United States District Court, Northern District of California
April 4, 2003
NORTHPOLE LLC, A DELAWARE LIMITED LIABILITY COMPANY, AND NORTHPOLE, LIMITED, A HONG KONG CORPORATION, PLAINTIFFS AND COUNTERCLAIM DEFENDANTS,
LIFETIME PRODUCTS, INC., A UTAH CORPORATION, DEFENDANT AND COUNTERCLAIMANT.
The opinion of the court was delivered by: Charles R. Breyer, United States District Court Judge
STIPULATION AND ORDER OF
The parties having settled their dispute jointly move the Court for entry of an Order and Judgment as follows:
Pursuant to stipulation of the parties, the Court, being fully advised in the premises and good cause appearing therefor, finds and orders as follows:
Findings of Fact
1. Declaratory judgment plaintiff and infringement counterclaim defendant NorthPole Products LLC is a limited liability company organized and existing under the laws of the state of Delaware with its principal place of business in Fremont, California.
2. Declaratory judgment plaintiff and infringement counterclaim defendant NorthPole, Limited is a corporation organized and existing under the laws of Hong Kong, with its principal place of business in Kowloon, Hong Kong.
3. Declaratory judgment defendant and infringement counterclaim plaintiff Lifetime Products, Inc. ("Lifetime") is a corporation organized and existing under the laws of the state of Utah with its principal place of business in Clearfield, Utah.
4. Lifetime is the owner of United States Patent Nos. 5,536,552 (the "'552 patent") and 6,431,092 (the "'092 patent").
5. Since 1998, Lifetime has manufactured and sold within the United States blow-molded folding utility table products which are covered by a portfolio of patents including the `552 and `092 patents.
6. Since 2001, NorthPole LLC and NorthPole, Limited (collectively "NorthPole") have imported into the United States, and sold and offered for sale within the United States, in competition with Lifetime and without authorization from Lifetime, five-foot and six-foot blow-molded folding tables, including those bearing model nos. BMT20025 and BMT20026 (the "Accused Products"), all of which fall within one or more of the claims of the `552 and `092 patents.
7. NorthPole admits that the Accused Products infringe the `552 and `092 patents.
8. NorthPole admits that the claims of the `552 and `092 patents are valid and enforceable.
Conclusions of Law
9. The claims of the `552 and `092 patents are valid and enforceable.
10. Pursuant to 35 U.S.C. § 283, Lifetime is entitled to an injunction prohibiting NorthPole, its agents and servants, and any and all parties acting in concert with any of them from importing the Accused Products into the United States, and from making, using, selling or offering to sell the Accused Products within the United States.
11. NorthPole, its agents and servants, and any and all parties acting in concert with any of them, are hereby enjoined from importing into the United States, and from making, using, selling or offering to sell within the United States, the Accused Products.
12. The Court shall retain jurisdiction to enforce the terms of this order.
13. Each party shall bear its own costs and attorneys' fees.
IT IS SO ORDERED and JUDGMENT IS SO RENDERED:
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