Synopsys, Inc. v. Atoptech, Inc
Filing
929
PERMANENT INJUNCTION AND DISPOSITION ORDER. Signed by Judge Maxine M. Chesney on 12/19/16. (Attachments: # 1 Appendix Part One, # 2 Appendix Part Two, # 3 Appendix Part Three, # 4 Appendix Part Four, # 5 Appendix Part Five) (mmclc2, COURT STAFF) (Filed on 12/19/2016)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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SYNOPSYS, INC.,
Plaintiff,
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United States District Court
Northern District of California
PERMANENT INJUNCTION AND
DISPOSITION ORDER
v.
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Case No. 13-cv-02965-MMC
ATOPTECH, INC,
Re: Dkt. No. 877
Defendant.
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On plaintiff Synopsys Inc.’s (“Synopsys”) Motion for Permanent Injunction and
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Disposition of Infringing Copies and Means, the Court, having considered the evidence
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introduced at trial, the relevant legal authority, the parties’ respective written submissions,
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and the arguments made at the hearing on the motion, finds, for the reasons stated on
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the record at the hearing, plaintiff has shown good cause for entry of the following
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permanent injunction and disposition order.
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PERMANENT INJUNCTION PURSUANT TO 17 U.S.C. § 502(a) AND DISPOSITION
ORDER PURSUANT TO 17 U.S.C. § 503
The Court hereby permanently ENJOINS and RESTRAINS defendant Atoptech,
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Inc. and its successors or assigns (including any purchaser under 11 U.S.C. § 363),
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subsidiaries, affiliates, officers, directors, employees, principals, agents, and attorneys,
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and those who are in active concert or participation with them (collectively, “ATopTech”)
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from infringing Synopsys’ copyrights with U.S. Registration Nos. TX 7-261-049, TX 7-
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260-556, TX 7-663-729, and TX 7-664-316, until the expiration of the copyrights, as
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follows:
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1.
ATopTech shall not develop, make, prepare, license, lease, sell, offer to
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license, lease, or sell, import into the United States, distribute, market, use, or provide
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support, service, or maintenance for any product (including without limitation Aprisa
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versions 07.11 through 15.10), script, translation table, program, version or
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documentation containing (i) PrimeTime’s report formats, or (ii) the name and associated
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syntax of the PrimeTime non-SDC commands, variables or attributes (“non-SDC
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command set”) identified in Trial Exhibits 1439-1441, electronically attached hereto as an
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Appendix; provided, however, that for any such enjoined product, ATopTech may provide
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support, service, or maintenance until three months after the date this Injunction and
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United States District Court
Northern District of California
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Disposition Order is entered;
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No later than one month from the date of this Injunction and Disposition
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Order, ATopTech shall provide notice of this Injunction and Disposition Order to all
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successors, assigns, subsidiaries, affiliates, officers, directors, employees, principals,
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agents, and attorneys that may have any involvement whatsoever in developing, making,
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preparing, licensing, leasing, selling, offering to license, lease, or sell, distributing,
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marketing, supporting, servicing, maintaining or using any products, programs, or
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documentation that contained or contain any part of PrimeTime’s non-SDC command set;
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3.
No later than three months from the date of this Injunction and Disposition
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Order, ATopTech shall remove from its possession, custody, or control, and provide to a
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third-party escrow service, all Synopsys documentation containing any part of
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PrimeTime’s non-SDC command set, including but not limited to any documentation for
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Synopsys’ PrimeTime, GoldTime, Design Compiler, and IC Compiler products; said
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materials shall remain with the escrow service until all appeals have run and this case
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reaches final disposition and thereafter shall be destroyed.
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4.
No later than three months from the date of this Injunction and Disposition
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Order, ATopTech shall file and serve on Synopsys a declaration detailing the manner in
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which ATopTech has complied with this Injunction and Disposition Order;
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5.
The undersigned expressly retains jurisdiction to enforce this Injunction and
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Disposition Order.
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IT IS SO ORDERED.
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Dated: December 19, 2016
MAXINE M. CHESNEY
United States District Judge
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United States District Court
Northern District of California
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