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Intellectual Property
Patent Infringement
Unfair Competition

Razer Auto Inc. v. Omix-ADA Inc.

Published: Jul. 2, 2016 | Result Date: May 2, 2016 | Filing Date: Jan. 1, 1900 |

Case number: 5:16-cv-00300-AG-SP Settlement –  $144,000 on counter-claim

Court

USDC Central


Attorneys

Plaintiff

Eric A. Kelly


Defendant

Sean A. O'Brien
(Payne & Fears LLP)

Kirk W. Watkins


Facts

Razer Auto Inc. filed a complaint for declaratory judgment against Omix-ADA Inc. involving a patent dispute.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff marketed, sold, and/or otherwise made available in the market "stubby fender flares" for Jeep Wrangler vehicles. In so doing, defendant accused plaintiff of infringing on its patent, U.S. Design Patent D712,324. Plaintiff therefore filed this complaint for declaratory judgment of non-infringement and invalidity of defendant's asserted patent.

DEFENDANT'S CONTENTIONS:
Defendant denied plaintiff's substantial allegations and asserted various affirmative defenses. Defendant also filed a counterclaim against plaintiff.

Result

Defendant/counter-claimant Omix-ADA obtained a preliminary injunction on its counterclaim. The parties reached a consent judgment and entry of permanent injunction. Upon finding of infringement, the court required Razer to destroy all "Stubby" Fender Flares and pay Omix $144,000 in judgment.

Other Information

FILING DATE: Feb. 19, 2016.


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