Case number 2:22-cv-04123
Seiko Epson Corporation et al v. Dongguan Ocbestjet Digital Technology Co., Ltd. et al > Documents
| Date Field | Doc. No. | Description (Pages) |
|---|---|---|
| May 12, 2023 | 38 | REPORT ON THE DETERMINATION OF AN ACTION Regarding a Patent or Trademark. (Closing) (Attachments: # 1 Final Judgment Including Permanent Injunction) (gk) (Entered: 05/12/2023) (0) |
| May 11, 2023 | 37 | FINAL JUDGMENT, INCLUDING PERMANENT INJUNCTION, AGAINST DEFENDANTS DONGGUAN OCBESTJET DIGITAL TECHNOLOGY CO., LTD. AND OCBESTJET PRINTER CONSUMABLES (HK) CO., LTD. by Judge Andre Birotte Jr.: IT IS HEREBY FOUND, ORDERED, ADJUDGED, AND DECREED that Defendants Donnguan Ocbestjet Digital Technology Co., Ltd. ("Ocbestjet China") and Ocbestjet Printer Consumables (HK) Co., Ltd. ("Ocbestjet HK")(collectively "Defendants"), and their officers and directors, agents, servants, employees, attorneys, distributors, and affiliates, who are in active concert or participation with, through, or under them, who receive actual notice of this judgment by personal service or otherwise, are hereby permanently enjoined from the sale of the Accused Products, or any other products that are no more than colorably different therefrom, and from any other acts that directly or indirectly infringe any of the claims of United States Patent No. 6,955,422 ("the '422 patent"), United States Patent No. 8,454,116 ("the '116 patent"), and United States Patent No. 8,794,749 ("the '749 patent") (collectively "the Asserted Patents"), and from causing, inducing or contributing to the infringement of any of the claims of the Asserted Patents by others. This Judgment shall finally conclude and dispose of all claims and counterclaims of Plaintiffs against Defendants and Defendants against Plaintiffs with prejudice. Each party shall bear its own costs and attorney's fees. See document for further details. (MD JS-6. Case Terminated) (gk) (Entered: 05/12/2023) (3) |
| Apr 26, 2023 | 36 | NOTICE OF LODGING filed re Order on Motion for Default Judgment, 35 (Attachments: # 1 Proposed Order Final Judgment, Including Permanent Injunction, Against Defendants Dongguan Ocbestjet Digital Technology Co., Ltd. and Ocbestjet Printer Consumables (HK) Co., Ltd.)(Doss, Richard) (Entered: 04/26/2023) (0) |
| Apr 18, 2023 | 35 | MINUTES (IN CHAMBERS) ORDER REGARDING PLAINTIFFS' MOTION FOR DEFAULT JUDGMENT by Judge Andre Birotte Jr.: The Court GRANTS Plaintiffs' motion for default judgment 32 . The Court finds that Defendants have infringed the '422, '749, and '116 Patents and the Wave Mark. The Court also GRANTS Plaintiffs' proposed permanent injunctions. Plaintiffs shall file a proposed judgment within 21 days of the issuance of this order. Court Reporter: N/A. (gk) (Entered: 04/18/2023) (13) |
| Mar 27, 2023 | 34 | ORDER GRANTING PLAINTIFFS' EX PARTE APPLICATION FOR LEAVE TO EXCEED PAGE LIMITS FOR MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF PLAINTIFFS' MOTION FOR ORDERS FINDING PERSONAL JURISDICTION, DEFAULT JUDGMENT, AND PERMANENT INJUNCTION 31 by Judge Andre Birotte Jr. See document for details. (gk) (Entered: 03/28/2023) (2) |
| Mar 24, 2023 | 33 | (IN CHAMBERS) ORDER DISCHARGING ORDER TO SHOW CAUSE. On March 9, 2023, the Court issued an Order to Show Cause why it should not dismiss this action for lack of prosecution. Plaintiff has filed a response to the Order to Show Cause re Lack of Prosecution on March 23, 2023. The Court deems that response satisfactory, and orders the Order to Show Cause discharged. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cb) TEXT ONLY ENTRY (Entered: 03/24/2023) (0) |
| Mar 23, 2023 | 32 | NOTICE OF MOTION AND MOTION for Default Judgment against Defendants Dongguan Ocbestjet Digital Technology Co., Ltd. and Ocbestjet Printer Consumables (HK) Co., Ltd. filed by Plaintiff Epson America, Inc., Epson Portland Inc., Seiko Epson Corporation. Motion set for hearing on 4/21/2023 at 10:00 AM before Judge Andre Birotte Jr. (Attachments: # 1 Memorandum of Points and Authorities In Support of Plaintiffs' Motion For Orders Finding Personal Jurisdiction, Default Judgment, and Permanent Injunction, # 2 Declaration of Richard H. Doss In Support of Plaintiffs' Motion For Orders Finding Personal Jurisdiction, Default Judgment, and Permanent Injunction, # 3 Proposed Order Finding Personal Jurisdiction, Default Judgment, and Permanent Injunction As To Defendants) (Doss, Richard) (Entered: 03/23/2023) (0) |
