Whittaker Law Firm

Texas

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Cases10

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re-whittaker

whittakersystem.com

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Transport., E-Comm.ChemicalDesign

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Patrick J. CoyneNeal S. CohenPeter Kinsella

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Entered	Case	Description
08/05/24	Flying Heliball LLC v. Target Corp 2:23-CV-00036 ( E.D. TX )	SECOND AMENDED DOCKET CONTROL ORDER re 52 JOINT MOTION to Amend/Correct 38 Order,, Set/Reset Deadlines/Hearings, filed by Flying Heliball, LLC., Markman Hearing set for 10/2/2024 at 09:00 AM before Magistrate Judge Roy S. Payne. (Motion(s) 52 terminated). Signed by Magistrate Judge Roy S. Payne on 8/5/2024. (NKL) (Entered: 08/05/2024)
08/02/24	Kellie Defries v. Nanjing Good Stone Sink Decoration Engineering Co doing Business As Aroic 3:22-CV-00549 ( N.D. TX )	ORDER granting 126 Motion to Withdraw as Counsel of Record. Victor C. Johnson and James D. Tuck are hereby terminated as counsel of record for this case. The Clerks Office is directed to terminate ECF notifications in connection with this case for Mr. Johnson and Mr. Tuck. (Ordered by Senior Judge Barbara M. G. Lynn on 8/2/2024) (kaf) (Entered: 08/02/2024)
08/02/24	Kellie Defries v. Nanjing Good Stone Sink Decoration Engineering Co doing Business As Aroic 3:22-CV-00549 ( N.D. TX )	Report to Patent/Trademark Office of Final Order. Form AO 120 e-mailed to notice_of_suit@uspto.gov. (Attachments: # 1 Final Judgment Attachment) (agc) (Entered: 08/02/2024)
08/02/24	Kellie Defries v. Nanjing Good Stone Sink Decoration Engineering Co doing Business As Aroic 3:22-CV-00549 ( N.D. TX )	FINAL DEFAULT JUDGMENT against Defendants alyer, annbay ltd, aoshang, audab store, barney/skd-us, beautychen, deskoti, enzo-missdeer-us, gao yongxue-yongusuus, gu bingding-eyxformula, honoson, jackshen-mooerca us, jinhua cao-ztl fashion, lisihua-jiasheng direct, magic c-moibase gel polish, njqianrou-nanjingqianroubuliaoyouxiangongsi, qiaocrystal-shiny crystal, subay-subay direct, tangsanyuan ba, tatuo us, tianping liu-biutee store, tianshui wang-over the hills, xin huang-angnya nails, xinqitong, xiulin dai-yokilly beauty, xushujun-kang yue trading, yao angela-honey joy beauty & health, zhang zhaoqin-juanzhizong, zhouyanghao, zhujunjie-hzsbass store (collectively, the Defaulting Defendants). IT IS FURTHER ORDERED that as long as a Defaulting Defendant wishes to sell products identified by the accused ASINs, it shall pay Plaintiff a royalty rate of $1,000 per quarter or 5% of gross proceeds per quarter, whichever is higher. The clerk will prepare the final Report to the Patent/Trademark or Copyright Office. (Ordered by Senior Judge Barbara M. G. Lynn on 8/2/2024) (agc) (Entered: 08/02/2024) FINAL DEFAULT JUDGMENT against Defendants alyer, annbay ltd, aoshang, audab store, barney/skd-us, beautychen, deskoti, enzo-missdeer-us, gao yongxue-yongusuus, gu bingding-eyxformula, honoson, jackshen-mooerca us, jinhua cao-ztl fashion, lisihua-jiasheng direct, magic c-moibase gel polish, njqianrou-nanjingqianroubuliaoyouxiangongsi, qiaocrystal-shiny crystal, subay-subay direct, tangsanyuan ba, tatuo us, tianping liu-biutee store, tianshui wang-over the hills, xin huang-angnya nails, xinqitong, xiulin dai-yokilly beauty, xushujun-kang yue trading, yao angela-honey joy beauty & health, zhang zhaoqin-juanzhizong, zhouyanghao, zhujunjie-hzsbass store (collectively, the Defaulting Defendants). IT IS FURTHER ORDERED that as long as a Defaulting Defendant wishes to sell products identified by the accused ASINs, it shall pay Plaintiff a royalty rate of $1,000 per quarter or 5% of gross proceeds per quarter, whichever is higher. The clerk will prepare the final Report to the Patent/Trademark or Copyright Office. (Ordered by Senior Judge Barbara M. G. Lynn on 8/2/2024) (agc) (Entered: 08/02/2024)
