Cyntec Company, Ltd. v. Chilisin Electronics Corp. et al

Filing 335

ORDER by Judge Hamilton granting 330 Motion for entry of sunset list; granting 332 Administrative Motion to File Under Seal. (pjhlc3, COURT STAFF) (Filed on 8/1/2022)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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CYNTEC COMPANY, LTD.,

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United States District Court
Northern District of California

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Case No. 18-cv-00939-PJH

Plaintiff,

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v.

ORDER GRANTING MOTION FOR
ENTRY OF SUNSET LIST

CHILISIN ELECTRONICS CORP., et al.,

Re: Dkt. Nos. 330, 332

Defendants.

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Before the court is Chilisin’s opposed motion for the entry of a sunset list as an

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appendix to the permanent injunction previously entered in this case. See Dkt. 322, 330.

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The injunction submitted by Cyntec on May 20, 2022 and adopted by the court on May

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24, states that “permitted sunset sales, if any, shall be specifically and exclusively

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identified in an Appendix to this Injunction, a draft of which shall be jointly submitted by

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Cyntec and Chilisin for the Court’s consideration.” (emphasis added).

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The words “shall be” are a clear indication that the list will be submitted at a future

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date. Cyntec now argues that the deadline to submit the sunset list was May 20, but the

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court finds no basis for that position. Chilisin’s motion for entry of the sunset list (Dkt.

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330) is GRANTED, and Chilisin’s motion to seal (Dkt. 332) is also GRANTED. The

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hearing set for August 11, 2022 is VACATED.

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IT IS SO ORDERED.
Dated: August 1, 2022
/s/ Phyllis J. Hamilton
PHYLLIS J. HAMILTON
United States District Judge