| Mar 23, 2023 | 31 | EX PARTE APPLICATION to Exceed Page Limitation Memorandum of Points and Authorities In Support of Plaintiffs' Motions For Orders Finding Personal Jurisdiction, Default Judgment, and Permanent Injunction filed by Plaintiff Epson America, Inc., Epson Portland Inc., Seiko Epson Corporation. (Attachments: # 1 Proposed Order Granting Plaintiffs' Ex Parte Application For Leave To Exceed Page Limits For Memorandum of Points and Authorities In Support of Plaintiffs' Motions For Orders Finding Personal Jurisdiction, Default Judgment, and Permanent Injunction) (Doss, Richard) (Entered: 03/23/2023) (0) |
| Mar 9, 2023 | 30 | MINUTES (IN CHAMBERS) Order To Show Cause Re: Dismissal for Lack of Prosecution by Judge Andre Birotte Jr.: The Court, on its own motion, orders Plaintiff(s) to show cause, in writing, on or before 3/23/2023, why this action should not be dismissed for lack of prosecution. This matter will stand submitted upon the filing of Plaintiff(s) response. Failure to respond will be deemed consent to the dismissal of the action. See document for further details. Court Reporter: N/A. (gk) (Entered: 03/10/2023) (2) |
| Jan 24, 2023 | 29 | DEFAULT BY CLERK F.R.Civ.P.55(a) as to Ocbestjet Digital Technology Co., Ltd. and Ocbestjet Printer Consumables (HK) Co., Ltd. (gk) (Entered: 01/24/2023) (1) |
| Jan 23, 2023 | 28 | MINUTES (IN CHAMBERS) ORDER ENTERING DEFAULT by Judge Andre Birotte Jr.: It appears from Plaintiffs' proofs of service that Plaintiffs have served in accordance with the Court's order granting alternative service. Accordingly, the Court enters DEFAULT as to Defendants Dongguan Ocbestjet Digital Technology Co., Ltd. and Ocbestjet Printer Consumables (HK) Co. Ltd. 25 . In the event Plaintiffs move for default judgment, Plaintiffs are hereby ORDERED to address in their motion what impact Article 15 of the Hague Service Convention has on the Court's ability to grant default judgment under Fed. R. Civ. P. 55. The Court's Order to Show Cause 24 is discharged. Court Reporter: N/A. (gk) (Entered: 01/24/2023) (1) |
| Jan 18, 2023 | 27 | RESPONSE filed by Plaintiffs Epson America, Inc., Epson Portland Inc., Seiko Epson Corporationto Minutes of In Chambers Order/Directive - no proceeding held,, Set/Reset Deadlines, 24 (Doss, Richard) (Entered: 01/18/2023) (3) |
| Jan 12, 2023 | 26 | NOTICE OF DEFICIENCY Re: Request for Entry of Default of Defendants Dongguan Ocbestjet Digital Technology Co., Ltd. and Ocbestjet Printer Consumables (HK) Co., Ltd. 25 . The Clerk cannot enter the requested relief as: On 11/3/2022, the Court granted alternative service upon foreign defendants. Clerk lacks authority to review default as to foreign service. Request for Entry of Default has been forwarded to the assigned Judge. (gk) (Entered: 01/12/2023) (2) |
| Jan 10, 2023 | 25 | REQUEST for Clerk to Enter Default against Defendant Dongguan Ocbestjet Digital Technology Co., Ltd., Ocbestjet Printer Consumables HK Co., Ltd. filed by Plaintiff Seiko Epson Corporation, Epson Portland Inc., Epson America, Inc.. (Attachments: # 1 Declaration of Richard H. Doss In Support of Request For Entry of Default Of Defendants Dongguan Ocbestjet Digital Technology Co., Ltd. and Ocbestjet Printer Consumables (HK) Co., Ltd., Pursuant to F.R.C.P. 55(a)) (Doss, Richard) (Entered: 01/10/2023) (0) |
| Jan 9, 2023 | 24 | MINUTES (IN CHAMBERS) Order To Show Cause Re: Dismissal for Lack of Prosecution by Judge Andre Birotte Jr.: The Court, on its own motion, orders Plaintiff(s) to show cause, in writing, on or before 1/20/2023, why this action should not be dismissed for lack of prosecution. This matter will stand submitted upon the filing of Plaintiff(s) response. See document for further details. Court Reporter: N/A. (gk) (Entered: 01/10/2023) (1) |
