Intelligraphics, Inc. v. Marvell Semiconductor, Inc.

Filing 131

ORDER Granting re #116 Stipulation filed by Marvell Semiconductor, Inc.. Signed by Judge Joseph C. Spero on 11/12/08. (fj, COURT STAFF) (Filed on 11/13/2008)

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MAYER BROWN LLP MICHAEL A. MOLANO (SBN 171057) [e-mail] BRANDON BAUM (SBN 121318) [e-mail] Two Palo Alto Square, Suite 300 3000 El Camino Real Palo Alto, California 94306-2112 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant and Counterclaimant MARVELL SEMICONDUCTOR, INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT SAN FRANCISCO DIVISION INTELLIGRAPHICS, INC., Plaintiff and Counterdefendant, v. Case No. C-07-2499 JCS CONSENT DECREE AND ORDER OF FINAL ADJUDICATION

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CONSENT DECREE AND ORDER OF FINAL ADJUDICATION ­ NO. C-07-2499 JCS 44050642.3

MARVELL SEMICONDUCTOR, INC., Defendant and Counterclaimant.

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CONSENT DECREE AND ORDER OF FINAL ADJUDICATION This matter having come before the Court and it being represented that Plaintiff Intelligraphics, Inc. and Defendant Marvell Semiconductor, Inc. have reached agreement regarding a consent decree adjudicating Intelligraphics' Sixth Cause of Action (Copyright Infringement under 17 U.S.C. § 101 et seq.) as it relates to Advanced Roaming Software: Based upon the agreement, consent, and approval of the parties, IT IS HEREBY ORDERED AND ADJUDGED that: 1. 2. This Court has jurisdiction over the parties and the subject matter of this action. On May 9, 2007, Intelligraphics filed a Complaint against Marvell. The Sixth

Cause of Action in the Complaint is titled "Copyright Infringement under 17 U.S.C. § 101 et seq." (the "Copyright Claim"). The Copyright Claim alleges that Marvell infringed Intelligraphics' exclusive rights under the copyright law of the United States for two distinct works, namely the (1) Motorola Project code; and (2) Advanced Roaming Software. 3. On June 19, 2007, Intelligraphics filed a First Amended Complaint. The Sixth

Cause of Action in the First Amended Complaint re-alleges the Copyright Claim with regard to the same two works. 4. Marvell does not infringe and has not infringed any of Intelligraphics' exclusive

rights under the copyright law of the United States, 17 U.S.C. § 101 et seq., with regard to the Advanced Roaming Software alleged to infringe in the Copyright. IT IS SO ORDERED.

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-1CONSENT DECREE AND ORDER OF FINAL ADJUDIC ATION ­ NO. C-07-2499 JCS 44050642.3

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THE HONORABLE JOSEPH C. SPERO United States Magistrate Judge Spero seph C. udge Jo J

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1 2 Dated: November 10, 2008 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2CONSENT DECREE AND ORDER OF FINAL ADJUDIC ATION ­ NO. C-07-2499 JCS 44050642.3

MAYER BROWN LLP

By: /s/ Michael A. Molano Attorneys For Defendant and Counterclaimant MARVELL SEMICONDUCTOR, INC.

Dated: November 10, 2008

SOMMERS & SCHWARZ LLP

By: /s/ Andrew Schwartz Attorneys For Plaintiff and Counterdefendant INTELLIGRAPHICS, INC. Filer's Attestation: Pursuant to General Order No. 45, Section X(B), the filer hereby attests that the signatory's concurrence in the filing of this document has been obtained.