Materion Corporation v. Aqua Regia Solutions LLC et al

Filing 33

PRELIMINARY INJUNCTION. Signed by Judge Kent J. Dawson on 2/13/2015. (Copies have been distributed pursuant to the NEF - SLR)

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Greg Brower (Nevada Bar No. 5232)
Casey G. Perkins (Nevada Bar No. 12063)

SNELL & WILMER, L.L,P.
3883 Howard Hughes Parkway, Suite 1100
Las Vegas, NV 89169
Telephone: [phone]
Facsimile: (702\ 784-5252
Email: gbrower(@swlaw.com
Email: [e-mail]
Attorneys for Plaintiff
Materion Corporation

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TTNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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MATERION CORPORATION

Case No. 2:14-cv-02006-

KJD-(GWF)

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Plaintiff,
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STIPULATED ORDER
FOR PRELIMINARY INJUNCTION

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AQUA REGIA SOLUTIONS LLC, e/ ø/.
Defendants.

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As the basis for this Stipulated Order for Preliminary Injunction, the parties

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stipulate to the following facts:

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On December 2,2014, Plaintiff Materion Corporation ("Materion") filed this

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action against Defendants Aqua Regia Solutions LLC, Asalient LLC, and Sundarajan Mutialu

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(collectively "Defendants"), seeking, among other things, to protect the rights in and to certain

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processes for removing precious metals from various substrates without damaging the substrate

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that Plaintiff alleges it owns (the "Invention"), and to enjoin Defendants from acting in violation
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of rights in and to the Invention that Plaintiff Materion has asserted;

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On December 16,2014, Materion moved for expedited discovery, on the ground

that it needed to assess whether to fìle a motion for a preliminary injunction;
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3.

Upon the application of Defendants, On January 27,2015, the U.S. Patent and

Trademark Office issued a communication providing that (a) it was suspending action on U.S.
Patent Application No. l4l241,105 (the

"'105 application") for

a period

of six months, and (b)

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further suspension or continuance of prosecution is required, the applicant is required to notif, the

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examiner at the end of the period;
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On January 28,2015, the Court held a hearing on Materion's Motion for Expedited

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Discovery, at which time Defendants proposed to obviate any need for expedited discovery by

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stipulating to a preliminary injunction;

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The Court deferred ruling on Materion's Motion for Expedited Discovery to allow

the parties to negotiate and try to stipulate to a mutually acceptable preliminary injunction; and

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This Order is intended to maintain the status quo and prevent what Plaintiff alleges

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is irreparable harm to Materion while this matter is pending before the Court.

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As a further basis for Materion entering into this Stipulated Order for Preliminary

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Injunction, Defendants make and certif, the following representations:

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Defendants have no employees;

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To date, the only marketing or use of the Invention or related technologies or

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services by any Defendant and any agents, representatives, attorneys, entities, or persons acting
on their behalf or in concert with any of them is the activity reflected on the website at the domain

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name aquaregiasolutions.com ("Aqua Regia Solutions Website"), which went online starting

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approximately November 6,2014, was taken down in December 2014, and remains down. There

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has been no other activity in connection with the Invention or related technologies or services by

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any Defendant or any agents, representatives, attorneys, entities, or persons acting on their behalf

or in concert with any of them that would constitute, in whole or in part, using, selling, licensing,

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marketing, commercializing, assigning, communicating with prospective customers or investors,

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or engaging in research and development;

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There has been no assignment, license or sale of the Invention or any related

technologies or services to any Defendant or any agents, representatives, attorneys, entities, or

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persons acting on their behalf or in concert with any of them; and
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Defendants reasonably believe they have sufficient control over the prosecution

of

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the '105 patent application to compel continued suspension of examiner action on the application

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with the USPTO. This control over the application is based upon the express representation of

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Dedek, the patent's applicant, to Defendant Mutialu and his attorney, Thomas L. Peterson, that all
things necessary to protect Defendants from any adverse action by Plaintiff be done. Further, in

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the event that Defendants or their counsel learn that Dr. Dedek seeks to conduct himself contrary
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to his expressrepresentation, Defendants and their counsel will forthwith notif, Dr. Dedek of the

conduct. In the event that Defendants or their

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adverse implications to Defendants of any such

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counsel learn that Dr. Dedek has acted or intends to act in contravention of his representation, or

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if Dr. Dedek terminates his relationship with Mr. Peterson, Defendants will forthwith notiff

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Plaintiff s counsel of such action

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THEREF'ORE,IT IS HEREBY AGREED BY THE PARTIES AND ORDERED BY

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THE COURT AS FOLLOWS:

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Defendants and all agents, representatives, attorneys, entities, or persons acting on

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their behalf or in concert with them are hereby enjoined from: using, selling, licensing,

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commercializing, assigning any rights in or to, communicating with prospective customers or

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investors regarding, or engaging in research and development in connection with the Invention or

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any related technologies or services.

