This case was last updated from PACER on 08/28/2021 at 06:22:19 (UTC).

Enright v. DePuy Orthopaedics Inc et al

Case Summary

On March 26, 2021, Ifedoo Enigwe (“Plaintiff”) who is self-represented filed an intellectual property lawsuit against Amazon.com, Inc., Author Solutions Inc. a.k.a Authorhouse (collectively, “Defendants”), seeking damages and enhanced damages for allegedly infringing Plaintiff’s copyright and counterfeiting the work titled Mixed Blessings. This case was filed in U.S. District Court in the District of Delaware with Judge Ed Kinkeade presiding.

 

Plaintiff in its complaint alleged that “In or around January of 2006, Plaintiff and Defendant Author Solutions, Inc. a.k.a Authorhouse agreed, after a court settlement, inter alia that “we [Authorhouse] will maintain the “live” state of your book, Mixed Blessings, for one more year (from the date of acceptance) and then turn over the electronic version to you.”” and that “ On March 3, 2018 Plaintiff received an email from the Authorhouse requesting information about Taxpayer Identification Number (TIN), and on March 1, 2021, Plaintiff received a check of two dollars and sixteen cents ($2.16) from Defendant Authorhouse”

 

Plaintiff also alleged that “On January 18, 2020, Defendant, Amazon Inc., printed a copy of Mixed Blessings and sold it from its online sales platform. On February 20, 2021, Defendant, Amazon Inc., printed a copy of Mixed Blessings and sold it from its online sales platform.” Furthermore “Plaintiff’s agreement with Author Solutions Inc., a/k/a Authorhouse, to access the book, Mixed Blessings, ended in or around January of 2007, therefore Author Solutions a/k/a Authorhouse has no right to print or sell Mixed Blessings from the date forward. Plaintiff has never entered into any agreement with Amazon.Com, Inc. to print or sell Mixed Blessings.”

 

There are two causes of action laid down by the Plaintiff. The first cause of action relates to copyright infringement wherein it has been alleged that the Plaintiff’s agreement with Defendant Authorhouse to print and sell his book expired in or around January 2007, and as such their continuation of printing and selling the book past 2007 constitutes a wilful infringement on Plaintiff’s copyright. The second cause of action is related to counterfeiting wherein the Plaintiff alleged that the Defendant Amazon.Com Inc., knew fully well that it is not the original publisher of the book Mixed Blessings, and has no authority granted to it by the rightful owner of the copyrighted work to print and sell the book and by doing so it has wilfully committed counterfeiting in violation of the law. 

 

In the prayer for relief the Plaintiff has requested the court to pass an order declaring that the Defendant has caused wilful violation of copyright infringement rights of Plaintiff and is therefore liable to pay a sum of $150,000, sum of $300,000 for two times that the Plaintiff is aware it printed and sold Plaintiff’s copyrighted book, sum of $200,000 for wilful violation of counterfeit laws and a sum of $400,000 for  two times that the Plaintiff is aware it printed and sold Plaintiff’s copyrighted book. 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    3:21-CV-00697

  • Filing Date:

    03/25/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Other Product Liability

Judge Details

Presiding Judge

Ed Kinkeade

 

Party Details

Plaintiff

Thomas Enright

Defendants

DePuy Products Inc

Johnson & Johnson Services Inc

DePuy Orthopaedics Inc

DePuy International Limited

Johnson & Johnson

Johnson & Johnson International

DePuy Synthes Sales Inc

DePuy Inc

DePuy Synthes Products Inc

Niagara Frontier Orthopaedic Supplies LLC doing business as Tomczak & Associates

Special Master

Special Master

Attorney/Law Firm Details

Plaintiff Attorney

Theresa M Walsh

Attorney at Brown Chiari LLP

2470 Walden Avenue

Buffalo, NY 14225

Defendant Attorneys

Michael V Powell

Attorney at Locke Lord LLP

2200 Ross Avenue, Suite 2800

Dallas, TX 75201-6776

James Francis Murdica

Attorney at Patterson Belknap Webb & Tyler LLP

1133 Avenue Of The Americas

New York, NY 10036-6710

Jessica D Miller

Attorney at Skadden Arps Slate Meagher & Flom LLP

1440 New York Ave Nw

Washington, DC 20005

Terri Bruksch

Attorney at Barnes & Thornburg

11 S Meridian St

Indianapolis, IN 45204

Special Master Attorney

James M Stanton-2244

Attorney at Stanton LLP

1717 Main Street, Suite 3800

Dallas, TX 75201

 

Court Documents

#1

1 #1

Civil Cover Sheet

1 #2

Index Identifying Documents Filed in State Court

1 #3

Corporate Disclosure Statement for DePuy Defendants

1 #4

Certificate of Service

#2

#4

#5

5 #1

*Restricted*

 

Docket Entries

  • 03/25/2021
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  • Docket(#5) Case electronically transferred in from District of New York Western; Case Number 1:20-cv-01732. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas should seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. Copy of NEF to be sent US Mail to parties not electronically noticed. (Entered: 03/25/2021)

