Free Permanent Injunction - District Court of Delaware - Delaware


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Date: April 25, 2008
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State: Delaware
Category: District Court of Delaware
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Case 1 :O7—cv-00654-GIVIS-LPS Document 14 Filed O4/25/2008 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
----- - --------- ·· —----- -- -—---- -- ----- --—·-- ----- — -----— X
CNS, INC., dfbfa GLAXOSMITHKLINE Civil Action No. 07-cv-654 (GMS)
and CREATIVE INTEGRATION &
DESIGN, INC., Q
Hon. Gregory M. Sleet, U.S.D.J.
Plaintiffs, {
ORDER FOR DISMISSAL
v. Q AND PERMANENT INJUNCTION
ASO LLC,
Defendant.
--—- -- ----- -— ----- --·- -------------- -—--· ----- -- ----- —--—--X
Plaintiffs CNS, Inc., dfbfa GlaxoSmithKline ("CNS”) and Creative Integration & Design,
lne. ( “ClD"), having commenced this action by filing their Complant on October 18, 20*07,
against Defendant ASO LLC ("ASO"), and ASO having stipulated and consented to the entry of
this Dismissal and Permanent injunction, to be binding on ASO, its officers, agents, employees,
and other persons acting in concert with ASO who receive notice hereof:
NOW, THEREFORE, upon the consent of the parties,
IT IS ORDERED, ADJUDGED and DECREED that final judgment in favor of CNS and
CID, and against ASO, be entered as follows:
1. This Court hasjurisdietion ofthe subject matter of all counts of this action and
over all the parties hereto.
2. The parties have entered into a conlidential Settlement Agreement wherein ASO,
without making any admission of the validity or infringement of the patent in suit, has agreed
that it will not, after April I5, 2008, sell, offer for sale, import, manufacture, ship, order or
purchase any Disputed Nasal Strips, samples of which are attached as Exhibit A to the
confidential Settlement Agreement.
F I L E D
u.s.
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Case 1:O7—cv-00654-GIVIS-LPS Document 14 Filed O4/25/2008 Page 2 of 2
3. ASO and its officers, agents, employees, and anyonc acting in concert or
participation with ASO who receive actual notice hereof, are hereby enjoined and restrained
from the sale, offer for sale, manufacture, use, distribution or importation within the United
States or its territories in any manner, ASO’s Disputed Nasal Strips, samples of which are
attached as Exhibit A to the confidential Settlement Agreement until such time as all rights
conferred by the Subject Patent have expired, This injunction does not apply to sales of
Approved Nasal Strips, samples of which are attached as Exhibit B to the conliderttial Settlement
Agreement, by ASO to distributors and customers on or after April 15, 2008, or to such
distributors and customers` distribution, resale or use of ASO’s Ap proved Nasal Strips sold by
ASO on or after April 15, 2008.
4. The Court shall retain jurisdiction to construe, enforce, or implement this
Dismissal and Permanent Inj unction and the Settlement Agreement between CNS and ASO upon
the application of any party.
5. In all other respects, the claims asserted against ASO are dismissed with prejudice
as to ASO. The parties shall bear their own costs and attorneys’ fees associated with the present
action.
Â¥ IT IS SO ORDERED. ! g} / _
Dated: Nwtwrt ELS '}·@9`{ . 434 . J ‘
Ho able regory M. S eet U
Uni ed States District Jud e
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