Plaintiff Deckers Outdoor Corporation (“Plaintiff”) alleged that Defendants Superstar International, Inc. and Sai Liu (“Defendants”) produce, advertise, and sell products that infringe Plaintiff’s design patents for UGG boots. The district court previously ruled that default judgment was appropriate, considering both the procedural requirements of Federal Rule of Civil Procedure 55(b) and the factors laid out in Eitel v. McCool, 782 F.2d 1470, 1471-72 (9th Cir. 1986). In the previous order, the district court left open what relief Plaintiff could recover.
The district court then addressed whether the Plaintiff should be entitled to treble damages. As explained by the district court, “[u]nder 35 U.S.C. § 284 (“Section 284”), when a Court finds that a patent has been infringed, ‘the court shall award the claimant damages adequate to compensate for the infringement, but in no event less than a reasonable royalty for the use made of the invention by the infringer, together with interest and costs as fixed by the court.’ One way damages may be measured under Section 284 is by the patentee’s lost profits. Lucent Technologies, Inc. v. Gateway, Inc., 580 F.3d 1301, 1324 (Fed. Cir. 2009). The burden of proving damages is on the patentee. Id.”