The parties have now agreed to a final consent judgment and permanent injunction, agreeing that all the claims of the ‘422 patent, ‘749 patent and ‘116 patent are valid and enforceable following the complaint by Epson.
The complaint, filed by Epson, in September 2020 against defendants Audoormatics USA, Inc, Lee’s Collection, Inc, Sher Li, Ivy Chen, and Ri Hua Li, in the United States District Court Central District of California, Western Division.
In the Epson complaint they alleged the defendants infringed Epson’s US Patents No. 6,955,422 (“the ‘422 patent”), No. 8,454,116 (“the ‘116 patent”), and Patent No. 8,794,749 (“the ‘749 patent”). Claiming that the “defendants in this case are willful infringers of Epson’s patents, including the ‘422, ‘749, and ‘116 patents, and violators of the ITC’s general exclusion orders.”
The judgment stipulates that defendants and any related party “are hereby permanently enjoined from the sale of the Accused Products and any products not colourably different therefrom.”
The judgement added: “Defendants and their officers and directors, agents, servants, employees, attorneys, distributors, and affiliates, who are in active concert or participation with, through, or under them and who receive actual notice of this Judgment by personal service or otherwise, are also hereby permanently enjoined from any other acts that directly or indirectly infringe any claim of the Epson Patents, and from causing, inducing or contributing to the infringement of the Epson Patents by others.”
The right to appeal from this Consent Judgment has expressively been waived by the parties.
