Free Consent Judgment - District Court of Delaware - Delaware

Case 1 :06-cv-00417-GIVIS Document 60 Filed 09/19/2007 Page 1 of 2
EXHIBIT C
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
COLGATE-PALMOLIVE COMPANY, )
Plaintiff} g
v_ g Civil Action No. 06-4l7-GMS
tumtrt, L.L.C. J
Defendant. g
- CONSENT JUDGMENT
l This matter is before the Court on the stipulation of Plaintiff Colgate-Palmolive
Company (“Colgate") and Defendant Ranir, L.L.C. ("Ranir") for entry of a Consent
Judgment and Permanent Injunctiou. Colgate and Ranir having agreed to a compromise
and settlement of this action and having entered into a Settlement Agreement,
IT IS HEREBY ORDERED WITH CONSENT OF TI·IE PARTIES:
l. The Count has jurisdiction over this action pursuant to 28 U.S.C. § 1338(tt)
and venue is proper pursuant to 28 U.S.C. § l400(b).
2. Colgate is the owner of all right, title, and interest in and to United States .
Patent No. 7,047,591 and United States Design Patent Nos.DSl3,882; D5l4,812;
D5l6,8l8; D5 l6,8l9; D5l7,8l2; D5l7,8l3; and DS20,7S3 (the "Patents"). ln any
proceeding brought by Colgate asserting a violation of this Consent Judgment, Ranir will
not contend that any of the Patents are invalid or tmenforeeable. 4
3. Colgate and Ranir have entered into a Settlement Agreement dated
l—\u g u s t 31 , 2 007 (the "Settlement Agreement"). _

Case 1 :06-cv-00417-GIVIS Document 60 Filed 09/19/2007 Page 2 of 2
EXHIBIT C
4. Ranir, its otlioers, directors, agents, afliliates, employees, aoecessors and
anignsnndmymdsuodmpemonalnacdveeoncmorpardeipatlonorprivltywith
thorn or any ofthem who receive actual notice of this iniunotion by personal service ur
otherwise are hereby permanently enjoined and prohibited from making, using, selling,
otl`ering for sale, or importing into the United States the toothbrush depicted in Exhibit 1
attached hereto or any toothbrush having s design that is only colorably different from thc
toothbrush depicted in Exhibit 1, and are also enjoined and prohibited from inducing
ot.l1erstomake,use, se1l,oroft`erto sellsuchtoothbrushesortocausesrtehtoothhrushes
to be imported into the United States for the life ofthe Patents, except as otherwise
provided for ln the Settlement Agreement.
5. This Court shall retalnjurlsdietionoverthepanies for the purposeof
enforcing the terms of this Consent Judgment and Permanent Injunction.
6. lf the Court determines that Ranir has violated any terms of this Consent
Judgment and Permanent injunction, Rantr shall pay all of Colgate’s reasonable
attorneys’ fees and costs incurred in enforcing the Cons ··· t Judgment and Permanent
Injunctlon.
T. This Order represents a final adjudication of this action. . This Order is
intended to bc final and shall bind the parties and their affiliates and successors.
8. Each party shall hear its own costs and sttorneyr fees.
DATED: ;#'i`!‘t,*-***7 gt- A Q _
, UNITED ATES DISTRICT JUDGE
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