Yue v. Chordiant Software, Inc., et al

Filing 543

FINAL JUDGMENT. Signed by Judge James Ware on August 9, 2010. (jwlc1, COURT STAFF) (Filed on 8/9/2010)

Yue v. Chordiant Software, Inc., et al

Doc. 543

1 2 3 4 5 6 7 8 9 10 Dongxiao Yue, et al., v. Plaintiffs, IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION NO. C 08-00019 JW FINAL JUDGMENT

United United States District Court

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For the Northern District of California

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Chordiant Software, Inc., Defendant. /

Pursuant to the Court's December 21, 2009 Order Re: Various Motions for Summary Judgment and Motions to Exclude Expert Testimony, judgment is entered in favor of Defendant Derek Witte against Plaintiffs Dongxiao Yue and Netbula, LLC. Plaintiffs shall take nothing from their claim against Defendant Witte. This case was also tried to a jury, District Judge James Ware presiding. Attorneys Antonio Luis Cortes and Peter Michael Shimamoto represented Plaintiffs Dongxiao Yue and Netbula, LLC. Attorneys Laurence F. Pulgram and Jedediah Wakefield represented Defendant Chordiant Software, Inc. The case was submitted to the jury for decision on one claim by Plaintiffs Dongxiao Yue and Netbula, LLC, against Defendant Chordiant Software, Inc. for copyright infringement under 17 U.S.C. §§ 101, et seq. The Verdict form required the jury to state its finding with respect to each of four copyrighted works used by Defendant without Plaintiffs' authorization by answering written interrogatories. On May 14, 2010, the jury returned a unanimous verdict on each interrogatory

Dockets.Justia.com

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submitted to it. Pursuant to the jury verdict, judgment is entered in favor of Plaintiffs on Plaintiffs' claim of copyright infringement as to each copyrighted work. Defendant Chordiant Software, Inc. shall pay Plaintiffs Dongxiao Yue and Netbula, LLC $1,426,4501 for actual damages and net profits pursuant to 17 U.S.C. § 504(b) within sixty (60) business days after entry of this Judgment. The payment shall be made by certified check, bank cashier's check, or United States postal money order payable to either Dongxiao Yue or Netbula, LLC and shall be delivered or mailed to Plaintiffs' counsel, and shall be accompanied by a letter identifying Chordiant Software, Inc. as Defendant in this action; setting forth the title and civil action number of this action and the name of this Court; and specifying that payment is made pursuant to this Judgment. Defendant shall pay post-judgment interest on any delinquent amounts pursuant to 28 U.S.C. § 1961. The Clerk shall close this file.

United States District Court

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For the Northern District of California

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Dated: August 9, 2010

JAMES WARE United States District Judge

Although the jury awarded a total of $1,426,420, the Court notes that the jury incorrectly added the individual awards on the verdict--the sum of the individual awards is actually $1,426,450. 2

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THIS IS TO CERTIFY THAT COPIES OF THIS ORDER HAVE BEEN DELIVERED TO: Albert L. Sieber [e-mail] Antonio Luis Cortes [e-mail] David M. Lacy Kusters [e-mail] Jedediah Wakefield [e-mail] Laurence F. Pulgram [e-mail] Liwen Arius Mah [e-mail] Mary Elizabeth Milionis [e-mail] Peter Michael Shimamoto [e-mail] Peter Wayne Ross [e-mail] Ryan Jared Marton [e-mail]

Dated: August 9, 2010

Richard W. Wieking, Clerk By: /s/ JW Chambers Elizabeth Garcia Courtroom Deputy

United States District Court

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For the Northern District of California

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