Microchip Technology Inc. et al v. GTMI, Inc. et al

Filing 24

ORDER RE SETTLEMENT AND DISMISSAL OF CASE WITH PREJUDICE (approving re 23 ). Signed by Judge Beth Labson Freeman on 3/27/2024. (blflc1, COURT STAFF) (Filed on 3/27/2024)

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1 2 3 4 5 6 7 8 9 10 11 12 TRAVIS JENSEN (SBN 259925) tjensen@orrick.com DENISE M. MINGRONE (SBN 135224) dmingrone@orrick.com ORRICK, HERRINGTON & SUTCLIFFE LLP 1000 Marsh Road Menlo Park, CA 94025-1015 Telephone:+1 650 614 7400 Facsimile:+1 650 614 7401 John V. Picone III (SBN 187226) Spencer Fane LLP 225 West Santa Clara St, Suite 1500 | San Jose, CA 95113 408.918.2805 jpicone@spencerfane.com Attorneys for Defendants GTMI, INC., CANG NGUYEN and JERRY CHANG ANDREW SCHREIBER (Bar No. 90012714) ORRICK, HERRINGTON & SUTCLIFFE LLP Columbia Center 1152 15th Street, N.W. Washington, DC 20005-1706 Telephone:+1 202 339 8400 Facsimile:+1 202 339 8500 Attorneys for Plaintiffs MICROCHIP TECHNOLOGY INC. and MICROSEMI CORP. 13 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 14 15 16 17 18 19 MICROCHIP TECHNOLOGY INC. and MICROSEMI CORP., Case No. 5:23-cv-6400-BLF Plaintiffs, [PROPOSED] ORDER RE SETTLEMENT AND DISMISSAL OF CASE WITH PREJUDICE v. 20 GTMI, INC., CANG NGUYEN, and JERRY CHANG, 21 Defendants. 22 23 24 25 26 27 28 ORRICK, HERRINGTON & SUTCLIFFE LLP [PROPOSED] ORDER RE SETTLEMENT AND DISMISSAL 5:23-CV-6400-BLF 1 WHEREAS Plaintiffs Microchip Technology Inc. and Microsemi Corporation 2 (“Plaintiffs”) and Defendants GTMi, Cang Nguyen and Jerry Chang (“Defendants”) are parties 3 to a civil action entitled Microchip Technology Inc. and Microsemi Corporation v. GTMi, Cang 4 Nguyen and Jerry Chang, in the United States District Court for the Northern District of 5 California, Case No. 5:23-cv-6400-BLF (the “Litigation”); 6 WHEREAS Plaintiffs have filed a complaint against Defendants alleging conversion, 7 breach of contract, and unfair competition concerning various physical and intellectual 8 proprietary property owned by Plaintiffs including but not limited to custom capacitors and data 9 sheets. Defendants have not yet responded to these allegations; and 10 NOW THEREFORE, in consideration of the foregoing and in consideration of the 11 payments, promises, and mutual undertakings set forth herein and in the Parties’ Confidential 12 Settlement Agreement (“Agreement”) executed by Plaintiffs and Defendants and incorporated 13 herein by reference, the sufficiency of which is hereby acknowledged, the Court orders as 14 follows. 15 16 17 18 1. Defendants, their officers, agents, servants, employees, attorneys, affiliated companies, assigns and successors in interest, and those persons in active concert or participation with them are permanently enjoined from using or otherwise accessing Plaintiffs’ proprietary or confidential information, intellectual property, or physical property, including but not limited to: product designs, layouts, datasheets, test procedures, or proprietary equipment or components including, but not limited to, Plaintiffs’ custom capacitors. 19 20 21 22 2. This Court shall retain jurisdiction of this matter to enforce the terms of the Agreement without the necessity of any party’s filing a separate lawsuit to do so. In any contest over an alleged violation of this Agreement, the prevailing party shall recover its reasonable attorneys’ fees and costs. 23 3. All claims filed herein are hereby dismissed with prejudice. Each party shall bear its own fees and costs. 24 IT IS SO ORDERED. 25 26 27 March 27, 2024 Dated: _____________________ HONORABLE BETH L FREEMAN United States District Judge 28 ORRICK, HERRINGTON & SUTCLIFFE LLP -1- [PROPOSED] ORDER RE SETTLEMENT AND DISMISSAL 5:23-CV-6400-BLF

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