NOTE: This disposition is nonprecedential.
United States Court of Appeals
for the Federal Circuit
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THE PAW WASH, LLC,
Plaintiff-Appellee,
v.
PAW PLUNGER, LLC,
Defendant-Appellant,
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2012-1240
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Appeal from the United States District Court for the
Western District of Missouri in case no. 08-CV-0113,
Judge Gary A. Fenner.
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Decided: December 14, 2012
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RICHARD L. BROPHY, Armstrong Teasdale, LLP, of St
Louis, Missouri, argued for plaintiff-appellee. With him
on the brief was JENNIFER E. HOEKEL.
DAVID L. REIN, JR., Finch & Campbell, LLP, of Kansas
City, Missouri, argued for defendant-appellant.
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Before DYK, PLAGER, and CLEVENGER, Circuit Judges.
PAW WASH v. PAW PLUNGER 2
PER CURIAM.
In this case, based on a certain settlement agreement
between the parties, the district court, on November 15,
2011, issued a permanent injunction enjoining Paw
Plunger, LLC (“Paw Plunger”) “from infringing the ‘391
patent by making, using, offering for sale, and/or selling
in the United States of importing into the United States
the ‘Paw Plunger’ and any other products that infringe
one (1) or more claims of the ‘391 patent.” Paw Plunger
appeals. We affirm the decision of the district court with
one exception. The injunction granted by the district court
should have been limited to Claim 17 of the ‘391 patent.
Thus, the permanent injunction must be revised to read
as follows:
ORDERED Defendant and each of its agents af-
filiates, successors, servants, and employees, and
any and all other persons or entities acting under
Defendant’s authority, are hereby permanently
enjoined from infringing the ‘391 patent by mak-
ing, using, offering for sale, and/or selling in the
United States or importing into the United States
the “Paw Plunger” and any other products that in-
fringe Claim 17 of the ‘391 patent.
In light of this decision, we vacate the district court’s
ruling and remand to the district court so that it may
enter an appropriate order.
AFFIRMED IN PART, VACATED AND REMANDED
IN PART
COSTS
Costs to appellee.