Netgear Inc v. Fung et al

Filing 18

ORDER by Judge Marilyn Hall Patel granting 14 Motion for Default Judgment and ENTRY OF DEFAULT JUDGMENT (awb, COURT STAFF) (Filed on 11/24/2009)

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STEVEN S. BAIK (State Bar No. 184622) [e-mail] SUGITHRA SOMASEKAR (State Bar No. 247924) [e-mail] ORRICK, HERRINGTON & SUTCLIFFE LLP 1000 Marsh Road Menlo Park, CA 94025 Telephone: [phone] Facsimile: 650-614-7401 Attorneys for Plaintiff NETGEAR, INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

NETGEAR, INC., Plaintiff, v. FOO KWOK CHUNG, AND DOES 1-25, Defendants.

Case No. C09 02805 MHP [PROPOSED] ORDER GRANTING NETGEAR INC.'S APPLICATION FOR DEFAULT JUDGMENT BY COURT AGAINST FOO KWOK CHUNG

[PROPOSED] ORDER OF JUDGMENT

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Plaintiff NETGEAR, Inc.'s ("NETGEAR") Application For Default Judgment Against Defendant Foo Kwok Chung ("Chung") came before the Court on November 23, 2009, the Honorable Marilyn Hall Patel presiding. Having reviewed the moving and opposing papers and supporting declarations filed with the Court, IT IS HEREBY ORDERED THAT: 1. Chung's sales of Inphic i6 and Inphic i8 products in and/or into the United States

was an infringement of the claims of United States Patent No. D530,325 S and NETGEAR's trade dress consisting of its unique design incorporated in its modems, routers, gateways, entertainment products, and other peripheral devices. 2. By reason of Chung's infringement, NETGEAR has suffered irreparable harm that

cannot be adequately compensated by money damages. 3. Chung is hereby enjoined from selling Inphic i6 or Inphic i8 or any product of

similar design in or into the United States, or be involved in any activity related to the sale of Inphic i6, Inphic i8 or any product of similar design in or into the United States.

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11/ __ 2009 Dated: ____24/_________________

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[PROPOSED] ORDER OF JUDGMENT

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_________________D_______________ _ ERED OJORe Marilyn Hall Patel The HonoS ble udg IT Ira S United States District Court Judge

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IT IS SO ORDERED.

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