Wing Pow International Corp v. Shenzhen Lingjuli Electronics Co Ltd et al

Filing 37

JUDGMENT by Judge John A. Kronstadt, in favor of Wing Pow International Corp against Shenzhen Lingjuli Electronics Co Ltd, Huiming Zhong. IT IS HEREBY ORDERED AND ADJUDGED: 1. That Defendants are subject to the jurisdiction of this Court; 2. That ser vice of the Defendants under the Hague Convention wasproperly conducted; 3. That Defendants failed to answer or otherwise respond to the Complaint within the time permitted by law; 4. That Defendants have failed to challenge in any way the Plaintiffs allegations of infringement or the validity or enforceability of the 717 Patent; 6. That Defendant Odeco sold infringing devices under the designations Rabbit Vibrator and Touch Rabbit Vibrator; 7. That Defendant Zhong facilitated and participated i n the unlawfulactivities; 8. That, because the allegations in the Complaint are taken as true, the Defendants infringed the 717 Patent under §§ 271(a)-(b); andIT IS, THEREFORE, FURTHER ORDERED, ADJUDGED AND DECREED THAT judgment should be, and hereby is, entered in favor of Plaintiff and against Defendant Odeco and Defendant Zhong. 5. That Defendants have not properly explained their failure to respond or otherwise appear (MD JS-6, Case Terminated). (shb)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 CENTRAL DISTRICT OF CALIFORNIA 9 WESTERN DIVISION 10 11 12 WING POW INTERNATIONAL CORP. Plaintiff, 13 14 15 16 vs. SHENZHEN LINGJULI ELECTRONICS CO. LTD., et al. Defendants. CASE NO. CV 12-04569 JAK (CWx) Honorable John A. Kronstadt JUDGMENT AGAINST SHENZHEN LINGJULI ELECTRONICS CO., LTD, (DBA ODECO LTD.) AND HUIMING ZHONG FOR INFRINGEMENT OF UNITED STATES PATENT NUMBER 7,828,717 17 JS-6 18 Complaint Filed: 05/24/2012 19 20 21 22 23 24 25 26 27 28 JUDGMENT 1 ORDER OF JUDGMENT AGAINST 2 SHENZHEN LINGJULI ELECTRONICS CO., LTD, DBA ODECO LTD., 3 AND HUIMING ZHONG FOR INFRINGEMENT OF UNITED STATES 4 PATENT NUMBER 7,828,717 5 6 THIS MATTER, having come before the Court on the Plaintiff’s Wing Pow 7 International Corporation (Plaintiff) Motion for Default Judgment, filed by Plaintiff 8 on May 21, 2013 (Ct. Dkt. #30), pursuant to the Federal Rules of Civil Procedure, 9 Rule 55, and Local Rule 55-1, and the Court, on January 15, 2013, (Ct. Dkt. #17) 10 having ORDERED a default against Defendants Shenzhen Lingjuli Electronics Co 11 Ltd (doing business as Odeco Ltd) (“Odeco”) and Huiming Zhong, (“Zhong”) 12 (hereinafter jointly referred to as “Defendants”) on Plaintiff’s Complaint for 13 Infringement of United States Patent No. 7,828,717 (the ‘717 Patent), filed by 14 Plaintiff on May 24, 2012, (Ct. Dkt. #1), and the Court having reviewed the 15 pleadings and being otherwise fully informed, and pursuant to the Order of July 10, 16 2013 (Ct. Dkt. #33) regarding Plaintiff’s Motion for Entry of Default Judgment in 17 regards to Defendants Odeco and Zhong, 18 WHEREFORE IT IS HEREBY ORDERED AND ADJUDGED: 19 1. That Defendants are subject to the jurisdiction of this Court; 20 2. That service of the Defendants under the Hague Convention was 21 properly conducted; 22 3. That Defendants failed to answer or otherwise respond to the 23 Complaint within the time permitted by law; 24 4. That Defendants have failed to challenge in any way the Plaintiff’s 25 allegations of infringement or the validity or enforceability of the ‘717 Patent; 26 5. That Defendants have not properly explained their failure to respond 27 or otherwise appear; 28 -1JUDGMENT 1 6. That Defendant Odeco sold infringing devices under the designations 2 “Rabbit Vibrator” and “Touch Rabbit Vibrator;” 3 7. That Defendant Zhong facilitated and participated in the unlawful 4 activities; 5 8. That, because the allegations in the Complaint are taken as true, the 6 Defendants infringed the ‘717 Patent under §§ 271(a)-(b); and 7 8 IT IS, THEREFORE, FURTHER ORDERED, ADJUDGED AND 9 DECREED THAT judgment should be, and hereby is, entered in favor of Plaintiff 10 and against Defendant Odeco and Defendant Zhong. 11 12 13 SO ORDERED, ADJUDGED, AND DECREED BY THE COURT this 6th day of August, 2013. 14 ____________________________ Hon. John A. Kronstadt United States District Court Judge 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2- JUDGMENT

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