Opinion
3:18-cv-00527-LRH-CSD
01-31-2023
HP TUNERS, LLC, a Nevada limited liability company, Plaintiff, v. KENNETH CANNATA, Defendant.
ELIZABETH FLETCHER, ESQ. MARKS & KLEIN ANDREW P. BLEIMAN, ESQ. Attorneys for Plaintiff HP Tuners, LLC BART K. LARSEN, ESQ. Attorneys for Defendant Kenneth Cannata
ELIZABETH FLETCHER, ESQ. MARKS & KLEIN ANDREW P. BLEIMAN, ESQ. Attorneys for Plaintiff HP Tuners, LLC
BART K. LARSEN, ESQ. Attorneys for Defendant Kenneth Cannata
AGREED PERMANENT INJUNCTION ORDER
HONORABLE LARRY R. HICKS UNITED STATES DISTRICT JUDGE
Plaintiff HP TUNERS, LLC (“HPT”), by and through its undersigned legal counsel, and Defendant KENNETH CANNATA (“Cannata”), by and through his undersigned legal counsel, hereby stipulate that this Court enter this Agreed Permanent Injunction Order as set forth below.
RECITALS
WHEREAS, this Honorable Court commenced a bench trial in this matter on January 30, 2023 (“Bench Trial”);
WHEREAS, during the pendency of the Bench Trial, HPT and Cannata amicably resolved the dispute between them subject to and in accordance with a settlement agreement dated January 30, 2023 (“Settlement Agreement”).
WHEREAS, a condition of the Settlement Agreement is the entry of this Agreed Permanent Injunction Order.
AGREED PERMANENT INJUNCTION ORDER
NOW THEREFORE, in consideration of the foregoing recitals, the Court hereby Orders as follows:
1) Cannata, his agents, and any persons acting at his direction, shall not and are hereby PERMANENTLY ENJOINED from the following activities:
a. Releasing any confidential or proprietary intellectual property belonging to HPT to the public;
b. Releasing or selling any products or services that have been developed using HPT's proprietary code, including the hardware device developed by [Cannata] in connection with the Syked ECU Tuning, Inc. software solution;
c. Releasing or selling any products or software based on or derived from HPT's software or products;
d. Developing, planning, designing, researching, or, in any way creating any software or hardware based on or derived from HPT's VCM Suite, MPVI cable, firmware, key generator, or other proprietary intellectual property;
e. Possessing, using, releasing or disseminating HPT's confidential and proprietary intellectual property, including HPT's source code files, key generator, administrative versions of the VCM Suite Software or documents containing any such information related thereto; and
f. Selling, releasing, providing or disseminating HPT credits and/or hacking, cracking, manipulating or otherwise misusing HPT's software at any time in the future.
2) No security shall be required as a condition of the entry of this order.
3) The parties may stipulate to vacate this permanent injunction at any time.
4) The parties consent to the entry of this Agreed Permanent Injunction Order.
5) The parties request that the Court vacate the Bench Trial set for January 31, 2023 at 1:00 p.m.
6) The parties stipulation for dismissal shall be filed within 30 days of this date.
FLETCHER & LEE SHEA LARSEN.
IT IS SO ORDERED.