SolarBridge Technologies, Inc. v. Doe

Filing 42

JUDGMENT AND PERMANENT INJUNCTION in favor of SolarBridge Technologies, Inc. against Issac Ozkaynak. Signed by Judge Edward J. Davila on 6/12/2012. (ejdlc1, COURT STAFF) (Filed on 6/12/2012)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 NORTHERN DISTRICT OF CALIFORNIA 9 SAN JOSE DIVISION United States District Court For the Northern District of California 10 11 SOLARBRIDGE TECHNOLOGIES, INC., a Delaware Corporation Plaintiff, 12 v. 13 14 ISAAC OZKAYNAK, an individual, DEFENDANT. 15 ) ) ) ) ) ) ) ) ) ) ) Case No. C 10-cv-03769-EJD. JUDGMENT AND PERMANENT INJUNCTION 16 17 18 19 20 21 22 23 24 25 26 27 28 This matter having been fully considered, and the court having granted Plaintiff, SolarBridge Technologies Motion for Default Judgment against Defendant, Isaac Ozkaynak, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that Judgment is entered in favor of Plaintiff, SolarBridge Technologies against Defendant, Isaac Ozkaynak in the sum of $56,989.98 in attorney’s fees, together with costs in the sum of $9,573.35, for a total judgment of $66,563.33. AND IT IS FURTHER ORDERED THAT: 1. Pursuant to Federal Rule of Civil Procedure 65(d), Defendant, his agents, assignees, and successors-in-interest, and those in active concert or participation with him are permanently enjoined from: a. directly or indirectly using, for any purpose, any physical or electronic items or documents belonging to Plaintiff, including all devices, records, data, notes, reports, proposals, lists, correspondence, specifications, drawings, blueprints, sketches, laboratory notebooks, flow 1 Case No. C 10-cv-03769-EJD JUDGMENT AND PERMANENT INJUNCTION 1 charts, materials, equipment, other documents or property, or copies or reproductions of any 2 aforementioned items or documents, and any information contained, reflected, found or derived 3 from the foregoing (the foregoing is referred to as “Plaintiff Materials and Information”); 4 b. directly or indirectly disclosing, for any purpose, any Plaintiff Materials and Information 5 to any third party, including but not limited to any current, future, actual or potential competitor to 6 Plaintiff; 7 8 9 c. directly or indirectly accessing, for any purpose, any SolarBridge Materials and Information, including not limited through any physical or electronic means; d. directly or indirectly selling, offering for sale, conveying, transferring, developing, United States District Court For the Northern District of California 10 designing, manufacturing or otherwise commercializing or profiting from any SolarBridge 11 Materials and Information; 12 e. directly or indirectly using, disclosing or accessing any information, including any 13 SolarBridge Materials and Information, in any manner inconsistent with or in breach of the 14 September 9, 2009 Confidential Information and Invention Assignment Agreement between 15 Ozkaynak and SolarBridge; 16 f. directly or indirectly using, disclosing or accessing any information, including any 17 SolarBridge Materials and Information, in any manner inconsistent with or in breach of the 18 February 5, 2010 Termination Certification between Ozkaynak and SolarBridge; 19 g. directly or indirectly using, disclosing or accessing any information in any manner that 20 violates any intellectual property rights of Plaintiff, violates any state or federal law governing use, 21 disclosure or access of any SolarBridge Materials or Information, or otherwise violates any right or 22 privilege of Plaintiff. 23 24 2. Defendant shall return and transfer to SolarBridge all SolarBridge Materials and Information. 25 3. Defendant take all steps to ensure that no SolarBridge Materials and Information 26 remain in his possession, custody or control and Defendant shall take all steps to confirm the return 27 to Plaintiff of all SolarBridge Materials and Information. Ozkaynak shall certify in writing to 28 2 Case No. C 10-cv-03769-EJD JUDGMENT AND PERMANENT INJUNCTION 1 Plaintiff that all such steps have been taken and that all SolarBridge Materials and Information 2 have been returned and transferred to Plaintiff. 3 4. This Court shall retain jurisdiction over any and all issues arising from or related to the 4 enforcement of this Permanent Injunction, the implementation of this Order or the interpretation of 5 this Order. 6 5. Defendant shall provide a copy of this Permanent Injunction to each employee, agent, 7 contractor or affiliate acting on Defendant’s behalf and any third party, who has or may have 8 actually or potentially had access to, used or disclosed SolarBridge Materials and Information. 9 United States District Court For the Northern District of California 10 11 12 Dated: June 12, 2012 13 _________________________________ EDWARD J. DAVILA United States District Judge 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 Case No. C 10-cv-03769-EJD JUDGMENT AND PERMANENT INJUNCTION

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