Filed: May 14, 2014
Latest Update: May 14, 2014
Summary: ORDER MARC T. TREADWELL, District Judge. This matter is before the Court on the motion of Plaintiff/Judgment-Creditor Jonathan Lee ("Judgment-Creditor") to execute judgment against Defendant/Debtor Kyung Il Jung ("Debtor") (Doc. 11). In his motion, Judgment-Creditor has petitioned this Court to order that Debtor deliver to Judgment-Creditor his ownership interest in a certain patent and patent applications, namely those indexed by the United States Patent and Trademark Office as United States
Summary: ORDER MARC T. TREADWELL, District Judge. This matter is before the Court on the motion of Plaintiff/Judgment-Creditor Jonathan Lee ("Judgment-Creditor") to execute judgment against Defendant/Debtor Kyung Il Jung ("Debtor") (Doc. 11). In his motion, Judgment-Creditor has petitioned this Court to order that Debtor deliver to Judgment-Creditor his ownership interest in a certain patent and patent applications, namely those indexed by the United States Patent and Trademark Office as United States ..
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ORDER
MARC T. TREADWELL, District Judge.
This matter is before the Court on the motion of Plaintiff/Judgment-Creditor Jonathan Lee ("Judgment-Creditor") to execute judgment against Defendant/Debtor Kyung Il Jung ("Debtor") (Doc. 11). In his motion, Judgment-Creditor has petitioned this Court to order that Debtor deliver to Judgment-Creditor his ownership interest in a certain patent and patent applications, namely those indexed by the United States Patent and Trademark Office as United States Patent Application Nos. 12741869, 12741874, 12741879, 13464158, 13681185, and United States Patent No. 8714385 (the "Patents"), in partial satisfaction of Judgment-Creditor's judgment (Doc. 7).1 If Debtor refuses to deliver his ownership interest in the Patents, Judgment-Creditor has requested that this Court order the direct assignment of Debtor's ownership interest in the Patents to Judgment-Creditor.
Pursuant to Fed. R. Civ. P. 69(a)(1), the proceedings in aid of execution of a judgment "must accord with the procedure of the state where the court is located." Under Georgia law, a court may compel a judgment-debtor to assign its interest in a patent or patent application to a judgment-creditor in satisfaction of a judgment. See Wilson v. 72 Riverside Invs. LLC, 277 Ga.App. 312, 313, 626 S.E.2d 521, 523 (2006).
Accordingly, Judgment-Creditor's motion (Doc. 11) is GRANTED. Debtor is ordered to, within ten days of this Order, assign all of his ownership interest in the Patents via written assignment in the same or substantially similar manner provided for in the attached "Intellectual Property Assignment" form. If Debtor fails to deliver his ownership interest in the Patents as required herein, then Judgment-Creditor shall notify this Court of such noncompliance with this Order and submit to the Court a proposed order for the Court to directly assign to Judgment-Creditor the Debtor's ownership interest in the Patents.
SO ORDERED.