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)

Download PDF
1 2 3 4 5 6 7 DANIELLE L. OCHS, CA Bar No. 178677 danielle.ochs@ogletreedeakins.com BECKI D. GRAHAM, CA Bar No. 238010 becki.graham@ogletreedeakins.com 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. 8 9 10 11 12 13 14 MARC N. BERNSTEIN, CA Bar No. 145837 mbernstein@blgrp.com WILL B. FITTON, CA Bar No. 182818 wfitton@blgrp.com 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 15 UNITED STATES DISTRICT COURT 16 NORTHERN DISTRICT OF CALIFORNIA 17 SAN FRANCISCO DIVISION 18 19 TOPPAN PHOTOMASKS, INC., Plaintiff, 20 21 22 23 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. 24 25 26 27 28 Case No.: 3:13-cv-03323-MMC STIPULATED PRELIMINARY INJUNCTION AND [PROPOSED] ORDER 1 2 STIPULATED PERMANENT INJUNCTION WHEREAS, on July 17, 2013, Plaintiff Toppan Photomasks, Inc. (“Plaintiff” or “TPI”) 3 filed the above-captioned action (the “Litigation”) against Defendant Keun Taek Park 4 (“Defendant” or “Mr. Park”) (collectively, the “Parties”) 5 6 WHEREAS TPI contends Mr. Park misappropriated trade secrets belonging to TPI, and breached one or more contracts between him and TPI; 7 WHEREAS Mr. Park denies each of TPI’s allegations; and 8 WHEREAS, the Parties now wish to end the litigation, and have agreed as a basis for doing 9 so to stipulate and agree to the issuance of a permanent injunction, as set forth herein (and agree to 10 11 12 13 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 14 period of ten (10) years thereafter, unless the Court otherwise orders, Defendant (and anyone acting 15 on his behalf who receives actual notice of this Stipulation and Proposed Order) is hereby 16 permanently restrained and enjoined from the following conduct: 17 a. Accessing TPI’s computer systems or networks; 18 b. Possessing, using, or disclosing any document or electronically stored 19 information (as defined by FRCP Rule 34(a)(1)(a)) that belongs to TPI and relates to TPI’s plasma 20 creation and dry etching processes, and that contains information that either: 21 1. TPI has designated as a trade secret in the Litigation; or 22 2. is otherwise a TPI trade secret. 23 Such a document or instance of electronically stored information shall be referred to here as a 24 “Confidential TPI Document;” or 25 26 27 28 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, 1 Case No.: 3:13-cv-03323-MMC STIPULATED PERMANENT INJUNCTION AND [PROPOSED] ORDER 1 after the date of this Order, to any Confidential TPI Document for assistance with or use in any 2 dry-etch engineering process or project. 3 e. “Disclosing” a Confidential TPI Document, as used in this Order, means to 4 refer, after the date of this Order, to any Confidential TPI Document in order to communicate its 5 contents to any other person. 6 2. Within seventy-two (72) hours of any discovery of TPI Confidential Documents in 7 Defendant’s possession, custody, or control, Defendant shall return such materials to TPI through 8 TPI’s counsel of record along with a written declaration (1) identifying the Confidential TPI 9 Documents discovered, (2) describing their precise location (e.g., found at ______ (place) in a 10 computer file with the following path name: ______ ), and (3) affirming that Defendant has not 11 retained any copies, abstracts, compilations, summaries or any other format reproducing or 12 capturing any of the Confidential TPI Documents. 13 3. Any Confidential TPI Documents discovered and returned under Paragraph 2 shall 14 be treated as Highly Confidential – Attorneys’ Eyes Only as defined by the Stipulated Protective 15 Order (the “Order”) executed by the Parties in this litigation and shall be handled in a manner 16 consistent with the Order. 17 4. This order shall survive the dismissal of this action. 18 19 20 DATED: December 2, 2014 OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C. 21 22 23 24 By: /s/ Danielle Ochs DANIELLE L. OCHS BECKI D. GRAHAM Attorneys for Plaintiff TOPPAN PHOTOMASKS, INC. 25 26 27 28 2 Case No.: 3:13-cv-03323-MMC STIPULATED PERMANENT INJUNCTION AND [PROPOSED] ORDER 1 DATED: December 2, 2014 THE BUSINESS LITIGATION GROUP, P.C. 2 3 4 By: /s/ Will B. Fitton MARC N. BERNSTEIN WILL B. FITTON Attorneys for Defendant KEUN TAEK PARK 5 6 7 8 9 10 11 12 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. 13 Dated: December 2, 2014 14 15 /s/ Danielle Ochs DANIELLE L. OCHS BECKI D. GRAHAM Attorneys for Plaintiff 16 17 [PROPOSED] ORDER 18 19 SO ORDERED. 20 21 22 23 Dated: __________, 2014 December 3 ___________________________________________ MAXINE M. CHESNEY UNITED STATES DISTRICT JUDGE 18658213.3 24 25 26 27 28 3 Case No.: 3:13-cv-03323-MMC STIPULATED PERMANENT INJUNCTION AND [PROPOSED] ORDER

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?