Ubiquiti Networks, Inc. v. Kozumi USA Corp. et al
Filing
165
ORDER DIRECTING PARTIES TO CLARIFY ( 162 , 163 STIPULATION. Signed by Judge Claudia Wilken on 10/7/2013. (ndr, COURT STAFF) (Filed on 10/7/2013)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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UBIQUITI NETWORKS, INC.,
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No. C 12-2582 CW
Plaintiff,
ORDER DIRECTING
PARTIES TO CLARIFY
STIPULATION
v.
KOZUMI USA CORP. and SHAO WEI
HSU,
Defendants.
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United States District Court
For the Northern District of California
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On September 27, 2013, the parties filed a stipulation
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stating that they had “agreed to settle this action.”
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162, Stipulation Re: Dismissal, at 1.
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stipulation, Defendant Kozumi USA Corp. agreed to dismiss its sole
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counterclaim and Plaintiff Ubiquiti Networks, Inc. agreed to
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dismiss “all of its claims except for its trademark and copyright
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infringement claims.”
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to dismiss these claims, the parties filed a second stipulation
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asking the Court to enter judgment and issue a permanent
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injunction.
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(stating that the “settlement agreement resolves the dispute
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between the parties”).
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provides a clear resolution to Plaintiff’s trademark and copyright
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infringement claims.
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Id.
Docket No.
Under the terms of that
Shortly after filing the stipulation
Docket No. 163, Stipulation Re: Perm. Inj., at 1
Neither of the two stipulations, however,
Accordingly, within two days of this order, the parties shall
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file a brief joint statement clarifying whether or not Plaintiff
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still intends to pursue its remaining trademark and copyright
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claims in this action.
If so, the Court will not enter the
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parties’ proposed judgment or issue their proposed permanent
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injunction at this time.
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provides that a court may only direct entry of a partial judgment
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if it “expressly determines that there is no just reason for
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delay.”
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parties explain why a partial judgment should be entered before
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Plaintiff’s trademark and copyright claims have been resolved.
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Federal Rule of Civil Procedure 54(b)
The Court cannot make such a determination here until the
IT IS SO ORDERED.
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United States District Court
For the Northern District of California
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Dated: 10/7/2013
CLAUDIA WILKEN
United States District Judge
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