Seiko Epson Corporation, a Japan corporation v. Prinko Image Co. USA, Inc.

COMPLAINT Receipt No: 0973-20037549 - Fee: $400, filed by Plaintiffs Seiko Epson Corporation, a Japan corporation, Epson Portland Inc., an Oregon corporation, Epson America, Inc., a California corporation. (Attachments: # 1 Exhibit A to Complaint, # 2 Exhibit B to Complaint, # 3 Exhibit C to Complaint, # 4 Exhibit D to Complaint) (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), Attorney Richard H Doss added to party Seiko Epson Corporation, a Japan corporation(pty:pla))(Doss, Richard) (Entered: 06/16/2017)

2017-06-16

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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: 06/16/2017)

2017-06-16

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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: 06/16/2017)

2017-06-16

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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, (Doss, Richard) (Entered: 06/16/2017)

2017-06-16

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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: 06/16/2017)

2017-06-16

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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: 06/16/2017)

2017-06-16

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NOTICE OF ASSIGNMENT to District Judge Dolly M. Gee and Magistrate Judge Jacqueline Chooljian. (ghap) (Entered: 06/19/2017)

2017-06-19

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NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap) (Entered: 06/19/2017)

2017-06-19

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NOTICE OF DEFICIENCIES in Request to Issue Summons RE: Summons Request, 3 . The following error(s) was found: The caption of the summons must match the caption of the complaint verbatim. If the caption is too large to fit in the space provided, enter the name of the first party and then write see attached.Next, attach a face page of the complaint or a second page addendum to the Summons. The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (ghap) (Entered: 06/19/2017)

2017-06-19

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Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening),, 1 filed by plaintiff Epson Portland Inc., Epson America, Inc., Seiko Epson Corporation. (Doss, Richard) (Entered: 06/19/2017)

2017-06-19

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ORDER TO TRANSFER CASE TO THE PATENT PILOT PROGRAM by Judge Dolly M. Gee. Case transferred from Judge Dolly M. Gee to Judge Andre Birotte Jr for all further proceedings. Case number now reads 2:17-cv-04501 AB(JCx). (rn) (Entered: 06/20/2017)

2017-06-20

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NOTICE OF DEFICIENCIES in Request to Issue Summons RE: Complaint 1 . The following error(s) was found: Summons is not directed to the defendant(s). The defendant's name must appear in the "To:"section of the summons. The summons is directed to Chunming Chen, and should be directed to the Defendant. The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (gk) (Entered: 06/20/2017)

2017-06-20

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Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening),, 1 filed by plaintiff Epson Portland Inc., Epson America, Inc., Seiko Epson Corporation. (Doss, Richard) (Entered: 06/21/2017)

2017-06-21

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NOTICE of Related Cases filed by plaintiff Epson Portland Inc., Epson America, Inc., Seiko Epson Corporation. (Doss, Richard) (Entered: 06/23/2017)

2017-06-23

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21-Day Summons Issued re Complaint 1 as to Defendant Prinko Image Co. (USA), Inc. (gk) (Entered: 06/26/2017)

2017-06-26

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PROOF OF SERVICE Executed by Plaintiff Seiko Epson Corporation, Epson Portland Inc., Epson America, Inc., upon Defendant Prinko Image Co. USA, Inc. served on 6/27/2017, answer due 7/18/2017. Service of the Summons and Complaint were executed upon Ming Chen, Chief Financial Officer in compliance with statute not specified by service on a domestic corporation, unincorporated association, or public entity.Original Summons NOT returned. (Doss, Richard) (Entered: 07/07/2017)

2017-07-07

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NOTICE TO PARTIES by District Judge Andre Birotte Jr.: Effective Monday, July 31, 2017, Judge Birotte will hear all civil matters on Fridays at 10:00 a.m. Any hearing currently on calendar for Monday, July 31st or later will be heard Friday of the same week. Hearing deadlines in scheduling orders shall be read to reflect the same. Motions filed in the month of July will adhere to the current briefing schedule, with opposition and reply briefs due on Mondays. For any motion filed July 31, 2017, or later (noticed for hearing on Friday, September 1, 2017, or later) the briefing schedule shall adhere to Local Rules 7-9 and 7-10, these deadlines each falling on a Friday in accordance with the new Friday calendar dates: 21 days prior for opposition papers and 14 days prior for reply papers. All Jury Trials will still commence on Tuesdays. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rrp) TEXT ONLY ENTRY (Entered: 07/18/2017)

