United States Of America v. Bazaarvoice, Inc.
Filing
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STIPULATION AND ORDER re 17 Stipulation and Proposed Order Regarding Asset Preservation filed by United States Of America. Signed by Judge Edward M. Chen on 1/31/13. (bpf, COURT STAFF) (Filed on 1/31/2013)
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Peter K. Huston (CA Bar No. 150058)
United States Department of Justice, Antitrust Division
450 Golden Gate Avenue
San Francisco, CA 94102
Telephone: (415) 436-6660
Facsimile: (415) 436-6687
E-mail: peter.huston@usdoj.gov
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Michael D. Bonanno (DC Bar No. 998208)
United States Department of Justice, Antitrust Division
450 Fifth Street, NW, Suite 7100
Washington, DC 20530
Telephone: (202) 532-4791
Facsimile: (202) 616-8544
E-mail: michael.bonanno@usdoj.gov
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Attorneys for the United States of America
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UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION
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UNITED STATES OF AMERICA,
Case No. 13-cv-00133 EMC
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Plaintiff,
STIPULATION AND [PROPOSED]
ORDER REGARDING
ASSET PRESERVATION
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v.
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BAZAARVOICE, INC.
Defendant.
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Judge:
Complaint Filed:
Trial Date:
Edward M. Chen
January 10, 2013
None Set
In order to ensure that the United States will be able to obtain adequate relief should it
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prevail in this action and that Bazaarvoice, Inc. (“Bazaarvoice”) will retain the ability to dispose
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of certain assets, the parties stipulate to, and respectfully request that the Court enter, the
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following Order:
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1.
While this litigation is pending, Bazaarvoice shall provide ten (10) business days
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written notice (the “Notice Period”) to counsel for the United States before consummating any
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Material Transaction involving assets acquired from PowerReviews, Inc. (“PowerReviews”).
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For purposes of this Order, the term “Material Transaction” shall include any sale, transfer, lease,
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assignment, pledge, or other disposal to a third party of (1) any PowerReviews assets with a fair
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market value greater than $5,000; (2) PowerReviews’ technology, including, but not limited to,
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STIPULATION AND [PROPOSED] ORDER REGARDING ASSET PRESERVATION – PAGE 1
CASE NO. 13-CV-00133 EMC
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the company’s software; (3) PowerReviews’ intellectual property rights, including, but not
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limited to, patents, copyrights, and trademarks; or (4) any PowerReviews customer contracts.
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2.
If the United States believes in good faith that a proposed disposition is not in the
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public interest, it shall object in writing to counsel for Bazaarvoice within the Notice Period.
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Should the United States object to a proposed disposition, Bazaaarvoice may not make the
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disposition absent Court approval. If the United States does not object to the disposition within
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the Notice Period, Bazaarvoice is free to make the disposition without Court approval.
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3.
Within ten days of the entry of this Order, Bazaarvoice shall identify all Material
Transactions that were consummated prior to the date that the Order is entered.
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SO STIPULATED.
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STIPULATION AND [PROPOSED] ORDER REGARDING ASSET PRESERVATION – PAGE 2
CASE NO. 13-CV-00133 EMC
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By signing this stipulation, counsel for each party listed below concurs in its filing. This
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stipulation is being filed through the Electronic Case Filing (ECF) system by attorney Michael
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Bonanno of the United States Department of Justice, Antitrust Division. By his signature, he
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attests that the United States has obtained concurrence in the filing of this document from
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counsel for Defendant Bazaarvoice, Inc., pursuant to Civil L.R. 5-1(i)(3).
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Dated: January 29, 2013
By:
/s/ Michael D. Bonanno
Michael D. Bonanno
United States Department of Justice
Antitrust Division
450 Fifth Street, NW, Suite 7100
Washington, DC 20530
Telephone: (202) 532-4791
Facsimile: (202) 616-8544
E-mail: michael.bonanno@usdoj.gov
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Attorneys for Plaintiff
United States of America
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Dated: January 29, 2013
By:
/s/ Dominique-Chantale Alepin
Dominique-Chantale Alepin
Wilson Sonsini Goodrich & Rosati
650 Page Mill Rd
Palo Alto, CA 94304
Telephone: (650) 493-9300
Facsimile: (650) 849-6811
E-mail: dalepin@wsgr.com
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Attorneys for Defendant
Bazaarvoice, Inc.
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PURSUANT TO STIPULATION, IT IS SO ORDERED.
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dw
Judge E
Chen
STIPULATION AND [PROPOSED] ORDER REGARDING ASSET PRESERVATION – PAGE 3
CASE NO. 13-CV-00133 EMC
H
ER
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R NIA
ard M.
NO
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______________________________ D
DERE
SO OR
The HonorableIEdward M. Chen
T IS
United States District Judge
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1/31/13
Dated: _________________________
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[PROPOSED] ORDER
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