Toppan Photomasks, Inc. v. Park

Filing 105

STIPULATED PERMANENT INJUNCTION AND ORDER. Signed by Judge Maxine M. Chesney on December 3, 2014. (mmclc2, COURT STAFF) (Filed on 12/3/2014)

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DANIELLE L. OCHS, CA Bar No. 178677
[e-mail]
BECKI D. GRAHAM, CA Bar No. 238010
[e-mail]
OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C.
Steuart Tower, Suite 1300
One Market Plaza
San Francisco, CA 94105
Telephone:
415.442.4810
Facsimile:
415.442.4870
Attorneys for Plaintiff
TOPPAN PHOTOMASKS, INC.

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MARC N. BERNSTEIN, CA Bar No. 145837
[e-mail]
WILL B. FITTON, CA Bar No. 182818
[e-mail]
THE BUSINESS LITIGATION GROUP. P.C.
555 Montgomery St., Suite 1650
San Francisco, CA 94111
Telephone:
415.765.6633
Facsimile:
415.283.4804
Attorneys for Defendant
KEUN TAEK PARK

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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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TOPPAN PHOTOMASKS, INC.,
Plaintiff,

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Case No. 3:13-cv-03323-MMC
STIPULATED PERMANENT INJUNCTION
AND [PROPOSED] ORDER

vs.
KEUN TAEK PARK, an individual,

Complaint Filed: July 15, 2013
Trial Date:
April 20, 2015
Judge:
Hon. Maxine M. Chesney

Defendant.

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Case No.: 3:13-cv-03323-MMC
STIPULATED PRELIMINARY INJUNCTION AND [PROPOSED] ORDER

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STIPULATED PERMANENT INJUNCTION
WHEREAS, on July 17, 2013, Plaintiff Toppan Photomasks, Inc. (“Plaintiff” or “TPI”)

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filed the above-captioned action (the “Litigation”) against Defendant Keun Taek Park

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(“Defendant” or “Mr. Park”) (collectively, the “Parties”)

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WHEREAS TPI contends Mr. Park misappropriated trade secrets belonging to TPI, and
breached one or more contracts between him and TPI;

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WHEREAS Mr. Park denies each of TPI’s allegations; and

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WHEREAS, the Parties now wish to end the litigation, and have agreed as a basis for doing

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so to stipulate and agree to the issuance of a permanent injunction, as set forth herein (and agree to

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request that the Court so order);
NOW THEREFORE, the Parties stipulate and agree, and request the Court enter an order
(the “Order”), as follows:
1.

The Parties agree that from the date the Court issues this order, continuing for a

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period of ten (10) years thereafter, unless the Court otherwise orders, Defendant (and anyone acting

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on his behalf who receives actual notice of this Stipulation and Proposed Order) is hereby

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permanently restrained and enjoined from the following conduct:

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a.

Accessing TPI’s computer systems or networks;

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b.

Possessing, using, or disclosing any document or electronically stored

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information (as defined by FRCP Rule 34(a)(1)(a)) that belongs to TPI and relates to TPI’s plasma

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creation and dry etching processes, and that contains information that either:

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1. TPI has designated as a trade secret in the Litigation; or

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2. is otherwise a TPI trade secret.

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Such a document or instance of electronically stored information shall be referred to here as a

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“Confidential TPI Document;” or

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3.
c.

Park otherwise has a duty to return to TPI.

”Possessing” a Confidential TPI Document, as used in this Order, means

having possession, custody, or control of the Confidential TPI Document.
d.

“Using” a Confidential TPI Document, as used in this Order, means to refer,

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Case No.: 3:13-cv-03323-MMC
STIPULATED PERMANENT INJUNCTION AND [PROPOSED] ORDER

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after the date of this Order, to any Confidential TPI Document for assistance with or use in any

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dry-etch engineering process or project.

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e.

“Disclosing” a Confidential TPI Document, as used in this Order, means to

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refer, after the date of this Order, to any Confidential TPI Document in order to communicate its

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contents to any other person.

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2.

Within seventy-two (72) hours of any discovery of TPI Confidential Documents in

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Defendant’s possession, custody, or control, Defendant shall return such materials to TPI through

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TPI’s counsel of record along with a written declaration (1) identifying the Confidential TPI

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Documents discovered, (2) describing their precise location (e.g., found at ______ (place) in a

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computer file with the following path name: ______ ), and (3) affirming that Defendant has not

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retained any copies, abstracts, compilations, summaries or any other format reproducing or

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capturing any of the Confidential TPI Documents.

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3.

Any Confidential TPI Documents discovered and returned under Paragraph 2 shall

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be treated as Highly Confidential – Attorneys’ Eyes Only as defined by the Stipulated Protective

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Order (the “Order”) executed by the Parties in this litigation and shall be handled in a manner

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consistent with the Order.

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4.

This order shall survive the dismissal of this action.

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DATED: December 2, 2014

OGLETREE, DEAKINS, NASH, SMOAK &
STEWART, P.C.

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By: /s/ Danielle Ochs
DANIELLE L. OCHS
BECKI D. GRAHAM
Attorneys for Plaintiff
TOPPAN PHOTOMASKS, INC.

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Case No.: 3:13-cv-03323-MMC
STIPULATED PERMANENT INJUNCTION AND [PROPOSED] ORDER

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DATED: December 2, 2014

THE BUSINESS LITIGATION GROUP, P.C.

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By: /s/ Will B. Fitton
MARC N. BERNSTEIN
WILL B. FITTON
Attorneys for Defendant
KEUN TAEK PARK

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ATTESTATION OF CONCURRENCE IN FILING
In accordance with Civil Local Rule 5-1(i)(3), I attest that concurrence in the filing of this
document has been obtained from Will B. Fitton.

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Dated: December 2, 2014
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/s/ Danielle Ochs
DANIELLE L. OCHS
BECKI D. GRAHAM
Attorneys for Plaintiff

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[PROPOSED] ORDER

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SO ORDERED.

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Dated: __________, 2014
December 3

___________________________________________
MAXINE M. CHESNEY
UNITED STATES DISTRICT JUDGE
18658213.3

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Case No.: 3:13-cv-03323-MMC
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