2017-07-18

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2017-07-18

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(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 August 3, 2017, why this action should not be dismissed for lack of prosecution. Pursuant to Rule 78 of the Federal Rules of Civil Procedure, the Court finds that this matter is appropriate for submission without oral argument. The Order to Show Cause will stand submitted upon the filing of Plaintiff(s) response. Failure to respond to this Order to Show Cause will be deemed consent to the dismissal of the action. (iv) (Entered: 07/20/2017)

2017-07-20

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RESPONSE filed by Plaintiffs Epson Portland Inc., Epson America, Inc., Seiko Epson Corporationto Order to Show Cause,, 18 Regarding Dismissal for Lack of Prosecution (Doss, Richard) (Entered: 08/03/2017)

2017-08-03

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MINUTE ORDER [In Chambers] Order To Show Cause Regarding Dismissal forLack of Prosecution by Judge Andre Birotte Jr. The Court is in receipt of Plaintiff's response to the Court's Order to Show Cause 19 . Plaintiff indicates that it must conduct discovery prior to applying for default judgment in this matter. However, this does not preclude Plaintiff from requesting entry of Defendant's default. As the Court stated in its July 20, 2017 Order to Show Cause 18, Plaintiff can satisfy the order by seeking entry of default against Defendant Prinko Image Co. USA, Inc. pursuant to Fed. R. Civ. P. 55(a). Accordingly,the Court orders Plaintiff to show cause, in writing, on or before August 28, 2017, why thisaction should not be dismissed for lack of prosecution. Plaintiff can satisfy this order by seeking entry of default or by dismissing the complaint. (lom) (Entered: 08/15/2017)

2017-08-15

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REQUEST for Clerk to Enter Default against defendant Prinko Image Co. USA, Inc. filed by plaintiff Seiko Epson Corporation, Epson Portland Inc., Epson America, Inc.. Request set for hearing on 11/6/2017 at 10:00 AM before Judge Andre Birotte Jr. (Attachments: # 1 Declaration of Richard H. Doss In Support of Plaintiffs' Request For Entry of Default of Defendant Prinko Image Co. (USA), Inc. Pursuant To F.R.C.P.55(a), # 2 Exhibit A to the Declaration of Richard H. Doss In Support of Plaintiffs' Request For Entry of Default of Defendant Prinko Image Co. (USA), Inc. Pursuant To F.R.C.P.55(a)) (Doss, Richard) (Entered: 08/28/2017)

2017-08-28

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NOTICE OF DEFICIENCY Re: Request for Entry of Default of Defendant Prinko Image Co. (USA), Inc. 21 . The Clerk cannot enter the requested relief as: Proof of Service is lacking required information. The proof of service does not indicate the statute under which service was made. Requesting party shall file a new Request/Application with noted deficiencies corrected in order to have default reconsidered. (gk) (Entered: 08/29/2017)

2017-08-29

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PROOF OF SERVICE Executed by Plaintiff Seiko Epson Corporation, Epson Portland Inc., Epson America, Inc., upon Defendant Service of the Summons and Complaint were executed upon Ming Chen, Chief Financial Officer in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity.Original Summons NOT returned. Amended Proof of Service (Doss, Richard) (Entered: 08/29/2017)

