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Makita Corp. v. Kastar (U.S.A.) Inc.

United States District Court, C.D. California

April 20, 2017

MAKITA CORPORATION and MAKITA U.S.A., INC., Plaintiffs,
v.
KASTAR (U.S.A.) INC., Defendant.

          KNOBBE, MARTENS, OLSON & BEAR, LLP, Michael K. Friedland, Benjamin A. Katzenellenbogen Attorneys for Plaintiffs MAKITA U.S.A., INC. and MAKITA CORPORATION

          SNELL & WILMER L.L.P., Jason T. Yu Attorneys for Defendant K astar (U.S.A.) Inc.

          CONSENT JUDGMENT AND PERMANENT INJUNCTION

          Hon. S. James Otero United States District Judge.

         Plaintiff Makita U.S.A., Inc. and Makita Corporation (“Makita”) and Defendant Kastar (USA) Inc. (“Defendant”) consent and agree to the terms and conditions of this Consent Judgment and Permanent Injunction.

         THE PARTIES DO NOT DISPUTE THE FOLLOWING:

         1. The Court has personal jurisdiction over each of the parties to this action. The Court also has subject matter jurisdiction over this action pursuant to 35 U.S.C. §§ 271 and 281, 15 U.S.C. §§ 1116(a), 1121, and 28 U.S.C. §§ 1331 and 1338. Venue is proper in this Judicial District pursuant to 28 U.S.C. §§ 1391(b), 1391(d), and 1400(b).

         2. Plaintiff Makita U.S.A., Inc., is a corporation organized and existing under the laws of the State of California and having its principal place of business at 14930 Northam Drive, La Mirada, California 90638.

         3. Plaintiff Makita Corporation is a corporation organized and existing under the laws of Japan, having its principal place of business at 3-11-8, Sumiyoshi-cho, Anjo, Aichi 446-8502, Japan.

         4. Defendant Kastar (U.S.A.) Inc. is a company organized and existing under the laws of the State of California, having a place of business at 12981 Ramona Blvd., Units H&I, Baldwin Park, California 91706.

         5. Plaintiff Makita Corporation is the owner by assignment of all right, title, and interest in United States Design Patent No. D516, 504, titled “Battery Pack.” 6. Plaintiff Makita Corporation is the owner by assignment of all right, title, and interest in United States Patent No. 6, 350, 149, titled, “Structure of Electrical Terminals for Establishing Electrical Contact Between a Battery Pack and an Electrical Device.” 7. Defendant has sold, offered for sale, and/or imported into the United States batteries that infringe Makita's intellectual property rights, including United States Design Patent No. D516, 504, United States Patent No. 6, 350, 149, the BL1830 trademark, and the BL series of trademarks.

         8. Defendant has represented that its total revenue from all sales of infringing products was approximately $19, 500.00.

         NOW, THEREFORE, IT IS ORDERED, ADJUDGED, AND DECREED, AS FOLLOWS:

         A. Judgment is entered in favor of Makita and against Defendant that Defendant infringed United States Design Patent No. D516, 504 in violation of 35 U.S.C. § 271.

         B. Judgment is entered in favor of Makita and against Defendant that Defendant infringed United States Patent No. 6, 350, ...


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