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Entered | Case | Description |
|---|---|---|
| 08/02/24 | 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 | 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 | 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 | 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) | |
| 07/23/24 | STIPULATION for Extension of Time to File Answer to 7/23/2024 re Complaint (Attorney Civil Case Opening), 1 , STIPULATION Extending Time to Answer the complaint as to Amazon.com, Inc. answer now due 7/23/2024; Amazon.com Services, LLC answer now due 7/23/2024, re Complaint (Attorney Civil Case Opening), 1 filed by Defendant Amazon.com, Inc.; Amazon.com Services, LLC. (Attachments: # 1 Proposed Order)(Frei, Ryan) (Entered: 07/23/2024) | |
| 07/23/24 | ANSWER to Complaint (Attorney Civil Case Opening), 1 with JURY DEMAND filed by Defendant Amazon.com Services, LLC, Amazon.com, Inc..(Frei, Ryan) (Entered: 07/23/2024) | |
| 07/17/24 | Unopposed Motion for Leave to File a Sur-reply to Defendant's Reply in Support of its Motion to Dismiss. Filed by SawStop Holding LLC. (Davis, Scott) (Entered: 07/17/2024) | |
| 07/16/24 | Supplemental Declaration of Jeffrey S. Love . Filed by H2ome Certified, Inc.. (Related document(s): Motion for Summary Judgment 20 , Supplement 32 , Declaration 22 , Declaration 23 , Declaration 21 .) (Attachments: # 1 Exhibit 5) (Love, Jeffrey) (Entered: 07/16/2024) | |
| 07/16/24 | Supplement to Summary Judgment Record. Filed by H2ome Certified, Inc.. (Related document(s): Motion for Summary Judgment 20 , Declaration 22 , Declaration 23 , Declaration 21 .) (Love, Jeffrey) (Entered: 07/16/2024) | |
| 07/15/24 | ORDER OF DISMISSAL entered: Linfo IP, LLC has advised the court that the parties have reached an agreement in principle to settle this case. (Docket Entry No. 17). The case is dismissed, without prejudice to the right of counsel to move for reinstatement within 60 days, with proof that settlement could not be reached. All motions currently pending are denied without prejudice. Any movant seeking to resubmit or reurge those motions must do so within 14 days from the date any motion for reinstatement is filed.The court appreciates the prompt notification of settlement. Case terminated on 7/15/24 (Signed by Judge Lee H Rosenthal) Parties notified. (lle4) (Entered: 07/15/2024) |