MedTrak VNG, Inc. v. AcuNetx, Inc et al

Filing 61

DEFAULT JUDGMENT in favor of Plaintiff MedTrak VNG, Inc. against Defendant AcuNetx, Inc in the amount of $2,892,086.75 and for Attorney's Fees and Costs in the amount of $130,124.57. Signed by Judge Lloyd D. George on 03/05/2014. (Copies have been distributed pursuant to the NEF - AC)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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MEDTRAK VNG, INC.,

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Plaintiff,

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v.

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Case No. 2:12-cv-00853-LDG (GWF)

ACUNETX, INC., et al.,

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DEFAULT JUDGMENT

Defendants.

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This matter having come before the Court on Plaintiff MedTrak VNG, Inc.’s Motion

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for Default Judgment against Defendant AcuNetx, Inc. (#58), and the Court having granted

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that motion, therefore,

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THE COURT ORDERS AND ADJUDGES that Plaintiff MedTrak VNG, Inc. recover

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from the Defendant AcuNetx, Inc. the amount of $2,892,086.75 in damages; and that

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Plaintiff MedTrak VNG, Inc. recover from Defendant AcuNetx, Inc. the amount of

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$130,124.57 in attorney’s fees and costs;

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THE COURT FURTHER PERMANENTLY ENJOINS Defendant AcuNetx, Inc. and

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its officers, agents, servants, employees and all persons acting in concert or participation

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with AcuNetx, Inc. from:

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Making any representation that they have any ownership in, or

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rights to, the VNG Software, the VNG FDA 510(k) Registration

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(FDA 510(k) Number K925111) or any subsequent FDA 510(k)

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registration based thereon (including, without limitation FDA

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510(k) Number 2028047 and 3009391819) and related

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intellectual property in Plaintiff’s VNG device;

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2.

Making any representation that MedTrak does not own, or have

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rights to, the VNG Software, the FDA 510(k) registration (FDA

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510(k) Number K925111) or any subsequent FDA 510(k)

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registration based thereon (e.g. FDA 510(k) 3009391819) and

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related intellectual property in Plaintiff’s VNG device;

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3.

Engaging in any infringing conduct including without limitation,

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the manufacture, sale, distribution, marketing or offering of

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Plaintiff’s VNG device or the copying distribution, or use of the

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VNG Software; and

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4.

Contacting any prior, current, or known potential clients,

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customers, users, vendors or distributors of the Plaintiff or

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Plaintiff’s VNG devices in relation to the VNG Software or the

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VNG devices.

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DATED this ______ day of March, 2014.

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Lloyd D. George
United States District Judge

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