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

Filing 293

STIPULATED JUDGMENT. ***Civil Case Terminated.*** Signed by Judge Saundra Brown Armstrong on 10/11/2013. (ndr, COURT STAFF) (Filed on 10/11/2013)

Case4:12-cv-00790-SBA Document288 Filed08/30/13 Page1 of 9

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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

TURNER BOYD LLP
Karen I. Boyd (SBN 189808)
[e-mail]
Zhuanjia Gu (SBN 244863)
[e-mail]
2570 W. El Camino Real, Suite 380
Mountain View, CA 94040
Telephone: [phone]
Facsimile: 650.521.5931
CLOUDIGY LAW PLLC
Antigone G. Peyton
[e-mail]
8300 Greensboro Drive, Suite 1250
McLean, VA 22102
Telephone: [phone]
Facsimile: 703.436.2268

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

Attorneys for Defendant
DLT Federal Business System
Corporation

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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
[PROPOSED] 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
A/75696983.2

Case4:12-cv-00790-SBA Document288 Filed08/30/13 Page2 of 9

Plaintiff Oracle America, Inc. (“Oracle” or “Plaintiff”) and Defendant DLTFederal Business Systems Corporation a/k/a FBSCGov (“DLT-FBS” or “Defendant”) through
their undersigned counsel, hereby stipulate and move this Court for entry of judgment as follows:
Accordingly, IT IS HEREBY ADJUDGED AND ORDERED that:
1.

Oracle and DLT-FBS have entered into a Settlement Agreement to resolve

Oracle’s claims against DLT-FBS, and those parties have agreed on the terms of this Stipulated
Judgment. This settlement does not resolve, affect, or modify Oracle’s claims against
Defendants Service Key LLC and Angela Vines, which were resolved in the Settlement
Agreement and Proposed Stipulated Judgment agreed to by those parties. D.I. 225.
2.

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

of contract, inducing breach of contract, intentional interference with prospective economic
relations, unfair competition (Cal. Bus. & Prof. Code § 17200) and for an accounting, Oracle
shall recover from DLT-FBS the following monetary and equitable injunctive relief:
a. Oracle shall recover from DLT-FBS in the amount of three hundred ninety
five thousand US dollars ($395,000 (US)).
b. DLT-FBS, as well as its officers, employees, and all those acting under its
control and/or for its benefit, are hereby permanently enjoined as follows:
i.

They shall search all computers and computer storage locations in
their possession, or to which they have access, for Software and
Support Materials (defined below), and destroy and thereafter
cease to use, any and all such materials.

ii.

They shall allow Oracle, upon reasonable suspicion that DLT-FBS
is providing support services on Oracle/Sun hardware, to perform
an annual audit of their work relating to Oracle/Sun hardware for
the next five (5) years. (“Reasonable suspicion” is met by any
indication to Oracle that DLT-FBS is supporting, seeking or
bidding to support one or more customers on Oracle/Sun hardware
or otherwise involved in any manner in support for Oracle
STIPULATED JUDGMENT

Case4:12-cv-00790-SBA Document288 Filed08/30/13 Page3 of 9

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products.) 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 support personnel concerning

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Oracle/Sun products, and shall disclose such records and emails in

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any audit conducted by Oracle to enable Oracle to determine

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whether DLT-FBS has complied with the terms of this Stipulated

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Judgment.

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iii.

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. Nor shall

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they engage, retain, contract for or otherwise utilize any third party

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to access or log into any password-protected portion of any Oracle

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website or any Oracle FTP site.

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iv.

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. Nor shall they engage, retain, contract for or otherwise

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utilize any third party to use any user credentials, IDs or passwords

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

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receive, sell, or otherwise provide any such access credentials or

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IDs to any other party.

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v.

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 or for firmware on

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Oracle/Sun hardware (collectively “Software and Support
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STIPULATED JUDGMENT

Case4:12-cv-00790-SBA Document288 Filed08/30/13 Page4 of 9

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Materials”). Nor shall they engage, retain, contract for or

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otherwise utilize any third party to give, receive, sell or otherwise

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provide to anyone any Software and Support Materials.

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vi.

They shall not make any representations to any third party that

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says or implies that (i) they have access to or can access or obtain

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Software and Support Materials, (ii) they can or do provide Oracle-

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branded support, including but not limited to any representation

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that they provide “Oracle Premier Support” or (iii) they are

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authorized by Oracle, either directly or indirectly, to resell Oracle

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support and/or deliver Software and Support Materials in any

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manner whatsoever.

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vii.

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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viii.

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

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A to all current customers that have engaged DLT-FBS to provide

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support services on any Oracle/Sun hardware, and shall also

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provide the written statement attached as Exhibit A 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 DLT-FBS

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provides at the outset of an actual or prospective engagement, to

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any current or prospective clients or customers that have engaged

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or are considering engaging DLT-FBS to provide future support

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services on any Oracle/Sun hardware.

