The opinion of the court was delivered by: Honorable James V. Selna
AMENDED JUDGMENT PURSUANT TO RULE 79
Jury Verdict: June 30, 2008
Judgment pursuant to Rule 54(b) of the Federal Rules of Civil Procedure was entered in the above-captioned consolidated actions on March 4, 2009 [Dkt. No. 516 in Case No. SA CV 05-905 JVS (ANx), and Dkt. No. 114 in Case No. SA CV 06-4972 JVS (ANx)].
The aforementioned Judgment is hereby amended, and this Amended Judgment is now entered pursuant to Rule 79 of the Federal Rules of Civil Procedure, 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) VDI dismisses Dayton Imports Customs, LLC, an Ohio limited liability company, dba Recon Engineering, without prejudice.
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 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 ...