From Casetext: Smarter Legal Research

Apple Inc. v. eForCity Corp.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
Nov 22, 2011
Civil Action No. CV10-03216 JF (HRL) (N.D. Cal. Nov. 22, 2011)

Opinion

Civil Action No. CV10-03216 JF (HRL)

11-22-2011

APPLE INC., a California corporation, Plaintiff, v. EFORCITY CORPORATION, a California corporation; ACCSTATION INC., a California corporation; ITRIMMING INC., a California corporation; EVERYDAYSOURCE INC., a California corporation; UNITED INTEGRAL INC., a California corporation; CRAZYONDIGITAL, INC., a California corporation; and BOXWAVE CORPORATION, a Nevada corporation; and DOES 1 through 20, inclusive, Defendants.

KILPATRICK TOWNSEND & STOCKTON LLP THEODORE T. HERHOLD (State Bar No. 122895) ANDREW T. OLIVER (State Bar No. 226098) ROBERT D. TADLOCK (State Bar No. 238479) Attorneys for Plaintiff APPLE INC. LEWIS BRISBOIS BISGAARD & SMITH LLP JON E. HOKANSON (State Bar No. 118829) LEWIS BRISBOIS BISGAARD & SMITH LLP ALAN J. HAUS, SB# 111566 Attorneys for Defendants, EFORCITY CORPORATION, ACCSTATION INC., ITRIMMING INC. and EVERYDAYSOURCE INC.


KILPATRICK TOWNSEND & STOCKTON LLP

THEODORE T. HERHOLD (State Bar No. 122895)

ANDREW T. OLIVER (State Bar No. 226098)

ROBERT D. TADLOCK (State Bar No. 238479)

Attorneys for Plaintiff

APPLE INC.

LEWIS BRISBOIS BISGAARD & SMITH LLP

JON E. HOKANSON (State Bar No. 118829)

LEWIS BRISBOIS BISGAARD & SMITH LLP

ALAN J. HAUS, SB# 111566

Attorneys for Defendants,

EFORCITY CORPORATION,

ACCSTATION INC., ITRIMMING INC.

and EVERYDAYSOURCE INC.

FINAL JUDGMENT AND PERMANENT

INJUNCTION ON CONSENT

On July 22, 2010, Plaintiff Apple Inc. ("Apple") filed suit against Defendants eForCity Corporation, Accstation Inc., Itrimming Inc., and Everydaysource Inc., (collectively "Defendants") alleging infringement of Apple's intellectual property (the "Action"). On April 25, 2011, Defendants answered Apple's complaint. Apple and Defendants (collectively, the "Parties") have agreed to settle the claims asserted in the Complaint as well as additional claims as set forth herein. In accordance with the terms of the Parties' Settlement Agreement entered into contemporaneously herewith, the Parties hereby agree to entry of a Final Judgment and Permanent Injunction Upon Consent ("Injunction") as set forth herein, and further agree and stipulate that, upon confirmation by this Court, it is hereby ordered, adjudged, and decreed that:

1. All terms defined in this Injunction shall be so defined when used anywhere in this Injunction. Additionally, as used in this Injunction, the following capitalized terms shall have the meanings set forth below:

a. "Person" means any individual, partnership, association, corporation, limited liability company, trust, or any other form of legal entity.

b. "Control" means, with respect to any Person, the ability to control, manage, direct or otherwise materially influence the management, direction, operations or policies of such Person, whether by ownership of voting securities, by contract or otherwise.

c. "Copyrights" means Apple's copyrighted works as depicted in Exhibit A.

d. "Defendants" means eForCity Corporation, Accstation Inc., Itrimming Inc., and Everydaysource Inc. and each of their predecessors, successors, assigns, affiliates, members, officers, managers, agents, servants, employees, representatives, or any Person who had or has Control of any of Defendants, is Controlled by any of Defendants, or is under common control with any of Defendants, and all other Persons in active concert or participation with any of them.

e. "Patents" means U.S. Patent Nos. 7,305,506; 7,517,222; 7,529,870; 7,529,872; 7,580,255; 7,587,540; 7,590,783; 7,627,343; D469,753; D515,070; D578,110; D588,545; D589,491; D596,616; and D596,621.

f. "Trademarks" means the trademarks set forth in Exhibit B.

JUDGMENT

2. This Court has jurisdiction over Defendants and the subject matter of this Action and Injunction. Venue is proper in this Court.

3. Apple is the owner of the Patents, Copyrights and Trademark, which are infringed by Defendants.

4. In full settlement of all claims raised in this Action, the Parties have entered into a Settlement Agreement with an execution date of September 22, 2011 (the "Settlement Agreement").

5. Defendants now stipulate and agree that judgment may be and hereby is entered in Apple's favor for all products made, used, sold, offered for sale, or imported into the United States by Defendants that infringe the Patents, Copyrights, and Trademarks. Defendant shall permanently cease and desist from any further infringement of the Patents, Copyrights, and Trademarks.

6. The Parties waive any right to appeal this Final Judgment and Injunction.

7. The Parties shall each bear their own fees and costs in this Action.

8. The Court will retain continuing jurisdiction for purposes of interpreting and enforcing this Final Judgment and Injunction and all disputes that may arise relating to the Settlement Agreement.

