Free Judgment - District Court of Connecticut - Connecticut


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Date: May 5, 2004
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State: Connecticut
Category: District Court of Connecticut
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_ j Case 3:03-cv-00958-MRK Document 37 Filed 05/O4/2004 Page 1 of 3
UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT E E It l
CONAIR CORPORATION, : , i j ,_ i
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Plaintiff, : ;,., , V., , jl, { 3 I j j E ,2 j
v. N0. 3:03CV958 (MRI;}. ii HMI.: iii L: Li M
EURASIA CONCEPTS, INC.,
d/b/a BIO IONIC, INC., :
Defendant.
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FINAL JUDGMENT Q
AND NOW, thiségfday of April, 2004, with the consent of all parties, it is hereby
ORDERED and ADJUDGED as follows;
l. This Court has jurisdiction over the subject matter of this action and over the parties.
2. Conair Corporation (“Conair") is the owner of United States Patent 5,520,909 for
“Method of Permanently Restructuring Curled or Frizzy Hai1" (the “‘909 patent"),
which patent is valid and subsisting.
3. Eurasia Concepts, Inc, dfb/a Biolonic, Inc. ("BioIonic") has infringed Conair’s ‘909
patent by its manufacture, distribution, use, and sale in the United States of hair `
straightening products, including without limitation those known as the Bio Ionic
Professional Hair Care System, Bio Ionic Ion—Retexturizing System, Bio Ionic Hair 1
Straightening, and Bio Ionic Hair Retexturizing, and by providing services and
practicing methods in the United States that infringe ‘909 patent, all in violation of
35 United States Code section 27l(a).
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" ' Case 3:03-cv-00958-MRK Document 37 Filed 05/O4/2004 Page 2 of 3
4. Biolonic has further infringed the ‘909 patent by inducing others to infringe the
claims of the ‘909 patent, in violation of 35 United States Code section 27l(b).
5. Final judgment is hereby entered in favor of Conair on the single cause of action set
forth in its complaint filed May 30, 2003. i
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6. Biolonic, its directors, officers, agents, servants, employees, attorneys, and any and
all persons acting in concert or participation with any or all of them, are hereby
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permanently enjoined from manufacturing, distributing, marketing, or selling hair
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straightening products that infringe the ‘909 patent, including without limitation the I
products known as Bio Ionic Professional Hair Care System, Bio Ionic Ion-
Retexturizing System, Bio Ionic Hair Straightening, and Bio Ionic Hair Retexturizing. I
7. Biolonic, its directors, officers, agents, servants, employees, attorneys, and any and
all persons acting in concert or participation with any or all of them, are hereby
permanently enjoined from otherwise infringing, inducing infringement, or
contributorily infringing the ‘909 patent. A
8. All claims of defendant Biolonic in this action are hereby dismissed with prejudice.
9. Each party to this action shall bear its own costs, disbursements, and attorneys’ fees.
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Dated: April 2004 By: l
Anthony H. Handal (CT Fed.Bar# 03837)
"*- Kirkpatrick & Lockhart, LLP
599 Lexington Avenue
New York, New York 10022
(212) 536-3900 i
Attorneys for Plaintiff Conair Corporation 5

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° ' Case 3:03-cv-00958-MRK Document 37 Filed 05/O4/2004 Page 3 of 3 i
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Dated: Aprilgg, 2004 By: mxh ./ I
Brian T. Foley (BFCT06 ) ,
McGovern & Associates ;
One Lafayette Place ’
Greenwich, CT 06830 l
(203) 622-1101 I
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Attorneys for Defendant
Eurasia Concepts, Inc. d.b.a. ’
Bio Ionic, Inc. L
Dated: 2004 ‘ I A \ _ I
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MQ; Eravitz E I L 5 l
UNITED STATES DISTRICT GE
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