Opinion
Case No.: 2:12-cv-0053-GMN-RJJ
05-02-2012
AEVOE CORP., Plaintiff, v. AE TECH CO., LTD., et al., Defendants.
ORDER
On January 24, 2012, this Court issued a preliminary injunction enjoining Defendant AE Tech Co. Ltd ("AE Tech") its agents, servants, employees, confederates, attorneys, and any persons acting in concert or participation with them, or having knowledge of the order by personal service or otherwise be, from practicing, making, manufacturing, importing, offering for sale, selling, and/or otherwise using U.S. Patent No. 8,044,942, or any reproduction, counterfeit, copy, or colorable imitation of the same. (See PI Order, ECF No. 16.) The Court subsequently granted in part and denied in part AE Tech's Motion to Reconsider the Preliminary Injunction Order on March 7, 2012. (See Reconsideration Order, ECF No. 43.) The Court amended the preliminary injunction at that time to remove the language "practicing . . . or any reproduction, counterfeit, copy, or colorable imitation of the same." Plaintiff, Aevoe Corp., filed an amended complaint on March 14, 2012 adding GreatShield, Inc. and S&F Corporation as defendants. (See FAC, ECF No. 44). Following its amended complaint, Plaintiff filed a Motion for Order to Show Cause why Defendants Should Not Be Held in Contempt for Violating the Preliminary Injunction. (See Motion for OSC, ECF No. 49.)
Based on the arguments from the April 30, 2012 hearing, and the briefings of the parties, as well as the Court's previous findings pertaining to the preliminary injunction in place in this case, the Court hereby amends the preliminary injunction.
PRELIMINARY INJUNCTION
IT IS HEREBY ORDERED that AE Tech Co., Ltd., GreatShield, Inc., S&F Corporation, their agents, servants, employees, confederates, attorneys, and any persons acting in concert or participation with them, or having knowledge of this Order by personal service or otherwise be, and hereby are, preliminarily enjoined from practicing, making, manufacturing, importing, offering for sale, selling, and/or otherwise using U.S. Patent No. 8,044,942, or a colorable imitation of the same, and from transferring, moving, returning, destroying, or otherwise disposing of any Infringing Goods, including, but not limited to, ACase APlus Shield Anti-Glare products, original and redesigned, and the GreatShield EZseal Plus 100% Bubble Free Screen Protector, pending a trial on the merits.
Defendants are hereby given further notice that they shall be deemed to have actual notice of the issuance and terms of this Preliminary Injunction and that any act by it in violation of any of the terms hereof may be considered and prosecuted as contempt of this Court.
DATED this 2nd day of May, 2012.
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Gloria M. Navarro
United States District Judge