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Roland Corp. v. Herbert

April 8, 2009

ROLAND CORPORATION, A JAPANESE CORPORATION PLAINTIFF,
v.
MITCH HERBERT, MITCH HERBERT D.B.A. UFODRUMS.COM, A NEW MEXICO BUSINESS, DEFENDANT.



The opinion of the court was delivered by: The Honorable Otis D. Wright II

ORDER RE STIPULATED CONSENT JUDGMENT AND PERMANENT INJUNCTION

Courtroom: 11 Action

Filed: Nov. 17, 2008

ORDER RE STIP. CONSENT JUDGMENT AND PERMANENT INJUNCTION CASE NO. CV08-7576 ODW (CTX)

By agreement and consent to the terms set forth herein by the parties hereto, Plaintiff Roland Corporation and Defendants Mitch Herbert, Mitch Herbert D.B.A. Ufodrums.com (individually or collectively "UFO")-and full settlement of all claims having been reached, this Court hereby, ORDERS, ADJUDGES AND DECREES THAT:

1. This Court has jurisdiction over the Parties and the subject matter of this action, and venue is proper in the Central District of California.

2. The parties so agreeing, Roland Corporation is the owner of the following federally granted patents:

a. United States Patent No. 6,121,538 (the "'538 patent") entitled Electronic Percussion Instrumental System and Percussion Detecting Apparatus Therein was duly and legally issued on September 19, 2000. Roland owns all right, title, and interest in the '538 patent. The '538 patent is valid, enforceable, and subsisting.

b. United States Patent No. 6,271,458 (the "'458 patent") entitled Electronic Percussion Instrumental system and Percussion Detecting Apparatus Therein was duly and legally issued on August 07, 2001. Roland owns all right, title, and interest in the '458 patent. The '458 patent is valid, enforceable, and subsisting.

c. United States Patent No. 6,756,535 (the "'535 patent") entitled Electronic Percussion Instrumental System and Percussion Detecting Apparatus Therein was duly and legally issued on June 29, 2004. Roland owns all right, title, and interest in the '535 patent. The '535 patent is valid, enforceable, and subsisting.

d. United States Patent No. 6,921,857 (the "'857 patent") entitled Electronic Percussion Instrumental System and Percussion Detecting Apparatus Therein was duly and legally issued on July 26, 2005. Roland owns all right, title, and interest in the '857 patent. The '857 patent is valid, enforceable, and subsisting.

e. United States Patent No. 7,385,135 (the "'135 patent") entitled Electronic Percussion Instrumental System and Percussion Detecting Apparatus Therein was duly and legally issued on June 10, 2008. Roland owns all right, title, and interest in the '135 patent. The '135 patent is valid, enforceable, and subsisting.

3. The '538, '458, '535, '857, and '135 patents are referred to herein collectively as ...


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