Epic Games, Inc. et al v. Josefsson et al

Filing 24

FINAL JUDGMENT AND PERMANENT INJUNCTION. ***Civil Case Terminated.*** Signed by Judge Haywood S. Gilliam, Jr. on 12/6/2017. (ndrS, COURT STAFF) (Filed on 12/6/2017)

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1 2 3 4 5 6 7 8 9 William C. Rava (pro hac vice) WRava@perkinscoie.com Holly M. Simpkins (pro hac vice) HSimpkins@perkinscoie.com PERKINS COIE LLP 1201 Third Avenue, Suite 4900 Seattle, WA 98101 Telephone: 206.359.8000 Facsimile: 206.359.9000 Lauren B. Cohen, Bar No. 285018 LCohen@perkinscoie.com PERKINS COIE LLP 3150 Porter Drive Palo Alto, CA 95130 Telephone: 650.838.4300 Facsimile: 650.838.4350 Attorneys for Plaintiffs 10 11 EPIC GAMES, INC. and EPIC GAMES INTERNATIONAL S.À.R.L. 12 UNITED STATES DISTRICT COURT 13 NORTHERN DISTRICT OF CALIFORNIA 14 15 16 17 EPIC GAMES, INC., a Maryland corporation; and EPIC GAMES INTERNATIONAL S.À.R.L., a Luxembourg Société à Responsibilité Limitée, Case No. 17-cv-05961-HSG FINAL JUDGMENT AND PERMANENT INJUNCTION Plaintiffs, 18 19 v. 20 PHILIP JOSEFSSON, an individual; and ARTEM YAKOVENKO, an individual, 21 Defendants. 22 23 24 25 26 27 28 -1131695355 FINAL JUDGMENT AND PERMANENT INJUNCTION Case No. 4: 17-cv-05961-HSG 1 IT IS HEREBY ORDERED, ADJUDGED, AND DECREED THAT: 2 1. This is an action for copyright infringement; contributory copyright infringement; 3 trademark infringement; false designation of origin; breach of contract; and California unfair 4 competition. 5 2. Defendant Philip Josefsson (“Josefsson”), a resident of Gothenburg, Sweden, 6 submitted to the jurisdiction of this Court by submitting a counter notification consenting to the 7 jurisdiction of this district under the Digital Millennium Copyright Act, 17 U.S.C. § 512. 8 9 10 3. This Court has jurisdiction over Plaintiffs Epic Games, Inc. and Epic Games International, S.À.R.L. (collectively “Epic”) and Josefsson as well as the subject matter at issue in this action. 11 4. This Final Judgment and Permanent Injunction, the Stipulation for Entry of Final 12 Judgment and Permanent Injunction, and the Settlement Agreement have been translated into 13 Swedish and Josefsson acknowledges that he has reviewed these documents and understands their 14 meaning and effect. 15 5. Epic alleges that Josefsson created, developed, and/or wrote a software cheat for 16 Fortnite’s Battle Royale game mode; Josefsson then created and posted several videos on 17 YouTube to advertise, demonstrate, and distribute his cheat; Josefsson’s videos feature Epic’s 18 FORTNITE mark and full screen gameplay using the cheat; the derivative works created by 19 Josefsson’s cheat also contain the FORTNITE mark; and Josefsson intentionally induces others to 20 infringe the FORTNITE mark by distributing his cheat. 21 6. Judgment. Based on the Parties’ stipulation, judgment is entered in favor of the 22 Epic and against Josefsson on the following causes of action: copyright infringement, 23 contributory copyright infringement, trademark infringement, false designation of origin, breach 24 of contract, and California unfair competition. 25 7. Permanent Injunction. Philip Josefsson along with his agents, representatives, 26 partners, joint venturers, servants, employees, and all those persons or entities acting in concert or 27 participation with him, shall be and hereby are PERMANENTLY ENJOINED and restrained 28 from: -2131695355 FINAL JUDGMENT AND PERMANENT INJUNCTION Case No. 4: 17-cv-05961-HSG 1 a) 2 distribution of Fortnite or any other works now or hereafter protected by any 3 copyright owned by Epic; 4 b) 5 anything that infringes Epic’s works now or hereafter protected by any copyright 6 owned by Epic; 7 c) 8 Epic’s copyrights, or of Epic’s rights in, or right to use or exploit, its copyrights; 9 d) unfairly competing with Epic in any manner whatsoever; 10 e) cheating in any game, now existing or that is created in the future, 11 developed or published by Epic or its corporate affiliates; and 12 f) 13 performing any of the activities referenced in paragraphs 7(a) through 7(e) above. 14 8. imitating, copying, or making any other infringing use or infringing creating, writing, developing, advertising, promoting, and/or distributing engaging in any other activity that constitutes an infringement of any of assisting, aiding, or abetting any other person or entity in engaging in or Future Claims Unaffected. Nothing in this Final Judgment and Permanent 15 Injunction precludes Epic or Josefsson from asserting any claims or rights that arise solely after 16 Josefsson’s stipulation to this Final Judgment and Permanent Injunction or that are based upon 17 any breach of, or the inaccuracy of, any representation or warranty made by Josefsson in the 18 Stipulation for Entry of Final Judgment and Permanent Injunction, the Final Judgment and 19 Permanent Injunction or the Settlement Agreement reached by the Parties. 20 9. Claims Against Third Parties Unaffected. Nothing in this Final Judgment and 21 Permanent Injunction precludes Epic or Josefsson from asserting any claims or rights as against 22 any third party. 23 24 25 26 10. Non-Appealability. This Final Judgment and Permanent Injunction is final and may not be appealed by either party. 11. Rule 65(d). Josefsson waives any objection under Federal Rule of Civil Procedure 65(d) (pertaining to injunctions) to paragraph 7 above. 27 12. 28 prejudice. Dismissal. The claims in this action against Josefsson are dismissed with -3131695355 FINAL JUDGMENT AND PERMANENT INJUNCTION Case No. 4: 17-cv-05961-HSG 1 13. Fees and Costs. Each party shall bear its own attorneys’ fees and costs. 2 14. Retention of Jurisdiction. The Court shall retain jurisdiction to enforce this Final 3 Judgment and Permanent Injunction. 4 PURSUANT TO STIPULATION, IT IS SO ORDERED. 5 DATED this 6th day of December, 2017 6 Judge Haywood S. Gilliam, Jr. DISTRICT COURT JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -4131695355 FINAL JUDGMENT AND PERMANENT INJUNCTION Case No. 4: 17-cv-05961-HSG

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