Evriholder Products, LLC v. Simply Lbs Ltd Company

Background

Evriholder Products, LLC brought a patent-infringement action against Simply LBS Ltd Company, Impulseev Ltd., Huanyu HK, Ltd., and John Does 1–10. The clerk entered default against Simply LBS. Evriholder later moved for default judgment and voluntarily dismissed Impulseev and Huanyu HK. Simply LBS did not appear at a court conference or respond to later filings.

Earlier rulings and recommendation

The court previously determined that Evriholder had standing—the legal ability to sue—to enforce the patent and entered default judgment against Simply LBS on Evriholder’s first cause of action for patent infringement. Evriholder had withdrawn its second cause of action under the Lanham Act without prejudice. The court referred damages and other relief to Magistrate Judge Moses.

Judge Moses recommended compensatory damages of $325,153.76, prejudgment interest at 3.75 percent from March 15, 2017, through the date judgment is entered, and $202.87 in costs. The recommendation also proposed a permanent injunction barring Simply LBS, its officers, directors, managing members, and others acting with it from infringing or inducing infringement of the patent until the patent expires.

Current order

No party had filed objections to the recommendation, but the docket did not clearly show that Simply LBS had been served with it. Judge Ronnie Abrams therefore ordered Evriholder to serve the recommendation on Simply LBS no later than October 16, 2020, and to file proof of service. The order gave Simply LBS until October 30, 2020, to file written objections. This order did not itself state that the damages recommendation or proposed injunction was adopted.