The opinion of the court was delivered by: Wilken, District Judge.
ORDER ADOPTING REPORT AND
RECOMMENDATION ON PLAINTIFF'S
MOTION FOR DEFAULT
In its first amended complaint, Plaintiff LG Electronics, Inc. (LGE)
alleged that Defendant Advance Creative Computer Corp. (ACC) and its
wholly owned subsidiary DTK Computer, Inc. (DTK) infringed six of
Plaintiffs' patents. Default was entered against ACC on October 11, 2001
and against DTK on November 13, 2001. Plaintiff filed a motion for
default judgment on December 17, 2001. That motion was referred to a
magistrate judge for a report and recommendation.
On April 12, 2002, the magistrate judge filed a Report and
Recommendation on Plaintiffs Motion for Default Judgment (Report). The
Report recommended enjoining Defendants from future infringement of
Plaintiffs patents, but did not identify specific ACC and DTK products in
the recommended injunction. In addition, the magistrate judge held that
Plaintiff had not provided sufficient evidence to justify its request for
$12,060,000 in damages. On April 26, 2002 Plaintiff objected to the
Report and moved for an award of damages against defaulting Defendants
enjoin Defendants from infringing specific products.
LGE's objection to the Report and Recommendation — with respect
to both the damage calculation and the scope of the recommended
injunction — is based on its contention that the magistrate judge
erred in refusing to credit Defendants' failure to respond to LGE's
requests for admissions. For the reasons stated in the Report, that
objection is overruled (Docket #107). The Court adopts Magistrate Judge
Laporte's Report and Recommendation (Docket #58) and enters default
This Court having previously entered default against Defendant Advance
Creative Computer Corp. (ACC) for failure to answer the First Amended
Complaint duly served upon ACC by Plaintiff LG Electronics, Inc. (LGE),
and against Defendant DTK Computer, Inc. (DTK) for failure to obey a
pretrial scheduling order, failure to appear at a scheduling conference,
failure to participate in a scheduling conference in good faith, and/or
failure to otherwise defend this action and LGE having applied to this
Court for the entry of default judgment,
1. ACC and DTK have infringed United States Patent Nos. 4,918,645;
4,926,419; 4,939,641; 5,077,733; 5,379,379; 5,892,509.
2. ACC and DTK, their officers, agents, servants, employees and those
persons in active concert or participation with them, during the period
commencing upon the date of entry of this default judgment and for the
remainders of the respective terms of each of the patents-in-suit, are
hereby enjoined and restrained from making, using, offering for sale, or
selling in or importing into the United States any computer system that
infringes the patents-in-suit, or contributing to such infringement or
inducing others to do so.
3. LGE has not established that it is entitled to any damages from ACC
or DTK for infringement of the patents in suit.
REPORT AND RECOMMENDATION
ON PLAINTIFF'S MOTION FOR
Upon consideration of the parties' oral arguments and their
submissions, good cause appearing, and for the reasons set forth below,
the following is the Court's Report and Recommendation to the Honorable
Claudia Wilken on a motion for default judgment filed by plaintiff LG
Electronics Incorporated ("LGE") against defendants Advanced Creative
Computer Corporation ("ACC") and DTK Computer Incorporated ("DTK").
LGE's First Amended Complaint alleges that ACC and DTK are infringing
six different patents owned by LGE:
1. United States Patent No. 4,918,645, entitled "Computer Bus Having
Page Mode Memory Access.
2. United States Patent No, 4,926,419, entitled "Priority Apparatus."
3. United States Patent No. 4,939,641, entitled "Multi-Processor System
with Cache Memories."
4. United States Patent No. 5,077,733, entitled "Priority Apparatus
Having Programmable Node Dwell Time."
5. United States Patent No. 5,379,379, entitled "Memory Control Unit
With Selective Execution of ...