CNET Networks, Inc. v. Etilize, Inc.

Filing 376

STIPULATED INJUNCTION AND ORDER DISMISSING ALL CLAIMS AND COUNTERCLAIMS WITH PREJUDICE; Each side to bear costs; Signed by Judge Marilyn Hall Patel on 5/14/2009. (awb, COURT STAFF) (Filed on 5/14/2009)

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1 2 3 4 5 6 7 8 9 10 101 California Street San Francisco, CA 94111-5894 WINSTON & STRAWN LLP Glenn E. Westreich (SBN: 100457) Patrick T. Michael (SBN: 169745) 101 California Street, Suite 3900 San Francisco, CA 94111-5894 Telephone: 415-591-1000 Facsimile: 415-591-1400 Attorneys for Plaintiff & Counterdefendant CBS INTERACTIVE INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CBS INTERACTIVE INC., Plaintiff, vs. ETILIZE, INC., Defendant. Winston & Strawn LLP Case No. C 06-05378 (MHP) STIPULATED INJUNCTION AND ORDER DISMISSING ALL CLAIMS AND COUNTERCLAIMS AND RELATED COUNTERCLAIMS. This Stipulated Injunction and Order Dismissing All Claims and Counterclaims ("Order") is ordered by the Court as of the date indicated below and is consented to by Plaintiff/ Counterdefendant CBS Interactive Inc. ("CBS Interactive") and Defendant/Counterclaimant Etilize, Inc. ("Etilize"). WHEREAS, on or about August 31, 2006, CBS Interactive filed an action in the United States District Court for the Northern District of California (the "Court") asserting claims for infringement of U.S. Patent Nos. 6,714,933 (the "'933 Patent") and 7,082,426 (the "'426 Patent") against Etilize, entitled CBS Interactive Inc. v. Etilize, Inc., Case No. C-06-5378; CONSENT JUDGMENT AND PERMANENT INJUNCTION Case No. C 06-05378 (MHP) 1 2 3 4 5 6 7 8 9 10 101 California Street San Francisco, CA 94111-5894 WHEREAS Etilize's First Amended Answer and Counterclaims alleges counterclaims for declaratory judgment of invalidity, unenforceability, and noninfringement of the patents-in-suit, violation of Section 2 of the Sherman Act, intentional interference with prospective economic advantage, negligent interference with prospective economic advantage, and unfair competition under California Business & Professions Code 17200. The claims and counterclaims are collectively referred to as "the Lawsuit"; WHEREAS, this Court has jurisdiction over this Lawsuit pursuant to 28 U.S.C. 1331 and 1338; WHEREAS Etilize and CBS Interactive wish to resolve all claims and counterclaims that were asserted by either party in the Lawsuit; WHEREAS the parties agree to waive all findings of fact and conclusions of law for the purposes of entry of this Order; NOW, THEREFORE, the parties to this Lawsuit hereby stipulate to dismiss this Lawsuit with prejudice as follows based on a confidential settlement agreement between the parties that has been fully executed. Based on this stipulation, the Court hereby ORDERS as follows: 1. This Court has jurisdiction over the parties and over the subject matter of this 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Winston & Strawn LLP dispute and shall retain continuing subject matter jurisdiction and personal jurisdiction for the purposes of construing or enforcing the terms of this Order for resolving any dispute arising thereunder. 2. CBS Interactive is the owner by assignment of the entire right, title and interest in and United States Patent Nos. 6,714,933 and 7,082,426. 3. Etilize and its officers, agents, servants and employees and all other persons in active concert or participation with them who receive actual notice of the Order by personal service or otherwise are hereby restrained and enjoined for the life of Claim 1 of the '933 patent from the further making of products using aQuire in combination with Xtract or the further importation into the United States of products made using aQuire in combination with Xtract, provided, however, Etilize shall not be enjoined from importing data, records or products that 2 CONSENT JUDGMENT AND PERMANENT INJUNCTION; Case No. C 06-05378 (MHP) 5/14/2009 UNIT ED S S DISTRICT TE C TA ER N D IS T IC T R OF A C LI FO arilyn Judge M l H. Pate R NIA O OR IT IS S DERED RT U O NO RT H

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