The opinion of the court was delivered by: Honorable James V. Selna
JUDGMENT PURSUANT TO RULE 54(b)
Jury Verdict: June 30, 2008
The Court finds that pursuant to Rule 54(b) of the Federal Rules of Civil Procedure as to the parties and claims set forth below, there is no just reason for delay in the entry of judgment. Accordingly, Judgment in the above- captioned consolidated actions is entered as follows:
1. KW Automotive North America, Inc.
a) On Vertical Doors, Inc.'s ("VDI") claim of infringement of Claims 1-3 of United States Patent No. 6,845,547 ("the '547 Patent") against KW Automotive North America, Inc. ("KW"), judgment of non-infringement is entered in favor of KW.
b) On KW's counterclaim of non-infringement of Claims 1-3 of the '547 Patent, judgment of non-infringement is entered in favor of KW.
c) On KW's counterclaim of invalidity, the counterclaim is moot and dismissed without prejudice as a result of the determination of patent non-infringement, so as to be preserved in the event the determination of non- infringement in favor of KW is reversed, vacated, or otherwise altered (See Liquid Dynamics Corp v. Vaughan Company, Inc., 355 F.3d 1361, 1370-71 (Fed. Cir. 2004)).
d) KW and VDI are each to bear their own costs and attorney fees.
2. Dayton Imports Customs, LLC
a) The Court retains jurisdiction over defendant Dayton Imports Customs, LLC, an Ohio limited liability company, dba Recon Engineering, to allow VDI to apply for default judgment based upon the Clerk's entry of Default [Dkt. No. 45].
3. J T Bonn, Inc., Tony Yip, Bill Yip, and John Yip
On Vertical Doors, Inc.'s ("VDI") claims of infringement of Claims 8-10 of United States Patent No. 6,845,547 ("the '547 Patent") and claims of infringement of Claims 1-3 and 6-25 of United States Patent No. 7,059,655 ("the '655 Patent"), and claims of unfair competition under Cal. Bus. & Prof. § 17200 et. seq., all against J T Bonn, Inc., Tony Yip, Bill Yip, and John Yip (collectively "the JT Defendants"), judgment is entered in favor of VDI and against the JT Defendants as follows:
a) J T Bonn, Inc., Tony Yip, Bill Yip, and John Yip (the JT Defendants), are jointly and severally liable to Vertical Doors, Inc. (VDI) in the amount of $151,696.00, plus attorneys fees in the amount of $416,897.17, plus pre- judgment interest in the amount of $59,076.96, plus post- judgment interest at the rate of 0.69 percent per annum (the one year constant Treasury maturity yield for February 23, 2009 as Reported by the Federal Reserve Board ...