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ACCO Brands USA LLC v. Ashley Collection

March 10, 2010

ACCO BRANDS USA LLC, PLAINTIFF,
v.
THE ASHLEY COLLECTION, INC. DBA PROTOCOL, DEFENDANT.



The opinion of the court was delivered by: Hon. S. James Otero

AGREED CONSENT JUDGMENT ORDER AGAINST THE ASHLEY COLLECTION, INC.

THIS MATTER COMING ON TO BE HEARD upon the Complaint of Plaintiff ACCO Brands USA, LLC ("ACCO") against the Defendant The Ashley Collection, Inc. ("Ashley") (each a "Party"), and the Stipulation of the Parties hereto, The Court being fully advised in the premises, HEREBY FINDS BASED ON THE STIPULATION OF THE PARTIES, AND IT IS HEREBY ORDERED, ADJUDGED, AND DECREED THAT:

1. Plaintiff ACCO is a limited liability company organized under the laws of the State of Delaware, and having a principal place of business at 300 Tower Parkway, Lincolnshire, Illinois 60069.

2. Defendant Ashley is organized under the laws of the State of New York, and has a principal place of business at 600 West 57th Street, 2nd Floor, New York, NY 10019.

3. This is a civil action for patent infringement arising under the United States Patent Statutes, 35 U.S.C. § 1 et. seq.

4. This Court has jurisdiction over the subject matter of this action under 28 U.S.C. §§ 1331 and 1338(a).

5. Ashley consents to this Court's personal jurisdiction.

6. Venue is proper in this District under 28 U.S.C. §§ 1391(b)-(c) and 1400(b).

7. ACCO is the assignee and owner of United States Patent No. 7,100,403 ("the '403 Patent"), entitled "Computer Physical Security Device," to Murray, Jr., et al.

8. ACCO is the assignee and owner of United States Patent No. 7,121,125 ("the '125 Patent"), entitled "Computer Physical Security Device," to Murray, Jr., et al.

9. ACCO is the assignee and owner of United States Patent No. 5,562,989 ("the '989 Patent"), entitled "Computer Physical Security Device," to Murray, Jr., et al.

10. ACCO is the assignee and owner of United States Patent No. 6,006,557 ("the '557 Patent"), entitled "Computer Physical Security Device," to Murray, Jr., et al.

11. ACCO's '403 and '125 Patents are valid and enforceable.

12. Ashley has directly and contributorily infringed, and induced others to infringe, one or more claims of the '403, '125, '989 and '557 Patents, by making, using, offering to sell, and/or selling ...


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