Custom Dynamics, LLC v. New Rage Cycles et al

Filing 11

CONSENT JUDGMENT. Signed by Senior Judge W. Earl Britt on 11/23/2016. (Marsh, K)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
Case No: 5:16-CV-00812-BR
CUSTOM DYNAMICS LLC,
Plaintiff,
v.
NEW RAGE CYCLES and JUSTIN VOGEL,
Defendants.

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CONSENT JUDGMENT

Before the court is a motion for entry of consent judgment submitted by the Plaintiff
Custom Dynamics, LLC and reflecting the consent of Defendant New Rage Cycles (“NRC”) and
Justin Vogel to enter into this consent judgment as part of a settlement between the parties to
finally resolve this litigation between them. Pursuant to Rule 58 of the Federal Rules of Civil
Procedure and upon the agreement of the parties, the Court enters judgment for Plaintiff and
against Defendants as follows.
The Court finds as follows:
1. Defendants consent that personal jurisdiction and venue are appropriate in this matter.
2. Defendants compete against Plaintiff in the automotive lighting business.
3. Custom Dynamics owns United States Patent No. 8,876,331 entitled “Annular Lighting
Fixture and Method for Illumination,” United Sates Patent No. 8,192,061 entitled “Annular
Lighting Fixture and Method for Illumination,” United States Patent No. D611,187 entitled “Light
Fixture,” and United States Patent No. D605,345 entitled “Light Fixture” (the four asserted patents
referred to collectively herein as “the ALF Patents”).

4. Defendants do not contest Plaintiff’s ownership or the validity or enforceability of the
ALF Patents.
5. Custom Dynamics accuses Defendants of infringement based on Defendants selling
and distributing particular lighting devices. To resolve this dispute, Defendants consent to being
permanently enjoined from
i.

making, importing, selling or distributing annular lighting fixtures having a
housing comprising a top portion and a bottom portion, a channel defined by the
top portion and the bottom portion and plurality of lights disposed in the channel
and

ii.

making, importing, selling or distributing annular lighting fixtures having an
annular housing with a channel; a plurality of lights disposed in said channel; and
one or more flexible circuit boards, wherein said plurality of lights comprises
light emitting diodes mounted upon said one or more flexible circuit boards and
wherein said plurality of lights sweeps at a viewing angle of from not less than 60
degrees to not more than 270 degrees.

(“ALF Devices”) until the expiration of each asserted ALF Patent, absent an express written
license from Custom Dynamics.
6.

For purposes of resolving the disputes and disagreements between them, Plaintiff

and Defendants have reached an agreement on all matters in controversy between them and
consent to entry of final judgment on the terms and conditions set forth herein with each
party to bear its own cost and fees associated with this action.

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IT IS THEREFORE ORDERED THAT:
Defendant NRC, to include its divisions, officers, directors and managing agents, , and
employees, as well as its assigns and successors-in-interest, and Defendant Vogel are
PERMANENTLY ENJOINED from
i.

making, importing, selling or distributing annular lighting fixtures having a
housing comprising a top portion and a bottom portion, a channel defined by the
top portion and the bottom portion and plurality of lights disposed in the channel
and

ii.

making, importing, selling or distributing annular lighting fixtures having an
annular housing with a channel; a plurality of lights disposed in said channel; and
one or more flexible circuit boards, wherein said plurality of lights comprises
light emitting diodes mounted upon said one or more flexible circuit boards and
wherein said plurality of lights sweeps at a viewing angle of from not less than 60
degrees to not more than 270 degrees

(“ALF Devices”) until December 10, 2028 absent an express written license from Custom
Dynamics.
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DONE AND ORDERED in Chambers in Raleigh, North Carolina this ___ day of November
2016.

Senior
We consent.
COATS & BENNETT, PLLC

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The Honorable W. Earl Britt
United States District Court Judge