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ORDER FOR

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Defendants and all agents, representatives, afforneys, entities, or persons acting on

their behalf or in concert with them are hereby enjoined from prosecuting or assisting in the
prosecution of any domestic or foreign patent applications relating to any process for removing

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precious metals from substrate without damaging the substrate including, without limitation, the
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'105 application and EP Application No. 12772876.4.

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If this action is pending thirty (30) days prior to the date the U.S. Patent

and

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Trademark Office's suspension of action on the'105 application is set to end, Defendants agree

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to

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notiff the examiner

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and request further suspension.

Defendants and all agents, representatives, attorneys, entities, or persons acting on

their behalf or in concert with them hereby agree to immediately take steps to preserve all

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relevant documents and electronically stored information in their possession, custody, or control

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including, without limitation, text messages, emails, and voice messages relating to the Invention

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or related technologies or services. Defendants, on their own behalf and on behalf

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agents, representatives, attorneys, entities, or persons acting on their behalf or in concert with

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them are shall certif, compliance with this Paragraph in writing to Materion's counsel within

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and all

twenty-one (21) days of the entry of this Order.

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By signing below, the undersigned counsel have the authority to enter into this

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stipulation on behalf of their respective clients.

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Discovery in this action shall proceed in the normal course. Materion's Motion for

Expedited Discovery is deemed withdrawn.

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The parties shall conduct their discovery conference under Fed. R. Civ, P. 26(f) on

or before February 13,2015.

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The parties have agreed that security is not necessary in this instance and,

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therefore, none is required.
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STIPULATED

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SO

STIPUU\TED.

Doted

this-

day of February,Z0l5,

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)
Hugþes Cenær
3883 Howard Hueùes Parlavay

Suite 1100
Las Vegas, NV E9ló9

AttomÊys forPlaintiff
ivf ATERTON CORPORATION
Stevèn J. Pa¡sons (NV Bar No. 363)

N. Mott (NV Bar No. 12455)
Law Ofñces of Steven J. Pa¡sons
Jose,ph

7201 W.Lake Mead Blvd. Ste 108
Las Vogas, NV 98128-8354

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, Asalient

LLC,

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ATION AS TO I'EFA¡{DANTS' REPRESDNTATIONS¡

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individuaþ and on behalf
of AquaRegia Solutiosrr LLC andAsalientLLC

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ORDER

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ITIS SOORDEREI}.
day of February, 2015.

D¿ted this

U. S.

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DISTRICT/ì\dAGISTRATE JUDGE

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SO STIPT]LATED.
Dated

ttrisfday

of February ,2015

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Greg Brower (NV Bar No. 5232)
Casey Perkins (NV Bar No. 12063)

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Snell & Wilmer
Hughes Center

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3883 Howard Hughes Parkway
Suite 1100
Las Vegas, NV 89169

A

for Plaintiff
CORPORA

ON

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Bar No. 363)
Steven J. Parsons
Lnw O¡TCES OF STEVEN J. PARSONS
7201W. LakeMeadBlvd. Ste 108
Las Vegas, NV 98128-8354
[phone]
(702) 384-s900
[e-mail]
Attorneys for Defendants
Aqua Regia Solutions LLC, Asalient LLC,
and Sundarajan Mutialu

CERTIFICATION AS TO DEFENDANTS' REPRESENTATIONS:

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Sundarjan Mutialu, individually and on behalf
of Aqua Regia Solutiosn LLC and Asalient LLC

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ORDER

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IT IS SO ORDERED.
day of February, 2015.

Dated this

U.S. DISTRICT/IVIAGISTRATE JUDGE

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STIPULATED ORDER FOR PRELIMINARY INJUNCTION

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SO STIPULATED.

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Dated thisüå day of Febr uary,20l5.

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Greg Brower (NV Bar No. 5232)
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Casey Perkins (NV Bar No. 12063)
Snell & Wilmer
Hughes Center
3883 Howard Hughes Parkway

suire 1100
Las Vegas, NV 89169

Attorneys for Plaintiff
MATERION CORPORATION

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Steven J. Parsons (NV Bar No. 363)
N. Mott (NV Bar No. 12455)
Law Off,rces of Steven J. Parsons
7201W. Lake Mead Blvd. Ste 108
Joseph

Las V egas, NV 98128-8354
384-9900
384-5900
.com

SJPlawyer.com

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Attorneys for Defendants
Aqua Regia Solutions LLC, Asalient LLC,
and Sundarajan Mutialu

CERTIFICATION AS TO DEFENDANTS' REPRESENTATIONS:

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Sundarjan Mutialu, individually and on behalf
of Aqua Regia Solutiosn LLC and Asalient LLC

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ORDER

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IT IS

SO ORDERED.
Dated this 13th day of February,2015.

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U. S.

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FOR

DISTRICT/T4AGISTRATE JUDGE