinehart
STEVEN RINEHART
Attorney for Defendants
KUSHGO, LLC, HALO BOARD, LLC, and
ARTHUR ANDREASYAN

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Based on the above stipulation, and for good cause shown,

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IT IS SO ORDERED.
Dated: March 15, 2017

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By:

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JUDGE FRANKLIN BOULWARE II

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DATED this 22nd day of March, 2017.

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4825-0253-1397.3

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[PROPOSED] ORDER FOR STIPULATED
PERMANENT INJUNCTION
Case No. 16-cv-02851-RFB-CWH

CERTIFICATE OF SERVICE

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In accordance with Rule 5(b) of the Federal Rules of Civil Procedure, I hereby certify that
on the 13th day of March 2017, a copy of [PROPOSED] ORDER FOR STIPULATED
PERMANENT INJUNCTION, was served on all CM/ECF registered parties by filing and
serving the same using the CM/ECF filing system.

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/s/ Lael D. Andara

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Lael D. Andara
An employee of Ropers Majeski Kohn
& Bentley, P.C.

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A Professional Corporation
Redwood City

Ropers Majeski Kohn & Bentley

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4825-0253-1397.3

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[PROPOSED] ORDER FOR STIPULATED
PERMANENT INJUNCTION
Case No. 16-cv-02851-RFB-CWH