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Entered | Case | Description |
---|---|---|
07/16/24 | FULL SATISFACTION of Judgment as to Xuwimaw-US (Def. #20) (Lee, Nicholas) (Entered: 07/16/2024) | |
06/07/24 | FULL SATISFACTION of Judgment as to Def. #73, BDH Co. Ltd. (Lee, Nicholas) (Entered: 06/07/2024) | |
06/03/24 | ENTERED JUDGMENT Mailed notice(cc, ) (Entered: 06/03/2024) | |
06/03/24 | DEFAULT JUDGMENT ORDER Signed by the Honorable Jeffrey I Cummings on 6/3/2024. Mailed notice (cc, ) (Entered: 06/03/2024) | |
05/21/24 | MINUTE entry before the Honorable Jeffrey I Cummings: The Court has reviewed plaintiff's motion for default judgment 53 and plaintiff's amended supplemental memorandum in support of plaintiff's motion for default judgment 61 . Plaintiff's motion for default judgment 53 is granted as follows. Pursuant to 35 U.S.C. §§285 and 289, the Court enters judgment against the six remaining defendants identified on page 7 of plaintiff's amended supplemental memorandum (excluding dismissed defendant no. 12 67 ) in the amounts specified by plaintiff on page 7, which includes the known revenue of infringing sales, trebled pursuant to 28 U.S.C. §284 plus an additional $674.82 per defendant in attorney's fees. See Shatterproof Glass Corp. v. Libbey-Owens Ford Co., 758 F.2d 613, 628 (Fed.Cir. 1985) (a finding of willfulness is sufficient to support treble damages); The Goat LLC v. Advanced Wholesale LLC, No. 23-CV-1526-JPS, 2024 WL 1603512, at *1617 (E.D. Wis. Apr. 12, 2024) (noting that the Patent Act allows "for an award of attorney's fees to the prevailing party in 'exceptional cases'" and that "one factor suggesting that the case may be 'exceptional' is a defendant's default and/or failure to defend."); Screenco Sys., LLC v. Scott Septic & Portables, Inc., No. 123CV00305JPHCSW, 2024 WL 1307142, at *3 (S.D.Ind. Mar. 26, 2024) (same). For the remaining defendants identified on page 6 of plaintiff's amended supplemental memorandum (excluding dismissed defendants nos. 9 and 79 64 65 ), the Court enters judgment against each defendant in the amount of a $500 royalty plus an additional $674.82 in attorney's fees per defendant. The Court, within its discretion, denies plaintiff's request for an award of $50,000 in transactional cost. Plaintiff did not seek such an award in its motion for default judgment and its initial supporting memorandum 54, and the Court finds that plaintiff has not adequately supported such an award based on the record before the Court. By 5/29/24, plaintiff shall submit a proposed final judgment order consistent with this Order to the Court's proposed order inbox. Mailed notice (cc, ) (Entered: 05/21/2024) | |
05/21/24 | MINUTE entry before the Honorable Jeffrey I Cummings: The Court has reviewed plaintiff's motion for default judgment 53 and plaintiff's amended supplemental memorandum in support of plaintiff's motion for default judgment 61 . Plaintiff's motion for default judgment 53 is granted as follows. Pursuant to 35 U.S.C. §§285 and 289, the Court enters judgment against the six remaining defendants identified on page 7 of plaintiff's amended supplemental memorandum (excluding dismissed defendant no. 12 67 ) in the amounts specified by plaintiff on page 7, which includes the known revenue of infringing sales, trebled pursuant to 28 U.S.C. §284 plus an additional $674.82 per defendant in attorney's fees. See Shatterproof Glass Corp. v. Libbey-Owens Ford Co., 758 F.2d 613, 628 (Fed.Cir. 1985) (a finding of willfulness is sufficient to support treble damages); The Goat LLC v. Advanced Wholesale LLC, No. 23-CV-1526-JPS, 2024 WL 1603512, at *1617 (E.D. Wis. Apr. 12, 2024) (noting that the Patent Act allows "for an award of attorney's fees to the prevailing party in 'exceptional cases'" and that "one factor suggesting that the case may be 'exceptional' is a defendant's default and/or failure to defend."); Screenco Sys., LLC v. Scott Septic & Portables, Inc., No. 123CV00305JPHCSW, 2024 WL 1307142, at *3 (S.D.Ind. Mar. 26, 2024) (same). For the remaining defendants identified on page 6 of plaintiff's amended supplemental memorandum (excluding dismissed defendants nos. 9 and 79 64 65 ), the Court enters judgment against each defendant in the amount of a $500 royalty plus an additional $674.82 in attorney's fees per defendant. The Court, within its discretion, denies plaintiff's request for an award of $50,000 in transactional cost. Plaintiff did not seek such an award in its motion for default judgment and its initial supporting memorandum 54 , and the Court finds that plaintiff has not adequately supported such an award based on the record before the Court. By 5/29/24, plaintiff shall submit a proposed final judgment order consistent with this Order to the Court's proposed order inbox. Mailed notice (cc, ) (Entered: 05/21/2024) | |
01/24/24 | CERTIFICATE of Service (Supplemental) by James Edward Judge on behalf of MD, LLC regarding set motion and R&R deadlines/hearings,,, [241] , MOTION by Plaintiff MD, LLC to compel compliance with Default Judgment Order [240] (Attachments: # [1] Exhibit 1)(Judge, James) (Entered: 01/24/2024) | |
01/23/24 | MINUTE entry before the Honorable Joan B. Gottschall: The certificate of service accompanying plaintiff's motion [240] to compel nonparties eBay, Inc., and LianLian Global (collectively "third-party providers") states that it was served by email on 1/18/2024. Any response to plaintiff's motion to compel [240] is due on or before 2/5/2024. Because third-party providers have not appeared, plaintiff is directed to serve them with a copy of this minute order in accordance with Fed. R. Civ. P. 5. Plaintiff must file a supplemental certificate of service on or before 1/26/2024. The supplemental certificate of service must indicate whether third-party providers have consented in writing to service by email in accordance with Fed. R. Civ. P. 5(b)(2)(F). Mailed notice (mjc, ) (Entered: 01/23/2024) | |
01/18/24 | MOTION by Plaintiff MD, LLC to compel compliance with Default Judgment Order (Judge, James) (Entered: 01/18/2024) | |
01/10/24 | NOTICE of Voluntary Dismissal by Steel City Enterprises Inc. Under Rule 41(a)(1) FEIGO (Def. #12). (Lee, Nicholas) (Entered: 01/10/2024) |