In a claim by plaintiff Balanced Body, Inc., of design patent infringement by defendants Guangzhou Oasis, LLC, related to Pilates equipment, Judge John Kronstadt, of the Central District of California, concluded that the damages analysis and estimation of Hemming Morse Partner, Christian Tregillis, was “well-reasoned and comprehensive,” granting an award for default judgment.
“Tregillis’s calculations are comprehensive and well-reasoned. They account for appropriate considerations, including the effect of bundling and non-U.S. sales, and reflect realistic expectations about Guangzhou Oasis’s sales, prices and cost margins. Moreover, it is clear that Plaintiff was diligent in its efforts to obtain all available data, produce evidence and gather appropriate information to support its calculations. Therefore, Plaintiff’s calculation of $1.47 million in damages is adequately supported. For this reason, Plaintiff’s request for money damages in this amount is GRANTED.”
The order: click here