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W.S. DEANS CO. v. DYMOND MODELSPORT USA LTD.

United States District Court, S.D. California


October 4, 2005.

W.S. DEANS CO., a California corporation, and WILLIAM S. DEANS, an individual Plaintiffs,
v.
DYMOND MODELSPORT USA LTD., a Wisconsin corporation Defendant.

The opinion of the court was delivered by: RUBEN BROOKS, Magistrate Judge

JUDGMENT BY CONSENT

The parties having agreed to a settlement of the matters at issue in this action and to the entry of this Judgment By Consent,

IT IS HEREBY ORDERED, ADJUDGED AND DECREED that:
  1. This Court has jurisdiction over Plaintiffs William S. Deans and W.S. Deans Co., and Defendant DYMOND MODELSPORT USA, LTD., as well as the subject matter hereof. Venue is proper in this Judicial District. 2. U.S. Patent No. 5,533,915 ("the '915 Patent") was duly and lawfully issued by the U.S. Patent and Trademark Office, and the '915 patent is valid and enforceable.

  3. Plaintiff William S. Deans is the owner of the '915 patent.

  4. Defendant has infringed the '915 patent by making, using, selling, offering for sale, and/or importing devices covered by the claims of the '915 patent.

  5. Defendant shall pay damages to Plaintiff W.S. Deans Co. for the infringement in the amount of $15,000 in three equal payments of $5,000. The first payment shall be due no later than three (3) days after entry of this Judgment. The second payment shall be due no later than thirty (33) days after entry of this Judgment. The third payment shall be due no later than sixty (63) days after entry of this Judgment.

  6. Defendant and its agents, servants, employees, affiliates, representatives, and subsidiaries, and all persons in active concert or participation with it who receive notice hereof, are hereby permanently enjoined during the unexpired term of the '915 patent from making, using, selling, offering for sale, and/or importing two-pin spring-clip male and/or female electrical connectors that infringe or contribute to the infringement of any claim of the '915 patent (hereinafter referred to as "Infringing Products"). Any W.S. Deans Co. product units purchased from Plaintiff W.S. Deans Co., or from a distributor of W.S. Deans Co. who provides such products to Dymond in the manner authorized by W.S. Deans Co., shall not fall within this injunction or within the definition of "Infringing Products."

  7. Defendant and its agents, servants, employees, affiliates, representatives, and subsidiaries, and all persons in active concert or participation with it who receive notice hereof, are hereby permanently enjoined from selling or offering for sale products with the trademarks "Deans" or "Ultra Plug," and are permanently enjoined from engaging in any marketing, advertising, or other commercial use of such trademarks, except solely in connection with W.S. Deans Co. products purchased from Plaintiff W.S. Deans Co. or from a distributor of W.S. Deans Co. who provides products to Dymond in the manner authorized by W.S. Deans Co. 8. This Court shall maintain jurisdiction over the parties to this action to enforce the terms of this Judgment for a period of two (2) years following entry of this Judgment. Such jurisdiction shall include the authority to grant appropriate discovery (such as document subpoenas and depositions) as requested by a party upon good cause shown.

  9. Defendant represents and warrants that it has sold, in the aggregate, no more than 11,000 units (each "unit" constituting a male-female pair) of Infringing Products. If this Court finds that Defendant has sold more Infringing Products after August 24, 1999 than are identified in this representation, as demonstrated by evidence discovered by Plaintiff(s) after August 24, 2005, or if this Court finds that Defendant has continued to infringe the '915 patent in violation of the foregoing injunction, then this Court shall order Defendant to pay to Plaintiff W.S. Deans Co. damages in the amount of $7.50 per additional infringing unit sold by Defendant.

  10. Plaintiffs represent and warrant that they have disclosed to Defendant all evidence currently known by or in the possession of Plaintiffs regarding sales and purchases of Infringing Products by Defendant.

  11. This Judgment By Consent constitutes a final judgment on all claims raised by the pleadings in this action.

  IT IS SO ORDERED.

20051004

© 1992-2005 VersusLaw Inc.



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