Meggitt San Juan Capistrano Inc v. Nie Yongzhong et al

Filing 724

CONSENT JUDGMENT, PERMANENT INJUNCTION AND DISMISSAL re 723 Joint Stipulation filed by Judge David O. Carter. (MD JS-6. Case Terminated) (dgo)

1

JS-6

2
3
4
5
6
7
8
9
10

UNITED STATES DISTRICT COURT

11

CENTRAL DISTRICT OF CALIFORNIA

12
13

MEGGITT (ORANGE COUNTY),
INC. and MEGGITT (MARYLAND),
INC.,

14
15
16
17
18

Plaintiffs,
v.

Case No. SACV 13-0239 DOC (DFMx)
CONSENT JUDGMENT,
PERMANENT INJUNCTION AND
DISMISSAL [723]
Hon. David O. Carter

NIE YONGZHONG and XIAMEN
NIELL ELECTRONICS CO. LTD.,
Defendants.

19
20

ORDER ENTERING FINAL JUDGMENT, CONSENT JUDGMENT AND

21

PERMANENT INJUNCTION, AND DISMISSING ACTION IN ITS

22

ENTIRETY

23

Pursuant to and based upon the Settlement Agreement entered into by the

24

parties, and the “Stipulation for Consent Judgment, Permanent Injunction and

25

Dismissal” filed by Plaintiffs Meggitt (Orange County), Inc. and Meggitt

26

(Maryland), Inc. (collectively “Plaintiffs” or “Meggitt”) and Defendants Nie

27

Yongzhong and Xiamen Niell Electronics Co. Ltd. (collectively “Defendants”), it is

28

hereby ORDERED, ADJUDICATED, and DECREED that:
Consent Judgment,
Permanent Injunction and Dismissal

1

1.

This Court has continuing jurisdiction over the parties and the subject

2

matter hereof to enforce the terms and provisions of this Consent Judgment,

3

Permanent Injunction and of the Settlement Agreement.

4

2.

Defendants, and each of them, and each of their related directors,

5

entities, officers, employees, subsidiaries, and affiliates, are hereby permanently

6

enjoined and restrained, from directly or indirectly, and whether acting alone or in

7

concert with others, from:

8

a.

9

information, technology and/or property (including documents in

Retaining possession of any of Plaintiffs’ proprietary

10

physical or electronic format, and a hard drive) that contains

11

Plaintiffs’ proprietary information or technology, all of which shall be

12

returned to Plaintiffs or their counsel within thirty (30) days after

13

entry of this Order.

14

b.

15

People’s Republic of China (“PRC”) any of the following products, or

16

any product, regardless of model number, that is no more than

17

colorably different than one of these products: CAYD051,

18

CAYZ146V-1-500, CAYZ156V-1-2000, CAYD053-10, CAYD053-

19

50, CAYD051V, CAYD063V, CAYD149V-500, CAYD149V-500C,

20

CAYD051V-100B, and CAYD172-25 (“Restricted Products”), or any

21

Product that is determined to be a “Restricted Product” under Section

22

2.c.

23

c.

24

PRC any of the following products, or any product that is no more

25

than colorably different than one of these products: CAYZ123V-2-

26

2000, CAYD172-10 and CAYD172-50 (“Disputed Products”), unless

27

and until Meggitt has completed inspection of these products. A Niell-

28

Tech product will be considered to be a Restricted Product if that

Marketing outside of the current geographic boundaries of the

Marketing outside of the current geographic boundaries of the

1

Consent Judgment,
Permanent Injunction and Dismissal

1

product is found: i) to include or incorporate any Meggitt Proprietary

2

Information and Technology; ii) to have been designed or

3

manufactured using any Meggitt Proprietary Information and

4

Technology; or iii) to be not more than colorably different from a

5

Restricted Product.

6

d.

Marketing a Restricted Product under a different model number;

7

e.

Including in any advertising or marketing literature, or on any

8

website, any reference to a Meggitt company, equipment, products or

9

photographs of the same, including but not limited to any reference

10

that former employees of Meggitt or any Meggitt affiliate, Endevco or

11

Wilcoxon work with, at or for one of the Defendants; and will not

12

represent to any party that Defendants or either of them now has or

13

shall have at any time in the future a business relationship with Meggitt

14

or any of its affiliates;

15

f.

16

manufacture and available for purchase, or publishing performance

17

specifications for any product that is not currently in manufacture and

18

available for sale, and accurately reflects the correct performance

19

specifications for that product;

20

g.

21

Proprietary Information and Technology.

22

3.

Advertising for sale any product that is not currently in

Developing a new product using or incorporating Meggitt

The term “Marketing” means displaying, promoting, demonstrating,

23

selling, offering to sell, importing or exporting. For example, a sale by Defendants

24

or either of them of a product within the PRC for use, either as a stand-alone

25

product or in combination with another product, outside the PRC shall be deemed

26

Marketing. For the avoidance of doubt, “Marketing,” “Marketed,” or “Market”

27

does not include the operation of a website that describes, promotes, or otherwise

28

advertises Niell-Tech’s business and products, or otherwise indicates that Niell2

Consent Judgment,
Permanent Injunction and Dismissal

1

Tech’s Restricted Products or Disputed Products are available for purchase and use

2

within the PRC, provided Niell-Tech includes the information specified in the

3

Settlement Agreement. The definition of Meggitt Proprietary Information and

4

Technology is as set forth in the Settlement Agreement, and is incorporated by

5

reference herein.

6

4.

The restrictions on sale of Restricted Products set forth above in

7

Section 2.b, 2.c and 2.d expire on the 8th anniversary of the date this Order is

8

entered (that is, the date of entry plus eight (8) years).

9

5.

The parties have stipulated to the entry of this Consent Judgment. In

10

doing so, the parties have further stipulated that Defendants do not admit liability or

11

wrongdoing in any way, and Defendants state that they are agreeing to its entry to

12

avoid the expense of trial.

13

IT IS SO ORDERED.

14
15
16
17

Dated: July 31, 2015

_________________________________
Hon. David O. Carter
United States District Judge

18
19
20
21
22
23
24
25
26
27
28
3

Consent Judgment,
Permanent Injunction and Dismissal

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18

Presented by:
Robert W. Dickerson (State Bar No. 89,367)
[e-mail]
Lawrence R. LaPorte (State Bar No. 130,003)
[e-mail]
MANATT, PHELPS & PHILLIPS, LLP
11355 West Olympic Boulevard
Los Angeles, CA 90064
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiffs
MEGGITT (ORANGE COUNTY), INC.
and MEGGITT (MARYLAND), INC.
Daniel Johnson, Jr. (State Bar No. 57,409)
[e-mail]
Michael J. Lyons (State Bar No. 202,284)
[e-mail]
MORGAN, LEWIS & BOCKIUS LLP
3000 El Camino Real, Suite 700
Palo Alto, CA 94306-2122
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendants
NIE YONGZHONG and XIAMEN NIELL
ELECTRONICS CO. LTD.

19
20
21
22
23
24
25
26
27
28
4

Consent Judgment,
Permanent Injunction and Dismissal