GoClips, LLC, and Z Keepers, LLC v. Along Tools, Inc, and Rizhao Along Abrasive Tools Co LTD

Summary

The United States District Court for the Southern District of Texas adopted a magistrate judge’s Memorandum and Recommendation concerning Plaintiffs’ motion for default judgment in a patent infringement action. The court overruled Plaintiffs’ objections regarding service on Rizhao Along Abrasive Tools Co. Ltd., granted default judgment against Along Tools, Inc., and denied it as to Rizhao. Along Tools was found liable for direct infringement and permanently enjoined from further infringing the ’754 patent.

Holdings

1. Plaintiffs failed to establish that service on Andy Zhao constituted adequate service on Rizhao under Nevada law; default judgment was therefore denied as to Rizhao.
2. The supplemental declaration was rejected as improperly submitted.
3. Default judgment was properly entered against Along Tools, Inc. for direct infringement of the asserted '754 patent, and Along Tools was permanently enjoined from further infringement.

Questions Presented

1. Whether service on Andy Zhao constituted adequate service on Rizhao Along Abrasive Tools Co. under Nevada law.
2. Whether Plaintiffs' supplemental declaration should be considered after the magistrate judge issued the Memorandum and Recommendation.
3. Whether default judgment should be entered against Along Tools, Inc. and Rizhao Along Abrasive Tools Co.

Disposition

other