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4.

On Oracle’s claim for unjust enrichment against DLT-FBS, Oracle shall
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STIPULATED JUDGMENT

Case4:12-cv-00790-SBA Document288 Filed08/30/13 Page5 of 9

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recover nothing by way of this judgment.

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5.

Oracle’s claims for violation of the Computer Fraud and Abuse Act (18

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U.S.C. § 1030(a)(6)(A), violation of the Lanham Act (15 U.S.C. § 1125(a)(1)(B), and for

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fraudulent inducement have been resolved by the Parties pursuant to a confidential settlement

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agreement, and Oracle shall recover nothing further on those claims by way of this judgment.

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6.

As to Oracle’s claims for interference with prospective economic

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advantage and unfair competition, DLT-FBS does not stipulate to each allegation that underlies

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those claims in Oracle’s Second Amended Complaint, although it stipulates to judgment on the

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claims themselves (on the basis of breach of contract, only, and not on the basis of alleged

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fraud).
7.

On DLT-FBS’s counterclaims for tying in violation of the Sherman Act,

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Lanham Act false advertising, defamation and trade libel, tortious interference with contracts and

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customer relationships and unfair competition, DLT-FBS shall recover nothing.

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8.

Neither Oracle nor DLT-FBS shall recover costs or attorneys’ fees from

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each other. As between Oracle, on the one hand, and DLT-FBS, on the other, each shall bear its

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own costs and attorneys’ fees, except as specified in paragraph 10 below.

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9.

Oracle and DLT-FBS waive any rights to appeal this Stipulated Judgment.

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10.

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. Oracle and DLT-FBS request that in in any future action to enforce or resolve any

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disputes relating to this Stipulated Judgment, the Court refer the matter to Magistrate Judge

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Cousins for all purposes provided he is available.

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11.

This judgment, in conjunction with the Settlement Agreement and

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Proposed Stipulated Judgment entered into by Oracle and Service Key LLC and Angela Vines,

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(D.I. 225) adjudicates all claims at issue in this litigation, and is a final judgment.

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STIPULATED JUDGMENT

Case4:12-cv-00790-SBA Document288 Filed08/30/13 Page6 of 9

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DATED: August 30, 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: August 30, 2013

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Cloudigy Law PLLC

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By:

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/s/ Antigone G. Peyton
Antigone G. Peyton
Attorneys for Defendant DLT-Federal Business
Systems Corporation

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October 2013
DATED: ________,11, 2013

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___________________________
Hon. Saundra B. Armstrong
United States District Judge

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STIPULATED JUDGMENT

Case4:12-cv-00790-SBA Document288 Filed08/30/13 Page7 of 9

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ATTESTATION

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I, Geoffrey M. Howard, am counsel for Oracle America, Inc. I am the registered

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ECF user whose username and password are being used to file this [Proposed] Stipulated

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Judgment. In compliance with LR 5-1(i)(3), I hereby attest that the above-identified counsel

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concurred in this filing.

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Dated: August 30, 2013

Bingham McCutchen LLP
By: /s/ Geoffrey M. Howard
Geoffrey M. Howard
Attorneys for Plaintiff Oracle America, Inc.

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STIPULATED JUDGMENT

Case4:12-cv-00790-SBA Document288 Filed08/30/13 Page8 of 9

Exhibit
A

STIPULATED JUDGMENT

Case4:12-cv-00790-SBA Document288 Filed08/30/13 Page9 of 9

“FBSCGov CORPORATION (ALSO KNOWN AS FEDERAL BUSINESS SYSTEMS OR
DLT-FEDERAL BUSINESS SYSTEMS CORPORATION ) DOES NOT SELL OR RESELL
ORACLE SUPPORT AGREEMENTS. FBSCGov IS NOT AN ORACLE PARTNER AND IS
NOT AUTHORIZED TO RESELL OR PROVIDE IN ANY MANNER ORACLE PRODUCTS
OR SERVICES. PRICING PROVIDED IS FOR THIRD PARTY SUPPORT WITH NO
AFFILIATION WITH ORACLE. FBSCGov CORPORATION PROVIDES NO SOFTWARE,
BUG FIXES, PATCHES, UPDATES, UPGRADES, LICENSING FOR ANY SUCH
SOFTWARE OR OTHER PRODUCT, OR ANY ORACLE SUPPORT MATERIALS.
FBSCGov CORPORATION IS NOT AUTHORIZED TO PRODUCE ANY SUCH ORACLE
SOFTWARE, LICENSING, OR SUPPORT MATERIALS. ANY SOFTWARE, LICENSING
OR SUPPORT MATERIALS DEVELOPED AND DISTRIBUTED BY ORACLE AND
AUTHORIZED FOR USE ON ORACLE’S PRODUCTS MUST BE OBTAINED FROM
ORACLE OR AN AUTHORIZED ORACLE RESELLER.”

STIPULATED JUDGMENT