MENTOR GROUP, L.L.C. v. WU

Full title: MENTOR GROUP, L.L.C., Plaintiff, v. JOHN WU, an individual doing business…

Court: United States District Court, M.D. Florida, Orlando Division

Date published: Jun 11, 2010

Case No. 6:09-cv-874-Orl-28GJK (M.D. Fla. Jun. 11, 2010)

Opinion

Case No. 6:09-cv-874-Orl-28GJK.

June 11, 2010

ORDER

JOHN ANTOON II, District Judge

This case is before the Court on Plaintiff's Motion for Default Judgment (Doc. No. 20) filed March 18, 2010. The United States Magistrate Judge has submitted a report recommending that the motion be granted in part and denied in part.

After an independent de novo review of the record in this matter, and noting that no objections were timely filed, the Court agrees entirely with the findings of fact and conclusions of law in the Report and Recommendation. Therefore, it is ORDERED as follows:

1. That the Report and Recommendation filed May 19, 2010 (Doc. No. 21) is ADOPTED and CONFIRMED and made a part of this Order.

2. Plaintiff's Motion for Default Judgment is GRANTED in part and DENIED in part.

3. Default judgment is entered in favor of Plaintiffand against Defendant John Wu as set forth below.

4. Having defaulted, Defendant John Wu is deemed to have admitted, and thus does not dispute, that Plaintiff's U.S. Patent No. 6,550,832 is valid, and that at least one of claims 1-3 and 6-16 are infringed by those knives sold by Defendant that are listed in Exhibit 3 to the Complaint.

5. Having defaulted, Defendant John Wu is deemed to have admitted, and thus does not dispute, that Plaintiff's U.S. Patent 6,675,484 is valid, and that at least one of claims 1-5, 7-10, 12-18 and 20-44 are infringed by those knives sold by Defendant that are listed in Exhibit 3 to the Complaint,

6. Defendant John Wu, his agents, officers, assigns, and all others acting in concert with Defendant are permanently enjoined from making, using, selling, offering to sell within the United States, or importing into the United States, all knives listed on Exhibit 3 to the Complaint by any name or designation and any other knives or things that infringe U.S. Patent Nos. 6,550,832 or 6,675, 484.¹

1 The Complaint included U.S. Patent No. 5,822,866 but Plaintiff did not include the `866 patent in its proposed Default Judgment and Order (Doc. No. 20-1), and did not object to its exclusion in the Report and Recommendation; it is thus not included in this Order.

7. The Clerk is directed to enter judgment in favor of Plaintiff as set forth above and to then close this file.

DONE and ORDERED in Chambers, Orlando, Florida.