United States District Court, D. Nevada
SEIKO EPSON CORPORATION, a Japan corporation; EPSON AMERICA, INC., a California corporation; and EPSON PORTLAND INC., an Oregon corporation, Plaintiffs,
v.
TRY THE INK, LLC, a Nevada limited liability company; and INKPR02DAY LLC, a California limited liability company, Defendants.
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 ...