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Cassandra

06/26/13 7:34 PM

#82069 RE: Cassandra #82068

Most of the language about the injunction came from the original complaint with some changes and additions by the author of what appears the be a settlement agreement which formed the basis of the motion for a consent judgment.

From the Apple complaint which is most likely boiler plate for all of the cases:

PRAYER FOR RELIEF

WHEREFORE, Plaintiff prays for relief and judgment as follows:

1. That Defendant be declared to have infringed the Patents-in-Suit;

2. That Defendant’s infringement of the Patents-in-Suit has been deliberate and willful;

3. Preliminarily and permanently enjoining the Defendant’s officers, agents, servants, employees, and attorneys, and those persons in active concert or participation with them, from infringement of the Patents-in-Suit, including but not limited to any making, using, offering for sale, selling, or importing of unlicensed infringing products within and without the United States;

4. Compensation for all damages caused by Defendant’s infringement of the Patents-in-Suit to be determined at trial;

5. Enhancing Plaintiff’s damages up to three (3) times their amount pursuant to 35 U.S.C. § 284;

6. Granting Plaintiff pre-and post-judgment interest on its damages, together with all costs and expenses; and,

7. Awarding such other relief as this Court may deem just and proper

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From the apparent settlement agreement (the parts in bold are the changes):

Permanent Injunction shall issue against Grundig and Smoltz, enjoining each of them as well as their officers , agents , servants , employees , US distributors , attorneys and those in acting concert with them permanently from making , using or selling the accused products , and any derivation thereof which infringe any claim of the Asserted patents in the United States , until individually, each of the patent expires .The parties acknowledge that Grundig still manufacture and distribute analog voice recorder (Non – Accused Products).

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Cassandra

06/26/13 10:07 PM

#82073 RE: Cassandra #82068

Interesting... the Grundig Docket history available here, shows that there were three separate Motions to Approve Consent Judgment. The first two were not granted. The third, which was filed on 6/25/13 was granted the same day. It sure would be interesting to see what was going on and to read the the final consent judgment (Docket #24) which is 11 pages long.

5/29/2013 17 Main 3 Motion to Approve Consent Judgment
5/29/2013 1 3 Memorandum of Points and Authorities
5/29/2013 2 3 Declaration of Pamela C. Chalk
5/29/2013 3 13 Exhibit Exhibit A to Declaration of Pamela C. Chalk
5/30/2013 18 Main 6 Order Following Case Management Conference
5/30/2013 19 Main 2 Order on Motion to Approve Consent Judgment
6/4/2013 20 Main 7 Order
6/11/2013 21 Main 3 Motion to Approve Consent Judgment
6/11/2013 1 5 Memo of Points and Authorities Memorandum of Points and Authorities
6/11/2013 2 3 Declaration of Pamela C. Chalk
6/11/2013 3 13 Exhibit A to Declaration of Pamela C. Chalk
6/25/2013 22 Main 8 Order
6/25/2013 23 Main 2 Order on Motion to Approve Consent Judgment
6/25/2013 24 Main 11 Consent Judgment


Entire docket history for this and the other EDIG lawsuits available at:
http://www.rfcexpress.com/lawsuits/patent-lawsuits/california-southern-district-court/123815/e-digital-corporation-v-grundig-intermedia-gmbh-et-al/official-court-documents/

You might have to hit the button to update the list, which takes only a couple of minutes.
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Cassandra

06/27/13 2:11 PM

#82081 RE: Cassandra #82068

FINAL STIPULATION AND CONSENT JUDGMENT TO PERMANENT INJUNCTION

This is the final Grundig proposed consent judgment approved by the judge: https://www.box.com/files/0/f/975849015/1/f_8908563225

It was the third proposed consent judgment, the first two of which were not approved because there were erroneous company names and there were no signatures: http://investorshub.advfn.com/boards/read_msg.aspx?message_id=89414984

I have not idea where the text previously posted here came from as I don't see it in the files I viewed on PACER. http://investorshub.advfn.com/boards/read_msg.aspx?message_id=89349062

What is the source of that text DISCHINO?