West v. Jewelry Innovations, Inc. et al

Filing 366

ORDER by Judge Jeremy Fogel granting 325 Motion for Default Judgment (jflc1, COURT STAFF) (Filed on 5/6/2009)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Plaintiff Trent West ("West") seeks default judgment against Defendant A'Jamais Designs, Inc. (dba Infinity Rings) ("A'Jamais"). The application is unopposed. For the reasons set forth below, the Court will enter default judgment and enjoin A'Jamais from engaging in any infringing activity. I. DISCUSSION On April 19, 2007, West filed his First Amended Complaint ("FAC") against inter alia A'Jamais, alleging that A'Jamais infringed West's the patents in suit.2 A'Jamais failed to file a pleading or otherwise respond to the FAC. In light of A'Jamais failure to appear, West v. JEWELRY INNOVATIONS, INC., et al., [re: Docket No. 385] Defendants. TRENT WEST, Plaintiff, Case Number C 07-1812 JF (HRL) ORDER1 GRANTING APPLICATION FOR DEFAULT JUDGMENT AND ENTRY OF PERMANENT INJUNCTION IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION **E-Filed 5/6/2009** 1 This disposition is not designated for publication in the official reports. The patents in suit are U.S. Patent Nos. 6,928,734; 6,990,736; 7,032,314; and 7,076,972. Case No. C 07-1812 JF (HRL) O R D E R GRANTING MOTION FOR DEFAULT JUDGMENT ETC. ( JF L C 1 ) 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 filed a motion for entry of default against A'Jamais. The Clerk then entered default against A'Jamais on February 5, 2008. West's counsel has served A'Jamais with notice of the instant motion for default judgment. Upon default, the well-pleaded allegations in a complaint are considered to be true and sufficient to establish a defendant's liability. DirecTV, Inc. v. Huynh, 503 F.3d 847, 851 (9th Cir. 2007); Kingvision Pay-Per-View, Ltd. v. Backman, 102 F. Supp. 2d 1196, 1197 (N.D. Cal. 2000). This rule does not apply to allegations in the complaint regarding damages. Backman, 102 F. Supp. 2d at 1197. The FAC sought both injunctive and monetary relief, but West now only seeks the entry of an injunction permanently enjoining A'Jamais and its related entities from infringing the patents in suit. In light of the failure of A'Jamais to appear and good cause therefor appearing, IT IS HEREBY ORDERED that: 1. West's motion for default judgment will be GRANTED. Judgment is hereby entered establishing that A'Jamais has infringed each of the patents in suit as claimed by West in the FAC; 2. West's motion for entry of a order permanently enjoining A'Jamais from infringing the patents in suit is GRANTED; 3. A'Jamais, its officers, directors, employees, agents, licensees, subsidiaries, successors, assigns, and any persons or entities acting in active consort with A'Jamais are hereby restrained and enjoined, pursuant to 35 U.S.C. 283 and Fed. R. Civ. P. 65(d), from making, using, offering to sell or selling in the United States, or importing into the United States, any unlicensed products, either alone or in combination with any other product, and from infringing or inducing others to infringe any valid claims of the patents in suit; 4. A'Jamais shall provide written notice of the injunction ordered herein to its officers, directors, agents, servants, representatives, attorneys, employees, subsidiaries and affiliates, and those persons in active consort or participation with them, including any and all persons or entities who have supplied A'Jamais with any accused 2 C a s e No. C 07-1812 JF (HRL) O R D E R GRANTING MOTION FOR DEFAULT JUDGMENT ETC. ( JF L C 1 ) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 9. 8. 7. 6. 5. products or manufactured accused products on behalf of A'Jamais or provided materials or assistance to A'Jamais in connection with manufacturing and finishing the accused products; A'Jamais shall employ whatever means are necessary or appropriate to ensure compliance with this order; The permanent injunction shall run until expiration of the last operative patent of the patents in suit; This Court retains jurisdiction over A'Jamais to enforce any and all aspects of this order; No damages shall be awarded to West, and each side shall bear its own costs and attorney's fees; and Damages, if any, or other relief sought pursuant to the granting of this permanent injunction, or related to the violation of any of the terms thereof, shall be calculated from the date of the filing of the original complaint in this action. IT IS SO ORDERED. DATED: May 6, 2009 JEREMY FOGEL United States District Judge 3 C a s e No. C 07-1812 JF (HRL) O R D E R GRANTING MOTION FOR DEFAULT JUDGMENT ETC. ( JF L C 1 ) 1 2 3 4 5 6 7 This Order has been served upon the following persons: Andrew H Stone astone@joneswaldo.com akuykendall@flk.com Anne W Kuykendall Brent T. Winder Brett D. Ekins bwinder@joneswaldo.com bekins@joneswaldo.com, lcheney@joneswaldo.com Edward Vincent King , Jr evking@kingandkelleher.com, alindsay@kingandkelleher.com, mwebb@kingandkelleher.com Michael F. Kelleher mkelleher@flk.com 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 C a s e No. C 07-1812 JF (HRL) O R D E R GRANTING MOTION FOR DEFAULT JUDGMENT ETC. ( JF L C 1 ) Raymond Joseph Trojan trojan@trojanlawoffices.com, crucillo@trojanlawoffices.com, kim@trojanlawoffices.com, speier@trojanlawoffices.com, Trojanlaw@aol.com Northstar Diamond, Inc. Sellar Hazard Manning Ficenec & Lai 1800 Sutter Street Suite 460 Concord, CA 94520 Smadar Dahan Crownring Inc. 8290 St. Laurent Boulevard Montreal, Canada

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