Cyclone USA Inc v. LL&C Dealer Services, et al, No. 2:2003cv00992 - Document 745 (C.D. Cal. 2012)

Court Description: FINAL JUDGMENT by Magistrate Judge Andrew J. Wistrich, in favor of Sei Kim against Cyclone USA Inc, Related to: Errata, 744 . THEREFORE, IT IS ORDERED, ADJUDGED, and DECREED that: 1. The sum of $4,000,000 be awarded in favor of Sei Kim against Cyclone for Sei Kims competitive injury resulting from Cyclones 82,500 falsely marked Tornado III devices under 35 U.S.C. § 292(b). 2. The judgment in favor of Sei Kim is hereby offset by the $1,048,976 previously awarded in favor of Cyclone against Sei Kim. 3. That a final judgment in the amount of $2,951,024 be awarded in favor of Sei Kim against Cyclone. This Order constitutes final judgment under Rule 58 of the Federal Rules of Civil Procedure. IT IS SO ORDERED. (mz)

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Cyclone USA Inc v. LL&C Dealer Services, et al Doc. 745 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE CENTRAL DISTRICT OF CALIFORNIA 10 CYCLONE USA, INC., a Nevada corporation, 11 12 13 14 15 16 17 Case No. CV 03-0992-AJW FINAL JUDGMENT Plaintiff, v. Fed. R. Civ. P. 58 LL&C DEALER SERVICES, LLC, a California corporation; KOREAN INDUSTRIAL DESIGN CORPORATION, a Korean corporation; SEI KIM, an individual; and COFBEL CORPORATION, a California corporation, Defendants. 18 19 And Related Counterclaims and Third-Party Complaint 20 21 After a full trial on the merits on November 8, 2007, this Court found 22 Tornado Air Management System, Inc. (formerly known as Cyclone USA, Inc.) 23 (hereinafter “Cyclone”) liable for Sei Kim’s false patent marking claim pursuant to 24 35 U.S.C. § 292(a). On March 31, 2010, this Court entered a final judgment in this 25 action awarding Cyclone damages against Sei Kim in the amount of $1,048,976. 26 Sei Kim appealed the amount in damages awarded to the Ninth Circuit Court 27 of Appeals which remanded the case for a calculation of Cyclone’s liabilities for 28 Sei Kim’s competitive injury under the newly amended 35 U.S.C. § 292(b) on January 6, 2012. Currently pending before this Court is Sei Kim’s motion 1 [PROPOSED] FINAL JUDGMENT Case No. 03-0992 WMB (JWJx) 111147/000001/1580657.01 Dockets.Justia.com 1 requesting certain damages to compensate for its competitive injury resulting from 2 Cyclone’s false patent marking violation. 3 The parties have now entered into a settlement agreement and submitted a 4 joint stipulation for final judgment to fully and finally resolve this action. The 5 parties have stipulated that a judgment may be entered in the amount of $4,000,000 6 for Sei Kim’s competitive injury resulting from Cyclone’s 82,500 falsely marked 7 Tornado III devices under 35 U.S.C. § 292(b). The parties have further stipulated 8 that such amount should be offset by the $1,048,976 previously awarded in favor of 9 Cyclone against Sei Kim. The parties have stipulated that a final judgment should 10 be entered in favor of Sei Kim against Cyclone in the amount of $2,951,024. 11 THEREFORE, IT IS ORDERED, ADJUDGED, and DECREED that: 12 1. The sum of $4,000,000 be awarded in favor of Sei Kim against 13 Cyclone for Sei Kim’s competitive injury resulting from Cyclone’s 82,500 falsely 14 marked Tornado III devices under 35 U.S.C. § 292(b). 15 16 17 2. The judgment in favor of Sei Kim is hereby offset by the $1,048,976 previously awarded in favor of Cyclone against Sei Kim. 3. That a final judgment in the amount of $2,951,024 be awarded in 18 favor of Sei Kim against Cyclone. This Order constitutes final judgment under 19 Rule 58 of the Federal Rules of Civil Procedure. 20 21 IT IS SO ORDERED. 22 23 Dated: ____9/24/12____________ 24 _______________________________ Honorable Andrew J. Wistrich U.S. Magistrate Judge 25 26 27 28 2 [PROPOSED] FINAL JUDGMENT Case No. 03-0992 WMB (JWJx) 111147/000001/1580657.01

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