Opinion
Civil Action No. 11-4658 (SRC)
06-18-2012
KINEKT DESIGN, LLC and GLEN LIBERMAN, Plaintiffs, v. VERLYN KELLY MASON, Defendant.
Harry M. Baumgartner, Esq, (HB 7494) BRESSLER, AMERY & ROSS, P.C. Attorneys for Plaintiffs Kinekt Design, LLC and Glen Liberman
Harry M. Baumgartner, Esq, (HB 7494)
BRESSLER, AMERY & ROSS, P.C.
Attorneys for Plaintiffs
Kinekt Design, LLC and Glen Liberman
ORDER FOR PERMANENT INJUNCTION
AND ENTRY OF DEFAULT JUDGMENT
AGAINST DEFENDANT
VERLYN KELLY MASON
THIS MATTER, having been opened to the Court by Plaintiffs Kinekt Design, LLC, and Glen Liberman (collectively, "Plaintiffs"), by and through their attorneys, Bressler, Amery & Ross, P.C, for an Order Granting Permanent Injunction and Entry of Default Judgment against Defendant Verlyn Kelly Mason ("Defendant"); and the Court having considered the submissions of counsel for Plaintiffs and the facts as set forth in the Verified Complaint; and the Court having previously found that Defendant infringed upon United States Patent No. D639,199 held by Plaintiffs (the "Patent") in violation of 35 U.S.C. §271, causing Plaintiffs to suffer continuing and irreparable harm and necessitating the Issuance of an Order Granting Preliminary Injunction, dated September 7, 2011; and the Defendant having subsequently failed to respond to or fulfill the requirements of said Order; and the Defendant having failed to Answer the Verified Complaint, resulting in the entry of a Clerk's Order Granting Entry of Default, dated January 19, 2012; and the Court having further found that, as a result of and in addition to the foregoing, the Defendant willfully infringed upon the Patent, thereby entitling Plaintiffs to attorneys' fees pursuant to 35 U.S.C. § 285; and for good cause shown:
IT IS ON THIS 18th day of June, 2012:
ORDERED that the Patent is and remains valid and enforceable; and it is further
ORDERED that Defendant has infringed, and has induced others to infringe, the Patent; and it is further
ORDERED that Defendant, and all others in privity or participation with Defendant or on Defendant's behalf who receive actual notice or knowledge of this Order, be and are hereby immediately:
1. Permanently restrained and enjoined from:
a. Promoting, manufacturing, selling, advertising, offering for sale, distributing, shipping, or delivering any product that infringes upon the Patent, including, in particular, the "gear ring" that is the subject matter of the Verified Complaint, in the United States or any other country or jurisdiction;
b. Engaging in any acts or activities directly or indirectly calculated to trade upon the Patent or otherwise engaging in the infringement of the Patent in the United States or any other country or jurisdiction, including inducing or encouraging others to infringe upon the Patent; and it is further
ORDERED that Defendant to adhere to the foregoing restraints _______________________________________________ fees, costs, and such other damages or sanctions deemed appropriate by the Court; and it is further
ORDERED that, having considered the proofs submitted by Plaintiffs, and having further found the Defendant willfully infringed upon the Patent and willfully failed to comply with the Order Granting Preliminary Injunction entitling Plaintiffs to an award of attorneys fees, Default Judgment is hereby entered in favor of Plaintiffs and against Defendant in the amount of $21,980,41 ("Default Judgment Amount"); and it is further
ORDERED that Plaintiffs' counsel shall served a copy of this Order on Defendant within five days of receipt, and that electronic or overnight mail shall be deemed effective service; and it is further
ORDERED that the Clerk of the Court is hereby authorized to return to Defendants the $5,000 bond filed with the Court; and it is
ORDERED that the Court shall retain jurisdiction in this matter for the purpose of enforcing its terms; and it is further
ORDERED that Plaintiffs' counsel shall served a copy of this Order on Defendant within five days of receipt, and that electronic or overnight mail shall be deemed effective service.
________________________
Hon. Stanley R. Chester. U.S.D.J.