Omix Ada, Inc. v. Qingdao Hairunkaiyun Auto Parts Co., LTD. et al, No. 2:2017cv02748 - Document 30 (D. Nev. 2018)

Court Description: 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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Omix Ada, Inc. v. Qingdao Hairunkaiyun Auto Parts Co., LTD. et al 1 2 3 4 5 6 7 8 8363 West Sunset Road, Suite 200 Las Vegas, Nevada 89113-2210 9 Doc. 30 DICKINSON WRIGHT PLLC JOHN L. KRIEGER Nevada Bar No. 6023 Email: jkrieger@dickinson-wright.com JOEL Z. SCHWARZ Nevada Bar No. 9181 Email: jschwarz@dickinson-wright.com CHRISTIAN T. SPAULDING Nevada Bar No. 14277 Email: cspaulding@dickinson-wright.com 8363 West Sunset Road, Suite 200 Las Vegas, Nevada 89113-2210 Tel: (702) 550-4400 Fax: (702) 382-1661 Attorneys for Plaintiff Omix-ADA, Inc. 10 UNITED STATES DISTRICT COURT 11 DISTRICT OF NEVADA 12 13 OMIX-ADA, INC., a Georgia Corporation, CASE NO. 2:17-CV-02748-MMD-PAL FINAL JUDGMENT BY DEFAULT PURSUANT TO FRCP 55(b) Plaintiff, 14 15 v. 16 QINGDAO HAIRUNKAIYUAN AUTO PARTS CO., LTD., A/K/A SHANGDONG KAIYUAN VEHICLE PARTS CO., LTD., a foreign company, 17 18 Defendant. 19 20 The Court, having duly considered OMIX-ADA, INC.’s (“Omix”) Motion for Final 21 Judgment 22 HAIRUNKAIYUAN AUTO PARTS CO., LTD., a/k/a SHANGDONG KAIYUAN VEHICLE 23 PARTS CO., LTD. (“Hairunkaiyuan” or “Defendant”), hereby enters final judgment against 24 Defendant pursuant to Rule 55(b) of the Federal Rules of Civil Procedure. 25 and Permanent Injunction by Default against Defendant QINGDAO IT IS ORDERED Omix’s Motion for Final Judgment and Permanent Injunction by 26 Default is granted. 27 /// 28 /// 1 Dockets.Justia.com 1 2 infringing Omix’s United States Patent No. US D692,290 S in violation of 35 U.S.C. § 271. 3 IT IS FURTHER ORDERED that Defendants and its officers, agents, servants, 4 employees and attorneys, and all other persons acting in active concert or participation with any 5 of them, are hereby permanently enjoined from infringing Omix’s United States Patent No. US 6 D692,290 S including, but not limited to, making, using, selling, offering to sell, and importing 7 into the United States products covered by U.S. Patent No. US D692,290 S and colorable 8 imitations thereof pursuant to 15 U.S.C. § 283 and Rule 65(d) of the Federal Rules of Civil 9 Procedure. 10 11 8363 West Sunset Road, Suite 200 Las Vegas, Nevada 89113-2210 IT IS FURTHER ORDERED that judgment is entered against Defendant for willfully IT IS FURTHER ORDERED that Defendants destroy any products which infringe on Omix’s United States Patent No. US D692,290 S. 12 IT IS FURTHER ORDERED that Defendants destroy or surrender all tooling. 13 IT IS FURTHER ORDERED that the United States Customs and Border Protection 14 seize all of Defendants’ products which infringe on Omix’s United States Patent No. US 15 D692,290 S which are coming into the United States. 16 IT IS FURTHER ORDERED that Defendant notify its distributor(s) about this Order 17 and direct them to cease distribution of any products which infringe on Omix’s United States 18 Patent No. US D692, 290 S. 19 IT IS FURTHER ORDERED that Omix recovers its reasonable attorneys’ fees, with 20 prejudgment interest, and costs from the Defendants pursuant to 35 U.S.C. § 285 and Rule 54(d) 21 of the Federal Rules of Civil Procedure. Omix shall file the information required by Local Rules 22 54-1 and 54-14 within fourteen (14) days after the date of this order. 23 24 25 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 day of April 8:35 October 2018. SIGNED AND ENTERED this ____ 2018 at __________a.m./p.m. 26 27 __________________________________________ UNITED STATES DISTRICT JUDGE 28 2