TransPerfect Global, Inc. et al v. MotionPoint Corporation

Filing 551

ORDER by Judge Claudia Wilken GRANTING IN PART DEFENDANTS 547 MOTION TO STAY THE PERMANENT INJUNCTION AND DENYING DEFENDANTS 546 MOTION TO SHORTEN TIME AS MOOT. (ndr, COURT STAFF) (Filed on 11/17/2014)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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TRANSPERFECT GLOBAL, INC.,
TRANSPERFECT TRANSLATIONS
INTERNATIONAL, INC., and
TRANSLATIONS.COM, INC.,

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United States District Court
For the Northern District of California

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Plaintiffs,
v.

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MOTIONPOINT CORP.,

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Defendant.
________________________________/

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No. C 10-2590 CW
ORDER GRANTING IN
PART DEFENDANT’S
MOTION TO STAY THE
PERMANENT INJUNCTION
AND DENYING
DEFENDANT’S MOTION
TO SHORTEN TIME AS
MOOT
(Docket Nos. 546,
547)

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On November 13, 2014, the Court entered an order denying

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Defendant MotionPoint’s post-trial motions and granting Plaintiffs

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TransPerfect Global, Inc.; TransPerfect Translations

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International, Inc.; and Translations.com, Inc.’s (collectively

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TransPerfect) motion to amend the permanent injunction.

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also entered an amended permanent injunction and an amended

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judgment.

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the date of entry.

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The Court

The Court stayed the injunction for fourteen days from

MotionPoint has now filed a motion to stay the permanent

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injunction for forty-five additional days or until the Federal

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Circuit can rule on an emergency motion for stay.

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when entering the injunction, the Court stayed the injunction for

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fourteen days.

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an opportunity to seek a stay from the Federal Circuit.

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the injunction has been stayed for over a year while the post-

As noted above,

The purpose of this stay was to allow MotionPoint
Moreover,

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trial motions were pending.

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essentially the same as that for an injunction, which the Court

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has found is met.

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F.2d 511, 512 (Fed. Cir. 1990) (quoting Hilton v. Brauskill, 481

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U.S. 770, 776 (1987)).

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forty-five days beyond the fourteen-day stay already ordered.

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stay will expire at that time, unless MotionPoint files a motion

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to stay in the Federal Circuit within fourteen days of the date of

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the injunction and the Federal Circuit grants the stay prior to

United States District Court
For the Northern District of California

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The test for a motion to stay is

Standard Havens Prods. v. Gencord Indus., 897

The Court will stay the injunction for
The

the expiration of the forty-five day period.
Accordingly, the Court GRANTS IN PART MotionPoint’s motion to

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stay.

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to stay is DENIED as moot.

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to secure compensation for TransPerfect during the pendency of

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this Court’s stay.

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the parties will file joint or separate proposals for such payment

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or securities.

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decide the matter on the papers.

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Docket No. 547.

The motion to shorten time for the motion
Docket No. 546.

The Court is prepared

Within seven days of the date of this order,

If the parties are unable to agree, the Court will

IT IS SO ORDERED.

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Dated:

November 17, 2014

CLAUDIA WILKEN
United States District Judge

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