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  • 03/25/2021
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  • Docket(#4) MULTIDISTRICT CONDITIONAL LITIGATION TRANSFER ORDER to Northern District of Texas. Signed by John W. Nichols,Clerk of the Panel on 12/11/2020. (KM) [Transferred from New York Western on 3/25/2021.] (Entered: 03/25/2021)

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  • 03/10/2021
  • DocketSCHEDULING NOTICE. Status Conference via ZoomGov set for 3/19/2020 01:00 PM before Hon. Michael J. Roemer. (RAZ) [Transferred from New York Western on 3/25/2021.] (Entered: 03/10/2021)

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  • 01/22/2021
  • Docket(#3) TEXT REFERRAL ORDER (DISPOSITIVE) - Hon. Michael J. Roemer, United States Magistrate Judge, is hereby designated to act in this case as follows: Pursuant to 28 U.S.C. 636(b)(1)(A) and (B), all pre-trial matters in this case are referred to the above-named United States Magistrate Judge, including but not limited to: (1) conduct of a scheduling conference and entry of a scheduling order pursuant to Fed. R. Civ. P. 16, (2) hearing and disposition of all non-dispositive motions or applications, (3) supervision of discovery, and (4) supervision of all procedural matters involving the aforementioned or involving the preparation of the case or any matter therein for consideration by the District Judge. The Magistrate Judge shall also hear and report upon dispositive motions for the consideration of the District Judge pursuant to 28 U.S.C. 636(b)(1)(B) and (C). All motions or applications shall be filed with the Clerk and made returnable before the Magistrate Judge. The parties are encouraged to consider the provisions of 28 U.S.C. 636(c) governing consent to either partial or complete disposition of the case, including trial if necessary, by the Magistrate Judge. Consent forms are available from the office of the Magistrate Judge or the office of the Clerk of Court. IT IS SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 1/22/2021. (CMD) [Transferred from New York Western on 3/25/2021.] (Entered: 01/22/2021)

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  • 12/14/2020
  • DocketATTENTION CORPORATION PLAINTIFFS/DEFENDANTS: All Corporate Disclosure Statements pursuant to Fed.R.Civ.7.1(b) are to be filed within seven(7) days of this notice. (MD) [Transferred from New York Western on 3/25/2021.] (Entered: 12/14/2020)

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  • 12/07/2020
  • DocketADR Plan electronically forwarded to attorneys. The ADR Plan is available for download at #http://www.nywd.uscourts.gov/alternative-dispute-resolution.(SG) [Transferred from New York Western on 3/25/2021.] (Entered: 12/07/2020)

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  • 12/04/2020
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  • Docket(#2) ANSWER to Complaint by DePuy Inc.,, DePuy International Limited, DePuy Orthopaedic, Inc, DePuy Products, Inc., DePuy Synthes Products, Inc., DePuy Synthes Sales, Inc., Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services, Inc..(Murdica, James) [Transferred from New York Western on 3/25/2021.] (Entered: 12/04/2020)

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  • 11/30/2020
  • DocketNotice of Availability of Magistrate Judge: A United States Magistrate of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form (AO-85) is available for download at #http://www.uscourts.gov/services-forms/forms. (JD) [Transferred from New York Western on 3/25/2021.] (Entered: 11/30/2020)

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  • 11/30/2020
  • DocketAUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at #http://www.nywd.uscourts.gov/alternative-dispute-resolution.(JD) [Transferred from New York Western on 3/25/2021.] (Entered: 11/30/2020)

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  • 11/30/2020
  • DocketCase Assigned to Hon. Lawrence J. Vilardo. Notification to Chambers of on-line civil case opening. (JD) [Transferred from New York Western on 3/25/2021.] (Entered: 11/30/2020)

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  • 11/27/2020
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  • Docket(#1) NOTICE OF REMOVAL by DePuy Inc.,, DePuy Products, Inc., DePuy International Limited, Johnson & Johnson, DePuy Orthopaedic, Inc, Johnson & Johnson International, DePuy Synthes Products, Inc., Johnson & Johnson Services, Inc., DePuy Synthes Sales, Inc. from New York State Supreme Court, County of Erie, case number 803762/2020. (Filing fee $ 400 receipt number 0209-4060494), filed by DePuy Inc.,, DePuy Products, Inc., DePuy International Limited, Johnson & Johnson, DePuy Orthopaedic, Inc, Johnson & Johnson International, DePuy Synthes Products, Inc., Johnson & Johnson Services, Inc., DePuy Synthes Sales, Inc.. (Attachments: #1 Civil Cover Sheet, #2 Index Identifying Documents Filed in State Court, #3 Corporate Disclosure Statement for DePuy Defendants, #4 Certificate of Service)(Murdica, James) [Transferred from New York Western on 3/25/2021.] (Entered: 11/27/2020)

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