Angoss Software Corporation v. Siebel Systems, Inc.

Filing 8

TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE REGARDING PRELIMINARY INJUNCTION. Signed by Magistrate Judge Bernard Zimmerman on 12/22/2005. (bzsec, COURT STAFF) (Filed on 12/22/2005)

Angoss Software Corporation v. Siebel Systems, Inc.

Doc. 8

Case 3:05-cv-05224-BZ Case 3:05-cv-05224-BZ

Document 3 Document 8

Filed 12/20/2005 Filed 12/22/2005

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 The Ex Parte Application for Temporary Restraining Order, and Order to Show Cause 18 Regarding Preliminary Injunction filed by Plaintiff Siebel Systems, Inc. ("Siebel") came on for 19 vs. SIEBEL SYSTEMS, INC, Defendant.

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION ANGOSS SOFTWARE CORPORATION, Plaintiff, ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. 05-5224 BZ [PROPOSED] TEMPORARY RESTRAINING ORDER, AND ORDER TO SHOW CAUSE REGARDING PRELIMINARY INJUNCTION

Dec. 22, 2005 hearing on ______________ in the United States District Court, for the Northern District of
20 California, the Honorable Bernard Zimmerman, presiding. The Court having read the moving 21 papers, heard oral argument, and having been fully apprised of the matter hereby ORDERS as 22 follows: 23 1. 24 25 Angoss software product to a Siebel customer; (b) any deployment of an Angoss software product 26 by a Siebel pool of funds customer; or (c) any evaluation of an Angoss software product by a Siebel 27 customer or prospect. In the event that Angoss is unable or unwilling to deliver the license keys, 28
[PROPOSED] TEMPORARY RESTRAINING ORDER, AND ORDER TO SHOW CAUSE REGARDING PRELIMINARY INJUNCTION

Angoss Software Company ("Angoss") is hereby enjoined, through and including

January 3, 2006 _______________________ 2005, from withholding the license key for: (a) any direct sale of an

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Case 3:05-cv-05224-BZ Case 3:05-cv-05224-BZ

Document 3 Document 8

Filed 12/20/2005 Filed 12/22/2005

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Siebel shall be permitted to use its own license key to activate the Angoss software product for its customers. 2.

January 3, 2006 Any royalty due Angoss by Siebel through December _____, 2005 for: (a) any direct

sale of an Angoss software product to a Siebel customer; or (b) any deployment of an Angoss software product by a Siebel pool of funds customer, shall be separately accounted for by Siebel, and a report of the account shall be made to the Court. 3. Angoss is ordered to appear before this Court, Courtroom G, on Jan. 3, 2006 at _11:___a.m.______2005, or soon thereafter as counsel may be heard on the matter, to show cause __ 00 ___ why a preliminary injunction should not issue to preliminarily enjoin Angoss from withholding the license key for: (a) any direct sale of an Angoss software product to a Siebel customer; (b) any deployment of an Angoss software product by a Siebel pool of funds customer; or (c) any evaluation of an Angoss software product by a Siebel customer or prospect. 4. The following briefing schedule shall apply. Any opposition papers shall be filed

with this Court and served on Siebel counsel by facsimile no later than 4:00 p.m. on _______________, 2005. Any reply papers to such opposition shall be filed with this Court and Dec. 28, 2005 Noon served on Angoss' counsel by facsimile no later than 4:00 p.m. on _________________, 2005. December 30 5. The Temporary Restraining Order granted herewith shall expire on the date of the

Preliminary Injunction Hearing.

IT IS SO ORDERED.

UNIT ED

S

S DISTRICT TE C TA

Dated: December 22

, 2005

Siebel shall post a bond in the amount of $25,000. This order shall become effective on the posting of the bond.

ER

Siebel's supplementary papers are due on 12/23/05 by 4:00 p.m.

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F D IS T IC T O R

[PROPOSED] TEMPORARY RESTRAINING ORDER, AND ORDER TO SHOW CAUSE REGARDING PRELIMINARY INJUNCTION

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Both sides were represented by counsel.

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IHon. Bernard Zimmerman

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