Comfort Wheels Inc. v. Shenzhen Miruisi Technology Co., Ltd.

District Court, E.D. Virginia

Comfort Wheels Inc. v. Shenzhen Miruisi Technology Co., Ltd.

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division COMFORT WHEELS, INC. ) Plaintiff, v. Civil Action No. 1:21-cv-556 SHENZHEN MIRUISI TECHNOLOGY, CO. LTD., ) Defendant. ORDER On August 20, 2021, United States Magistrate Judge John F. Anderson entered Proposed Findings of Fact and Recommendations (the “Report”) in this case, recommending that default judgment be entered in favor of Plaintiff Comfort Wheels, Inc. and against Defendant Shenzhen Miruisi Technology Co. Ltd. Upon consideration of the record and Judge Anderson’s Report, to which no objections have been filed, and having found no clear error, The Court ADOPTS, as its own, the findings of fact and recommendations of the United States Magistrate Judge, as set forth in the Report (Dkt. 17). Accordingly, It is hereby ORDERED that plaintiff's motion for default judgment (Dkt. 13) with respect to Count 1 is GRANTED.

' See Diamond v. Colonial Life & Acc. Ins. Co.,

416 F.3d 310, 315

(4th Cir. 2005) (in the absence of any objections to a magistrate’s report, the court “need not conduct a de novo review, but instead must ‘only satisfy itself that there is no clear error on the face of the record in order to accept the recommendation.””). ]

ltis further ORDERED that DEFAULT JUDGMENT be entered in favor of Plaintiff and against Defendant on Count I. It is DECLARED that Defendant's D892,010 design patent is INVALID for failure to comply with

35 U.S.C. § 102

(a}(1). Iris further ORDERED that Counts II, III, and [V of the complaint are dismissed without prejudice. The Clerk of the Court is directed to enter Rule 58 judgment against Defendant and in favor of Plaintiff. The Clerk is further directed to provide a copy of this Order to all counsel of record, to Defendant’s last known addresses of record, and to place this matter among the ended causes.

Alexandria, Virginia September 13, 2021

3.8. Elis, il United States Distri¢gt Tucge

Reference

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