Free Order - District Court of Colorado - Colorado

Case 1:02-cv-01125-LTB-OES

Document 195-2

Filed 11/03/2005

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

DAVID L. HILDEBRAND, Plaintiff, vs. STECK MANUFACTURING COMPANY, INC., CORNWELL QUALITY TOOLS COMPANY, MAC TOOLS, MATCO TOOLS, SNAP-ON TOOLS COMPANY, TOOLS UNITED STATES ATTORNEY EQUIPMENT COMPANY, Defendants. Case No. 02-cv-01125-ABJ -OES

PROPOSED PERMANENT INJUNCTION

The above-captioned matter came for jury trial before this Court, Honorable Alan B. Johnson, United States District Judge, presiding. A duly empaneled and sworn jury rendered a unanimous verdict in favor of the Plaintiff, David L. Hildebrand, and awarded $74,863 in lost profit damages. Now before the Court is the matter of a remedy in equity. For the following reasons, and pursuant to 35 U.S.C. § 283, the Court FINDS and ORDERS as follows: 1. 2. The remedy at law in this matter is inadequate. The Plaintiff, David L. Hildebrand, will suffer irreparable harm if injunctive relief is denied, as Defendants' infringement will continue.

Case 1:02-cv-01125-LTB-OES

Document 195-2

Filed 11/03/2005

Page 2 of 2

3.

The issuance of an injunction will not harm Defendants Steck Manufacturing Company, Cornwell Quality Tools Company, Mac Tools, Matco Tools, Snap-On Tools Company, and Tools UNITED STATES ATTORNEY Equipment Company more than it will aid Mr. Hildebrand. Granting permanent injunctive relief is in the public interest, as it fosters the core constitutional value embodied in Article I, § 8, cl. 8 of the Constitution.

4.

Accordingly, for the foregoing reasons, it is hereby ORDERED that the Defendants Steck Manufacturing Company, Cornwell Quality Tools Company, Mac Tools, Matco Tools, Snap-On Tools Company, and Tools UNITED STATES ATTORNEY Equipment Company, as well as any and all persons acting in concert therewith, including, but not limited to, Defendants' agents, servants, and employees, are hereby RESTRAINED AND ENJOINED from making, using, offering for sale, or selling the infringing products--the "Lug Off," "Quick Off," "LSR500," and any substantially similar devices thereof--due to the finding and judgment of literal infringement of United States Patent Number 5,737,981 as described herein. Dated this day of November, 2005.

ALAN B. JOHNSON UNITED STATES DISTRICT JUDGE SITTING BY DESIGNATION