Evriholder Products, LLC v. Simply Lbs Ltd Company
- Ronnie Abrams
- 1:17-cv-04329
- U.S. District Court · Southern District of New York
- 2
In Evriholder Products v. Simply LBS, Judge Abrams adopted a damages report, awarded $325,153.76 plus interest and costs, and entered a permanent injunction.
Evriholder Products, LLC received damages, interest, and costs. Simply LBS Ltd Company and the persons and others acting in concert with it are subject to the permanent injunction concerning U.S. Design Patent No. D524,612.
What happened
Evriholder Products, LLC sued Simply LBS Ltd Company and others for infringing a design patent. Simply LBS did not answer or otherwise respond, and the court entered judgment against it in 2019.
The other defendants were voluntarily dismissed. The court sent the case to Magistrate Judge Moses to determine damages, and no party objected to his report recommending an award.
Judge Ronnie Abrams adopted the report in full, awarding Evriholder $325,153.76 in compensatory damages, interest at 3.75% from March 15, 2017, until judgment, and $202.87 in costs. She also entered a permanent injunction barring Simply LBS and specified related persons from infringing or inducing infringement of U.S. Design Patent No. D524,612 until the patent expires, and directed the clerk to close the case.
The detailed version
- Evriholder Products, LLC v. Simply Lbs Ltd Company · No. 1:17-cv-04329
- Ronnie Abrams
- Dec. 8, 2020
Background
Evriholder Products, LLC brought a patent-infringement action on June 8, 2017, against Simply LBS Ltd Company, Impulseev Ltd., Huanyu HK, Ltd., and John Does 1–10. Simply LBS failed to answer or otherwise respond to the complaint. The Court granted Evriholder’s request for default judgment on April 24, 2019. Evriholder later filed notices voluntarily dismissing the remaining defendants.
The Court referred the case to Magistrate Judge Moses for an inquest, meaning a proceeding to determine damages. Judge Moses issued a Report and Recommendation dated April 21, 2020. No objections were filed.
Ruling
Judge Ronnie Abrams reviewed the Report and Recommendation for clear error and adopted it in its entirety. The Court awarded Evriholder $325,153.76 in compensatory damages, prejudgment interest on that amount at 3.75% from March 15, 2017, through the date judgment was entered, and $202.87 in costs.
The Court also entered a permanent injunction prohibiting Simply LBS, its officers, directors, managing members, and others acting in concert with it from infringing or inducing infringement of U.S. Design Patent No. D524,612 until the patent expires. The Court stated that the parties’ failure to file written objections, despite the warning that this would waive objections for appeal purposes, precluded appellate review. The Clerk of Court was directed to close the case.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.