Asetek Danmark A/S v. Newegg Inc. et al

Filing 56

STIPULATION AND ORDER re 55 STIPULATION WITH PROPOSED ORDER Stipulation and Proposed Order for Entry of Judgment and Permanent Injunction filed by Asetek Danmark A/S. Signed by Judge Jon S. Tigar on October 23, 2017. (wsn, COURT STAFF) (Filed on 10/23/2017)

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Robert F. McCaulyey (SBN 162056)
[e-mail]
Erik P. Puknys (SBN 190926)
[e-mail]
Jacob Schroeder (SBN 264717)
[e-mail]
Jeffrey D. Smyth (SBN 280665)
[e-mail]
FINNEGAN, HENDERSON, FARABOW,
GARRETT & DUNNER, LLP
3300 Hillview Avenue
Palo Alto, California 94304
Telephone:
[phone]
Facsimile:
[phone]

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Attorneys for PLaintiff
ASETEK DANMARK A/S

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Gordon M. Fauth, Jr. (SBN 190280)
LITIGATION LAW GROUP
1801 Clement Avenue, Suite 101
Alameda, CA 94501
Telephone:
[phone]
Facsimile:
[phone]
[e-mail]
Kent E. Baldauf, Jr. (PA ID No. 70793)*
Bryan P. Clark (PA ID No. 205708)*
Christian D. Ehret (PA ID No. 311984)*
THE WEBB LAW FIRM
One Gateway Center
420 Ft. Duquesne Blvd., Suite 1200
Pittsburgh, PA 15222
Telephone:
[phone]
Facsimile:
[phone]
[e-mail]
[e-mail]
[e-mail]
*Pro Hac Vice Applications Forthcoming*

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Counsel for Defendants
Newegg, Inc. and Newegg North America, 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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ASETEK DANMARK A/S,
Plaintiff,

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CASE NO. 3:16-CV-7068-JST
STIPULATION AND [PROPOSED]
ORDER FOR ENTRY OF JUDGMENT
AND PERMANENT INJUNCTION

v.
NEWEGG INC. and NEWEGG NORTH
AMERICA INC.,

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Defendants.
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STIPULATION AND [PROPOSED] ORDER
CASE NO. 3:16-CV-7068-JST

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Plaintiff Asetek Danmark A/S (“Asetek”) and Defendants Newegg Inc. and Newegg North

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America, Inc. (collectively, “Newegg”), through their respective counsel of record, hereby advise the

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Court that they have agreed to certain terms (“Settlement Agreement”) that will resolve this matter

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entirely. Newegg has agreed, among other terms, to a consent judgment and injunction as provided

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herein. Accordingly, the Parties stipulate, with the Court’s permission, that:

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1. Newegg consents to an entry of Judgment in favor of Asetek and against Newegg in

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this action and the Injunction provided herein;
2. As used herein, “Infringing Products” shall mean the following Cooler Master

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products: Seidon 120M, Seidon 120XL, Seidon 240M, Seidon 120V, Seidon 120V

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Plus, Nepton 140XL, Nepton 240L, Glacer 240L, and other Cooler Master products

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identified by Asetek that the Court has found or CMI USA has acknowledged are not

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more than colorably different from the products under the Permanent Injunction

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Order.

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3.

As used herein, “Person Bound by this Injunction” shall mean the following entities

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or persons who receive actual notice of this injunction: Newegg, its subsidiaries and

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affiliated companies, as well as their successors, assigns, officers, directors, agents,

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servants, employees, representatives and attorneys, and those persons in active

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concert or participation with them who receive notice of this Order.

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4. Each Person Bound by this Injunction is hereby immediately restrained and enjoined,

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pursuant to 35 U.S.C. § 283 and Fed. R. Civ. P. 65, from offering for sale or selling in

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the United States (including listing or otherwise offering the Infringing Products on

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newegg.com or other websites or on-line stores controlled by any Person Bound by

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this Injunction), or importing into the United States, causing to be offered for sale, or

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sold in the United States, or imported into the United States, the Infringing Products,

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or knowingly allowing others to list or otherwise offer the Infringing Products on

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newegg.com or other website or on-line stores controlled by any Person Bound by

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this Injunction to customers located in the United States.

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STIPULATION AND [PROPOSED] ORDER
CASE NO. 3:16-CV-7068-JST

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5. To the extent any Person Bound by this Injunction continues to list the Infringing

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Products for sale on any website or on-line store intended for customers located

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outside the United States, that Person shall include (1) the written notice in paragraph

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6 below on every webpage or on-line store page listing for any of the Infringing

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Products, regardless of where they are sold; and (2) a link to a copy of the Court’s

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Permanent Injunction Order (as noted in paragraph 5 below).

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6. The written notice to be prominently displayed on every webpage or on-line store

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page listing for any of the Infringing Products and along with every bill of sale in

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which the Infringing Products are shipped or sold shall state the following, and

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include a link to the text of the Court’s Permanent Injunction Order:

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This product may not be sold, offered for sale, or used in the United
States. Nor can this product be imported into the United States.
This product is affected by a Permanent Injunction entered by the United
States District Court for the Northern District of California in Civil
Action No. 3:13-CV-00457-JST (click link for text of injunction). This
product or its use infringes U.S. Patent Nos. 8,240,362 and 8,245,764,
which are assigned to Asetek Danmark A/S.

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7. This injunction order shall remain in effect until both of U.S. Patent Nos. 8,240,362

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and 8,245,764 have expired. Should either patent be finally adjudged invalid in

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another proceeding, either party may petition the Court to request a modification of

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the injunction.

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8. Newegg must install software-based safeguards and monitor its Marketplace as
provided in the parties’ separate Settlement Agreement.
ATTESTATION
By his signature below, counsel for Plaintiff Asetek Danmark A/S hereby attests that counsel
for Defendants concur in the filing of this document.

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STIPULATION AND [PROPOSED] ORDER
CASE NO. 3:16-CV-7068-JST

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Dated: October 19, 2017

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Respectfully submitted,
FINNEGAN, HENDERSON, FARABOW,
GARRETT & DUNNER, LLP

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By: /s/ Robert F. McCauley
Robert F. McCauley (SBN 162056)
Attorneys for Plaintiff
ASETEK DANMARK A/S

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LITIGATION LAW GROUP

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By: /s/ Gordon M. Fauth, Jr.
Gordon M. Fauth, Jr.
Attorneys for Defendants
NEWEGG INC. and
NEWEGG NORTH AMERICA INC.

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[PROPOSED] ORDER
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Pursuant to the foregoing stipulation of the parties, IT IS SO ORDERED. JUDGMENT and

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the Injunction are hereby entered in favor of Plaintiff Asetek Danmark A/S and against Defendants

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Newegg Inc. and Newegg North America, Inc. as provided in the parties’ stipulation above. The

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Clerk may close the file.

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Date: October

, 2017

_____________________________
The Honorable Jon S. Tigar
United States District Court Judge

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STIPULATION AND [PROPOSED] ORDER
CASE NO. 3:16-CV-7068-JST