Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Synthes Usa, LLC, A Delaware Limited Liability Company and Synthes Usa v. Syntec Scientific (Usa) Corporation

July 6, 2012

SYNTHES USA, LLC, A DELAWARE LIMITED LIABILITY COMPANY AND SYNTHES USA SALES, LLC, A DELAWARE LIMITED LIABILITY COMPANY, PLAINTIFFS,
v.
SYNTEC SCIENTIFIC (USA) CORPORATION, A CALIFORNIA CORPORATION, WHITTEMORE ENTERPRISES, INC., A CALIFORNIA CORPORATION, AND SYNTEC SCIENTIFIC CORPORATION, A TAIWAN CORPORATION, DEFENDANTS.



The opinion of the court was delivered by: Dolly M. Gee United States District Judge

CONSENT JUDGMENT, PERMANENT INJUNCTION AND DISMISSAL AGAINST WHITTEMORE ENTERPRISES, INC. [89]

WHEREAS Plaintiffs Synthes USA, LLC and Synthes USA Sales, LLC (collectively hereinafter "Synthes") and Defendant Whittemore Enterprises, Inc. ("Whittemore") have agreed to settle the matters in issue between them, in accordance with a Confidential Settlement Agreement with an effective date of June 25, 2012, and to entry of this Consent Judgment, Permanent Injunction and Dismissal,

IT IS HEREBY ORDERED, ADJUDGED, AND DECREED THAT:

1. The Court has jurisdiction over Synthes and Whittemore and the subject matter of this action. Venue of this action properly lies in this district.

2. Synthes filed this action against Whittemore alleging, inter alia, that:

a. Whittemore has infringed, contributed to or induced the infringement of the Synthes Patents including by, but not limited to, using, selling, offering for sale, and/or importing Orthopedic Products into the United States, which products were manufactured by Syntec Scientific;

b. Whittemore has infringed Synthes Registered Trademarks and has otherwise violated the Lanham Act and engaged in acts of unfair competition under the laws of the United States and the laws of California including by, but not limited to, distributing, marketing, advertising, promoting, offering for sale and/or selling Orthopedic Products, which products were manufactured by Syntec Scientific; and

c. Synthes has been damaged and otherwise suffered irreparable harm from Whittemore's infringement of the Synthes Patents and the Synthes Registered Trademarks, and there has been confusion in the marketplace regarding both the source and authenticity of Orthopedic Products made and sold by Synthes and Syntec Scientific, and Whittemore has wrongly profited from its actions.

3. Whittemore filed an answer and affirmative defenses in the California Litigation, in which it denied the allegations in the complaint filed by Synthes, denied all liability to Synthes, and asserted numerous defenses.

4. Whittemore agrees that the following patents are valid, enforceable and the exclusive property of Synthes:

a. United States Patent No. 7,354,441;

b. United States Patent No. 6,719,759; and

c. United States Patent No. 5,709,686.

These three patents are collectively referred to hereinafter as the ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.