FieldTurf USA, Inc. et al v. UBU Sports, Inc.

Filing 63

MOTION by Plaintiffs FieldTurf USA, Inc., Tarkett Inc. for judgment (Unopposed) (Attachments: # 1 Index of Exhibits, # 2 Text of Proposed Order)(Warner, Kevin)

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION FIELDTURF USA, INC., a Florida corporation; TARKETT INC., a Canadian corporation, Case No. 1:16-cv-5572 Hon. John Z. Lee Plaintiffs, v. UBU Sports, Inc., a Delaware corporation, Defendant. [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 infringement; 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 $780,000; 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 Dated: ________________________________ United States District Court Judge

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