2017-08-29

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Amended REQUEST for Clerk to Enter Default against defendant Prinko Image Co. USA, Inc. filed by plaintiff Seiko Epson Corporation, Epson Portland Inc., Epson America, Inc.. Request set for hearing on 11/6/2017 at 10:00 AM before Judge Andre Birotte Jr. (Attachments: # 1 Declaration of Richard H. Doss In Support of Plaintiffs' Amended Request For Entry of Default of Defendant Prinko Image Co. (USA), Inc. Pursuant To F.R.C.P. 55(a), # 2 Exhibit A to the Declaration of Richard H. Doss In Support of Plaintiffs' Amended Request For Entry of Default of Defendant SoldCrazy USA LLC, Pursuant To F.R.C.P. 55(a), # 3 Exhibit B to the Declaration of Richard H. Doss In Support of Plaintiffs' Amended Request For Entry of Default of Defendant SoldCrazy USA LLC, Pursuant To F.R.C.P. 55(a)) (Doss, Richard) (Entered: 08/29/2017)

2017-08-29

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DEFAULT BY CLERK F.R.Civ.P.55(a) as to Prinko Image Co. (USA), Inc. (gk) (Entered: 08/30/2017)

2017-08-30

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(IN CHAMBERS) ORDER DISCHARGING ORDER TO SHOW CAUSE. On August 15, 2017, 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 August 29, 2017. 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: 08/31/2017)

2017-08-31

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Text Only Scheduling Notice

2017-08-31

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STRICKEN NOTICE OF MOTION AND MOTION for Order for Allowing Pre-Judgment Third Party Discovery filed by plaintiff Epson Portland Inc., Epson America, Inc., Seiko Epson Corporation. Motion set for hearing on 9/18/2017 at 10:00 AM before Judge Andre Birotte Jr. (Attachments: # 1 Proposed Order) (Doss, Richard) Modified on 9/12/2017 29 (iv). (Entered: 09/08/2017)

2017-09-08

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NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: NOTICE OF MOTION AND MOTION for Order for Allowing Pre-Judgment Third Party Discovery 27 . The following error(s) was/were found: Hearing information is missing, incorrect, or not timely. Incorrect event selected. Correct event to be used is: Discovery Motions > Discovery. Other error(s) with document(s): The filer used the event, Applications/Ex Parte Applications/Motions/Petitions/Requests > Order, for docketing this filing, and set the matter before the District Judge on 9/18/2017 at 10:00 AM. Discovery matters should be set before the Magistrate Judge. The noticed date is untimely pursuant to Local Rule 37-3. Lacking a Joint Stipulation pursuant to Local Rule 37-2.4. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (gk) (Entered: 09/12/2017)

2017-09-12

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RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: Plaintiff's Motion 27 by Judge Andre Birotte Jr. The document is stricken. (iv) (Entered: 09/12/2017)

2017-09-12

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NOTICE OF MOTION AND MOTION for Order for Allowing Pre-Default Judgment Third Party Discovery filed by plaintiff Epson Portland Inc., Epson America, Inc., Seiko Epson Corporation. Motion set for hearing on 10/17/2017 at 09:30 AM before Magistrate Judge Jacqueline Chooljian. (Attachments: # 1 Proposed Order)(Doss, Richard) (Entered: 09/20/2017)

2017-09-20

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MINUTES (IN CHAMBERS) ORDER (1) SUBMITTING AND VACATING HEARING ON PLAINTIFFS' MOTION FOR AN ORDER ALLOWING PRE-DEFAULT JUDGMENT THIRD PARTY DISCOVERY (DOCKET NO. 30 ); AND (2) GRANTING MOTION by Magistrate Judge Jacqueline Chooljian. The hearing calendared for October 17, 2017 is hereby vacated and the matter taken off calendar. SEE ORDER FOR DETAILS. (dml) (Entered: 10/05/2017)

2017-10-05

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(IN CHAMBERS) ORDER by Judge Andre Birotte Jr.: The Court hereby ORDERS Plaintiff to file a Status Report within 10 days of the issuance of this order. The Status Report shall indicate the status of pre-default discovery and state how much additional time, if any, Plaintiff anticipates needing to complete pre-default discovery. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cb) TEXT ONLY ENTRY (Entered: 01/29/2018)

2018-01-29

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Text Only Scheduling Notice

2018-01-29

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STATUS REPORT By Plaintiffs filed by Plaintiffs Epson Portland Inc., Epson America, Inc., Seiko Epson Corporation. (Doss, Richard) (Entered: 02/08/2018)

