The opinion of the court was delivered by: Hon. Dale S. Fischer United States District Judge
This cause having come before this Court on the motion of Plaintiff Heeling Sports Limited ("Heeling" or "Plaintiff") for entry of partial default judgment and permanent injunction against Defendants New Century Footwear, Inc., AirSun Shoes USA, Inc., ACU Group, Inc., Jin-Fu Lei aka Jeffrey Lei aka Big Lei (collectively "Defendants");
AND, the Court having read and considered the pleadings, declarations and exhibits on file in this matter and having reviewed such evidence as was presented in support of Plaintiff's Motion;
AND, the Court having determined that a preliminary injunction instead of a permanent injunction is appropriate, the Court finds the following facts:
Plaintiff is the owner of all rights in and to certain patents including, but not limited to United States Patent No. 6,406,038 ("the '038 Patent"), United States Patent No. 6,739,602 ("the '602 Patent"), and United States Patent No. 6,746,026 ("the '026 Patent") (collectively "the Patents"), and all such Patents, and patent claims therein, are valid and enforceable.
At all relevant times Heeling has been and is now the sole and exclusive assignee and owner of all right, title, and interest to the Patents.
Heeling has not granted Defendants or to any of them any license or permission to use or exploit any of its patents, including the '038, '602 and the '026 Patents.
Defendants engage in the unauthorized import, distribution, offer for sale and/or sale of wheeled shoes directly infringing and inducing the infringement of the Patents, including but not limited to the items depicted in attached Exhibit A (the "Unauthorized Product"). Unauthorized Products include wheeled shoes directly infringing and inducing the infringement of the Patents that have one or more wheels in the heel which may be fixed, removable and/or retractable.
Defendants' importing, advertising, displaying, promoting, marketing, distributing, providing, offering for sale and selling of the Unauthorized Product was engaged in willfully and intentionally, without leave or license from Plaintiff, in violation of Plaintiff's rights in and to the Patents.
Therefore, based on the foregoing facts, and GOOD CAUSE APPEARING THEREFORE, THE COURT ORDERS that this Preliminary Injunction shall be and is hereby entered in the within action as follows:
1) This Court has jurisdiction over the parties to this action and over the subject matter hereof pursuant to 35 U.S.C. §§ 101 et seq., 28 U.S.C. §§ 1331 & 1338.
2) Service of process was properly made on the Defendants.
3) Defendants have manufactured, purchased, offered for sale, distributed, and/or sold unauthorized copies of products covered by Plaintiff's Patents which infringe upon the Patents.
4) The Defendants and their agents, servants, employees and all persons in active concert and participation with them who receive actual notice of the injunction are hereby restrained and preliminarily enjoined from infringing the Patents, either directly or indirectly, in any manner, including generally, but not limited to manufacturing, reproducing, importing, distributing, using, advertising, selling and/or offering for sale any Unauthorized Product, or ...