| Dec 1, 2022 | 23 | PROOF OF SERVICE Executed by Plaintiff Seiko Epson Corporation, Epson Portland Inc., Epson America, Inc., upon Defendant Ocbestjet Printer Consumables HK Co., Ltd. served on 12/1/2022, answer due 12/22/2022. in compliance with Federal Rules of Civil Procedure by substituted service by mail and by also mailing a copy.Original Summons NOT returned. (Doss, Richard) (Entered: 12/01/2022) (5) |
| Nov 29, 2022 | 22 | PROOF OF SERVICE Executed by Plaintiff Seiko Epson Corporation, Epson Portland Inc., Epson America, Inc., upon Defendant Dongguan Ocbestjet Digital Technology Co., Ltd. served on 11/10/2022, answer due 12/1/2022; Ocbestjet Printer Consumables HK Co., Ltd. served on 11/10/2022, answer due 12/1/2022. in compliance with Federal Rules of Civil Procedure by substituted service at business address and by also mailing a copy.Original Summons NOT returned. (Doss, Richard) (Entered: 11/29/2022) (7) |
| Nov 29, 2022 | 21 | PROOF OF SERVICE Executed by Plaintiff Seiko Epson Corporation, Epson Portland Inc., Epson America, Inc., upon Plaintiff Dongguan Ocbestjet Digital Technology Co., Ltd. served on 11/8/2022, answer due 11/29/2022; Ocbestjet Printer Consumables HK Co., Ltd. served on 11/8/2022, answer due 11/29/2022. in compliance with Federal Rules of Civil Procedure by substituted service at business address and by also mailing a copy.Original Summons NOT returned. (Doss, Richard) (Entered: 11/29/2022) (23) |
| Nov 3, 2022 | 20 | MINUTES (IN CHAMBERS) ORDER GRANTING APPROVAL OF ALTERNATIVE SERVICE by Judge Andre Birotte Jr.: Plaintiffs' Motion for Approval of Service Method 16 is GRANTED in part and DENIED in part. IT IS HEREBY ORDERED that Plaintiffs may complete service using the following means in combination, within 30 days of this Order: (1) Sending the summons, complaint, and other required materials ("Service Materials") to Defendants' email addresses, using the "return receipt requested" feature: (a) admin@ocbestjet.com; (b) winnne@ocbestjet.com; and (c) aocai2013@ocbestjet.com. (2) Sending a link to the Service Materials to Defendants via their: (a) Alibaba and AliExpress storefronts website messaging services; and (b) Facebook page messaging services. (3) Sending service documents by Federal Express, utilizing the "Proof of Delivery" tracking service, to Ocbestjet HK's corporate registered address of record: (a) Ocbestjet Printer Consumables (HK) Co., Ltd. RM 2301, 23 F/L, Worldwide House, 19 Des, Voeux Road Central Hong Kong. Any return of service on the above-listed Defendants that Plaintiffs file must include proof that Plaintiffs have attempted, at a minimum, to verify actual receipt of the email and social media messages. Court Reporter: N/A. (gk) (Entered: 11/03/2022) (6) |
| Oct 11, 2022 | 19 | MINUTES (IN CHAMBERS) ORDER DISCHARGING ORDER TO SHOW CAUSE by Judge Andre Birotte Jr.: The Court has reviewed Plaintiffs' Response 18 to the Court's Order to Show Cause ("OSC") why the Complaint in this matter should not be dismissed for lack of prosecution 15 . Plaintiffs represent that "Defendants are both foreign corporations." In light of the foregoing, the OSC is hereby DISCHARGED. See document for further details. Court Reporter: N/A. (gk) (Entered: 10/13/2022) (1) |
| Oct 6, 2022 | 18 | RESPONSE filed by Plaintiffs Epson America, Inc., Epson Portland Inc., Seiko Epson Corporationto Minutes of In Chambers Order/Directive - no proceeding held,,,, Set/Reset Deadlines,,, 15 (Doss, Richard) (Entered: 10/06/2022) (5) |
| Oct 6, 2022 | 17 | DECLARATION of Richard H. Doss in Support of NOTICE OF MOTION AND MOTION for Order for Approval of Service Method 16 filed by Plaintiffs Epson America, Inc., Epson Portland Inc., Seiko Epson Corporation. (Doss, Richard) (Entered: 10/06/2022) (9) |
| Oct 6, 2022 | 16 | NOTICE OF MOTION AND MOTION for Order for Approval of Service Method filed by Plaintiffs Epson America, Inc., Epson Portland Inc., Seiko Epson Corporation. Motion set for hearing on 11/4/2022 at 10:00 AM before Judge Andre Birotte Jr. (Attachments: # 1 Proposed Order) (Doss, Richard) (Entered: 10/06/2022) (0) |
