Adobe Systems Incorporated et al v. Miller

Filing 33

ORDER by Judge Illston granting 23 Motion for Default Judgment (ts, COURT STAFF) (Filed on 5/15/2009)

Case 3:08-cv-04895-SI

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JULIE E. HOFER, #152185 Email: [e-mail] ERIC A. HANDLER, #224637 Email: [e-mail] DONAHUE GALLAGHER WOODS LLP Attorneys at Law 300 Lakeside Drive, Suite 1900 Oakland, California 94612-3570 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiffs ADOBE SYSTEMS INCORPORATED, AUTODESK, INC., and MICROSOFT CORPORATION

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

ADOBE SYSTEMS INCORPORATED, a Delaware corporation, AUTODESK, INC., a Delaware corporation, and MICROSOFT CORPORATION, a Washington corporation, Plaintiffs, v. MATTHEW MILLER, an individual, and DOES 1-10, inclusive, Defendants.

CASE NO. C08-04895-SI [PROPOSED] ORDER GRANTING MOTION FOR DEFAULT JUDGMENT AND PERMANENT INJUNCTION AGAINST DEFENDANT MATTHEW MILLER Date: Time: Dept.: Judge: May 15, 2009 9:00 a.m. Courtroom 10, 19th Floor Hon. Susan Illston

The defendant Matthew Miller ("Defendant") having failed to plead or otherwise appear in this action and Defendant's default having been entered by the Clerk pursuant to FRCP 55(a); Plaintiffs Adobe Systems Incorporated, Autodesk, Inc., and Microsoft Corporation (collectively, "Plaintiffs") having filed their Motion For Entry Of Default Judgment And Permanent Injunction Against Defendant Matthew Miller (the "Motion"), supported by the Declarations of Paul Fournier and Julie E. Hofer (collectively, the "Declarations"), and having -1[PROPOSED] ORDER GRANTING MOTION FOR DEFAULT JUDGMENT
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served the Motion and the Declarations on Defendant; and The Court having considered the Motion, the Declarations, the evidence and documents on file herein, and the testimony and evidence presented at the hearing on the Motion, and good cause appearing, DECREED IT IS HEREBY ORDERED, ADJUDGED, AND DECRIED THAT: (1) The Court finds that Defendant willfully and intentionally infringed Plaintiffs' Adobe® Acrobat® 8 Professional software;

copyrights in the following software products:

Adobe® After Effects® CS3 Professional software; Adobe® Contribute® software; Adobe® Dreamweaver® CS3 Professional software; Adobe® Encore® 3.0 software; Adobe® Fireworks® CS3 software; Adobe® Flash® CS3 Professional software; Adobe® Illustrator® CS3 software; Adobe® InDesign® CS3 software; Adobe® Photoshop® CS3 software; Adobe Premiere® Pro CS3 software; Adobe® SoundboothTM CS3 software; Adobe® Ultra® CS3 software; AutoCAD® 2009 software; Microsoft® Office Access® 2007 software; Microsoft® Office Excel 2007 software; Microsoft® Office Outlook® 2007 software; Microsoft® Office PowerPoint® 2007 software; Microsoft® Office Publisher 2007 software; and Microsoft® Office Word 2007 software; (2) Pursuant to 17 U.S.C. § 502(a), the Court hereby issues a permanent injunction

enjoining and restraining Defendant and Defendant's agents, servants, employees, successors, and assigns, and any and all other persons acting in concert with or in conspiracy with or affiliated with Defendant, from copying, reproducing, distributing, or using any unauthorized copies of any of Plaintiffs' software products or otherwise infringing any of Plaintiffs' copyrights; (3) Pursuant to 17 U.S.C. § 503(b), Defendant is hereby required to immediately

destroy any and all infringing copies of any of Plaintiffs' software products in Defendant's possession or control, regardless of whether those copies are contained on optical discs such as digital video discs or compact discs, installed on computer hard drives, or otherwise stored on tangible media of any sort; (4) Pursuant to 17 U.S.C. § 504, Plaintiff Adobe Systems Incorporated is awarded

statutory damages of $65,000; (5) Pursuant to 17 U.S.C. § 504, Plaintiff Autodesk, Inc. is awarded statutory damages -2[PROPOSED] ORDER GRANTING MOTION FOR DEFAULT JUDGMENT
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of $10,000; (6) Pursuant to 17 U.S.C. § 504, Plaintiff Microsoft Corporation is awarded statutory

damages of $120,000; (7) Pursuant to 17 U.S.C. § 505, Plaintiffs are awarded costs of suit in the combined

amount of $415; (8) Pursuant to 17 U.S.C. § 505, Plaintiffs are awarded their reasonable attorney's fees

15,148.00 in the combined amount of $____________________; and (9) Pursuant to 28 U.S.C. § 1961(a), Plaintiffs shall be entitled to post-judgment

interest on the sums described herein at the statutory rate. IT IS SO ORDERED.

Dated:

5/15/09 Hon. Susan Illston United States District Court Judge

-3[PROPOSED] ORDER GRANTING MOTION FOR DEFAULT JUDGMENT
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