08/02/24	Kellie Defries v. Nanjing Good Stone Sink Decoration Engineering Co doing Business As Aroic 3:22-CV-00549 ( N.D. TX )	MEMORANDUM OPINION AND ORDER: Plaintiff's request for enhanced damages based on willful infringement is denied. In addition, Plaintiff's request for pre-judgment interest is denied. "[I]t may be appropriate to limit prejudgment interest, or perhaps even deny it altogether, where the patent owner has been responsible for undue delay in prosecuting the lawsuit." See General Motors Corp. v. Devex Corp., 461 U.S. 648, 657 (1983). Here, the Court notes that Plaintiff's prosecution of this lawsuit was somewhat dilatory in nature, in that on occasion, she failed to effectuate and establish service of Defendants, or seek entry of default and default judgment, until prompted by the Court. Finally, in addition to monetary damages from the Defaulting Defendants, Plaintiff sought a permanent injunction against numerous other Defendants for whom there is insufficient or no evidence of gross sales of infringing products. During the hearing, the Court denied Plaintiff's request for a permanent injunction. Accordingly, since Plaintiff is now only seeking relief from the Defaulting Defendants, all Defendants except for the Defaulting Defendants are hereby DISMISSED WITH PREJUDICE. The Court will enter a separate final judgment consistent with this Order. (Ordered by Senior Judge Barbara M. G. Lynn on 8/2/2024) (agc) (Entered: 08/02/2024) MEMORANDUM OPINION AND ORDER: Plaintiff's request for enhanced damages based on willful infringement is denied. In addition, Plaintiff's request for pre-judgment interest is denied. "[I]t may be appropriate to limit prejudgment interest, or perhaps even deny it altogether, where the patent owner has been responsible for undue delay in prosecuting the lawsuit." See General Motors Corp. v. Devex Corp., 461 U.S. 648, 657 (1983). Here, the Court notes that Plaintiff's prosecution of this lawsuit was somewhat dilatory in nature, in that on occasion, she failed to effectuate and establish service of Defendants, or seek entry of default and default judgment, until prompted by the Court. Finally, in addition to monetary damages from the Defaulting Defendants, Plaintiff sought a permanent injunction against numerous other Defendants for whom there is insufficient or no evidence of gross sales of infringing products. During the hearing, the Court denied Plaintiff's request for a permanent injunction. Accordingly, since Plaintiff is now only seeking relief from the Defaulting Defendants, all Defendants except for the Defaulting Defendants are hereby DISMISSED WITH PREJUDICE. The Court will enter a separate final judgment consistent with this Order. (Ordered by Senior Judge Barbara M. G. Lynn on 8/2/2024) (agc) (Entered: 08/02/2024)
05/30/23	Tomax As v. Turbo Drill Industries Inc 6:21-CV-00260 ( W.D. TX )	Sealed Document: Defendant Turbo Drill's Reply to Tomax's & Malcom E. Whittaker's Opposition to Turbo Drill's Section 285 Motion for Attorneys' Fees of 162 Sealed Document,,, by Turbo Drill Industries, Inc. (Attachments: # 1 Exhibit Declaration of Michael Locklar, # 2 Exhibit Exhibit A - Declaration of Michael Locklar, # 3 Exhibit Exhibit B - Declaration of Michael Locklar, # 4 Exhibit Exhibit C - Declaration of Michael Locklar, # 5 Exhibit Exhibit D - Declaration of Michael Locklar, # 6 Exhibit Exhibit E - Declaration of Michael Locklar, # 7 Exhibit Exhibit S - Declaration of Michael Locklar, # 8 Exhibit Exhibit T - Declaration of Michael Locklar) (Jaasma, Keith) (Entered: 05/30/2023) Sealed Document: Defendant Turbo Drill's Reply to Tomax's & Malcom E. Whittaker's Opposition to Turbo Drill's Section 285 Motion for Attorneys' Fees of 162 Sealed Document,,, by Turbo Drill Industries, Inc. (Attachments: # 1 Exhibit Declaration of Michael Locklar, # 2 Exhibit Exhibit A - Declaration of Michael Locklar, # 3 Exhibit Exhibit B - Declaration of Michael Locklar, # 4 Exhibit Exhibit C - Declaration of Michael Locklar, # 5 Exhibit Exhibit D - Declaration of Michael Locklar, # 6 Exhibit Exhibit E - Declaration of Michael Locklar, # 7 Exhibit Exhibit S - Declaration of Michael Locklar, # 8 Exhibit Exhibit T - Declaration of Michael Locklar) (Jaasma, Keith) (Entered: 05/30/2023)
07/19/22	Tomax As v. Turbo Drill Industries Inc 4:22-MC-01149 ( S.D. TX )	ORDER granting Motion to Quash Turbo Drill Industries, Inc;s Subpoena to Produce Documents by Turbo Drill Industries, Inc..(Signed by Judge Alfred H Bennett) Parties notified.(ledwards, 4) (Entered: 07/19/2022)