Combe Incorporated v. Inova Cosmetics
- Philip Halpern
- 7:21-cv-09308
- U.S. District Court · Southern District of New York
- 4
In Combe v. Inova Cosmetics, Judge Halpern entered a consent judgment awarding $101,000 and permanently barring specified patent-related conduct.
Combe Incorporated received a $101,000 judgment. Inova Urun Gelistirme ve Kozmetik Uretim Ltd. Sti. d/b/a Inova Cosmetics and specified related persons and organizations are bound by the permanent injunction, and Inova must notify its customers of similar restrictions.
What happened
Combe Incorporated sued Inova Urun Gelistirme ve Kozmetik Uretim Ltd. Sti. d/b/a Inova Cosmetics, alleging that its White to Black Grey Coverage Shampoo infringed three Combe patents. The order does not say that Inova admitted wrongdoing or admitted infringement.
The parties agreed to resolve the case through a consent judgment. Inova did not contest, for purposes of the judgment and its enforcement, that specified claims in the three patents were valid and enforceable. The judgment also required Inova to notify its customers about similar restrictions.
Judge Philip Halpern entered judgment for Combe in the amount of $101,000 and permanently barred Inova and related persons from specified activities involving the White to Black shampoo, SoapCover products, and infringing equivalents. The action was dismissed with prejudice, while the court kept authority to enforce the judgment; each side bears its own costs and attorney fees, and Inova waived appeal.
The detailed version
- Combe Incorporated v. Inova Cosmetics · No. 7:21-cv-09308
- Philip Halpern
- Apr. 11, 2023
Background
Combe Incorporated brought a patent-infringement action under Title 35 of the United States Code against Inova Urun Gelistirme ve Kozmetik Uretim Ltd. Sti. d/b/a Inova Cosmetics. Combe alleged infringement of U.S. Patent Nos. 9,237,993, 9,474,704, and 10,022,312 based on Inova’s unauthorized importation, sale, and/or offer for sale of its White to Black Grey Coverage Shampoo.
The order states that Combe owns all right, title, and interest in the three asserted patents. Inova sought to conclude the litigation without admitting wrongdoing and without contesting infringement, validity, or enforceability of any patent claims. The parties submitted a stipulation and consent judgment for the court’s approval.
Court’s Order
The court entered judgment for Combe and against Inova in the amount of $101,000. For purposes of the consent judgment and its enforcement, Inova did not contest the validity and enforceability of specified claims: claims 1–18, 20–23, and 25–27 of the ’993 patent; claims 1–20, 22–23, and 25–26 of the ’704 patent; and claims 1–17 of the ’312 patent.
The court permanently enjoined Inova, its subsidiaries, affiliates, officers, directors, agents, employees, successors, assigns, and persons or organizations acting with them from making, using, selling, offering for sale, or importing into the United States or its territories the White to Black shampoo or SoapCover products, except for the SoapCover product defined in Schedule A. The injunction applies during the remaining term of the asserted patents and also covers substantial equivalents or modifications that would infringe Combe’s intellectual property. It further bars direct, contributory, or induced infringement and assisting, aiding, or abetting those activities.
Inova must notify its customers that they are subject to similar prohibitions. Combe and Inova must each bear their own costs and attorney fees. The consent judgment is a final judgment concerning the action’s subject matter; Inova waived any right to appeal it. Upon entry of the judgment, the action was dismissed with prejudice, while the court retained jurisdiction to enforce the judgment. Judge Philip Halpern signed the order on April 11, 2023.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.