`
`UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF NEW YORK
`
`Civil Action No.:
`
`l:15-cv-10154 (PAE)(SDA)
`
`FOCUS PRODUCTS GROUP
`INTERNATIONAL, LLC, ZAHNER DESIGN
`GROUP, LTD., AND HOO KLESS SYSTEMS
`OF NORTH AMERICA, INC., SF HOME
`DECOR, LLC, SURE FIT HOME DECOR
`HOLDINGS CORP., and SURE FIT HOME
`PRODUCTS, LLC,
`
`Plaintiffs,
`
`v.
`KARTRI SALES COMPANY, INC. AND
`MARQUIS MILLS, INTERNATIONAL, INC.
`
`Defendants.
`
`FINAL JUDGMENT
`
`WHEREAS plaintiffs filed a Fourth Amended Complaint in this matter, including:
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`Count I for patent infringement; Count II for trademark infringement under Section 43(a) of the
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`Lanham Act, 15 U.S.C. §1125(a); and Count III under the New York Common Law of Unfair
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`Competition (Dkt. 148);
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`WHEREAS defendant Kartri Sales Company, Inc. ("Kartri") filed affirmative defenses
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`and Counterclaims thereto (Dkt. 150);
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`WHEREAS defendant Marquis Mills International, Inc. ("Marquis") filed affirmative
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`defenses and Counterclaims thereto (Dkt. 151);
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`WHEREAS, this Court issued an Order dated April 16, 2020 (Dkt. 297) on the parties'
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`respective motions for summary judgment on their claims, counterclaims, and defenses; an Order
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`dated May 3, 2020 (Dkt. 302) on defendants' Motion for Reconsideration, and an Order dated
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`January 4, 2021 (Dkt. 312) on plaintiffs' Motion for Reconsideration;
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`1
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`Case 1:15-cv-10154-PAE Document 542 Filed 06/15/23 Page 2 of 4
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`WHEREAS, the Court issued various pre-trial rulings thereafter addressing the claims,
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`counterclaims, and defenses that the parties proposed to assert at trial;
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`WHEREAS, the Court issued an Opinion and Order dated December 22, 2022 (Dkt.
`
`501) setting out the Court's findings of fact and conclusions of law pursuant to Fed. R. Civ. P.
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`52 on the parties' remaining claims and defenses, following a six-day bench trial;
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`WHEREAS, the Comt issued an Order dated June 5, 2023 (Dkt. 538) dismissing
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`plaintiffs claim for infringement of U.S. Design Patent No. D746,078 patent, and dismissing
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`Marquis' counterclaim for the invalidity of that patent, both without prejudice;
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`WHEREAS, the Court issued an Opinion and Order dated June 5, 2023 (Dkt. 539)
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`granting plaintiffs' motion for an award of reasonable attorneys' fees under the fee provisions of
`
`the Patent Act, 35 U.S.C. §285, and the Lanham Act, 15 U.S.C. l l l 7(a), and awarding pre-
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`judgment interest based on the interest rate on the yield of a one-year U.S. Treasury bill, post-
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`judgment interest, and costs; and,
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`WHEREAS, no further claims, counterclaims, or defenses remain to be adjudicated;
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`NOW THEREFORE, pursuant to Fed. R. Civ. P. 54 and 58, and upon all of the rulings
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`and proceedings in this matter, this Court hereby enters Final Judgment in accordance with its
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`prior Opinions, Orders, and rulings, and awards plaintiffs judgment against the defendants in the
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`amount of $2,938,337 in damages (Dkt. 539 at 33), $929,126.95 in attorneys' fees (id.), and pre-
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`judgment interest in the amount of$109,086.67, for a total of$3,976,550.62, plus costs.
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`In accordance with the Comt's Order dated June 8, 2023 (Dkt. 540), plaintiffs shall file a
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`bill of costs with the Clerk of Court as directed by Local Rule 54.1.
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`Post-judgment interest is also awarded from the date of this final judgment at the
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`statutory rate under 28 U.S.C. §1961, i.e. "a rate equal to the weekly average 1-year constant
`
`2
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`Case 1:15-cv-10154-PAE Document 542 Filed 06/15/23 Page 3 of 4
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`maturity Treasury yield, as published by the Board of Governors of the Federal Reserve
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`System, for the calendar week preceding," which is 5 .18% for the preceding week.
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`A permanent injunction under the Lanham Act and New York law is also awarded as set
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`forth in the Court's Opinion and Order of December 22, 2022 (Dkt. 501 at 167-168).
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`SO ORDERED.
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`Hoof,~ ~,;{:)ff
`
`United States District Judge
`June 14, 2023
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`3
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`Case 1:15-cv-10154-PAE Document 542 Filed 06/15/23 Page 4 of 4
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`CERTIFICATE OF SERVICE
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`I hereby certify that on June 14, 2023, a true and correct copy of the foregoing was
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`served on counsel ofrecord via the Court's ECF system.
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`Dated: June 14, 2023
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`Isl Morris E. Cohen
`
`Morris E. Cohen
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`4
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