New Angle Pet Products v. Absolutelynew

U.S. DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
Civil Practice

New York Law Journal

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Judge Sandra Feuerstein

New Angle sued defendant Absolutelynew for patent infringement. Defense counsel arrived 45-minutes late to a noticed hearing in aid of judgment. In addition to a $60,000 default judgment, the court awarded New Angle $7,100 in attorneys' fees. Defense counsel's post-hearing handwritten letter addressed to the court, seeking to explain his late arrival, was deemed a motion to vacate default judgment, which the court denied. Defendant's renewed motion to vacate default judgment under Federal Rule of Civil Procedure 60(b) was denied. Even if defendant was correct that plaintiff's evidence of damages was inaccurate and that its own evidence showed that the actual damages sustained were much lower, defendant's Rule 60(b) motion was untimely filed. Even if timely, Defendant's argument that judgment should be vacated because the damages award was not supported by evidence in the record or New Angle's complaint was without merit. Given Defendant's unjustified failure to appear before the court on the issue of damages at the April 15, 2011, hearing in aid of judgment, the court's reliance on New Angle's affidavit in calculating damages was proper.

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