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Cislo & Thomas
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Order | Filed: April 25, 2024 | Entered: April 25, 2024 DMF Inc v. AMP Plus Inc et al
Patent | California Central
Alter Judgment
(IN CHAMBERS) - PLAINTIFF DMF'S MOTION TO ALTER OR AMEND JUDGMENT OR, IN THE ALTERNATIVE, FOR A NEW TRIAL (Dkt. 750, filed on JANUARY 30, 2024) by Judge Christina A. Snyder: The Court DENIES DMF's motion to alter or amend the judgment or, in the alternative, for a new trial. However, although no revisions are necessary to the judgment, the following revisions are made to the Court's findings of fact and conclusions of law: Paragraph 15 is replaced with the following: "Under Halo, the concept of"willfulness" requires [the trier of fact] to find no more than deliberate orintentional infringement." Eko Brands, LLC v. Adrian Rivera MaynezEnterprises, Inc., 946 F.3d 1367, 1378 (Fed. Cir. 2020). "The subjectivewillfulness of a patent infringer, intentional or knowing, may warrantenhanced damages, without regard to whether his infringement wasobjectively reckless." Id. (quoting Halo Elecs., Inc. v. Pulse Elecs., Inc., 579U.S. 93, 105 (2016)). In other words, "[t]o establish willfulness, thepatentee must show the accused infringer had a specific intent to infringe atthe time of the challenged conduct." Bayer Healthcare LLC v. Baxalta Inc.,989 F.3d 964, 987 (Fed. Cir. 2021). Paragraph 21 and the last sentence of paragraph 50 are withdrawn. The last sentence of paragraph 32 is replaced with the following: ELCO responded to DMF's letter on September 21, 2018, contending that the '266 Patent was invalid. Tr. Ex. 164. Further, the Court sets a Final Pretrial Conference in this matter for May 20, 2024, at 11:00 a.m. The parties shall comply with the Local Rules of this District, and the instructions on the Court's webpage, regarding preparation for trial. The Court sets a trial in this matter for June 25, 2024, with counsel to appear at 8:30 a.m. The Court remindsthe parties that they must complete their trial presentations within the remaining time: 2 hours 53 minutes for DMF and 2 hours 28 minutes for ELCO. See Docket No. 741. IT IS SO ORDERED. See order for more information. (shb)
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Filed: April 25, 2024 | Entered: April 25, 2024 DMF Inc v. AMP Plus Inc et al
Patent | California Central
-Transcript Order Form (G-120)
TRANSCRIPT ORDER as to Plaintiff DMF, Inc. for Court Reporter. Court will contact Ben M. Davidson at ben@dlgla.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Davidson, Ben)
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Other Complaint | Filed: April 24, 2024 | Entered: April 24, 2024 Viktor Benes Continental Pastries, Inc. et al v. Frank Romano et al
Trademark | California Central
Amended Complaint/Petition
Second AMENDED COMPLAINT against Frank Romano, Frank Romano, Inc., Giuliana Romano, Tullio Mamolo, Mamolos Continental Bakery, LLC, Tullio Mamolo Continental Bakery d/b/a Viktor Benes Continental Bakery, and Does 1-10 All Defendants amending Complaint (Attorney Civil Case Opening), 1 , Amended Complaint/Petition, 18 , filed by Plaintiff Viktor Benes Continental Pastries, Inc (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Mankey, Caroline)
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