Asia Vital Components Co., Ltd. v. Asetek Danmark A/S

Filing 243

STIPULATION AND ORDER re 242 STIPULATION WITH PROPOSED ORDER Joint Stipulation and [Proposed] Order for Entry of Final Consent Judgment filed by Asetek Danmark A/S. Signed by Judge Jon S. Tigar on April 17, 2019. (wsnS, COURT STAFF) (Filed on 4/17/2019)

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Robert F. McCauley (SBN 162056)
[e-mail]
Jacob Schroeder (SBN 264717)
[e-mail]
Jeffrey D. Smyth (SBN 280665)
[e-mail]
Arpita Bhattacharyya (SBN 316454)
[e-mail]
James S. Miller (SBN 317363)
[e-mail]
FINNEGAN, HENDERSON, FARABOW,
GARRETT & DUNNER, LLP
3300 Hillview Avenue
Palo Alto, CA 94304
Telephone:
[phone]
Facsimile:
[phone]

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Attorneys for Defendant and Counterclaimant
ASETEK DANMARK A/S

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Hubert H. Kuo (SBN 204036)
[e-mail]
Jeffrey T. Gwynn (SBN 180548)
[e-mail]
ARDENT LAW GROUP, P.C.
4340 Von Karman Ave., Suite 290
Newport Beach, CA 92660
Telephone:
[phone]
Facsimile:
[phone]
William L. Buus (SBN 180059)
[e-mail]
SCHIFFER & BUUS, APC
959 South Coast Drive, Suite 385
Costa Mesa, CA 92626
Telephone:
[phone]
Facsimile:
[phone]
Wei Lin Chen (SBN 225611)
[e-mail]
ZOOMLAW ATTORNEYS-AT-LAW
5F-4, No. 171 Songge Rd. Xinyi Dist.,
Taipei City 11085, Taiwan (R.O.C)
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Plaintiff and Counterdefendant
ASIA VITAL COMPONENTS CO., LTD.

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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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ASIA VITAL COMPONENTS CO., LTD.,
Plaintiff and
Counterdefendant,

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CASE NO. 3:16-cv-07160-JST
JOINT STIPULATION AND
[PROPOSED] ORDER FOR ENTRY OF
FINAL CONSENT JUDGMENT

v.
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ASETEK DANMARK A/S
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Defendant and
Counterclaimant.

Complaint Filed:
Judge:

September 30, 2014
Hon. Jon S. Tigar

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STIPULATION FOR CONSENT JUDGMENT
CASE NO. 3:16-CV-07160-JST

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Plaintiff and Counterdefendant Asia Vital Components Co., Ltd. (“AVC”) and Defendant

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and Counterclaimant Asetek Danmark A/S (“Asetek”) have agreed on a confidential binding term

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sheet (the “Agreement”) to fully resolve this case, and as a condition of the Agreement Asetek and

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AVC (the “Parties”) jointly stipulate to the following:

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1. The Proposed Final Consent Judgment in the form attached hereto as Exhibit A be
entered by the Court;
2. Without admitting to liability but to resolve this action and to preserve resources, AVC
agrees to pay Asetek the amount specified in the Agreement;
3. Asetek will not sue AVC and/or AVC’s Customers (defined in the Agreement), officers,

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directors, agents, servants, representatives, attorneys, employees, subsidiaries and Affiliates for

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infringement of United States Patent Nos. 8,240,362 and 8,245,764 based on the Accused Products

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in this action (defined in the Agreement and Proposed Final Consent Judgment) shipped to AVC’s

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Customers before the Effective Date of the Agreement;

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4. AVC may not and will not assert invalidity (by claim, counterclaim, or otherwise) or in

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any way challenge or contest the validity or patentability of any claim of any Asetek AIO Patent

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(defined in the Agreement) in any proceeding in any court or tribunal in any country, or in the

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United States Patent Office (including the Patent Trial and Appeal Board) or in any patent office or

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patent tribunal in any country, and AVC will terminate, withdraw, and/or dismiss any and all

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existing challenges to any and all Asetek AIO Patents or claims anywhere in the world within fifteen

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(15) days after the Effective Date;

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5. AVC will not accuse Asetek’s existing or future AIO Devices (defined in the Agreement)

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of infringing any patents or utility models issued anywhere in the world that are owned by or

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assigned to AVC, nor will AVC file any lawsuits or claims alleging such infringement. AVC will

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terminate, withdraw and/or dismiss any infringement allegations, lawsuits, or claims against Asetek

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AIO Devices (if any), within fifteen (15) days of the Effective Date of the Agreement;

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6. The Parties shall each bear their own attorneys’ fees, costs, and expenses;

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7. The Court retains jurisdiction over the Parties and to enforce the terms of the Agreement

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and the stipulated Final Consent Judgment; and
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STIPULATION FOR CONSENT JUDGMENT
CASE NO. 3:16-CV-07160-JST

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8. All remaining issues, claims, defenses, and counterclaims in this action are dismissed
with prejudice.

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Dated: April 17, 2019

FINNEGAN, HENDERSON, FARABOW,
GARRETT & DUNNER, LLP

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By:
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/s/ Arpita Bhattacharyya
Arpita Bhattacharyya
Attorneys for Defendant and Counterclaimant
ASETEK DANMARK A/S

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Dated: April 17, 2019

SCHIFFER & BUUS, APC

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By:

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/s/ William L. Buus
William L. Buus
Attorneys for Plaintiff and Counterdefendant
ASIA VITAL COMPONENTS CO., LTD.

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ATTESTATION

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Counsel for Asetek hereby attests by her signature below that concurrence in the signing and
filing of this document was obtained from counsel for AVC.

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Dated: April 17, 2019
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FINNEGAN, HENDERSON, FARABOW,
GARRETT & DUNNER, LLP

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By:

/s/ Arpita Bhattacharyya
Arpita Bhattacharyya
Attorneys for Defendant and Counterclaimant
ASETEK DANMARK A/S

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STIPULATION FOR CONSENT JUDGMENT
CASE NO. 3:16-CV-07160-JST

[PROPOSED] ORDER

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The Court, having considered the Stipulation of Plaintiff and Counterdefendant Asia Vital

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Components Co., Ltd. (“AVC”) and Defendant and Counterclaimant Asetek Danmark A/S

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(“Asetek”) (together the “Parties”) for entry of Final Consent Judgment, and FOR GOOD CAUSE

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SHOWN, HEREBY ORDERS THAT THE PARTIES’ STIPULATION IS GRANTED AND AS

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FOLLOWS:

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

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2. In accordance with the Stipulation, the Clerk of the Court is hereby directed to enter the

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Final Consent Judgment (Exhibit A to the Stipulation) after it is signed by the Court;
3. The Final Consent Judgment is binding upon the Parties, their agents, and others acting in
concert with them or legally identified with them;
4. This Court retains jurisdiction to enforce this Order, the stipulated Final Consent
Judgment, and the Agreement between the Parties.

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April 17, 2019
Dated: ____________________

_____________________________
Honorable Jon S. Tigar
United States District Judge
Northern District of California

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STIPULATION FOR CONSENT JUDGMENT
CASE NO. 3:16-CV-07160-JST