Aevoe Corp. v. Shenzhen Membrane Precise Electron Ltd.

Filing 27

SECOND AMENDED TEMPORARY RESTRAINING ORDER. Signed by Judge Gloria M. Navarro on 1/24/2012. (Copies have been distributed pursuant to the NEF - SLR)

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David S. Bloch (pro hac vice forms will be filed)
Jennifer Golinveaux (pro hac vice forms will be filed)
K. Joon Oh (pro hac vice forms will be filed)
Beth A. Derby (pro hac vice forms will be filed)
WINSTON & STRAWN LLP
101 California Street
San Francisco, CA 94111-5894
Telephone:
[phone]
Facsimile:
[phone]
Email: [e-mail]
[e-mail]
[e-mail]
[e-mail]

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Attorneys for PlaintiffAEVOE CORP.

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Jeffrey A. Silvestri, Esq.
Nevada Bar No. 5779
Josephine Binetti McPeak, Esq.
Nevada Bar No. 7994
McDONALD CARANO WILSON LLP
2300 West Sahara Avenue, Suite 1000
Las Vegas, NV 89102
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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AEVOE CORP., a California corporation,
Plaintiff,

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vs.
SHENZHEN MEMBRANE PRECISE
ELECTRON LTD., a China corporation,

Case No. 2: 12-cv-00054-GMN-PAL

SECOND AMENDED
AMENDED TEMPORARY
RESTRAINING ORDER
TEMPORARY RESTRAINING
ORDER

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Defendant.
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On January 12, 2012, the Court granted plaintiff Aevoe Corp.'s ("Aevoe") Temporary

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Restraining Order, Seizure and Impoundment Order, and an Order to Show Cause for a

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Preliminary Injunction ("TRO") against defendant Shenzhen Membrane Precise Electron Ltd.

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("Shenzhen Membrane"), which, among other things, temporarily restrained Shenzhen

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Membrane and its agents from (1) practicing or otherwise using U.S. Patent No. 8,044,942

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("'942 Patent"), or any reproduction, counterfeit, copy, or colorable imitation of the same

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(including the Membrane products) (collectively, the "Infringing Goods"), and (2) transferring

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moving, returning, destroying, or otherwise disposing of any Infringing Goods except as

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otherwise stated therein.

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having considered the arguments of counsel, together with the Complaint, Memorandum of

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Law, Opposition and Reply Memorandum, along with the declarations and exhibits submitted

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On January 23, 2012, the Court held the scheduled preliminary injunction hearing, and

therewith, finds and concludes as follows:

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Aevoe is likely to succeed in showing for Shenzhen Membrane has infringed
2.
1. The Court having previously found a basisthat the TRO, and now taking into
consideration the arguments of counsel, hereby agrees to extend the existing TRO to allow the
and is continuing to infringe the '942 Patent, and that Shenzhen Membrane has manufactured,
Court to further consider its ultimate decision on issuance of a Preliminary Injunction.

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imported and offered for sale goods infringing upon the '942 Patent, specifically including,

