Popsockets LLC v. Hueffner

Filing 63

ORDER DISMISSING CASE signed by Judge Pamela Pepper on 7/23/2019 APPROVING 61 Stipulation for Consent Judgment. (cc: all counsel, via mail to Craig Hueffner)(cb)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
POPSOCKETS LLC,
Plaintiff,
v.

Case No. 17-cv-827-pp

CRAIG HUEFFNER, individually and
d/b/a ABSOLUTE MARKETING,
Defendant.
ORDER APPROVING STIPULATION FOR CONSENT JUDGMENT
(DKT. NO. 61) AND CLOSING CASE
On July 12, 2019, the plaintiff filed a document titled “Consent
Judgment and Permanent Injunction,” which the court construes as a motion
to approve the parties’ agreement for the court to enter a consent judgment.
Dkt. No. 61. The motion stated that the parties had agreed to the court’s entry
of a judgment and permanent injunction on the terms the parties listed in the
motion; both parties signed the motion. Id.
The court APPROVES the parties’ agreement as reflected in the motion.
Dkt. No. 61.
The court FINDS that:
Plaintiff PopSockets filed this complaint alleging that the defendant,
individually and doing business as Absolute Marketing, had infringed on U.S.
Patent No. 8,560,031 and U.S. Design Patent No. D777,022.
PopSockets is the assignee and the sole and exclusive owner of all right,
title, and interest in and to U.S. Patent No. 8,560,031 and U.S. Design Patent
No. D777,022.
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The court ORDERS that:
1. The defendant is PERMANENTLY ENJOINED from contending in this
case or any other proceeding that the defendant’s products (exemplary
products are identified in Exhibits A and B, dkt. nos. 61-1, 61-2) or
variations thereof, do not infringe the PopSockets Patents.
2. The defendant and his agents, servants, employers, attorneys and all
those acting in privity, concert or participation with any of them ARE
IMMEDIATELY AND PERMANENTLY ENJOINED from importing,
making, using, selling, and/or offering for sale the accused product or
any similar products for the life of the patent as long as there exists a
valid asserted claim, and no final, non-appealable determination of
invalidity of each asserted claim.
3. No appeals shall be taken by any party from this consent judgment
and permanent injunction, the right to appeal being expressly waived
by the parties.
4. Any violation of the consent judgment and permanent injunction by
the defendant would cause irreparable harm to the plaintiff and, if
such a violation occurs, the plaintiff will be entitled to immediate
relief.
5. This court will retain jurisdiction for the purpose of enforcing the
terms of the consent judgment, permanent injunction, and settlement
agreement.

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6. The court will enter final judgment reflecting this agreement and shall
dismiss the case.
Dated in Milwaukee, Wisconsin this 23rd day of July, 2019.
BY THE COURT:
_____________________________________
HON. PAMELA PEPPER
United States District Judge

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