King.com Limited v. 6 Waves LLC
Filing
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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)
lpulgram@fenwick.com
JENNIFER LLOYD KELLY (CSB No. 193416)
jkelly@fenwick.com
LIWEN MAH (CSB No. 239033)
lmah@fenwick.com
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)
ralph.robinson@wilsonelser.com
FRANCIS TORRENCE (CSB No. 154653)
francis.torrence@wilsonelser.com
WILSON ELSER MOSKOWITZ, EDELMAN &
DICKER, LLP
525 Market Street, 17th Floor
San Francisco, CA 94105
Telephone: 415.433.0990
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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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.
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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)
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