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

Filing 168

ORDER by Judge Claudia Wilken Granting 163 Stipulation For Entry Of Final Judgment and Permanent Injunction. (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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Case No.

12-CV-2582-CW

STIPULATION FOR ENTRY OF
FINAL JUDGMENT AND
PERMANENT INJUNCTION

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

Courtroom:
Judge:

2, 4th Floor
Hon. Claudia Wilken

Complaint filed on May 18, 2012

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Defendants.
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STIPULATION FOR ENTRY OF FINAL JUDGMENT AND PERMANENT INJUNCTION
CASE NO. 12-CV-2582-CW
sf-3309890

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WHEREAS, plaintiff Ubiquiti Networks, Inc. (“Ubiquiti”) commenced this action on May

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18, 2012, alleging that defendants Kozumi USA Corp. and Shao Wei Hsu had engaged in

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counterfeiting Ubiquiti products, and asserting claims for, among other things, trademark and

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copyright infringement;
WHEREAS, pursuant to stipulation, Ubiquiti has added Daniel Hsu as a defendant in this

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action;

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WHEREAS, the parties have agreed to settle this action;

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WHEREAS, pursuant to the terms of the settlement, the Defendants in this action have

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agree to stipulate to entry of judgment and a permanent injunction;
NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, SUBJECT TO

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THE APPROVAL OF THE COURT:
1.

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The proposed Final Judgment and Permanent Injunction attached hereto as

Exhibits A and B, respectively shall be entered in this action.
2.

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The parties further stipulate that the judgment shall become final for all purposes

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upon entry of judgment and that Ubiquiti and Defendants waive any right to appeal or seek

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review of this judgment by a higher court.
3.

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Defendants hereby expressly waive notice of entry of judgment, notice of and right

to any hearing regarding entry of judgment and notice of default hereon.
4.

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The Court shall retain jurisdiction over the parties for the purposes of enforcing

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this Stipulation, of enforcing the Final Judgment and Permanent Injunction, and of any

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proceedings related to enforcing same.
5.

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The settlement agreement resolves the dispute between the parties. Each party

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shall bear its own costs.

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//

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//

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//

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STIPULATION FOR ENTRY OF FINAL JUDGMENT AND PERMANENT INJUNCTION
CASE NO. 12-CV-2582-CW
sf-3309890

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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

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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.

By:

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

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ATTESTATION
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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 FOR ENTRY OF FINAL JUDGMENT AND PERMANENT INJUNCTION
CASE NO. 12-CV-2582-CW
sf-3309890

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[PROPOSED] ORDER

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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 FOR ENTRY OF FINAL JUDGMENT AND PERMANENT INJUNCTION
CASE NO. 12-CV-2582-CW
sf-3309890

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