Synopsys, Inc. v. Sabharwal

Filing 38

STIPULATION AND ORDER re 36 STIPULATION WITH PROPOSED ORDER STIPULATION FOR PERMANENT INJUNCTION AND ENTRY OF JUDGMENT AND [PROPOSED] JUDGMENT AND PERMANENT INJUNCTION filed by Synopsys, Inc. Signed by Judge Jon S. Tigar on April 1, 2013. (wsn, COURT STAFF) (Filed on 4/1/2013)

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DENISE M. MINGRONE (STATE BAR NO. 135224)
[e-mail]
SIDDHARTHA VENKATESAN (STATE BAR NO. 245008)
[e-mail]
ELIZABETH C. McBRIDE (STATE BAR NO. 260577)
[e-mail]
ORRICK, HERRINGTON & SUTCLIFFE LLP
1000 Marsh Road
Menlo Park, California 94025
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Plaintiff
SYNOPSYS, INC.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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SYNOPSYS, INC., a Delaware corporation,

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Plaintiff,
v.
DEEPAK SABHARWAL, an individual,

Case No. CV12-05334 JST
STIPULATION FOR PERMANENT
INJUNCTION AND ENTRY OF
JUDGMENT AND [PROPOSED]
JUDGMENT AND PERMANENT
INJUNCTION

Defendant.

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ORRICK, HERRINGTON &
SUTCLIFFE LLP
ATTORNEYS AT LAW
SILICON VALLEY

PERMANENT INJUNCTION
CASE NO. CV12-05334 JST

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STIPULATION
Plaintiff Synopsys, Inc. (“Synopsys”) and Defendant Deepak Sabharwal (“Sabharwal”)

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have entered into a confidential settlement agreement in order to resolve this action. The

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settlement agreement requires, among other things, the entry of a permanent injunction.

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Synopsys and Sabharwal stipulate to the entry of a permanent injunction as follows:

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Pursuant to California Civil Code § 3426.2(a) and (c), 17 U.S.C. §§ 502, et seq., and

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California Business and Professions Code §§ 17200 et seq., Sabharwal and any of his employees,

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employers, agents, representatives, and persons in active concert or participation with him, who

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have actual notice of this injunction, commencing on the date hereof are permanently restrained

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and enjoined from:

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1. Failing to return to Synopsys any equipment or materials containing Synopsys

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confidential, proprietary, and/or trade secret information within 30 days. Sabharwal submits that

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he has returned any and all confidential and proprietary information belonging to Synopsys.

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2. Possessing, using, disclosing, transferring, or copying to any person or entity including

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but not limited to ARM any Synopsys confidential, proprietary, and/or trade secret information.

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Sabharwal denies disclosing any Synopsys confidential information to any others at ARM.

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3. Reproducing, preparing derivative works based on, or distributing copies of any

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Synopsys design sheets, manuals, or other documents that are copyrightable subject matter under

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17 U.S.C. § 101, except matter properly in the public domain and authorized by Synopsys for

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such use.

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4. Committing an unlawful, unfair, and fraudulent business acts by using Synopsys
property for business purposes after his employment with Synopsys terminated.

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Synopsys and Sabharwal stipulate that each side shall bear its own fees and costs and

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further stipulate and consent to the jurisdiction of this Court for the sole purpose of enforcing the

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injunction as by contempt proceedings.

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///

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///

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ORRICK, HERRINGTON &
SUTCLIFFE LLP
ATTORNEYS AT LAW
SILICON VALLEY

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PERMANENT INJUNCTION
CASE NO. CV12-05334 JST

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Respectfully submitted,
Dated: March 18, 2013

ORRICK, HERRINGTON & SUTCLIFFE LLP

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/s/ Denise M. Mingrone
Denise M. Mingrone
Attorneys for Plaintiff SYNOPSYS, INC.

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Dated: March 18, 2013

BURKE, WILLIAMS & SORENSONEN, LLP

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/s/ Douglas W. Dal Cielo
Douglas W. Dal Cielo
Attorneys for Defendant DEEPAK SABHARWAL

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Filer Attestation

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Pursuant to Local Rule 5-1, I hereby attest under penalty of perjury that concurrence in the

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filing of the document has been obtained from its signatory.

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Dated: March 18, 2013

ORRICK, HERRINGTON & SUTCLIFFE LLP

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/s/ Denise M. Mingrone
Denise M. Mingrone
Attorneys for Plaintiff SYNOPSYS, INC.

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[PROPOSED] PERMANENT INJUNCTION

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The Court, having considered the Stipulation for Permanent Injunction of Plaintiff

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Synopsys, Inc. (“Synopsys”) and Defendant Deepak Sabharwal (“Sabharwal”), hereby grants the

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Stipulation, and now therefore:

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IT IS HERBY ORDERED, ADJUDGED AND DECREED that:

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Defendant Deepak Sabharwal (“Sabharwal”) and any of his employees, employers,

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agents, representatives, and all those in active concert or participation with him are permanently

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restrained and enjoined from:

ORRICK, HERRINGTON &
SUTCLIFFE LLP
ATTORNEYS AT LAW
SILICON VALLEY

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PERMANENT INJUNCTION
CASE NO. CV12-05334 JST

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1. Failing to return to Synopsys any equipment or materials containing Synopsys
confidential, proprietary, and/or trade secret information within 30 days.
2. Possessing, using, disclosing, transferring, or copying to any person or entity including
but not limited to ARM any Synopsys confidential, proprietary, and/or trade secret information.

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3. Reproducing, preparing derivative works based on, or distributing copies of any

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Synopsys design sheets, manuals, or other documents that are copyrightable subject matter under

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17 U.S.C. § 101, except matter properly in the public domain and authorized by Synopsys for

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such use.

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4. Committing an unlawful, unfair, and fraudulent business acts by using Synopsys
property for business purposes after his employment with Synopsys terminated.
The Court shall retain jurisdiction solely to enforce the injunction as by contempt
proceedings.

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Dated: April 1, 2013
Hon. Jon S. Tigar
United States District Court Judge

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ORRICK, HERRINGTON &
SUTCLIFFE LLP
ATTORNEYS AT LAW
SILICON VALLEY

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PERMANENT INJUNCTION
CASE NO. CV12-05334 JST