Core Distribution, Inc. v. Xtreme Power (USA) Inc.

Justia Dockets & Filings Eighth Circuit Minnesota District Court Core Distribution, Inc. v. Xtreme Power (USA) Inc.

Core Distribution, Inc. v. Xtreme Power (USA) Inc.

Plaintiff:	Core Distribution, Inc.
Defendant:	Extreme Power (USA) Inc.
Case Number:	0:2015cv01547
Filed:	March 19, 2015
Court:	US District Court for the District of Minnesota
Office:	DMN Office
County:	Hennepin
Presiding Judge:	Donovan W. Frank
Presiding Judge:	Becky R. Thorson
Nature of Suit:	Patent
Cause of Action:	35 U.S.C. § 271
Jury Demanded By:	Plaintiff

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Date Filed	Document Text
July 13, 2015	Filing 21 ORDER GRANTING CORE'S MOTION FOR DEFAULT JUDGMENT. 1. Core's Motion for Default Judgment (Doc. No. 13 ) is GRANTED. 2. Defendant Xtreme Power (USA) Inc. (Xtreme) is liable for willful patent infringement, false advertising, and deceptive t rade practices. 3. Xtreme and its officers, agents, servants, directors, employees, affiliated entities, and those persons in active concert or participation with any of them are PERMANENTLY ENJOINED from: Further infringement of U.S. Patent No. 7,0 48,094 (the 094 patent); Continuing to import, manufacture, use, sell, or offer to sell the XtremePowerUS Portable 12.5' Aluminum Telescoping Extension Ladder and any other ladders that infringe the 094 patent; Directly or indirectly using in commerce or disseminating to the marketplace any materials, labels, promotional materials, advertising, or other goods containing any of the false or misleading statements described in Core's Complaint, or any advertising or labeling which comm unicate similar false or misleading messages. 4. Xtreme shall pay Core $438,000 in damages. 5. Xtreme shall pay Core its attorney fees and costs incurred in this action, which are in the amount of $20,452 in attorney fees and $1030.04 in costs. 6. Core is entitled to recover prejudgment interest at the Minnesota statutory rate from May 2014 until final judgment is entered. (Written Opinion). Signed by Judge Donovan W. Frank on 7/13/2015. (BJS)

Date Filed

Document Text

July 13, 2015

Filing 21 ORDER GRANTING CORE'S MOTION FOR DEFAULT JUDGMENT. 1. Core's Motion for Default Judgment (Doc. No. 13 ) is GRANTED. 2. Defendant Xtreme Power (USA) Inc. (Xtreme) is liable for willful patent infringement, false advertising, and deceptive t rade practices. 3. Xtreme and its officers, agents, servants, directors, employees, affiliated entities, and those persons in active concert or participation with any of them are PERMANENTLY ENJOINED from: Further infringement of U.S. Patent No. 7,0 48,094 (the 094 patent); Continuing to import, manufacture, use, sell, or offer to sell the XtremePowerUS Portable 12.5' Aluminum Telescoping Extension Ladder and any other ladders that infringe the 094 patent; Directly or indirectly using in commerce or disseminating to the marketplace any materials, labels, promotional materials, advertising, or other goods containing any of the false or misleading statements described in Core's Complaint, or any advertising or labeling which comm unicate similar false or misleading messages. 4. Xtreme shall pay Core $438,000 in damages. 5. Xtreme shall pay Core its attorney fees and costs incurred in this action, which are in the amount of $20,452 in attorney fees and $1030.04 in costs. 6. Core is entitled to recover prejudgment interest at the Minnesota statutory rate from May 2014 until final judgment is entered. (Written Opinion). Signed by Judge Donovan W. Frank on 7/13/2015. (BJS)

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Plaintiff: Core Distribution, Inc.
Represented By:	Grant D Fairbairn
Represented By:	Laura L Myers
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Defendant: Extreme Power (USA) Inc.
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