Oracle America, Inc. v. Service Key, LLC et al

Filing 225

STIPULATED JUDGMENT. Signed by Judge ARMSTRONG on 6/11/13. (lrc, COURT STAFF) (Filed on 6/11/2013)

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BINGHAM MCCUTCHEN LLP
Geoffrey M. Howard (SBN 157468)
[e-mail]
Thomas S. Hixson (SBN 193033)
[e-mail]
Kyle Zipes (SBN 251814)
[e-mail]
Three Embarcadero Center
San Francisco, California 94111-4067
Telephone: [phone]
Facsimile: 415.393.2286

GCA LAW PARTNERS LLP
Valerie M. Wagner (SBN 173146)
[e-mail]
Jill F. Kopeikin (SBN 160792)
[e-mail]
1891 Landings Drive
Mountain View, CA 94043-0848
Telephone: [phone]
Facsimile: 650.428.3901
Attorneys for Defendants
Service Key, LLC and Angela Vines

ORACLE CORPORATION
Dorian Daley (SBN 129049)
[e-mail]
Deborah K. Miller (SBN 95527)
[e-mail]
500 Oracle Parkway
M/S 5op7
Redwood City, CA 94065
Telephone: [phone]
Facsimile: 650.506.7114

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ORACLE CORPORATION
Jeffrey S. Ross (SBN 138172)
[e-mail]
10 Van de Graaff Drive
Burlington, MA 01803
Telephone: [phone]
Facsimile: 781.238.6273

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Attorneys for Plaintiff
ORACLE AMERICA, INC.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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ORACLE AMERICA, INC., a Delaware
corporation;

No. 4:12-cv-00790-SBA
STIPULATED JUDGMENT

Plaintiff,
v.
SERVICE KEY, LLC, a Georgia limited liability
company; ANGELA VINES; DLT FEDERAL
BUSINESS SYSTEMS CORPORATION, a
Delaware corporation; and DOES 1–50,
Defendants.

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Case No. 4:12-cv-00790-SBA

STIPULATED JUDGMENT

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Plaintiff Oracle America, Inc. (“Oracle” or “Plaintiff”) and Defendants Service

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Key LLC (“Service Key”) and Angela Vines (“Vines”) (together, “the Service Key

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Defendants”), through their undersigned counsel, hereby stipulate and move this Court for entry

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of judgment. This judgment does not resolve, affect, or modify Oracle’s claims against

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Defendant DLT-FBS. However, pursuant to Federal Rule of Civil Procedure 54(b), there is no

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just reason to delay the entry of judgment on Oracle’s claims against the Service Key Defendants

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as follows:

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Accordingly, IT IS HEREBY ADJUDGED AND ORDERED that:

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1.

Oracle and the Service Key Defendants have entered into a Settlement

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Agreement to resolve Oracle’s claims against the Service Key Defendants, and those parties have

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agreed on the terms of this Stipulated Judgment . This settlement does not resolve, affect, or

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modify Oracle’s claims against Defendant DLT-FBS.

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2.

On Oracle’s claims of unfair competition (Cal. Bus. & Prof. Code §

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17200) and for an accounting, Oracle shall recover from the Service Key Defendants the

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following monetary and equitable injunctive relief:

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a. The Service Key Defendants, as well as their officers, employees, and all

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those acting under their control and/or for their benefit, are hereby

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permanently enjoined as follows:

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i.

They shall search all computers and computer storage locations in

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their possession, or to which they have access, for Software and

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Support Materials, and destroy and thereafter cease to use, any and

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all such materials.

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ii.

They shall allow Oracle, at its sole discretion, to perform an annual

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audit of their work relating to Oracle/Sun hardware for the next

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five (5) years. They shall maintain complete and detailed records

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regarding their performance of any and all support services on

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Oracle/Sun hardware in their customer support record system, shall

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retain all emails sent to or from their IT Help Desk personnel, and
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STIPULATED JUDGMENT

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shall disclose such records and emails in any audit conducted by

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Oracle to enable Oracle to determine whether the Service Key

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Defendants have complied with the terms of this Stipulated

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Judgment.

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3.

On Oracle’s claims for copyright infringement (17 U.S.C. § 106),

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violation of the Computer Fraud and Abuse Act (18 U.S.C. § 1030(a)(6)(A)), violation of the

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Lanham Act (15 U.S.C. § 1125(a)(1)(B)), breach of contract, inducing breach of contract,

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fraudulent inducement, and intentional interference with prospective economic relations, Oracle

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shall recover from the Service Key Defendants the following monetary and equitable injunctive

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relief:
a. The Service Key Defendants, as well as their officers, employees, and all

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those acting under their control and/or for their benefit, are hereby

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permanently enjoined as follows:

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i.

