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Wah Hung International Machinery, Inc. D/B/A Velocity Wheel; Tyfun v. Valley Custom Tire

January 17, 2013

WAH HUNG INTERNATIONAL MACHINERY, INC. D/B/A VELOCITY WHEEL; TYFUN INTERNATIONAL, INC.; JOHN ZHAO, PLAINTIFFS,
v.
VALLEY CUSTOM TIRE, INC. D/B/A VCT WHEELS ET AL., DEFENDANTS.



The opinion of the court was delivered by: Honorable Ronald S.W. Lew Senior, U.S. District Court Judge

STATEMENT OF UNCONTROVERTED FACTS AND CONCLUSIONS OF LAW Re: Defendant Valley Custom Tire, Inc.'s Motion for Summary Judgment [69]

After consideration of Defendant Valley Custom Tire, Inc. d/b/a VCT Wheels' ("VCT") Motion for Summary Judgment [69], this Court makes the following findings of fact and conclusions of law:

UNCONTROVERTED FACTS

1. Plaintiff John Zhao is the inventor of the following design patents (collectively, "Patents-in-Suit"):

a. U.S. Design Patent No. D617,720 S, titled

"Front Face of a Vehicle Wheel" ("the '720 Patent");

b. U.S. Design Patent No. D620,425 S, titled "Front Face of a Vehicle Wheel" ("the '425 Patent");

c. U.S. Design Patent No. D620,867 S, titled "Front Face of a Vehicle Wheel" ("the '867 Patent");

d. U.S. Design Patent No. D639,220 S, titled "Front Face of a Vehicle Wheel" ("the '220 Patent").

Def. VCT's Stmt. of Uncontroverted Facts ("SUF") ¶¶ 1-4; First Amended Compl. ("FAC") ¶¶ 11, 13, 15, 17.

2. Plaintiffs Wah Hung International Machinery, Inc. d/b/a Velocity Wheel ("Wah Hung"); Tyfun International, Inc. ("Tyfun"); and John Zhao ("Zhao") (collectively, "Plaintiffs") have identified that the following wheel models infringe on the Patents-in-Suit: Gitano G68, Gitano G78, Gitano G88, and Gitano G98 (collectively, the "accused products"). SUF ¶ 6; FAC

¶¶ 20-24.

3. VCT has not made or manufactured any of the accused products. SUF ...


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