2018-02-08

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NOTICE TO PARTIES by U.S. Magistrate Judge Jacqueline Chooljian. Effective, April 11, 2018, Judge Chooljian will be located at the Edward R. Roybal Federal Building and U.S. Courthouse ("Roybal Building"), located at 255 East Temple Street, Los Angeles, California 90012. All Court appearances shall be made in Courtroom 750 on the 7th floor of the Roybal Building. All mandatory chambers copies shall be hand delivered to the judge's mail box located outside of the Clerk's Office on the 12th floor of the Roybal Building. Paper civil and criminal documents exempted from electronic filing shall be filed in Room 180 on the Terrace Level of the Roybal Building. Magistrate Judge Chooljian's Courtroom Deputy Clerk, Kerri Hays, may be reached at (213) 894-2921. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rrey) TEXT ONLY ENTRY (Entered: 04/10/2018)

2018-04-10

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2018-04-10

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(IN CHAMBERS) ORDER by Judge Andre Birotte Jr.: On February 8, 2018, Plaintiffs filed a Status Report indicating the status of pre-default discovery (Dkt. No. 33). In its report, Plaintiffs anticipated completing the necessary pre-default discovery within 45-60 days. To date, nothing has been filed. The Court hereby ORDERS Plaintiffs to file a Status Report within 10 days of the issuance of this order. The Status Report shall indicate the status of pre-default discovery and state how much additional time, if any, Plaintiffs anticipates needing to complete pre-default discovery. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cb) TEXT ONLY ENTRY (Entered: 07/10/2018)

2018-07-10

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NOTICE OF MOTION AND MOTION for Default Judgment against Defendant Prinko filed by Plaintiff Epson Portland Inc., Epson America, Inc., Seiko Epson Corporation. (Attachments: # 1 Memorandum, # 2 Declaration Doss, # 3 Proposed Order) (Doss, Richard) (Entered: 07/18/2018)

2018-07-18

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NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: NOTICE OF MOTION AND MOTION for Default Judgment against Defendant Prinko 36 . The following error(s) was/were found: Hearing information is missing, incorrect, or not timely. During the docketing sequence, the filer bypassed the screen to set the hearing date. Clerk shall place the noticed date of 8/24/2018 at 10:00 AM on calendar. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (gk) (Entered: 07/19/2018)

2018-07-19

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STATUS REPORT filed by Plaintiffs Epson Portland Inc., Epson America, Inc., Seiko Epson Corporation. (Doss, Richard) (Entered: 07/19/2018)

2018-07-19

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ORDER GRANTING PLAINTIFFS' MOTION FOR DEFAULT JUDGMENT 36 by Judge Andre Birotte Jr. The Court also GRANTS Plaintiffs' proposed permanent injunction. Plaintiffs shall file a proposed judgment within 21 days of the issuance of this order. (lom) (Entered: 08/22/2018)

2018-08-22

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NOTICE OF LODGING filed re Order on Motion for Default Judgment, 39 (Attachments: # 1 Proposed Order)(Doss, Richard) (Entered: 09/12/2018)

2018-09-12

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FINAL JUDGMENT, INCLUDING PERMANENT INJUNCTION, AGAINST DEFENDANT PRINKO IMAGE CO. (USA), INC. by Judge Andre Birotte Jr.: IT IS HEREBY FOUND, ORDERED, ADJUDGED, AND DECREED that Defendant Prinko Image Co. (USA), Inc. and its officers and directors, agents, servants, employees, attorneys, distributors, and affiliates, who are in active concert or participation with, through, or under them and who receive actual notice of this judgment by personal service or otherwise, are hereby permanently enjoined from the sale of the Accused Products, etc. This Judgment shall finally conclude and dispose of all claims and counterclaims of Plaintiffs against Defendant and Defendant 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: 09/25/2018)

2018-09-24

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REPORT ON THE DETERMINATION OF AN ACTION Regarding a Patent or Trademark. (Closing) (Attachments: # 1 Final Judgment Including Permanent Injunction) (gk) (Entered: 09/25/2018)

