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.
________________________________/

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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