The opinion of the court was delivered by: Hon. Stephen V. Wilson United States District Judge
FINAL JUDGMENT AND PERMANENT INJUNCTION
On July 25, 2007, Plaintiffs Koninklijke Philips Electronics N.V. and U.S. Philips Corporation (collectively, "Philips") filed a complaint against defendants Power Media CD Tek, Inc. and Woo Lee (collectively, "Defendants") seeking damages and injunctive relief. On August 24, 2007, Defendants answered Philips' complaint.
On November 20, 2007, Philips filed a motion for summary judgment on its claims for breach of contract and for infringement of U.S. Patents Nos. 5,790,512 and 5,745,641 (collectively, the "Patents-in-Suit") and for a permanent injunction. Philips sought a finding of liability against Defendants on its contract and patent infringement claims and an order permanently enjoining Defendants from infringing Philips' patents.
On March 18, 2009, having fully considered the evidence and all papers filed in support of and in opposition to Philips' motion, and for the reasons stated in the Court's Order issued that same day, the Court granted summary judgment in Philips' favor. In so doing, the Court found that Defendants breached their licensing agreements with Philips and that following Philips' valid termination of those agreements, Defendants infringed the Patents-in-Suit.
On review of the record, the Court also finds that: (i) Philips has succeeded on the merits of its patent infringement claims against Defendants for infringement of the "Patents-in-Suit"; (ii) Philips has made the requisite showing of irreparable harm without this Court's intervention; (iii) the balance of hardships tips in favor of Philips; and (iv) no public interest would be harmed by the grant of an injunction.
Now, therefore, the Court ORDERS that: 1. Judgment shall be entered in favor of Philips and against Defendants on Philips' causes of action for patent infringement and breach of contract. Philips does not seek, and the Court does not grant, monetary judgment against Defendants;
2. Defendant Power Media CD Tek, Inc., its former and current officers (including defendant Woo Lee), agents, servants, employees, attorneys, or any other persons or entities acting in concert or participation with any of them are RESTRAINED AND PERMANENTLY ENJOINED from:
(a) making, replicating, selling, offering for sale, importing, advertising, promoting, marketing, or otherwise disposing of DVDs, or discs no more than colorably different therefrom, during the respective terms of any of the relevant patents associated with the Disc License Programs that are essential to the manufacture and sale of DVDs as now or hereafter identified on the Philips website at www.ip.philips.com (the "Essential Patents");
(b) inducing or contributing to another's making, replicating, selling, offering for sale, importing, advertising, promoting, marketing, or otherwise disposing of DVDs, or discs no more than colorably different therefrom, during the respective terms of any of the Essential Patents; or
(c) effecting assignments or transfers, forming new entities or associations, or utilizing any other device for the purpose of circumventing or otherwise avoiding the prohibitions set forth in subparagraphs (a)-(b), above.
This permanent injunction is effective immediately on all persons who have actual knowledge of this Order; and
3. This Court shall retain jurisdiction to enforce the terms of this permanent injunction and all other provisions of this judgment.