California Expanded Metal Products Company et al v. James A Klein et al

(#124) ORDER OF DISMISSAL WITH PREJUDICE by Judge Dean D. Pregerson, re Stipulation to Dismiss Case 123 . IT IS HEREBY ORDERED that this action and all claims which were raised or could have been raised in this action are dismissed with prejudice in accordance with the Parties' Settlement Agreement. Each party shall bear its own costs and attorneys' fees. Case Terminated. Made JS-6. (smo)

(#111) PRELIMINARY INJUNCTION by Judge Dean D. Pregerson: 1. Defendants and their Agents are enjoined and prohibited from taking or engaging in any action or conduct that would cause, or is likely, or intended by Defendants, tocause, Clark to be removed fr om any listing of Underwriters Laboratory (UL) or any other third party certifying entity (collectively, "UL listings") for anyintumescent-tape bearing products or any fire stopping products; and 2 In the event Defendants or their Agents ha ve taken any action or engaged in any conduct that would cause, or is likely, or intended by Defendants, to cause, Clark to be removed from any UL listings, Defendants are directed andordered to immediately take all actions necessary to reinstate or maintain Clarks listing as approved on all UL listings for any intumescent-tape bearing products or any fire stopping products; and 3. Defendants shall, by May 25, 2017, provide, or otherwise make available to ClarkDietrich, any and all UL files for licensed products, including testing and data files; and 4. ClarkDietrich shall use such files and data for the sole purpose of obtaining its own UL certifications; and 5. ClarkDietrich shall post a bond of $100,000 in connection with this order.with this Order. (lc)

(#106) ORDER GRANTING PRELIMINARY INJUNCTION by Judge Dean D. Pregerson: Plaintiffs Motion for Preliminary Injunction is GRANTED, in part, and DENIED, in part. Defendants James A. Klein and BlazeFrame Industries, Ltd. and their agents, employees, and repr esentatives are enjoined from doing and/or ordered to do thefollowing: a. Enjoined from offering for sale or selling licensed BlazeFrame Products (BF Products) outside Oregon, Washington, Alaska, Idaho, Montana andWyoming (the restricted territory), either directly or through BigMountain Supply & Materials LLC. This provision shall not be read to restrict the sales activities of independent third-party distributors. b. Enjoined from offering for sale or selling intumescent tape outside the restricted territory, except for the limited purpose of repair. (lc)

(#73) MINUTES OF Hearing on Motion for Preliminary Injunction 54 and Under Seal Motion for Preliminary Injunction 61 and Scheduling Conference held before Judge Dean D. Pregerson. The matters are taken under submission. The Court adopts the dates as reflected by the Joint Rule 26(f) Report. (Refer to the SCHEDULING ORDER to be issued hereafter.) Court Reporter: Maria Bustillo. (smo)

(#72) ORDER GRANTING PLAINTIFFS MOTION TO STRIKE AFFIRMATIVE DEFENSES 46 by Judge Dean D. Pregerson: Defendants affirmative defenses of patent invalidity andpatent unenforceability are STRICKEN, with prejudice. Defendants affirmative defense of patent misuse is STRICKEN, with leave to amend. Any amended Answer shall be filed within fourteen days of the date of this Order. (lc)