2018-09-25

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Overview

Parties

Defendant

Prinko Image Co. USA, Inc. Follow

Represented By

Epson America, Inc. Follow

Represented By

Plaintiff

Epson Portland Inc. Follow

Represented By

Seiko Epson Corporation Follow

Represented By

Court & Judges

Patents Involved

Docket Entries

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: 06/16/2017)

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: 06/16/2017)

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, (Doss, Richard) (Entered: 06/16/2017)

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: 06/16/2017)

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: 06/16/2017)

NOTICE OF ASSIGNMENT to District Judge Dolly M. Gee and Magistrate Judge Jacqueline Chooljian. (ghap) (Entered: 06/19/2017)

NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap) (Entered: 06/19/2017)

Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening),, 1 filed by plaintiff Epson Portland Inc., Epson America, Inc., Seiko Epson Corporation. (Doss, Richard) (Entered: 06/19/2017)

ORDER TO TRANSFER CASE TO THE PATENT PILOT PROGRAM by Judge Dolly M. Gee. Case transferred from Judge Dolly M. Gee to Judge Andre Birotte Jr for all further proceedings. Case number now reads 2:17-cv-04501 AB(JCx). (rn) (Entered: 06/20/2017)

Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening),, 1 filed by plaintiff Epson Portland Inc., Epson America, Inc., Seiko Epson Corporation. (Doss, Richard) (Entered: 06/21/2017)

NOTICE of Related Cases filed by plaintiff Epson Portland Inc., Epson America, Inc., Seiko Epson Corporation. (Doss, Richard) (Entered: 06/23/2017)

21-Day Summons Issued re Complaint 1 as to Defendant Prinko Image Co. (USA), Inc. (gk) (Entered: 06/26/2017)

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RESPONSE filed by Plaintiffs Epson Portland Inc., Epson America, Inc., Seiko Epson Corporationto Order to Show Cause,, 18 Regarding Dismissal for Lack of Prosecution (Doss, Richard) (Entered: 08/03/2017)

DEFAULT BY CLERK F.R.Civ.P.55(a) as to Prinko Image Co. (USA), Inc. (gk) (Entered: 08/30/2017)

Text Only Scheduling Notice

RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: Plaintiff's Motion 27 by Judge Andre Birotte Jr. The document is stricken. (iv) (Entered: 09/12/2017)

Text Only Scheduling Notice

STATUS REPORT By Plaintiffs filed by Plaintiffs Epson Portland Inc., Epson America, Inc., Seiko Epson Corporation. (Doss, Richard) (Entered: 02/08/2018)

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NOTICE OF MOTION AND MOTION for Default Judgment against Defendant Prinko filed by Plaintiff Epson Portland Inc., Epson America, Inc., Seiko Epson Corporation. (Attachments: # 1 Memorandum, # 2 Declaration Doss, # 3 Proposed Order) (Doss, Richard) (Entered: 07/18/2018)

STATUS REPORT filed by Plaintiffs Epson Portland Inc., Epson America, Inc., Seiko Epson Corporation. (Doss, Richard) (Entered: 07/19/2018)

ORDER GRANTING PLAINTIFFS' MOTION FOR DEFAULT JUDGMENT 36 by Judge Andre Birotte Jr. The Court also GRANTS Plaintiffs' proposed permanent injunction. Plaintiffs shall file a proposed judgment within 21 days of the issuance of this order. (lom) (Entered: 08/22/2018)

NOTICE OF LODGING filed re Order on Motion for Default Judgment, 39 (Attachments: # 1 Proposed Order)(Doss, Richard) (Entered: 09/12/2018)

REPORT ON THE DETERMINATION OF AN ACTION Regarding a Patent or Trademark. (Closing) (Attachments: # 1 Final Judgment Including Permanent Injunction) (gk) (Entered: 09/25/2018)

Track Case Updates

Prinko Image Co. USA, Inc.

Epson America, Inc.

Epson Portland Inc.

Seiko Epson Corporation