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`MORGAN, LEWIS &
`BOCKIUS LLP
`ATTORNEYS AT LAW
`SILICON VALLEY
`
`JS-6
`
`UNITED STATES DISTRICT COURT
`CENTRAL DISTRICT OF CALIFORNIA
`WESTERN DIVISION
`
`Case No. 2:20-cv-01650-PSG-JPR
`STIPULATED CONSENT
`JUDGMENT AND
`PERMANENT INJUNCTION
`DKT [51]
`
`Olati LLC,
`
`Plaintiff,
`vs.
`Haas Automation, Inc.,
`Defendant.
`
`Haas Automation, Inc.,
`Counterclaim Plaintiff,
`vs.
`
`Olati LLC,
`
`Counterclaim Defendant.
`
`1
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`2:20-CV-01650-PSG-JPR
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`Case 2:20-cv-01650-PSG-JPR Document 53 Filed 04/09/24 Page 2 of 4 Page ID #:683
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`MORGAN, LEWIS &
`BOCKIUS LLP
`ATTORNEYS AT LAW
`SILICON VALLEY
`
`CONSENT JUDGMENT
`The parties having considered the facts and applicable law and having
`agreed to the entry of this Stipulated Consent Judgment and Permanent
`Injunction (“Consent Judgment”), and the parties having stipulated that there is
`no just reason for delaying entry of final judgment in this action between
`Plaintiff and Counterclaim Defendant Olati LLC and Defendant and
`Counterclaim Plaintiff Haas Automation, Inc. (“Haas”), subject to approval by
`the Court.
`
`FINDINGS OF FACT
`Olati LLC is a Maryland limited liability company, having its
`1.
`principal place of business at 301 South Fremont Avenue, Baltimore, Maryland
`21230, with owners Slingshot Technologies LLC and Cotopaxi LLC
`(collectively, inclusive of Olati LLC and its owners, “Olati”). See Dkt. 1, 4.
`Olati filed its Complaint for patent infringement against
`2.
`Defendant and Counterclaim Plaintiff Haas Automation, Inc. (“Haas”) on
`February 20, 2020 asserting infringement of U.S. Patent No. 8,136,432 (“the
`’432 Patent”).
`The ’432 Patent was originally assigned to Prototype Productions,
`3.
`Inc. (“PPI”), which is listed as the assignee of other U.S. Patents. The ’432
`Patent, along with the other patents in the ’432 Patent’s patent family (U.S.
`Patent Nos. 7,930,957 and 8,365,642 (the “Related Patents”), were assigned to
`Olati.
`Haas is a California corporation with a principal place of business
`4.
`at 2800 Sturgis Road, Oxnard, California, 93030 and owned by Haas Holdings,
`Inc. (“Haas Holdings”). See Dkt. 20, 21.
`Haas manufactures, sells, and offers for sale certain machining
`5.
`products, including computer numerical control (“CNC”) mills, lathes, rotaries
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`2:20-CV-01650-PSG-JPR
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`Case 2:20-cv-01650-PSG-JPR Document 53 Filed 04/09/24 Page 3 of 4 Page ID #:684
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`and indexers, and tooling parts.
`6.
`Olati filed its Complaint for patent infringement against Haas on
`February 20, 2020 asserting infringement of the ’432 Patent. Dkt. # 1. On
`April 15, 2020, Haas filed its Answer and Counterclaims, seeking declaratory
`judgments of non-infringement and invalidity. Dkt. # 20. On December 23,
`2020, this Court granted Haas’ Motion to Stay Pending inter partes review of a
`petition challenging all claims of the Asserted Patent. Dkt. # 43, 46.
`7.
`The Patent Trial and Appeal Board (“PTAB”) of the United States
`Patent & Trademark Office entered its final written decision, finding all claims
`of the Asserted Patent unpatentable. See Haas Automation, Inc. v. Olati, LLC,
`IPR2021-00145, Paper 29 at 2 (PTAB May 13, 2022). Olati appealed the
`PTAB’s final written decision and the Federal Circuit affirmed the PTAB’s
`decision. Olati LLC v. Haas Automation, Inc., No. 22-2027, 2023 WL
`7545048, at *1 (Fed. Cir. Nov. 14, 2023). Olati did not challenge the Federal
`Circuit’s determination.
`8.
`On March 22, 2024, Haas filed a Motion to Lift the Stay and Enter
`Judgement in Haas’ favor.
`
`FINDINGS OF LAW
`9.
`This is an action for patent infringement under the patent laws of
`the United States, Title 35 of the United States Code.
`10.
`This Court has jurisdiction over Defendants and the subject matter
`of this action under 28 U.S.C. §§ 1331, 1367, 1338(a), 2201, 2202, the patent
`laws of the United States, including 35 U.S.C. § 271 et. seq. The parties
`submit to the jurisdiction of the Court for the purpose of enforcement of this
`Consent Judgment. Venue is proper in this Court pursuant to 28 U.S.C. §§
`1391(b) and 1400(b).
`11.
`Olati acknowledges and agrees that the ’432 Patent is invalid and
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`2:20-CV-01650-PSG-JPR
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`MORGAN, LEWIS &
`BOCKIUS LLP
`ATTORNEYS AT LAW
`SILICON VALLEY
`
`
`
`Case 2:20-cv-01650-PSG-JPR Document 53 Filed 04/09/24 Page 4 of 4 Page ID #:685
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`MORGAN, LEWIS &
`BOCKIUS LLP
`ATTORNEYS AT LAW
`SILICON VALLEY
`
`unenforceable.
`12.
`Olati and PPI, and any of its successors, assignees, or licensees,
`hereby waive all rights to any claims for patent infringement—and agree and
`covenant not to sue, or cause any suit to be brought, or participate in any suit—
`against Haas, Haas Holdings, or any of its successors or related entities of any
`patent owned or controlled by or assigned to Olati or PPI.
`13.
`Haas and Olati shall each bear their own costs, expenses, and
`attorney fees.
`14.
`This Consent Judgment constitutes a final judgment concerning
`the subject matter of this action.
`15.
`Haas and Olati waive any right to appeal from this Consent
`Judgment.
`Upon entry of this Consent Judgment, this action is dismissed,
`16.
`with prejudice; provided, however, that this Court shall retain jurisdiction to
`enforce the terms and provisions of this Consent Judgment.
`17.
`This Consent Judgment shall be entered hereto, forthwith, without
`further notice.
`The Clerk is directed to enter this Consent Judgment forthwith.
`IT IS SO ORDERED.
`
`Dated: April 9, 2024
`
`
`
`The Hon. Philip S. Gutierrez
`United States District Judge
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`2:20-CV-01650-PSG-JPR
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