King.com Limited v. 6 Waves LLC

Filing 100

ORDER FOR ENTRY OF CONSENT JUDGMENT Signed by Judge Maxine M. Chesney on September 29, 2014. (mmclc2, COURT STAFF) (Filed on 9/29/2014)

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Case3:13-cv-03977-MMC Document95 Filed09/17/14 Page1 of 7

LAURENCE F. PULGRAM (CSB No. 115163)
[e-mail]
JENNIFER LLOYD KELLY (CSB No. 193416)
[e-mail]
LIWEN MAH (CSB No. 239033)
[e-mail]
FENWICK & WEST LLP
555 California Street, 12th Floor
San Francisco, CA 94104
Telephone:
415.875.2300
Facsimile:
415.281.1350
Attorneys for Plaintiff
KING.COM LIMITED, a Malta Corporation

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SAN FRANCISCO

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ATTORNEYS AT LAW

F ENWICK & W EST LLP

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RALPH ROBINSON (CSB No. 51436)
[e-mail]
FRANCIS TORRENCE (CSB No. 154653)
[e-mail]
WILSON ELSER MOSKOWITZ, EDELMAN &
DICKER, LLP
525 Market Street, 17th Floor
San Francisco, CA 94105
Telephone: [phone]
Facsimile: 415.434.1370
Attorneys for Defendants
6 WAVES LLC, SIX WAVES 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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KING.COM LIMITED, a Malta Corporation,

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Plaintiff,

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v.
6 WAVES LLC, a Delaware Limited Liability
Company, SIX WAVES INC., a British Virgin
Islands Company, and DOES 1-5,

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Case No. 3:13-cv-03977-MMC (DMR)
STIPULATION AND [PROPOSED]
ORDER FOR ENTRY OF CONSENT
JUDGMENT
Courtroom: 7, 19th floor
Judge:
Hon. Maxine M. Chesney

Defendants.

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STIPULATION AND [PROPOSED] ORDER FOR
ENTRY OF CONSENT JUDGMENT

Case No. 13- cv-03977-MMC (DMR)

Case3:13-cv-03977-MMC Document95 Filed09/17/14 Page2 of 7

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STIPULATION FOR ORDER

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FOR ENTRY OF CONSENT JUDGMENT
Defendants 6 Waves LLC and Six Waves Inc. (“6waves”) and Plaintiff King.com Limited

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(“King”) having met, conferred, and agreed to resolve their dispute upon execution of a separate

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Settlement Agreement, as a term of such settlement respectfully stipulate to the following:
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this District.

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2.

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3.

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4.

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SAN FRANCISCO

Six Waves, Inc. is a British Virgin Islands Company that has conducted business
in this District, from which King’s claims in this action arise.

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ATTORNEYS AT LAW

At the initiation of this action, 6 Waves LLC was a Delaware Limited Liability
Company residing in this District.

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F ENWICK & W EST LLP

Plaintiff King.com Limited (“King”) is a Maltese corporation doing business in

Six Waves, Inc. wholly owns subsidiaries 6waves Limited, Beijing You Mai Hu
Dong Technology Co. Ltd., and 6 Waves LLC.

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5.

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King brought this suit and alleges that 6 Waves LLC and Six Waves, Inc. (doing

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business as 6waves) infringe copyrights King holds in its games Farm Heroes

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Saga and Pet Rescue Saga by copying, distributing, and displaying the 6waves

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games Farm Epic and Treasure Epic in the United States, including in this

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District.
6.

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6 Waves LLC and Six Waves, Inc. stipulate and consent to the entry of a

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permanent injunction against them as follows:

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a. 6 Waves LLC and Six Waves, Inc. hereby stipulate and consent that, as of

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September 30, 2014, they and any past, current, or future parent corporations,

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subsidiaries, affiliates, predecessors, successors, assigns, attorneys, officers,

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and directors, will be permanently enjoined from marketing, advertising,

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promoting, reproducing, distributing, or displaying the games Farm Epic and

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Treasure Epic, including any and all versions of those games.

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b. King hereby stipulates and consents to the dismissal of all of its claims in this

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Action with prejudice and waives any right of appeal from any judgment
STIPULATION AND [PROPOSED] ORDER FOR
ENTRY OF CONSENT JUDGMENT

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Case No. 13-cv-03977-MMC (DMR)

Case3:13-cv-03977-MMC Document95 Filed09/17/14 Page3 of 7

rendered herein.

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c. 6 Waves LLC and Six Waves, Inc hereby stipulate and consent to the dismissal

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of all of their defenses in this action with prejudice and waive any right of

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appeal from any judgment rendered herein.

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d. 6 Waves LLC and Six Waves, Inc, and King, stipulate that, except as provided

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in their Settlement Agreement, each party shall bear its own attorneys’ fees,

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costs and expenses in connection with this Action.
e. 6 Waves LLC and Six Waves, Inc, and King, stipulate to the continuing

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jurisdiction of this Court for the purposes of enforcement of the Settlement

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Agreement and judgment rendered in accordance with the above.

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SAN FRANCISCO

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ATTORNEYS AT LAW

F ENWICK & W EST LLP

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Dated: September 15, 2014

FENWICK & WEST LLP

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By: /s/ Jennifer L. Kelly
Jennifer L. Kelly

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Attorneys for Plaintiff
KING.COM LIMITED

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Dated:

September 15, 2014

WILSON ELSER MOSKOWITZ, EDELMAN &
DICKER, LLP

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By: /s/ Francis Torrence
Francis Torrence

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Attorneys for Defendants
6 WAVES LLC AND SIX WAVES INC.

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ORDER FOR ENTRY OF CONSENT JUDGMENT PURSUANT TO STIPULATION

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The Court, having considered the Stipulated Motion for Entry of Judgment and Consent

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Judgment of the Parties,
HEREBY ORDERS AS FOLLOWS:

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1. This Court has jurisdiction over the parties and the subject matter of this action.

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STIPULATION AND [PROPOSED] ORDER FOR
ENTRY OF CONSENT JUDGMENT

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Case No. 13-cv-03977-MMC (DMR)

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2. As set out in the parties’ Stipulation for Order for Entry of Consent Judgment, as of

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September 30, 2014, 6waves, and any past, current, or future parent corporations, subsidiaries,

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affiliates, predecessors, successors, assigns, attorneys, officers, and directors, are permanently

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enjoined from marketing, advertising, promoting, reproducing, distributing, or displaying the

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games Farm Epic and Treasure Epic, including any and all versions of those games.
3. The Clerk of the Court is hereby directed to enter the attached form of Consent

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Judgment in accordance with the parties’ Stipulation and this Order, each party to bear its own

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attorneys’ fees, costs and expenses.
4. This Consent Judgment is binding upon and constitutes res judicata between the parties

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and their privies.
5. All of King’s claims in this action are dismissed with prejudice. All of 6 Waves LLC’s

SAN FRANCISCO

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ATTORNEYS AT LAW

F ENWICK & W EST LLP

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and Six Waves, Inc.’s defenses in this action are dismissed with prejudice.
6. No party to this Consent Judgment may appeal the Consent Judgment. Instead, all

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parties have knowingly, intentionally, willingly, and explicitly waive their right to appeal this

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Consent Judgment.
7. This Court retains jurisdiction to enforce the terms of this Order and resulting Consent

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Judgment and the Settlement Agreement between the parties.

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IT IS SO ORDERED.

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Dated: September __, 2014
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By:

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Maxine M. Chesney
United States District Judge

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STIPULATION AND [PROPOSED] ORDER FOR
ENTRY OF CONSENT JUDGMENT

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Case No. 13-cv-03977-MMC (DMR)