October 23, 2018

WMC “Going All-Out To Collect $26M Verdict”

The Washington Business Journal ran an article on September 13, 2013, on my firm, Weisbrod, Matteis & Copley’s efforts to collect a $26 million copyright infringement lawsuit against Shandong Linglong Rubber, Co., one of the largest tire manufacturer’s in the world. To read the article, click here

As reported in the story, William Copley and August Matteis, while at their former firm, represented Jordan Fishman, president of Sarasota, Fla, based Tire Engineering and Distribution LLC, in a copyright infringement lawsuit against Shandong Linglong and a number of defendants alleging that defendants had infringed on his design for tires used on mining vehicles. The Fourth Circuit affirmed the jury award of $26 million, which is one of the largest copyright infringement award’s ever. The Supreme Court declined certiorari.

Despite the finality of the judgment and that Linglong does tens of million of dollars, if not hundreds of millions of dollars in business in the U.S., it has refused to pay a cent of the judgment. Linglong’s counsel, Morgan Lewis, withdrew from the case on September 6, 2013, citing “irreconcilable differences,” the same day that Linglong was ordered by the court to produce records of its assets. To date, Linglong has not produced any documents.

Despite repeatedly being told that we will not be able to collect from Linglong, we have not given up. Our recovery efforts so far include suing the Bank of China in New York. A New York statute allows judgement creditors to garnish bank accounts of debtors held in foreign banks so long as the foreign bank has a branch in New York state. The district court dismissed the case but the judge stayed the order pending appeal. The case will be argued before the Second Circuit on October 11. In addition, we have served writs of garnishment on a number of companies in the U.S. who purchase tires directly from Linglong seeking to attach money owed to judgment debtor.

The case is yet another example of a Chinese company refusing to comply with the laws of the United States. After stealing the intellectual property from an American company that almost put that company out of business causing the loss of jobs, Linglong has refused to pay the judgment and is actively and willfully evading collection efforts. This despite that Linglong is continuing to do millions of dollars in business in the United States and is continuing to infringe the Jordan Fishman’s copyright outside the U.S.

If you’re interested in more information about our collection efforts, please send an email to me at ptoren@wmclaw.com.

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