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2. Aevoe has previously shown in its motion for TRO that it:
without limitation, the "Membrane" and "Memshield" touch-screen protector products that are
a. Is likely to succeed in showing that Shenzhen Membrane has infringed
characterized by a spacer on the perimeter of the protective screen sufficient to form an
and is continuing to infringe the '942 Patent, and that Shenzhen Membrane has manufactured,
imported air offered for sale the transparent window of the protector and the touch-screen
enclosed and space between goods infringing upon the '942 Patent, specifically including,
without limitation, the "Membrane" and "Memshield" touch-screen protector products that are
portion of the by a spacerwhich it is installed (collectively, "Infringing Goods"). This Amended
characterized device on on the perimeter of the protective screen sufficient to form an
enclosed air space between the transparent window of the protector and the touch-screen
Temporarythe device on which it is installed (collectively, "Infringing Goods"). This Amended
portion of Restraining Order does not include Shenzhen Membrane products that do not fit
Temporary Restraining Order set forth in this Shenzhen
within the product description does not includeparagraph. Membrane products that do not fit
within the product description set forth in this paragraph.
The making, use, importation, offer for sale, and/or sale of the Infringing Goods
b.
b. The making, use, importation, offer for sale, and/or sale of the Infringing Goods
will result in immediate and irreparable injury to Aevoe in the form of loss of income, loss of
will result in immediate and irreparable injury to Aevoe in the form of loss of income, loss of
goodwill, dilution and lessening of the value of the '942 Patent, and interference with Aevoe's
goodwill, dilution and lessening of the value of the '942 Patent, and interference with Aevoe's
ability to exploit its '942 Patent and exclude others from using its patent, if the requested
ability toisexploit its '942 Patent and exclude others from using its patent, if the requested
restraint not ordered.

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restraint c. not ordered. to Aevoe in denying the requested restraint outweighs the harm to the
is The harm

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legitimate interests of Shenzhen Membrane from granting such an order.
The harm to Aevoe in denying the requested restraint outweighs the harm to the
c.

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legitimate interests of Shenzhen Membrane from granting such an order.
d. It appears to the Court that Shenzhen Membrane is manufacturing, importing,

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offering for sale, and/or selling Infringing Goods and will continue to carry out such acts unless
It appears Court.
d.
restrained by Order of the to the Court that Shenzhen Membrane is manufacturing, importing,

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offering for sale, and/or selling Infringing Goods and will continue to carry out such acts unless

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restrained by Order of the Court.

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AMENDED TEMPORARY RESTRAINING ORDER

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application for a preliminary injunction, Shenzhen Membrane, its agents, servants, employees,

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confederates, attorneys, and any persons acting in concert or participation with them, or having

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knowledge of this Order by personal service or otherwise be, and hereby are, immediately and

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temporarily restrained from (l) practicing, making, using, importing, offering for sale and/or

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selling the invention described in U.S. Patent No. 8,044,942, or any reproduction, counterfeit,

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copy, or colorable imitation of the same, specifically including, without limitation, the

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IT IS HEREBY ORDERED THAT, pending a decision by the Court on Aevoe's

"Membrane" and "Memshield" products described in Paragraph 1, above, and (2) transferring,

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moving, returning, destroying, or otherwise disposing of any Infringing Goods.
IT IS FURTHER ORDERED THAT, in light of the $10,000.00 bond posted by Aevoe
on January 13,2012, no additional security is required of Aevoe.
IT IS FURTHER ORDERED THAT this Amended Restraining Order shall remain in

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effect until midnight on February 9,2012.

IT IS SO ORDERED this 24th day of January, 2012 at 9:30 a.m.

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____________________________________
Gloria M. Navarro
United States District Judge

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SUBMITIED BY:

REVIEWED AND APPROVED BY:
WEIDE & MILLER, LTD.

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By:

Jef y Al Ive ., Esq. ( 5779)
Jo e hine netti McPeak, Esq. (#7994)
23 West Sahara Avenue, Suite 1000
Las Vegas, NY 89102
Telephone: [phone]
[e-mail]
[e-mail]

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INTELLECTUAL PROPERTY LAW
GROUP,LLP
Otto Lee, Esq.
Kevin Viau, Esq.

WINSTON & STRAWN LLP
David S. Bloch
Jennifer Golinveaux
K. JoonOh
Beth A. Derby
Attorneys for PlaintiffAEVOE CORP.

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Attorneys for SHENZHEN MEMBRANE
PRECISE ELECTRON, LTD.

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[NOT APPROVED]
R. Scott Weide, Esq. (#5541)
Kendelee L. Works, Esq. (#9611)
7251 W. Lake Mead Blvd., Ste. 530
Las Vegas, NV 89128
Telephone: [phone]
[e-mail]
[e-mail]

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