They shall not access or log into any password-protected portion of

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any Oracle website or any Oracle FTP site, whether on their own

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behalf or as an agent or a contractor for any third party.

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ii.

They shall not use any user credentials, IDs or passwords for any

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password-protected portion of any Oracle website, or give, receive,

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sell, or otherwise provide any such access credentials or IDs to any

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other party.

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iii.

They shall not give, receive, sell or otherwise provide to anyone

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any Oracle/Sun software and/or support materials, including any

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updates, bug fixes, patches, media kits or other proprietary

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software support materials, and including any patches, bug fixes or

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updates to the Solaris Operating System (collectively “Software

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and Support Materials”).

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iv.

They shall not make any representations to any third party that
says or implies that (i) they have access to or can access or obtain
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STIPULATED JUDGMENT

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Oracle’s Software and Support Materials, (ii) they can or do

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provide Oracle-branded support, including but not limited to any

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representation that they provide “Oracle Premier Support for

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Systems” or (iii) they are authorized by Oracle, either directly or

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indirectly, to resell and/or deliver Software and Support Materials

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in any manner whatsoever.

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v.

They shall give a copy of this Stipulated Judgment and written

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instructions to their officers, employees and agents that they must

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comply with the restrictions regarding the Software and Support

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Materials set forth in this Stipulated Judgment, on pain of

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disciplinary action, up to and including termination, and they shall

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take appropriate disciplinary action against known violators.

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vi.

They shall give a copy of the written statement attached as Exhibit

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A to all current customers that have engaged the Service Key

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Defendants to provide support services on any Oracle/Sun

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hardware, and shall also provide the statement along with any

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request, solicitation, advertisement or proposal for any professional

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services, or any other comparable document that the Service Key

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Defendants provide at the outset of an actual or prospective

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engagement, to any current or prospective clients or customers that

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have engaged or are considering engaging the Service Key

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Defendants to provide future support services on any Oracle/Sun

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hardware.

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4.

On Oracle’s claim for unjust enrichment against the Service Key

Defendants, Oracle shall recover nothing.
5.

Neither Oracle nor the Service Key Defendants shall recover costs or

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attorneys’ fees from each other. As between Oracle, on the one hand, and the Service Key

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Defendants, on the other, each shall bear its own costs and attorneys’ fees, except as specified in
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STIPULATED JUDGMENT

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paragraph 7 below.
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Oracle and the Service Key Defendants waive any rights to appeal this

Stipulated Judgment.
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The Court retains jurisdiction over any action to enforce this Stipulated

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Judgment. In any such action, the prevailing party shall be entitled to reasonable attorneys’ fees

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and costs. Given Magistrate Judge Nathanial Cousins’ familiarity with the process that

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concluded with this Stipulated Judgment, Oracle and the Service Key Defendants request that in

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in any future action to enforce or resolve any disputes relating to this Stipulated Judgment, the

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Court refer the matter to Magistrate Judge Cousins for all purposes provided he is available.

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DATED: May 23, 2013

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Bingham McCutchen LLP

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By:

/s/ Geoffrey M. Howard
Geoffrey M. Howard
Attorneys for Plaintiff
Oracle America, Inc.

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DATED: May 23, 2013

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GCA Law Partners LLP

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By:

/s/ Valerie M. Wagner
Valerie M. Wagner
Attorneys for Defendants Service Key, LLC,
and Angela Vines

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STIPULATED JUDGMENT

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DATED: 6/11/13

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___________________________
Hon. Saundra B. Armstrong
United States District Judge

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STIPULATED JUDGMENT

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Exhibit
A

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STIPULATED JUDGMENT

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“SERVICEKEY DOES NOT SELL OEM SERVICE AGREEMENTS. PRICING PROVIDED

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IS FOR AN ALTERNATIVE HARDWARE MAINTENANCE PROGRAM PROVIDED BY

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AN INDEPENDENT SERVICE MAINTENANCE ORGANIZATION. SERVICEKEY

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PROVIDES NO SOFTWARE, BUG FIXES, PATCHES, UPDATES, UPGRADES,

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LICENSING FOR ANY SUCH SOFTWARE OR OTHER PRODUCT, OR ANY OEM

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SUPPORT MATERIALS. SERVICE KEY IS NOT AUTHORIZED TO PRODUCE ANY

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SUCH SOFTWARE, LICENSING, OR SUPPORT MATERIALS. ANY SOFTWARE,

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LICENSING OR SUPPORT MATERIALS DEVELOPED AND DISTRIBUTED BY THE

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OEM AND AUTHORIZED FOR USE ON THE OEM’S PRODUCTS MUST BE OBTAINED

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FROM THE OEM ITSELF.”

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STIPULATED JUDGMENT