| Sep 21, 2022 | 15 | MINUTES (IN CHAMBERS) Order To Show Cause Re: Dismissal for Lack of Prosecution by Judge Andre Birotte Jr.: The Court, on its own motion, orders Plaintiff(s) to show cause, in writing, on or before 10/6/2022, why this action should not be dismissed for lack of prosecution. This matter will stand submitted upon the filing of Plaintiff(s) response. Failure to respond will be deemed consent to the dismissal of the action. Absent a showing of good cause, an action must be dismissed without prejudice if the summons and complaint are not served on a Defendant within 90 days after the complaint is filed. Plaintiff(s) have failed to file a proof of service within 90 days of the filing of the Complaint on the Defendant(s). Court Reporter: N/A. (gk) (Entered: 09/22/2022) (2) |
| Jun 22, 2022 | 14 | STANDING ORDER upon filing of the complaint by Judge Andre Birotte Jr. (cb) (Entered: 06/22/2022) (14) |
| Jun 21, 2022 | 13 | ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 21-01-Related Case- filed. Related Case No: 2:17-cv-04501-AB (JCx). Case transferred from Magistrate Judge Jean P. Rosenbluth and Judge Christina A. Snyder to Judge Andre Birotte Jr and Magistrate Judge Jacqueline Chooljian for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:22-cv-04123-AB(JCx). Signed by Judge Andre Birotte Jr. (aco) (Entered: 06/21/2022) (1) |
| Jun 16, 2022 | 12 | 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), 1 as to Defendant Ocbestjet Printer Consumables HK Co., Ltd. (ghap) (Entered: 06/16/2022) (2) |
| Jun 16, 2022 | 11 | 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening),, 1 as to Defendant Dongguan Ocbestjet Digital Technology Co., Ltd. (ghap) (Entered: 06/16/2022) (2) |
| Jun 16, 2022 | 10 | Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (ghap) (Entered: 06/16/2022) (1) |
| Jun 16, 2022 | 9 | NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap) (Entered: 06/16/2022) (2) |
| Jun 16, 2022 | 8 | NOTICE OF ASSIGNMENT to District Judge Christina A. Snyder and Magistrate Judge Jean P. Rosenbluth. (ghap) (Entered: 06/16/2022) (1) |
| Jun 15, 2022 | 7 | Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening),, 1 filed by Plaintiffs Epson America, Inc., a California corporation, Epson Portland Inc., an Oregon corporation, Seiko Epson Corporation, a Japan corporation. (Doss, Richard) (Entered: 06/15/2022) (2) |
| Jun 15, 2022 | 6 | Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), 1 filed by Plaintiffs Epson America, Inc., a California corporation, Epson Portland Inc., an Oregon corporation, Seiko Epson Corporation, a Japan corporation. (Doss, Richard) Modified on 6/16/2022 (ghap). (Entered: 06/15/2022) (2) |
| Jun 15, 2022 | 5 | REPORT ON THE FILING OF AN ACTION Regarding a Patent or a Trademark (Initial Notification) filed by Epson America, Inc., a California corporation, Epson Portland Inc., an Oregon corporation, Seiko Epson Corporation, a Japan corporation. (Doss, Richard) (Entered: 06/15/2022) (1) |
| Jun 15, 2022 | 4 | CORPORATE DISCLOSURE STATEMENT filed by Plaintiffs Epson America, Inc., a California corporation, Epson Portland Inc., an Oregon corporation, Seiko Epson Corporation, a Japan corporation (Doss, Richard) (Entered: 06/15/2022) (2) |
| Jun 15, 2022 | 3 | Certification And Notice of Interested Parties filed by Plaintiffs Epson America, Inc., a California corporation, Epson Portland Inc., an Oregon corporation, Seiko Epson Corporation, a Japan corporation, identifying Seiko Epson Corporation, Epson America, Inc., Epson Portland Inc., Dongguan Ocbestjet Digital Technology Co., Ltd. Ocbestjet Printer Consumables (HK) Co., Ltd.. (Attorney Richard H Doss added to party Seiko Epson Corporation, a Japan corporation(pty:pla))(Doss, Richard) (Entered: 06/15/2022) (1) |
| Jun 15, 2022 | 2 | CIVIL COVER SHEET filed by Plaintiffs Epson America, Inc., a California corporation, Epson Portland Inc., an Oregon corporation, Seiko Epson Corporation, a Japan corporation. (Doss, Richard) (Entered: 06/15/2022) (3) |
| Jun 15, 2022 | 1 | COMPLAINT Receipt No: ACACDC-33477147 - Fee: $402, filed by Plaintiffs Epson Portland Inc., an Oregon corporation, Epson America, Inc., a California corporation. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G) (Attorney Richard H Doss added to party Epson America, Inc., a California corporation (pty:pla), Attorney Richard H Doss added to party Epson Portland Inc., an Oregon corporation (pty:pla))(Doss, Richard) (Entered: 06/15/2022) (0) |
