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Grundfos Pumps Pumps Manufacturing Corp. v. Laing Thermotech

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA


October 26, 2007

GRUNDFOS PUMPS PUMPS MANUFACTURING CORP., PLAINTIFF,
v.
LAING THERMOTECH, INC., DEFENDANT.

The opinion of the court was delivered by: Hon. Jeffrey S. White

STIPULATION AND [PROPOSED] ORDER (1) ENTERING PRELIMINARY INJUNCTION and (2) NINETY DAY STAY STIPULATION AND [PROPOSED] ORDER (1) ENTERING PRELIMINARY INJUNCTION AND (2) NINETY DAY STAY

("GRUNDFOS"), and defendant, Laing Thermotech, Inc. ("LAING"), jointly submit 4 this stipulation requesting an Order from this Court (1) entering a preliminary 5 injunction and (2) staying this litigation for ninety (90) days while the parties pursue 6 efforts to settle this matter.

Pursuant to Northern District Civil Local Rules 7-1(a)(5) and 7-12, as well as Fed.R.Civ.P. 65, Plaintiff, Grundfos Pumps Manufacturing Corporation

BACKGROUND

This is a patent infringement action commenced on August 6, 2007 by GRUNDFOS against defendant LAING involving two patents. The patents-in-suit 10 relate generally to water control valves and pumps for use in home or industrial water 11 distribution systems that supply water to various fixtures at different temperatures 12 through different pipe systems. More specifically, the patented technology relates to 13 such water control valves that are adaptable for use with a pump and bypass valve so 14 as to bypass cold or tepid water away from the associated fixture until it reaches the 15 desired temperature.

LAING manufactures, uses, sells, and offers for sale in the United States its AUTOCIRC2 SYSTEM which incorporates a water pump and bypass valve 18 combination, and provides installation and operating instructions to purchasers of that 19 system. GRUNDFOS alleges that the LAING AUTOCIRC2 SYSTEM infringes the 20 patents in suit. has replied to the LAING counterclaim. their dispute and settling this matter.

LAING has answered the complaint and served a counterclaim.

GRUNDFOS GRUNDFOS and LAING are presently exploring various options for resolving PRELIMINARY INJUNCTION AND (2) NINETY DAY STAY Statement" (filed August 10, 2007 (Doc. 8)), the parties are currently obligated to: later than November 9, 2007; and Pursuant to Fed.R.Civ.P. 26(f) and this Court's "Order Setting Case Management Conference and Requiring Joint Case Management Conference (1) Conduct a Rule 26(f) Conference no later than October 25, 2007; (2) Submit a Joint Case Management Conference Statement to the Court no (3) Appear before the Court for the Initial Case Management Conference on November 16, 2007 at 1:30 pm. respective attorneys of record that:

STIPULATION REGARDING PRELIMINARY INJUNCTION

IT IS HEREBY STIPULATED, by and between the parties, and through their (1) this Court shall issue a preliminary injunction ordering that defendant LAING along with its directors, officers, employees, successors, and assigns, are restrained, enjoined and prohibited from further manufacturing, importing, using, selling, and/or offering for sale the AUTOCIRC2 water pump and bypass valve system in the United States, however LAING's wholesalers, distributors, resellers, and other entities in the distribution chain are allowed to resell and otherwise dispose of the AUTOCIRC2 products which had already left LAING's possession prior to the effective date of this preliminary injunction; following the date of the order entered by this Court; unless otherwise dissolved by written agreement of the parties or further judicial order; and (2) the preliminary injunction shall be effective seven (7) calendar days (3) the preliminary injunction shall remain in effect for the duration of this case, (4) the parties further agree that security as specified by Fed.R.Civ.P. 65(c) is not necessary nor required for the issuance of the stipulated preliminary injunction order.

STIPULATION REGARDING NINETY DAY STAY

IT IS HEREBY STIPULATED, by and between the parties, and through their respective attorneys of record that:

(1) subject to approval by this Court, this litigation should be stayed for the next ninety (90) days while the parties pursue further settlement discussions; and (2) GRUNDFOS shall have the right to request that this stay be lifted immediately should LAING violate the Court's preliminary injunction order.

[PROPOSED] ORDER

Pursuant to Stipulation and Fed.R.Civ.P. 65, (1) defendant LAING along with its directors, officers, employees, successors, and assigns, are preliminarily restrained, enjoined and prohibited from further manufacturing, importing, using, selling, and/or offering for sale the AUTOCIRC2 water pump and bypass valve system in the United States, however LAING's wholesalers, distributors, resellers, and other entities in the distribution chain are allowed to resell and otherwise dispose of the AUTOCIRC2 products which had already left LAING's possession prior to the effective date of this preliminary 9 injunction; (2) the preliminary injunction shall be effective seven (7) calendar days following the date of this order; (3) the preliminary injunction shall remain in effect for the duration of this case, unless otherwise dissolved by written agreement of the parties or further judicial order; (4) security as specified by Fed.R.Civ.P. 65(c) is not necessary nor required for the issuance of the stipulated preliminary injunction order; (5) this litigation is stayed for ninety (90) days following the date of this order while the parties pursue further settlement discussions; and (6) GRUNDFOS shall have the right to request that this stay be lifted immediately should LAING violate the Court's preliminary injunction order.

IT IS SO ORDERED,

JEFFERY S. WHITE UNITED STATES DISTRICT JUDGE

(7) Unless the Court receives a stipulation of dismissal beforehand, the parties shall file a joint status report ninety (90) days from entry of this Order informing the Court of the status of the matter.

20071026

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