Seiko Epson Corp. v. Try The Ink LLC

          JAMES D. BOYLE, ESQ., SEAN E. STORY, ESQ. HOLLEY DRIGGS WALCH FINE PUZEY STEIN & THOMPSON TIGRAN GULEDJIAN, ESQ. RICHARD H. DOSS, ESQ. QUINN EMANUEL URQUHART & SULLIVAN, LLP Attorneys for Plaintiffs Seiko Epson Corporation, Epson America, Inc., and Epson Portland Inc.

          ORDER FINDING (1) PERSONAL JURISDICTION; (2) DEFAULT JUDGMENT; AND (3) PERMANENT INJUNCTION AS TO TRY THE INK, LLC AND INKPR02DAY LLC

          Honorable Robert C. Jones, United States District Judge

         This matter having come before the Court on Plaintiffs Seiko Epson Corporation, Epson American, Inc. and Epson Portland Inc.'s Motion for Finding of Personal Jurisdiction, Default Judgment, and Permanent Injunction as to Try The Ink, LLC and InkPro2day LLC (the "Motion"), and good cause appearing, it is hereby ORDERED, ADJUDGED, and DECREED as follows:

         FINDING OF PERSONAL JURISDICTION

         1. For the reasons provided in the Motion, for, inter alia, a finding of general personal jurisdiction as to defendant Try The Ink, LLC ("TTI"), this Court concludes that it has general personal jurisdiction over TTI because TTI is a registered Nevada Limited Liability Company and has a principal place of business in Las Vegas, Nevada.

         2. For the reasons provided in the Motion, for, inter alia, a finding of specific personal jurisdiction as to defendant InkPro2day LLC ("InkPro2day"), this Court concludes that InkPro2day has had sufficient contacts with the State of Nevada to support a finding that this Court has specific personal jurisdiction over InkPro2day in this matter.^[1]

         3. Accordingly, the Court grants Seiko Epson Corporation, Epson America, Inc. and Epson Portland Inc.'s Motion for a finding of personal jurisdiction as to defendants TTI and InkPro2day.

         DEFAULT JUDGMENT AND PERMANENT INJUNCTION FINDINGS OF FACT

         4. Plaintiff Seiko Epson Corporation ("Seiko Epson") is a corporation organized and existing under the laws of Japan. Its principal place of business is located at 3-3-5 Owa Suwa-shi Nagano-Ken, 392-8502, Japan. Seiko Epson is in the business of manufacturing and selling a wide variety of consumer, commercial and industrial products, including ink cartridges for use with Epson printers.

         5. Plaintiff Epson America, Inc. ("Epson America") is a corporation organized and existing under the laws of the State of California. Its principal place of business is located at 3840 Kilroy Airport Way, Long Beach, California 90806. As the North American sales, marketing, and customer service affiliate of Seiko Epson, Epson America is the exclusive licensee of the Epson Patents described below for distributing in the United States ink cartridges that are covered by the Epson Patents.

         6. Plaintiff Epson Portland Inc. ("Epson Portland") is a corporation organized and existing under the laws of the State of Oregon. Its principal place of business is located at 3950 NE Aloclek Place, Hillsboro, Oregon 97124. Epson Portland maintains an exclusive license to manufacture ink cartridges in the United States under the Epson Patents described below. Collectively, plaintiffs Seiko Epson, Epson America and Epson Portland are sometimes hereinafter referred to as "Epson" or "Plaintiffs."

         7. Defendant TTI is a limited liability company organized and existing under the laws of the State of Nevada. TTI's last known principal place of business is located at 3870 East Flamingo Road, Las Vegas, Nevada 89121. TTI has engaged in the business, among others, of manufacturing, offering for sale, and selling in the United States ink cartridges for use with Epson printers.

         8. Defendant InkPro2day is a limited liability company organized and existing under the laws of the State of California. InkPro2day's last know place of business is located at 3870 East Flamingo Road, Las Vegas, Nevada 89121. InkPro2day has engaged in the business, among others, of manufacturing, offering for sale, and selling in the United States ink cartridges for use with Epson printers.

         9. Defendants have sold within and offered to sell within the United States, including in the State of Nevada, aftermarket ink cartridges for use with Epson printers.

         10. Epson owns all right, title, and interest in, including the right to sue thereon and the right to recover for infringement thereof, the following United States patents:

a. United States Patent No. 6, 502, 917 ("the '917 patent"), which was duly and legally issued to Seiko Epson by the United States Patent and Trademark Office ...