Oracle USA, Inc. et al v. Qtrax, Inc.

Filing 79

AMENDED JUDGMENT. Signed by Judge ARMSTRONG on 6/6/12. (lrc, COURT STAFF) (Filed on 6/19/2012)

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1 2 3 4 5 6 GARY R. GLEASON (SBN 136167) ggleason@micleangleason.com MICLEAN GLEASON LLP 100 MARINE PARKWAY, SUITE 310 REDWOOD SHORES, CA 94065 TEL: (650) 684-1181 Fax: (650) 684-1182 Attorneys for Plaintiffs ORACLE USA, INC., and ORACLE INTERNATIONAL CORPORATION 7 UNITED STATES DISTRICT COURT 8 FOR THE NORTHERN DISTRICT OF CALIFORNIA 9 OAKLAND DIVISION 10 11 12 13 14 15 Case No: C 09-3334 SBA (BZ) ORACLE USA, INC., a Colorado corporation, and ORACLE INTERNATIONAL CORPORATION, a California corporation, AMENDED JUDGMENT Plaintiffs, vs. QTRAX, INC., a Delaware corporation, 16 Defendants. 17 18 19 In accordance with the Court’s Order Accepting Report and Recommendation, 20 IT IS HEREBY ORDERED THAT: 21 1. Judgment is entered in favor of Plaintiffs Oracle USA, Inc., and Oracle 22 International Corporation against Defendant Qtrax, Inc., in the amount of 23 $1,883,591.55 in compensatory damages, along with prejudgment interest at a 24 simple interest rate of 7% per year from the date of breach to the date of Judgment. 25 Plaintiffs shall be required to pay the sales tax, or a prorated portion of the sales tax, 26 each time they receive any payment from Defendant. 27 28 2. Defendant Qtrax, Inc., and its officers, agents, servants, employees, partners, subsidiaries, and attorneys, and all persons acting in concert with any one 1 ORACLE’S REQUEST TO ALTER JUDGMENT Case No: C 09-3334 SBA (BZ) 1 or more of them, or on their respective behalf, are permanently restrained and 2 enjoyed from using, copying, or otherwise exploiting or infringing Plaintiffs’ 3 copyrighted programs; and Defendant shall immediately return to Plaintiffs all 4 copies of Plaintiffs’ copyrighted programs that Defendant has in its possession, 5 custody, or control. The injunctive relief afforded under this Order is stayed for 6 forty-five (45) days from the date this order is filed to provide the parties with an 7 opportunity to reach an agreement with respect to the outstanding debt or 8 Defendant’s continued use of Plaintiff’s copyrighted programs. 9 10 IT IS SO ORDERED. Dated: 6/6/12 11 ________________________ SAUNDRA BROWN ARMSTRONG, United States District Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 ORACLE’S REQUEST TO ALTER JUDGMENT Case No: C 09-3334 SBA (BZ)