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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-Counterclaimant Wholesale Wheel & Tire, LLC's Motion for Summary Judgment [73]

After consideration of Defendant-Counterclaimant Wholesale Wheel & Tire, LLC's ("Wholesale Wheel") Motion for Summary Judgment [73], 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").

First Amended Compl. ("FAC") ¶¶ 11, 13, 15, 17.

2. Each of the Patents-in-Suit contain one claim: "The ornamental design for a front fact of a vehicle wheel, as shown and described." Each design patent contains two drawing figures, Figure 1 and Figure 2, showing the design. The Description states:

Fig. 1 is a perspective view of a front face of a vehicle wheel embodying my new design; and, Fig. 2 is a front view thereof.

The broken lines are for illustrative purposes only and form no part of the claimed design.

3. The Patents-in-Suit are designs for metal rims for vehicle wheels, which are manufactured in China and imported to the United States for sale. Def. Wholesale Wheel's ...


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