Opinion
Case No. SACV15-01591 JLS (DFMx)
03-10-2016
SKITS, LLC, a California limited liability company, Plaintiff, v. LTD COMMODITIES LLC, a Delaware limited liability company; ACI, INC., a Delaware corporation; DOES 1-10, Defendants.
Ctrm.10A
FINAL JUDGMENT
Based on the stipulation of the parties, the Court enters its Final Judgment in this action as follows:
1. Plaintiff Skits, LLC ("Skits") and defendants LTD Commodities LLC ("LTD") and ACI, Inc. ("ACI") have entered into a settlement agreement (the "Settlement Agreement") resolving the claims and defenses in this action. The Court retains jurisdiction over the subject matter of the action and over the parties to the action for purposes of summary enforcement of the Settlement Agreement.
2. Skits alleges that LTD's "Smart Tech Organizer Case" products (the "Accused Products") infringe United States Design Patent No. D739,655 ("the '655 patent") and that LTD also violated certain of Skits' common-law trademark rights. Skits also alleges that ACI sold the Accused Products to LTD. The '655 patent is valid and infringed by the Accused Products.
3. LTD, ACI, their respective officers, agents, servants, employees, and attorneys, or anyone else in active concert or participation with any of those persons or entities, are hereby enjoined and prohibited from making, using, selling, offering for sale in, or importing into, the United States during the remaining term of the '655 patent Accused Products or any other product that embodies the design disclosed in the '655 patent or any colorable imitation of that design. Dated: March 10, 2016
/s/_________
The Hon. Josephine L. Staton
United States District Judge