Finnegan client Maglula received a favorable order in its suit accusing Amazon of selling Chinese counterfeits of the company’s UpLULA magazine loader. Amazon’s motion for summary judgment was rejected and the case was sent to mediation, with the judge stating, “The court does not believe even the most persuasive presentation of Amazon's evidence would make one iota of difference to a jury. The evidence of unlawful counterfeiting by these Chinese entities, who have copied Maglula's proprietary products and accompanying literature, is overwhelming."
In November 2020, Maglula persuaded a magistrate judge in the Eastern District of Virginia to give it access to Amazon's warehouses or otherwise provide Maglula access to products for inspection. Maglula then moved for sanctions, saying Amazon destroyed evidence. On January 8, 2021, a magistrate judge granted that motion in part, finding that Amazon did destroy evidence after the suit was filed.
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