Ubiquiti Networks, Inc. v. Kozumi USA Corp. et al

Filing 167

ORDER by Judge Claudia Wilken Granting 162 Stipulation DISMISSING CERTAIN OF UBIQUITIS CLAIMS AND DEFENDANTS BREACH OF CONTRACT COUNTERCLAIM WITH PREJUDICE. (ndr, COURT STAFF) (Filed on 10/10/2013)

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JENNIFER LEE TAYLOR (CA SBN 161368)
[e-mail]
ALEXEI KLESTOFF (CA SBN 224016)
[e-mail]
WHITNEY E. MCCOLLUM (CA SBN 253039)
[e-mail]
MORRISON & FOERSTER LLP
425 Market Street
San Francisco, California 94105-2482
Telephone: [phone]
Facsimile: 415.268.7522
Attorneys for Plaintiff,
UBIQUITI NETWORKS, INC.

ROBERT HARKINS (State Bar No.179525)
[e-mail]
JIA-MING SHANG (State Bar No. 233326)
[e-mail]
SEDGWICK LLP
333 Bush Street, 30th Floor
San Francisco, CA 94104-2834
Telephone: [phone]
Facsimile:
415.781.2635
Attorneys for Defendants
KOZUMI USA CORP. and SHAO WEI HSU

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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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UBIQUITI NETWORKS, INC., a Delaware
corporation,

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Plaintiff,
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v.
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KOZUMI USA CORP., a Florida corporation;
SHAO WEI HSU; DOES ONE THROUGH ONE
HUNDRED,

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Case No.

12-CV-2582-CW

STIPULATION AND [PROPOSED]
ORDER DISMISSING CERTAIN OF
UBIQUITI’S CLAIMS AND
DEFENDANTS’ BREACH OF
CONTRACT COUNTERCLAIM
WITH PREJUDICE
Courtroom:
Judge:

2, 4th Floor
Hon. Claudia Wilken

Defendants.
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Complaint filed on May 18, 2012
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STIPULATION RE DISMISSAL OF CERTAIN UBIQUITI CLAIMS AND DEFENDANTS’ COUNTERCLAIM
CASE NO. 12-CV-2582-CW
sf-3310387

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Pursuant to Federal Rule of Civil Procedure 41, the parties, by and through their
respective counsel, hereby stipulate as follows:

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WHEREAS, plaintiff Ubiquiti Networks, Inc. (“Ubiquiti”) filed the Complaint in this
action on May 18, 2012;

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WHEREAS, Ubiquiti filed a First Amended Complaint (“FAC”) on October 5, 2012,

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asserting claims for counterfeiting under 15 U.S.C. § 1114; trademark infringement under

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15 U.S.C. § 1114; false designation of origin under 15 U.S.C. §1125(a); violation of the federal

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Computer Fraud and Abuse Act; violation of California’s Comprehensive Computer Data Access

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and Fraud Act; direct copyright infringement under 17 U.S.C. § 101; contributory copyright

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infringement; vicarious copyright infringement; violation of California Business and Professions

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Code § 17200; violation of California Business and Professions Code § 17500; common law

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infringement and unfair competition; libel; and violation of the Tariff Act under 19 U.S.C.

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§ 1526;

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WHEREAS, defendants filed an Answer and Counterclaims on October 29, 2012;

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WHEREAS, the Court granted Ubiquiti’s motion to dismiss all of defendants’

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counterclaims except for defendant Kozumi USA Corp.’s claim for breach of contract;

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WHEREAS, pursuant to stipulation, Ubiquiti filed a Second Amended Complaint in this

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action adding Daniel Hsu as a defendant, and asserting the same claims that were asserted in the

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FAC;

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WHEREAS, the parties have agreed to settle this action;

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WHEREAS, pursuant to that settlement, Kozumi has agreed to dismiss its breach of

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contract counterclaim with prejudice;
WHEREAS, pursuant to that settlement, Ubiquiti has agreed to dismiss with prejudice all
of its claims except for its trademark and copyright infringement claims;
NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, SUBJECT TO
THE APPROVAL OF THE COURT:
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Kozumi USA Corp.’s breach of contract counterclaim is dismissed with prejudice.

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STIPULATION RE DISMISSAL OF CERTAIN UBIQUITI CLAIMS AND DEFENDANTS’ COUNTERCLAIM
CASE NO. 12-CV-2582-CW
sf-3310387

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Ubiquiti’s claims for violation of the federal Computer Fraud and Abuse Act;

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violation of California’s Comprehensive Computer Data Access and Fraud Act; violation of

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California Business and Professions Code § 17500; common law infringement and unfair

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competition; libel; and violation of the Tariff Act under 19 U.S.C. § 1526 are dismissed with

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prejudice.

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3.

All parties will bear their own attorney’s fees and costs.

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Respectfully submitted this 27th day of September, 2013.
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JENNIFER LEE TAYLOR
ALEXEI KLESTOFF
WHITNEY E. MCCOLLUM
MORRISON & FOERSTER LLP

ROBERT HARKINS
JIA-MING SHANG
SEDGWICK LLP

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By:

/s/ Jennifer Lee Taylor
JENNIFER LEE TAYLOR
Attorneys for Plaintiff,
UBIQUITI NETWORKS, INC.

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By:

/s/ Robert Harkins
ROBERT HARKINS
Attorneys for Defendants,
KOZUMI USA CORP., WILLIAM HSU
WU and DANIEL HSU

ATTESTATION
I, Jennifer Lee Taylor, am the ECF User whose ID and password are being used to file this

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document. In compliance with Local Rule 5-1(i)(3), I hereby attest that Robert Harkins has

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concurred in this filing.

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Dated: September 27, 2013

/s/ Jennifer Lee Taylor
JENNIFER LEE TAYLOR

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STIPULATION RE DISMISSAL OF CERTAIN UBIQUITI CLAIMS AND DEFENDANTS’ COUNTERCLAIM
CASE NO. 12-CV-2582-CW
sf-3310387

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[PROPOSED] ORDER
Pursuant to the stipulation, it is SO ORDERED.

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Dated: ________________
10/10/2013

___________________________
Honorable Claudia Wilken
Judge of the United States District Court

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STIPULATION RE DISMISSAL OF CERTAIN UBIQUITI CLAIMS AND DEFENDANTS’ COUNTERCLAIM
CASE NO. 12-CV-2582-CW
sf-3310387

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