Omix Ada, Inc. v. Qingdao Hairunkaiyun Auto Parts Co., LTD. et al

Filing 30

FINAL JUDGMENT By Default Pursuant to FRCP 55(b). Signed by Judge Miranda M. Du on 10/5/2018. (Copies have been distributed pursuant to the NEF - LH) Modified on 10/5/2018 to capitalize and correct file date(LH).

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DICKINSON WRIGHT PLLC
JOHN L. KRIEGER
Nevada Bar No. 6023
Email: [e-mail]
JOEL Z. SCHWARZ
Nevada Bar No. 9181
Email: [e-mail]
CHRISTIAN T. SPAULDING
Nevada Bar No. 14277
Email: [e-mail]
8363 West Sunset Road, Suite 200
Las Vegas, Nevada 89113-2210
Tel: [phone]
Fax: [phone]
Attorneys for Plaintiff Omix-ADA, Inc.
UNITED STATES DISTRICT COURT

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8363 West Sunset Road, Suite 200
Las Vegas, Nevada 89113-2210

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DISTRICT OF NEVADA

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OMIX-ADA, INC., a Georgia Corporation,

CASE NO. 2:17-CV-02748-MMD-PAL
FINAL JUDGMENT BY DEFAULT
PURSUANT TO FRCP 55(b)

Plaintiff,

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v.

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QINGDAO HAIRUNKAIYUAN AUTO PARTS
CO., LTD., A/K/A SHANGDONG KAIYUAN
VEHICLE PARTS CO., LTD., a foreign
company,

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Defendant.

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The Court, having duly considered OMIX-ADA, INC.’s (“Omix”) Motion for Final

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Judgment

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HAIRUNKAIYUAN AUTO PARTS CO., LTD., a/k/a SHANGDONG KAIYUAN VEHICLE

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PARTS CO., LTD. (“Hairunkaiyuan” or “Defendant”), hereby enters final judgment against

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Defendant pursuant to Rule 55(b) of the Federal Rules of Civil Procedure.

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and

Permanent

Injunction

by

Default

against

Defendant

QINGDAO

IT IS ORDERED Omix’s Motion for Final Judgment and Permanent Injunction by

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Default is granted.

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IT IS FURTHER ORDERED that judgment is entered against Defendant for willfully
infringing Omix’s United States Patent No. US D692,290 S in violation of 35 U.S.C. § 271.

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IT IS FURTHER ORDERED that Defendants and its officers, agents, servants,

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employees and attorneys, and all other persons acting in active concert or participation with any

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of them, are hereby permanently enjoined from infringing Omix’s United States Patent No. US

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D692,290 S including, but not limited to, making, using, selling, offering to sell, and importing

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into the United States products covered by U.S. Patent No. US D692,290 S and colorable

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imitations thereof pursuant to 15 U.S.C. § 283 and Rule 65(d) of the Federal Rules of Civil

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Procedure.

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8363 West Sunset Road, Suite 200
Las Vegas, Nevada 89113-2210

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IT IS FURTHER ORDERED that Defendants destroy any products which infringe on
Omix’s United States Patent No. US D692,290 S.

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IT IS FURTHER ORDERED that Defendants destroy or surrender all tooling.

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IT IS FURTHER ORDERED that the United States Customs and Border Protection

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seize all of Defendants’ products which infringe on Omix’s United States Patent No. US

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D692,290 S which are coming into the United States.

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IT IS FURTHER ORDERED that Defendant notify its distributor(s) about this Order

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and direct them to cease distribution of any products which infringe on Omix’s United States

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Patent No. US D692, 290 S.

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IT IS FURTHER ORDERED that Omix recovers its reasonable attorneys’ fees, with

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prejudgment interest, and costs from the Defendants pursuant to 35 U.S.C. § 285 and Rule 54(d)

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of the Federal Rules of Civil Procedure. Omix shall file the information required by Local Rules

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54-1 and 54-14 within fourteen (14) days after the date of this order.

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IT IS FURTHER ORDERED that this Court retains jurisdiction over the parties to the
extent necessary to enforce the terms of this Order and the injunctive relief provided herein.
5th
4th
October 2018. 8:35
SIGNED AND ENTERED this ____ day of April 2018 at __________a.m./p.m.

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__________________________________________
UNITED STATES DISTRICT JUDGE

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