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AQUAPAC INTERNATIONAL LIMITED v. GPS OUTFITTERS INC.

United States District Court, Northern District of California


March 13, 2003

AQUAPAC INTERNATIONAL LIMITED, PLAINTIFF,
v.
GPS OUTFITTERS INC., DEFENDANT.

The opinion of the court was delivered by: James Larson, United States Magistrate Judge.

CONSENT FINAL JUDGMENT AND PERMANENT INJUNCTION

This Consent Final Judgment and Permanent Injunction is based on the following facts:

1. This is an action for infringement of United States Patent No. 5,797,683 (the "'683 Patent"), assigned to Plaintiff Aquapac International Limited ("Aquapac"), brought against Defendant GPS Outfitters Inc. ("GPS"), the accused infringer.
2. On January 30, the parties agreed to settle this action and have entered into a separate Settlement Agreement. As part of that Agreement, GPS agreed to entry of this Consent Final Judgment and Permanent Injunction.
3. This Consent Final Judgment and Permanent Injunction is intended (1) to resolve finally all claims and potential defenses in this litigation and (2) to preclude the future litigation of (a) claims and potential defenses which were or could have been raised in this action and (b) legal and factual issues which would have been necessary to the entry of an equivalent judgment following a trial on the merits.
On the basis of the foregoing facts, and with the consent of the parties, IT IS HEREBY ORDERED, ADJUDGED AND DECREED as follows:

4. This Court has jurisdiction over Aquapac and GPS and over the subject matter in issue.

5. Plaintiff Aquapac is the assignee of the `683 Patent and has been the assignee for the duration of the period at issue in this action.

6. The `683 Patent is good and valid in law.

7. GPS has sold and offered for sale in the United States a sealable bag, denominated by GPS as the "Watersafe." The Watersafe infringes the `683 Patent.

8. GPS, its officers, directors, employees, agents, licensees, servants, representatives, distributors, successors and assigns, and any and all persons acting in privity or in concert with GPS, are enjoined from making or causing to have made, using, selling, offering to sell, or importing the Watersafe, or any other sealable bag using a sealing mechanism the same as, or only insubstantially different from, the sealing mechanism of the Watersafe, as measured by the claims of the `683 Patent, for the remainder of the term of the `683 Patent in the United States.

9. GPS, its officers, directors, employees, agents, licensees, servants, representatives, distributors, successors and assigns, and any and all persons acting in privity or in concert with GPS, are enjoined from otherwise infringing or contributing to the infringement of the `683 Patent, and each and every claim thereof, for the remainder of the term of the `683 Patent in the United States.

10. This Consent Final Judgment and Permanent Injunction shall have such claim preclusive effect as an equivalent judgment entered after a trial on the merits.

11. This Consent Final Judgment and Permanent Injunction shall have such issue preclusive effect as though each of the legal and factual issues necessary to the entry of an equivalent judgment after a trial on the merits, including the validity of the `683 Patent, had been actually, fully and fairly litigated in this action.

12. No accounting is ordered and no damages are awarded to Plaintiffs through this Consent Final Judgment and Permanent Injunction. The parties agree that this Court may enforce the Settlement Agreement as and if necessary.

Each party shall bear its own costs and attorneys' fees in connection with this action.

20030313

© 1992-2003 VersusLaw Inc.



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