Opinion
Civil Action No. 1:03CV00062 TC
June 1, 2004
BRENT P. LORIMER, LARRY R. LAYCOCK, DAVID R. WRIGHT, WORKMAN, NYDEGGER, Salt Lake City, UT, for Plaintiff LIFETIME PRODUCTS, INC.
Edward D. Manzo, COOK, ALEX, McFARRON, MANZO, CUMMINGS MEHLER, LTD., Chicago, IL, for Defendant
ORDER CONVERTING PRELIMINARY INJUNCTIONS, ENTERING JUDGMENT AND DISMISSING ACTION
Pursuant to stipulation of the parties, and good cause appearing therefor,
THE COURT FINDS:
1. That the Enduro 1 products preliminarily enjoined by the Court pursuant to the Amended Order Granting Lifetime Products, Inc.'s Motion for Preliminary Injunction entered by the Court on September 10, 2003 fall within the scope of United States Patent No. D470, 352 (the "`352 Patent"); and
2. That the Enduro 2 products preliminarily enjoined by the Court pursuant to the Order Granting Lifetime's Motion for Preliminary Injunction Against GSC "Enduro 2" Personal Table entered by the Court on December 8, 2003 fall within the scope of the `352 Patent; and
3. That defendant GSC Technology Corporation ("GSC") has not met its burden of proof with respect to the invalidity of any of the patents in suit; and
4. That the GSC product, instruction and warning labels that are subject to the Amended Order Granting Lifetime Products, Inc.'s Motion for Preliminary Injunction entered by the Court on September 10, 2003 infringe valid copyrights held by plaintiff Lifetime Products, Inc. ("Lifetime") and assigned Registration Nos. VA 1-170-064 and VA 1-170-065.
IT IS HEREBY ORDERED:
5. That the cash bonds tendered by Lifetime on September 5, 2003 and October 22, 2003 shall be returned to Lifetime, together with any increase thereon realized through the investment thereof, less the amount customarily retained by the clerk's office as an administrative fee; and
6. That the injunctions preliminarily issued by this Court pursuant to its orders dated September 10, 2003 and December 8, 2003 are made permanent; and
7. That judgment is entered that GSC has infringed the `352 Patent through the unauthorized importation, sale, and offer for sale of the "Enduro 1" and "Enduro 2" products enjoined by the aforementioned preliminary injunction orders of September 10, 2003 and December 8, 2003, which products fall within the scope of the `352 Patent; and
8. That judgment is entered in favor of Lifetime with respect to its claims for infringement of copyrights evidenced by Certificate of Registration Nos. VA 1-170-064 and VA 1-170-065, by the labels that are subject to the Amended Order Granting Lifetime Products, Inc.'s Motion for Preliminary Injunction entered by the Court on September 10, 2003; and
9. That all other claims and counterclaims pending in this action are dismissed, with prejudice; and
10. That the parties shall each bear their own costs and attorneys fees.