Opinion
Civil Action No. H-99-2380
July 12, 2002
ORDER AND PERMANENT INJUNCTION
WHEREAS, the plaintiff Compaq Computer Corporation has moved under Rule 56(b) of the Federal Rules of Civil Procedure for an order granting summary judgment that the defendants' computers literally infringe certain claims of Compaq patents;
WHEREAS, the defendants have moved under Rule 56(b) of the Federal Rules of Civil Procedure for an order granting summary judgment that the defendants' computers do not infringe certain claims of Compaq's patents and that certain claims of Compaq's patents are invalid or unenforceable;
WHEREAS, the Court has considered the submissions of the parties on their motions, and entered a Memorandum Opinion dated February 26, 2002;
IT IS HEREBY ORDERED that:
1. Plaintiff Compaq's Motion for Summary Judgment is GRANTED in part and DENIED in part, and Defendants' Motion For Summary Judgment is GRANTED in part and DENIED in part.
2. Each of the following computer models literally infringes Claim 1 of U.S. Patent No. 5,570,107:
eMonster 550R, 550 and 500a; eOne 433; eTower 500idx, 500i, 466id, 466i, 466ix, 466is, 433I, 400i3, 400idx, 400ix, 366i2, 400id, 400i2, 366is, 400i, 366id, 366i, 366c, 333cs, 333i, 333id, 333k, 333c, 300k, 300c, 300 and 266.
3. U.S. Patent No. 5,727,213
A. All of defendants' computer models sold under the eMachines brand name literally infringe Claim 1 of U.S. Patent No. 5,727,213 ("the `213 Patent"), including the following computer models:
eMonster 550R; 550, 500 and 500a; eOne 433; eTower 533iR, 533id, 500id, 500idx, 500i, 466id, 466i, 466ix, 466is, 433i, 400i3, 400idx, 400ix, 366i2, 400id, 400i2, 366is, 400i, 366id, 366i, 366c, 333cs, 333i, 333id, 333k, 333c, 300k, 300c, 300 and 266.
B. Claim 1 of the `213 Patent is not unenforceable.
4. Each of the following computer models literally infringes Claim 13 of U.S. Patent No. 4,574,279:
eMonster 550R, 550, 500 and 500a; eOne 433; eTower 533iR, 533id, 500id, 500idx, 500i, 466id, 466i, 466ix, 466is, 433i, 400i3, 400idx, 400ix, 366i2, 400id, 400i2, 366is, 400i, 366id, 366i, 366c, 333cs, 333i, 333id, 333k, 333c, 300k, 300c, 300 and 266.
5. U.S. Patent No. 5,381,530
A. Each of the following computer models literally infringes Claims 14 and 26 of U.S. Patent No. 5,381,530 (the `530 Patent"):
eMonster 550R, 550, 500a and 500, eOne 433, eTower 533iR, 533id, 500id, 500i, 500idx, 466id, 466i, 466ix, 466is, 433i, 400i3, 400idx, 400ix, 400id, 400i, 400i2, 366i2, 366is, 366i and 366id.
B. Permanent Injunction. The Court having found that the products identified in Paragraph 5A literally infringe the `530 Patent, and the defendants having no other defense to their infringement of the `530 Patent, it is hereby ORDERED, ADJUDGED AND DECREED that defendant eMachines, Inc., Trigem Computer, Inc., Trigem America Corporation and Korea Data Systems, any subsidiaries under the control of any of the defendants, their officers, agents, servants, employees and attorneys, and those persons in active concert or participation with them who receive actual notice of the order by personal service or otherwise are, until January 10, 2012, or until further order of the Court, enjoined from making, using, selling or offering for sale, within the United States, or importing into the United States the products identified in Paragraph 5A, or any products sold under the eMachines brand name that infringe claim 26 of the `530 Patent and that are no more than colorably different from those listed products. This permanent injunction is effective as of 5:00 p.m. Central Standard Time on July 12, 2002.
6. U.S. Patent No. 4,942,606
A. Each of the following computer models literally infringes Claim 14 of U.S. Patent No. 4,942,606 ("the `606 Patent"):
eTower 333id, 333i and 300.
B. Permanent Injunction. The Court having found that the products identified in Paragraph 6A literally infringe the `606 Patent, and the defendants having no other defense to their infringement of the `606 Patent, it is hereby ORDERED, ADJUDGED AND DECREED that defendants eMachines, Inc., Trigem Computer, Inc., Trigem America Corporation and Korea Data Systems, any subsidiaries under the control of any of the defendants, their officers, agents, servants, employees and attorneys, and those persons in active concert or participation with them who receive actual notice of the order by personal service or otherwise are, until February 7, 2009, or until further order of the Court, enjoined from making, using, selling or offering for sale, within the United States, or importing into the United States the products identified in Paragraph 6A, or any products sold under the eMachines brand name that infringe claim 14 of the `606 Patent and that are no more than colorably different from those listed products. See KSM Fastening Systems, Inc. v. H. A. Jones, Co., 776 F.2d 1522 (Fed. Cir. 1985). This permanent injunction is effective as of 5:00 p.m. Central Standard Time on July 12, 2002.
7. Each of the following computer models literally infringes Claims 1 and 7 of U.S. Patent No. 5,737,604:
eMonster 550R, 550, 500a and 500, eOne 433, eTower 500i, 500idx, 466ix, 466is, 466id, 466i, 433i, 400i3, 400idx, 400ix, 366i2, 400id, 400i2, 366i, 366is, 400i, 366id, 333id, 333i, 300, 533iR, 533id, 500id, 366c, 333cs, 333c, 30Cc, 266, 333k and 300k.
8. Each of the following computer models literally infringes Claim 4 of U.S. Patent No. 5,611,078:
eMonster 550R, 550, 500 and 500a; eOne 433; eTower 533iR, 533id, 500id, 500idx, 500i, 466id, 466i, 466ix, 466is, 433i, 400i3, 400idx, 400ix, 366i2, 400id, 400i2, 366is, 400i, 366id, 366i, 366c, 333cs, 333i, 333id, 333k, 333c, 300k, 300c, 300 and 266.
9. Each of the following computer models literally infringes Claim 1 of U.S. Patent No. 5,737,604:
eMonster 550R, 550, 500 and 500a; eOne 433; eTower 533iR, 533id, 500id, 500idx, 500i, 466id, 466i, 466ix, 466is, 433i, 400i3, 400idx, 400ix, 366i2, 400id, 400i2, 366is, 400i, 366id, 366i, 366c, 333cs, 333i, 333id, 333k, 333c, 300k, 300c, 300 and 266.
10. Each of the following computer models literally infringes Claims 13 and 44 of U.S. Patent No. 5,774,680:
eTower 366c, 333cs, 333k, 333c, 300k, 300c and 266.
11. Claim 1 of U.S. Patent No. 5,539,917 is not infringed.
12. Claims 1 and 13 of U.S. Patent No. 5,892,976 are not infringed.
13. Claim 34 of U.S. Patent No. 5,724,226 is not infringed.
14. Claims 1 and 8 of U.S. Patent No. 5,506,997 are not infringed.
15. In all other respects, the parties' respective motions for summary judgment are DENIED.