Public Engines v. Reportsee

Filing 48

Stipulated MOTION for Preliminary Injunction filed by Plaintiff Public Engines. (Attachments: # 1 Text of Proposed Order)(Shaughnessy, Todd)

Prepared by: Alan L. Sullivan (3152) Todd M. Shaughnessy (6651) J. Elizabeth Haws (11667) Snell & Wilmer L.L.P. 15 West South Temple, Suite 1200 Beneficial Tower Salt Lake City, Utah 84101-1004 Telephone: [phone] Facsimile: [phone] Mark Lambert (Cal. Bar No. 197410) Mark Weinstein (Cal Bar No. 193043) Cooley Godward Kronish, LLP Five Palo Alto Square Palo Alto, California 94306-2109 Telephone: [phone] Attorneys for Plaintiff IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH, CENTRAL DIVISION PUBLIC ENGINES, INC., a Delaware Corporation, Plaintiff, vs. REPORTSEE, INC., a Delaware Corporation, Defendant.

STIPULATED PRELIMINARY INJUNCTION Case No. 2:10-cv-317 Honorable Tena Campbell

On April 9, 2010, Plaintiff Public Engines, Inc. ("Public Engines") filed a Motion for Preliminary Injunction (Dkt. No. 5), seeking preliminary injunctive relief against Defendant

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ReportSee, Inc. ("ReportSee") for alleged misappropriation and misuse of Public Engines' proprietary data. Discovery was taken on Public Engines' motion, and the motion was fully briefed and set for argument. Counsel for the parties conferred in an effort to resolve the issues raised by Public Engines' motion and ReportSee's opposition thereto. In light of ReportSee's representation that ReportSee no longer is conducting any scraping activities with respect to Public Engines' website, and ReportSee's representation that it is not demanding any information that is created by Public Engines' Publisher program or software, the parties have agreed to the entry of this Stipulated Preliminary Injunction, without prejudice to or waiver of either party's claims or defenses in this action, which the Court now enters. Based on the papers filed in this case and the parties' stipulation, the Court finds: 1. The Court has subject matter jurisdiction over this case and personal jurisdiction

over the parties. Venue is proper in this district. 2. There is good cause to enter this Stipulated Preliminary Injunction.

Based on the foregoing, and for good cause appearing, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED as follows: 1. herein. 2. a. ReportSee is hereby enjoined and restrained as follows: ReportSee shall not access Public Engines' CrimeReports.com website or any associated computer servers, directly, indirectly, or through any third party, including all widgets and related services, by means of any scraper, indexer, robot, harvesting bot, spider, or similar program or device. b. ReportSee shall not make any commercial use whatsoever of any crime report data that it obtains (or which it knows has been obtained) from or through Public Engines' CrimeReports.com website or any associated computer servers or Public Engines is hereby granted a preliminary injunction on the terms set forth

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widgets including, without limitation, crime report data that appears or has appeared on the CrimeReports.com website. The foregoing shall not prohibit ReportSee from publishing crime report data that it has obtained from sources other than Public Engines, CrimeReports.com, or the computer servers or widgets associated with CrimeReports.com. c. ReportSee shall not contact or communicate with any law enforcement agency for which Public Engines has installed or in the future installs its Publisher software program for the purpose of obtaining or attempting to obtain the data feed or output from the Publisher software program. ReportSee shall not (i) advise law enforcement agencies in substance or effect that ReportSee has the right to obtain the data feed or output from the Publisher software program, (ii) ask or demand that such law enforcement agencies share such Publisher program output with ReportSee, or (iii) threaten administrative or legal action against such agencies for declining to provide ReportSee with the data feed or output from the Publisher software program. The foregoing shall not prohibit ReportSee from requesting that law enforcement agencies provide ReportSee with crime report data or information other than the data feed or output from the Publisher software program. d. With respect to ReportSee's collection of websites, widgets, and other services, including SpotCrime.com, ReportSee shall not provide or otherwise display for public view any crime report data that ReportSee obtained from Public Engines' CrimeReports.com website or any associated computer servers or widgets, and ReportSee shall use that data only for purposes of defending against the claims asserted in this case.

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3.

This Stipulated Preliminary Injunction shall be binding on all those who receive

actual notice of it by personal service or otherwise, and also shall be binding upon ReportSee's officers, agents, servants, employees, contractors, and attorneys, as well as any other persons who are in active concert or participation with ReportSee or ReportSee's officers, agents, servants, employees, contractors or attorneys. 4. Public Engines shall not be required to post a bond or other security as a

condition of the issuance of this Stipulated Preliminary Injunction. 5. This Stipulated Preliminary Injunction shall be effective upon entry by the Court

and shall remain in effect during the pendency of this matter or until further order of the Court. 6. In any proceedings to enforce the terms of this Stipulated Preliminary Injunction,

Public Engines shall be entitled to an award of its attorney fees and costs incurred therein if it prevails in any such proceeding. DATED this ____ day of June, 2010.

BY THE COURT:

_____________________ Honorable Tena Campbell United States District Court Judge

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