Opinion
3:20-cv-04926 CRB
03-07-2024
CISCO SYSTEMS, INC., a Delaware corporation, and CISCO TECHNOLOGY, INC., a California corporation, Plaintiffs, v. DEXON COMPUTER, INC., a Minnesota corporation, Defendant.
RICHARD J. NELSON (STATE BAR NO. 141658) LOUIS P. FEUCHTBAUM (STATE BAR NO. 219826) ZACHARY J. ALINDER (STATE BAR NO. 209009) LYNDSEY C. HEATON (SBN 262883) ALEXANDER J. BUKAC (STATE BAR NO. 305491) SIDEMAN & BANCROFT LLP ONE EMBARCADERO CENTER, TWENTY-SECOND FLOOR ATTORNEYS FOR PLAINTIFFS AND CROSS-DEFENDANTS CISCO SYSTEMS, INC. AND CISCO TECHNOLOGY, INC.
RICHARD J. NELSON (STATE BAR NO. 141658)
LOUIS P. FEUCHTBAUM (STATE BAR NO. 219826)
ZACHARY J. ALINDER (STATE BAR NO. 209009)
LYNDSEY C. HEATON (SBN 262883)
ALEXANDER J. BUKAC (STATE BAR NO. 305491)
SIDEMAN & BANCROFT LLP
ONE EMBARCADERO CENTER, TWENTY-SECOND FLOOR
ATTORNEYS FOR PLAINTIFFS AND CROSS-DEFENDANTS
CISCO SYSTEMS, INC. AND
CISCO TECHNOLOGY, INC.
PLAINTIFFS CISCO SYSTEMS, INC. AND CISCO TECHNOLOGY, INC. AND DEFENDANT DEXON COMPUTER, INC.'S JOINT MOTION TO ENTER STIPULATED PERMANENT INJUNCTION AND, THEREAFTER, TO DISMISS CLAIMS, AND [PROPOSED] ORDER
CHARLES R. BREYER UNITED STATES DISTRICT JUDGE
Plaintiffs Cisco Systems, Inc. and Cisco Technology, Inc. (together, “Plaintiffs”) and Defendant Dexon Computer Inc. (“Defendant,” and collectively with Cisco, the “Parties”), hereby file this stipulated joint motion for entry of a Stipulated Permanent Injunction and dismissal of claims without prejudice.
The Parties stipulate and agree that there is good cause to enter the Permanent Injunction below because the Parties have settled their dispute, which includes entry of this injunction, the request is unopposed, and the Permanent Injunction is stipulated.
In conjunction with entry of this Stipulated Permanent Injunction, Plaintiffs have agreed to dismiss the claims in this action against Defendant without prejudice, and the Parties request the Court to retain jurisdiction to enforce the Stipulated Permanent Injunction and the settlement agreement.
Therefore, the Parties jointly stipulate, and request that the Court enter an ORDER, as follows:
1. Defendant, including any of its officers, agents, servants, representatives, employees, attorneys, affiliated companies (including but not limited to Optdex and Core92, Inc., and any other rebranded affiliate by Defendant), assigns, successors in interest, and all persons in active concert or participation with it who receive actual notice of this Order, by personal service or otherwise, shall be forever restrained and enjoined from:
a. Intentionally purchasing or selling counterfeit Cisco products.
b. For purpose of clarity, Dexon will not violate this injunction if it sells a Cisco product that turns out to be counterfeit so long as Dexon used Cisco's authentication tools provided by Cisco prior to the sale of such product and the tool reported that the packaging for the subject product was genuine.
2. Cisco shall provide Dexon with written notice of any alleged violation of this injunction and five (5) days to cure such breach before bringing any proceeding to enforce this injunction. The bond that Cisco previously furnished in connection with the preliminary injunction is extinguished and may be returned to Cisco.
3. Cisco's claims against Defendant are hereby dismissed without prejudice in this action, pursuant to the Parties' Settlement Agreement and Fed. R. Civ. Proc. Rule 41(a)(2), and the Court shall retain jurisdiction to entertain such further proceedings and to enter such further orders as may be necessary or appropriate to enforce the provisions of this Injunction or the Parties' settlement agreement.
IT IS SO STIPULATED AND REQUESTED THAT THE COURT SO ORDER.
PURSUANT TO STIPULATION, IT IS SO ORDERED.