NeoCoil LLC v. Estone Group LLC et al

Filing 48

ORDER signed by Judge Pamela Pepper on 10/24/2017. 47 Joint motion for entry of stipulated permanent injunction GRANTED. [47-1] Stipulated permanent injunction APPROVED. 42 Plaintiff's motion to dismiss counterclaims DENIED without prejudic e. Clerk's office to CLOSE case for administrative purposes; any time prior to 2/28/2018, a party may file a motion asking to reopen the case; if the court receives appropriate documents, administrative closure will be converted to dismissal with prejudice. See order for further details. (cc: all counsel) (cb)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN

NEOCOIL LLC,
Plaintiff,
v.

Case No. 17-cv-548-pp

ESTONE GROUP, LLC,
ESTONE TECHNOLOGY INC.,
ESTONE TECHNOLOGY INCORPORATED
d/b/a HABEY USA,
BING LI, AND QUN ROESSLE,
Defendants.
ORDER GRANTING JOINT MOTION FOR ENTRY OF THE STIPULATED
PERMANENT INJUNCTION AND REQUEST FOR STAY (DKT. NO. 47),
APPROVING THE STIPULATED PERMANENT INJUNCTION (DKT. NO. 47-1),
STAYING AND CLOSING THE CASE FOR ADMINISTRATIVE PURPOSES,
AND DENYING WITHOUT PREJUDICE PLAINTIFF’S MOTION TO DISMISS
COUNTERCLAIMS (DKT. NO. 42)

On March 27, 2017, Waukesha County Circuit Judge Kathryn Foster
entered a temporary restraining order in favor of the plaintiff and against the
defendants. See Dkt. No. 11 at 2. After the defendants removed the case to
federal court (dkt. no. 1), this court continued the temporary restraining order
pending its ruling on the plaintiff’s motion for preliminary injunction. Dkt. Nos.
18, 19. On July 31, 2017, the court held a hearing on a number of pending
motions, and the parties subsequently filed a joint motion asking the court to
enter a stipulated permanent injunction order, and to stay the litigation
through February 28, 2018. Dkt. No. 47.
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The court GRANTS the joint motion for entry of the stipulated permanent
injunction and request for stay. Dkt. No. 47. The APPROVES the stipulated
permanent injunction order, dkt. no. 47-1, and DENIES WITHOUT
PREJUDICE plaintiff’s motion to dismiss counterclaims, dkt. no. 42.
Rather than staying the litigation until February 28, 2018, the court
ORDERS that the clerk’s office CLOSE the case for administrative purposes. At
any time prior to February 28, 2018, a party may file a motion asking the court
to reopen the case. If the court receives the appropriate documents, the court
will convert the administrative closure to a dismissal with prejudice.
The court ORDERS as follows:
1.

The term “NeoCoil” means and includes NeoCoil, LLC, and its past,

present, and future predecessors, successors, assigns, parents, subsidiaries,
employees, partners, shareholders, officers, directors, agents, heirs, executors,
administrators, attorneys and representatives.
2.

The term “Habey Related Entities and Affiliates” means Estone

Group, Estone Technology, Habey USA, Bing Li, Qun Roessle, Shenzhen Norco
Intelligent Technology Co., Ltd., NORCO Intelligent Technology Inc., and any
other person or entity, including any corporation, company, joint venture,
partnership, firm, limited liability company, or subsidiary, formerly, now, or
hereafter controlled by, controlling, or under common control with any of the
aforementioned entities and individuals.
3.

The term “Product” or “MRI Compatible Tablets” means the base

design of Habey’s T97 tablet (the “Base Design”) as changed or modified based
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on: (i) the specifications set forth in the May 31, 2016 MRI Tablet Development
Agreement; or (ii) changes or modifications made in writing by NeoCoil to such
specifications. The term “Product” includes all Engineering Verification Test
(“EVT”) sample tablets, all Design Verification Test (“DVT”) sample tablets, and
any and all other MRI compatible tablets or MRI safe tablets, excluding the T97
Base Tablet.
4.

The Habey Related Entities and Affiliates are prohibited from:
i.

Manufacturing, developing, assembling, distributing, using,

promoting, advertising, and selling any products, and any other
materials or information, relating to MRI Compatible Tablets;
ii.

Using or disclosing any Confidential Information or trade

secrets as defined in the May 31, 2016 MRI Tablet Development
Agreement;
iii.

Posting any MRI Compatible Tablets and information relating

to MRI Compatible Tablets, on any website of any Habey Related
Entities and Affiliates, including but not limited to http://estonetech.com, http://www.habeyusa.com/, and http://www.norcogroup.com/; and
iv.

Assisting, aiding, or abetting any other person or business

entity in engaging in or performing any of the activities referred to
in paragraphs (i), (ii), and (iii) above.
5.

The Habey Related Entities and Affiliates shall:

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i.

Return to NeoCoil the items and things attached to the

Stipulation as Exhibit A (dkt. no. 47-1) before November 30, 2017.
ii.

Disclose to NeoCoil all third-parties with whom any Habey

Related Entities and Affiliates have communicated with regarding
the sale, offering for sale, or availability of the Product or any MRI
Compatible Tablets before November 30, 2017.
6. If the Habey Related Entities and Affiliates do not fulfill their
obligations under the Parties’ Settlement Agreement, the Habey Related
Entities shall not oppose any motion or other effort by NeoCoil to reopen the
case and resume litigation.
7.

If NeoCoil does not satisfy its payment obligations under the

Parties’ Settlement Agreement, then NeoCoil shall not oppose any motion or
other effort by the Habey Related Entities and Affiliates to reopen the case and
resume litigation.
Dated in Milwaukee, Wisconsin this 24th day of October, 2017.
BY THE COURT:
_____________________________________
HON. PAMELA PEPPER
United States District Judge

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