Hypertherm, Inc. v. Profile Cutting Technologies Ltd. et al

Filing 22

ORDER Adopting and Accepting 21 Report and Recommendation. Granting the permanent injunction and attorneys fees. Granting 16 Motion for Default Judgment. Signed by Chief Judge Gloria M. Navarro on 1/13/2014. (Copies have been distributed pursuant to the NEF - SLR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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HYPERTHERM, INC.,

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)
Plaintiff,
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vs.
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PROFILE CUTTING TECHNOLOGIES )
LTD., et al.,
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Defendants.
)
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Case No.: 2:12-cv-01952-GMN-VCF
ORDER ACCEPTING REPORT &
RECOMMENDATION OF MAGISTRATE
JUDGE FERENBACH

Before the Court for consideration is the Report and Recommendation (ECF No. 21) of
the Honorable Cam Ferenbach, United States Magistrate Judge, entered December 17, 2013.

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Pursuant to Local Rule IB 3-2(a), objections were due by January 3, 2014. No objections

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have been filed. In accordance with 28 U.S.C. § 636(b)(1) and Local Rule IB 1-4, the Court has

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reviewed the record in this case and has determined that Magistrate Judge Ferenbach’s

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Recommendation should be ACCEPTED and ADOPTED to the extent that it is not inconsistent

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with this Order.

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IT IS THEREFORE ORDERED that the permanent injunction and attorneys’ fees are
GRANTED as set forth in Exhibit 1 attached hereto.
IT IS FURTHER ORDERED that Plaintiff’s Motion for Default Judgment is
GRANTED consistent with this Order.

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The Clerk shall enter judgment accordingly.

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DATED this 13th day of January, 2014.

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________________________________
Gloria M. Navarro, Chief Judge
United States District Court

Case 2:12-cv-01952-GMN-VCF Document 21 Filed 12/17/13 Page 2 of 5

Exhibit 1 

Exhibit 1 

Case 2:12-cv-01952-GMN-VCF Document 21 Filed 12/17/13 Page 3 of 5

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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HYPERTHERM, INC.,
Plaintiff,

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vs.

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PROFILE CUTTING TECHNOLOGIES LTD., et
al.,

2:12-cv-01952-GMN-VCF
DEFAULT FINAL JUDGMENT AND
PERMANENT INJUCTION ORDER

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Defendants.
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This action having been commenced by Plaintiff Hypertherm, Inc. ("Hypertherm") against
Defendants WestingCut Industrial Technology (Anhui) Inc., WestingCut Electric (Shanghai) Inc., and

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WestingCut Industrial Technology (Shanghai) Inc. (collectively, the "Defendants") for patent

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infringement pursuant to 35 U.S.C. § 271 for the reason that Defendants are making, selling, offering to

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sell, or using products infringing U.S. Patent Nos. 6,946,617; 8,115,136; 8,212,173; 7,829,816; and

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6,207,923 (collectively, the "Hypertherm Asserted Patents"), which are owned and controlled by

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Hypertherm; and

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Defendants having been properly served through personal delivery ofthe Summons in a
Civil Action, Civil Cover Sheet and Complaint upon an authorized agent of Defendants; and

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None of the Defendants having filed a response to the Complaint or otherwise appeared in
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this action; and
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The Clerk of the Court having entered a default against each Defendant on May 16, 2013;

Case 2:12-cv-01952-GMN-VCF Document 21 Filed 12/17/13 Page 4 of 5

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and
Hypertherm having moved for final default judgment under Fed. R. Civ. P. 55(b) and Hypertherm
having shown, inter alia, the following:
1. Hypertherm owns all rights, title and interest in and to the Hypertherm Asserted
Patents; and
2. Defendants are making, selling, offering to sell, or using products infringing the
Hypertherm Asserted Patents in the United States, including this Judicial District; and so the Court:
HEREBY FINDS that each Defendant is liable for patent infringement and this Default Final
Judgment and Permanent Injunction Order is entered against each Defendant.

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THEREFORE, IT IS HEREBY ORDERED that Defendants, their predecessors,
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successors, assigns, executors, administrators, and its past, present and future officers, directors,
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employees, parents, subsidiaries, divisions, affiliates, partners, attorneys, representatives,
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shareholders, trustees, agents, advisors and any persons in active concert or participation with
them are permanently enjoined and restrained from:
(i)

making, selling, offering to sell, or using non-genuine
versions of original Hypertherm parts that are covered
by the Hypertherm Asserted Patents; and

(ii)

selling or offering to sell such non-genuine versions
of original Hypertherm parts that are covered by the
Hypertherm Asserted Patents by any means, including
at tradeshows and/or using online (internet) resources
and services; or

(iii)

using the "Made in U.S.A." designation on labels for
non-genuine parts that correspond to original
Hypertherm parts that are covered by the Hypertherm
Asserted Patents.

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IT IS FURTHER ORDERED, ADJUDGED AND DECREED that, pursuant to 35 U.S.C.

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Case 2:12-cv-01952-GMN-VCF Document 21 Filed 12/17/13 Page 5 of 5

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§ 285, Plaintiff is awarded reasonable attorney's fees, subject to plaintiff’s timely compliance with
Fed.R.Civ. P. 54(d) and Local Rules 54-16.
IT IS FINALL Y ORDERED that this Court shall retain jurisdiction over the parties and

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the subject matter of this litigation for the purposes of interpretation and enforcement of this

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Default Final Judgment and Permanent Injunction Order.

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IT IS SO ORDERED.

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DATED this 13th day of January, 2014.
DATED:_________________

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________________________________
Gloria M. Navarro, Chief Judge
________________________________
UNITED United States District Court
STATES DISTRICT JUDGE

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