9. The Clerk shall enter this Injunction pursuant to Rule 58 of the Federal Rules of Civil Procedure.

PERMANENT INJUNCTION

Wherefore, the Parties stipulate to entry of the following permanent injunction:

10. Except as licensed by Apple, Defendants shall refrain from and are permanently enjoined from:

a. Making, using, offering to sell, selling or importing into the United States the following products or any products that are not colorably different from the following products (collectively, the "Infringing Products") until the expiration of each identified patent:

(i) Regarding U.S. Patent No. 7,627,343, any product that uses a 30-pin connector system to communicate with any Apple product, including but not limited to DAPPIPODCC07, DAPPIPODCC08, DAPPIPODCC09, DAPPIPODCC10, DAPPIPODTC12, DAPPIPODTC13, CAPPIPHODAT2, CAPPIPHODAT4, CAPPIPHODAT5, DAPPIPODCR10, DAPPIPODCR11, DAPPIPODCR12, CAPPIPHOCRA2, DAPPIPODDA15, DAPPIPODDAT3, DAPPIPODDAT2, DAPPIPODDAT4, DAPPIPODDA11, DAPPIPODFM05, DAPPIPODFM07, DAPPIPODFM08, DOTHXXXXFM12, DOTHXXXXFM15, DOTHXXXXFM17, DOTHXXXXFM19, DOTHXXXXFM21, DOTHXXXXFM22, DAPPIPODSPK1, DOTHXXXXSP18, CAPPIPHOPHC1, CAPPIPHOLI02, CAPPIPHOLI06, CAPPIPHOAD07 and CAPPIPHOAD08;

(ii) Regarding U.S. Patent Nos. 7,305,506; 7,587,540; 7,590,783; 7,529,870; and 7,529,872, CAPPIPHOCRA2, DAPPIPODCR10, DAPPIPODCR11, DAPPIPODCR12, DAPPIPODFM05, DAPPIPODFM07, DAPPIPODFM08, DOTHXXXXFM12, DOTHXXXXFM15, DOTHXXXXFM17, DOTHXXXXFM 19, DOTHXXXXFM21, and DOTHXXXXFM22;

(iii) Regarding U.S. Patent No. 7,580,255, DAPPIPODCR10 and DAPPIPODCR11;

(iv) Regarding U.S. Patent No. 7,517,222, PAPPMC13TC01;

(v) Regarding U.S. Patent No. D469,753, COTHXXXXHS53;

(vi) Regarding U.S. Patent No. D515,070, COTHXXXXHS60, COTHXXXXHS61, and COTHXXXXHS76;

(vii) Regarding U.S. Patent No. D578,110, DAPPIPODCR10 and DAPPIPODCR11;

(viii) Regarding U.S. Patent No. D588,545, CAPPIPHODAT4, DAPPIPODDA15, and DAPPIPODDAT3;

(ix) Regarding U.S. Patent No. D596,616, COTHXXXXHS82; and

(x) Regarding U.S. Patent No. D596,621, DAPPIPODCR10, DAPPIPODCR11, and DAPPIPODCR12;

b. Any use of the Trademarks and/or the Copyrights in any period during which Defendants are not in full compliance with the Apple's Guidelines for Using Apple Trademarks and Copyrights, attached as Exhibit C; and,

c. Assisting, aiding or abetting any person or entity engaging in or performing any act prohibited by this paragraph.

11. Defendants, within thirty (30) calendar days of entry of this Injunction, shall provide written assurance under penalty of perjury, to Apple's counsel of record in the Action, that they have come into compliance with the Apple trademark guidelines attached as Exhibit C.

ON BEHALF OF THE PARTIES:

KILPATRICK TOWNSEND AND STOCKTON LLP

THEODORE T. HERHOLD

ANDREW T. OLIVER

ROBERT D. TADLOCK

Attorneys for Plaintiff APPLE INC.

LEWIS BRISBOIS BISGAARD & SMITH LLP

JONE. HOKANSON

ALAN J. HAUS

Attorneys for Defendants EFORCITY

CORPORATION, ACCSTATION INC.,

ITRIMMING INC. and EVERYDAYSOURCE

INC.

PURSUANT TO STIPULATION, IT IS SO ORDERED, ADJUDGED, AND DECREED.

HON. JEREMY FOGEL

United States district Judge

EXHIBIT A


COPYRIGHTED WORKS

EXHIBIT B


TRADEMARKS

EXHIBIT C


GUIDELINES FOR USING APPLE TRADEMARKS AND COPYRIGHTS


Summaries of

Apple Inc. v. eForCity Corp.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
Nov 22, 2011
Civil Action No. CV10-03216 JF (HRL) (N.D. Cal. Nov. 22, 2011)
Case details for

Apple Inc. v. eForCity Corp.

Case Details

Full title:APPLE INC., a California corporation, Plaintiff, v. EFORCITY CORPORATION…

Court:UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

Date published: Nov 22, 2011

Citations

Civil Action No. CV10-03216 JF (HRL) (N.D. Cal. Nov. 22, 2011)