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RICCHIO v. OCEAN WAVE MASSAGE BEDS

September 22, 2005.

DOMINIC RICCHIO, Plaintiff,
v.
OCEAN WAVE MASSAGE BEDS, LTD., ROBERT CHAMBERLAIN, DAVID DAVIS, PACIFIC ALLIANCE MARKETING GROUP, RICHARD MOORE, AYAZ SHAH, PARADISE AQUA MASSAGE DIST., INC., REAL MENARD, MR., REJUVENATIONS UNLIMITED, JACK PIATT, MR., LUCAS PIATT, MR., MILLCRAFT INDUSTRIES, INC., PACIFIC CAPITAL, INC., OCEAN WAVE DISTRIBUTORS, LLC, MICHAEL ROSEN, OCEAN MASSAGE BEDS, ROBIN LARSON and DEDE LARSON, Defendants.



The opinion of the court was delivered by: JOY CONTI, District Judge

PERMANENT INJUNCTION ORDER

WHEREAS, the parties in the above matter have reached a settlement;

WHEREAS the Court ordered the parties to execute the Settlement Agreement and to report on August 5, 2005, as to the names of any non-executing parties;

  WHEREAS all of the Defendants, namely Ocean Wave Massage Beds, Ltd., Robert Chamberlain, David Davis, Pacific Alliance Marketing, Ltd., Richard Moore, Ayaz Shah, Ocean Wave Distributors, Robin Larson and Dede Larson have failed to execute the Settlement Agreement. 1. Effective September 21, 2005, a permanent injunction is hereby entered against Defendants Ocean Wave Massage Beds, Robert Chamberlain, David Davis, Pacific Alliance Marketing Group, Richard Moore, Ayaz Shah, Ocean Wave Distributors, LLC, Robin Larson and Dede Larson (Non-Signing Defendants), their officers, directors, employees, divisions, subsidiaries, agents, parents, successors and assigns and all who act in concert therewith, or participate with them, who receive actual notice of this Order, precluding them, within the United States or its territories, from making, using, selling or offering for sale the Ocean Wave Massage Bed, including any other unit, which provides dry hydrotherapy having a plurality of water jets that can operate individually or simultaneously which shoot water and/or a water-air mixture against the underside of a film, membrane or surface and which supports an individual, including the so-called Aqua Massage, Neptune and Cloud IX versions, and all improvements to the Ocean Wave Massage Bed.

  2. Defendants and Plaintiff or his daughter, Frances Ricchio, shall immediately cease all direct and indirect contact with each other.

  3. This injunction shall be lifted as to any of the aforesaid Non-Signing Defendants as of the date the non-signing party executes the Settlement Agreement in the form attached hereto as Exhibit A.

  4. This injunction shall remain in effect only as long as one or more the United States Patents 4,635,620, 4,713,853 and 6,139,512 have not expired from failure to pay a maintenance fee or from normal expiration at the end of their term. 5. Each party shall bear its own costs and attorney fees. THIS SETTLEMENT AND NON-EXCLUSIVE LICENSE AGREEMENT (hereinafter the "Agreement") is made and entered into this 22 day of October 2004 (the "Effective Date"), by and between Dominic A. Ricchio ("Licensor") Ocean Wave Massage Beds, Ltd., (Manufacturer) Robert Chamberlain, David Davis (the "OWMB Licensees"), Pacific Alliance Marketing Group, Richard Moore, Ayez Shah, Ocean Massage Beds, Robin Larson, and Dede Larson ("Collectively Settling Defendants").

  WHEREAS, Licensor is the owner of U.S. Patent 6,139,512 entitled "Method and Apparatus for Water Therapy" (the '512 Patent) (the "Licensed Patent").

  WHEREAS, Licensor and the Settling Defendants have been engaged in a dispute regarding the above-referenced Licensed Patents which is currently pending in the United States District Court for the Western District of Pennsylvania as Civil Action No. 03-492 (the "Civil Action"). The Civil Action involves, in pertinent part, an action relating to the rights of the Defendant to make, the sale, use, or offer for sale of the Ocean Wave Message Bed (the "Licensed Units").

  WHEREAS, the parties are desirous of resolving this dispute and in granting the OWMB Licensees and settling licensees the non-exclusive license to use, license or sell the Licensed Units.

  NOW, THEREFORE, in consideration of the foregoing, and the premises, representations and mutual covenants contained herein, and for other valuable consideration, the receipt of which is acknowledged, the parties hereto agree as follows:

  1. For the purposes of this Agreement, the following terms shall be defined as follows:

  EXHIBIT A

  1.1 "Non-Assignable Non-Exclusive Licensed Rights" shall mean non-assignable non-exclusive rights in the Licensed Patent and all related trade secrets and know-how, and any and all improvements, modifications, applications, continuations, continuations-in-part, divisions, reissues, reexaminations and re-filed patents of the aforesaid, as well as any and all corresponding patent rights and applications for patent rights in the United States of America (The "Territory").

  1.2 "Licensed Units" shall mean the Ocean Wave Massage Beds, including any other unit, which provides dry hydrotherapy having a plurality of water jets That can operate individually or simultaneously which shoot water and/or water air mix against the underside of a film, membrane or surface which supports an individual, including the so-called Aqua ...


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