FieldTurf USA, Inc. et al v. UBU Sports, Inc.
MOTION by Plaintiffs FieldTurf USA, Inc., Tarkett Inc. for judgment (Unopposed) (Attachments: # 1 Index of Exhibits, # 2 Text of Proposed Order)(Warner, Kevin)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ILLINOIS
FIELDTURF USA, INC., a Florida
corporation; TARKETT INC., a Canadian
Case No. 1:16-cv-5572
Hon. John Z. Lee
UBU Sports, Inc., a Delaware corporation,
[PROPOSED] ORDER AND JUDGMENT
Upon consideration of FieldTurf USA, Inc. and Tarkett Inc.’s (“FieldTurf”) Motion For
Entry of Default And Default Judgment Against Defendant And For Dismissal Of Defendant’s
Counterclaims With Prejudice For Want Of Prosecution (Dkt. No. 48), this Court having heard
the evidence before it hereby GRANTS in part and DENIES in part FieldTurf’s Motion, and
states as follows:
The Court, having personal jurisdiction over Defendant UBU Sports, Inc. (“UBU
Sports”), and UBU Sports declining to otherwise defend the case or to prosecute its
counterclaims, it is hereby ORDERED AND ADJUDGED that:
1. FieldTurf’s Motion for Entry of Default and Entry of Default Judgment Against
Defendant And For Dismissal Of Defendant’s Counterclaims With Prejudice For Want
Of Prosecution (Dkt. No. 48) is GRANTED in part and DENIED in part;
2. UBU Sports is deemed in default and this Final Judgment is entered against UBU Sports;
3. UBU Sports’ First Counterclaim (Non-Infringement), Second Counterclaim (Invalidity),
and Third Counterclaim (Inequitable Conduct) are dismissed with prejudice;
4. Judgment is entered in favor of FieldTurf on FieldTurf’s Count I for willful patent
5. Pursuant to 35 U.S.C. § 284, FieldTurf is awarded compensatory damages from UBU
Sports in the amount of $260,000;
6. Pursuant to 35 U.S.C. § 284, the compensatory damages award is hereby trebled to
7. FieldTurf’s request for attorneys’ fees is denied.
IT IS FURTHER ORDERED AND ADJUDGED that:
That the Court finds that there is no just reason for delay, and therefore, pursuant to Fed.
R. Civ. P. 54(b), the Court expressly directs the entry of judgment on all rulings made by the
Court shall operate as a final judgment as to UBU Sports.
IT IS SO ORDERED
United States District Court Judge
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