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`UNITED STATES DISTRICT COURT
`MIDDLE DISTRICT OF FLORIDA
`ORLANDO DIVISION
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`Civil Action No. 6:16-cv-00680-Orl-37GJK
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`LIGHTING SCIENCE GROUP
`CORPORATION,
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`Plaintiff,
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`v.
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`ENERGY EFFICIENT LIGHTING
`COMPANY LIMITED,
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`Defendant.
`______________________________/
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`MOTION FOR FINAL DEFAULT JUDGMENT
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`Plaintiff Lighting Science Group Corporation (“Lighting Science” or “Plaintiff”), by and
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`through the undersigned counsel, files herewith its Motion for Final Default Judgment against
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`Defendant Energy Efficient Lighting Company Limited (“EEL” or “Defendant”) pursuant to Fed.
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`R. Civ. P. 55(b)(2), and in support thereof, states as follows:
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`1. The Complaint in this case was filed on April 21, 2016. (DKT. 1). The Summons
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`was issued on April 22, 2016. (DKT. 2).
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`2. On April 26, 2016, Lighting Science, through the undersigned counsel, mailed a copy
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`of the Complaint and a Request to Waive Service to EEL in accordance with Fed. R. Civ. P. 4(d).
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`3. Lighting Science filed its Amended Complaint on June 20, 2016. (DKT. 13).
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`4. On June 23, 2016, counsel for EEL accepted service of the Amended Complaint, and
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`returned the Waiver of Service of Summons which was filed on the same day. (DKT. 14).
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`Page 1 of 3
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`Case 6:16-cv-00680-RBD-GJK Document 17 Filed 08/10/16 Page 2 of 3 PageID 294
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`5. Accordingly, EEL’s response to the Amended Complaint, pursuant to Fed. R. Civ. P.
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`15(a)(3), was due no later than July 26, 2016.
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`6. EEL failed to file a response to the Amended Complaint pursuant to Fed. R. Civ. P.
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`12, and therefore default was entered by the Clerk of the United States District Court, Middle
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`District of Florida, Orlando Division, on July 28, 2016, pursuant to Fed. R. Civ. P. 55(a). (DKT.
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`16).
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`7. Because due and legal service of process has been served upon and/or waived by
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`EEL, this Court has jurisdiction of the parties in this cause and its subject matter. The allegations
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`contained in the Complaint have been proved by competent evidence, the equities in this cause are
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`with Plaintiff, and Plaintiff is entitled to a judgment as a matter of law.
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`8. EEL is not an infant, incompetent person, or in the military service of the United
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`States.
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`WHEREFORE, Plaintiff Lighting Science Group Corporation requests entry of Final
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`Default Judgment against Defendant Energy Efficient Lighting Company Limited, and a finding
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`that:
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`a)
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`Defendant Energy Efficient Lighting Company Limited infringed Plaintiff’s rights
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`to Patent No. 8,201,968 (the “’968 Patent”), Patent No. 8,672,518 (the “’518 Patent”), and
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`Patent No. 8,967,844 (the “’844 Patent”);
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`b)
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`Plaintiff is entitled to entry of a permanent injunction prohibiting further
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`infringement of each of the ’968 Patent, the ‘518 Patent, and the ’844 Patent by Defendant,
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`its agents, employees, representatives, successors, and assigns, and those acting in privity
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`or in concert with Defendant, or alternatively a compulsory ongoing royalty owed to
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`Plaintiff by Defendant;
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`Page 2 of 3
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`Case 6:16-cv-00680-RBD-GJK Document 17 Filed 08/10/16 Page 3 of 3 PageID 295
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`c)
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`Plaintiff is entitled to an award of damages and pre-judgment and post-judgment
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`interest on the damages awarded, in an amount to be determined, including an award of
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`prejudgment interest, pursuant to 35 U.S.C. §284, from the date of each act of infringement
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`of the ’518 Patent, the ‘968 Patent and the ’844 Patent by Defendant to the date judgment
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`is entered, and a further award of post-judgment interest, pursuant to 28 U.S.C. §1961,
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`continuing until such judgment is paid, at the maximum rate allowed by law; and
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`d)
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`any other and further relief that this Court or a jury may deem just and proper.
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`Dated: August 10, 2016.
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`/s/Mark F. Warzecha
`Mark F. Warzecha
`Florida Bar No. 95779
`WIDERMAN MALEK PL
`1990 W. New Haven Ave., Ste. 201
`Melbourne, Florida 32904
`Tel. (321) 255-2332
`Fax (321) 255-2351
`MFW@USLegalTeam.com
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`CERTIFICATE OF SERVICE
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`I HEREBY CERTIFY that on August 10, 2016, I electronically filed the foregoing
`document with the Clerk of the Court using the CM/ECF filing system. I further certify that the
`foregoing document will be served on the Defendant via U.S. Mail or e-mail at:
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`Energy Efficient Lighting Co. Ltd.
`331 Amber Street, Suite B
`Markham, ON, Canada L3R357
`Francis.chan@ultrasave.com
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`/s/Mark F. Warzecha
`Mark F. Warzecha
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`Page 3 of 3
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