Synopsys, Inc. v. Dolphin Technology, Inc.

Filing 47

ORDER DISMISSING CASE. Signed by Judge Edward M. Chen on 8/15/2022. (vla, COURT STAFF) (Filed on 8/15/2022)

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DENISE M. MINGRONE (SBN 135224)
[e-mail]
JONATHAN J LIU (SBN 328955)
[e-mail]
ORRICK, HERRINGTON & SUTCLIFFE LLP
1000 Marsh Road
Menlo Park, CA 94025-1015
Telephone:
[phone]
Facsimile:
[phone]
ERIN M. B. LEACH (SBN 308347)
ORRICK, HERRINGTON & SUTCLIFFE LLP
2050 Main Street, Suite 1100
Irvine, CA 92614-8255
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff, SYNOPSYS, INC.

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IN THE UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SYNOPSYS, INC.,

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Plaintiff,
v.

Case No. 3:21-cv-06207-EMC
[PROPOSED] ORDER RE
SETTLEMENT AND DISMISSAL OF
CASE WITH PREJUDICE

DOLPHIN TECHNOLOGY, INC., and DOES
1-10, inclusive,
Defendants.

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ORRICK, HERRINGTON &
SUTCLIFFE LLP

[PROPOSED] ORDER RE SETTLEMENT AND
DISMISSAL - CASE 3:21-CV-06207-EMC

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WHEREAS Plaintiff Synopsys, Inc. (“Plaintiff”) and Defendant Dolphin Technology,

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Inc., (“Defendant”) are parties to a civil action entitled Synopsys, Inc. v. Dolphin Technology,

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Inc., et al., in the United States District Court for the Northern District of California, Case No.

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3:21-cv-06207-EMC (the “Litigation”);

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WHEREAS Plaintiff has alleged that the Defendant violated the Digital Millennium
Copyright Act (“DMCA”), and Copyright Act and Defendant denies these allegations; and

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NOW THEREFORE, in consideration of the foregoing and in consideration of the

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payments, promises and mutual undertakings set forth herein and in the Parties’ Confidential

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Settlement Agreement (“Agreement”) executed by Plaintiff and Defendant and incorporated

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herein by this reference, the sufficiency of which is hereby acknowledged, the Court orders as

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follows.

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1. Defendant, including Dolphin Technology Vietnam, and its representatives, officers,
agents, directors, affiliates, servants, employees, contractors, and consultants and all
persons acting in concert or participation with it agree they have ceased accessing
any Synopsys applications or any electronic files associated with the use of or access
to any Synopsys applications, including but not limited to counterfeit license key
files, without a valid license issued from Synopsys. Defendant, including Dolphin
Technology Vietnam, and its representatives, officers, agents, directors, affiliates,
servants, employees, consultants and all persons acting in concert or participation
with it including employees and independent contractors, agree that they are
permanently enjoined from directly or indirectly accessing, using, transferring, or
copying, in any way, any Synopsys software without authorization from Synopsys
and they may use or access Synopsys applications only with a valid license issued by
Synopsys and only in the quantity specified by those licenses.
2. This Court shall retain jurisdiction of this matter to enforce the terms of the
Agreement without the necessity of any party’s filing a separate lawsuit to do so. In
any contest over an alleged violation of this Agreement, the prevailing party shall
recover its reasonable attorneys’ fees and costs.

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3. All claims filed herein are hereby dismissed with prejudice. Each party shall bear its
own fees and costs, except as specified in the Parties’ Confidential Settlement
Agreement.

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IT IS SO ORDERED.

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August 15, 2022
Dated: _____________________
HONORABLE EDWARD M. CHEN
United States District Judge

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ORRICK, HERRINGTON &
SUTCLIFFE LLP

4129-7842-1052

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[PROPOSED] ORDER RE SETTLEMENT AND
DISMISSAL – CASE 3:21-CV-06207-EMC