PERMANENT INJUNCTION AND DISMISSAL WITH PREJUDICE

DALE S. FISCHER, District Judge.

WHEREAS, on October 2, 2019, Plaintiffs FLIR Systems, Inc. and FLIR Commercial Systems Inc.'s (collectively, "FLIR") filed a Complaint for breach of contract and misappropriation of trade secrets against Defendant Edward Huang ("Defendant"),

WHEREAS Defendant denies liability;

WHEREAS, FLIR and Defendant have stipulated to entry of this Stipulated Permanent Injunction;

NOW, THEREFORE, after the Court's review of this stipulation by the parties, as well as the Court's accompanying review of FLIR's complaint, IT IS HEREBY ORDERED, ADJUDGED AND DECREED as follows:

1. Defendant, his agents, heirs, spouses, successors, executors, and all those acting on his behalf or in concert with him, ARE HEREBY RESTRAINED AND ENJOINED from accessing, using, disclosing or transmitting for any purpose any of FLIR's trade secrets or confidential information or information that FLIR has received from third parties in confidence that became known to Defendant during his employment with FLIR. FLIR's trade secrets or confidential information include without limitation any and all files that Defendant had access to, accessed and/or downloaded to personal devices. Such files include, but are not limited to:

(iii) Purchase orders containing FLIR information regarding orders for parts and components, vendors, and pricing information;

2. Defendant is required to immediately return or destroy all FLIR trade secrets or confidential information, if any, not already returned to FLIR.

3. Defendant is directed to serve on FLIR, by email and US mail directed to its counsel of record, within two days after the service on Defendant, by email and US mail directed to his counsel of record, of this Permanent Injunction, Defendant's declaration in the form of Exhibit A attached hereto.

4. There shall be no undertaking or bond required of FLIR.

5. The Court shall retain jurisdiction over the parties hereto for purposes of any proceeding to enforce this Stipulated Permanent Injunction.

6. This case, including all causes of action and defenses, is dismissed with prejudice.

7. This order with its injunctive terms is a final order of this Court.

IT IS SO STIPULATED, BY AND THROUGH COUNSEL.

PURSUANT TO STIPULATION, IT IS SO ORDERED.

EXHIBIT A

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA WESTERN DIVISION

I, Ed Huang, hereby declare as follows:

1. My name is Ed Huang. I am over twenty-one years of age. I am competent to make this declaration. I have personal knowledge of the facts stated in this declaration and if called upon by a court of law to do so, I could and would testify competently to them.

2. I make this Declaration in connection with the Stipulated Permanent Injunction with FLIR in this matter as entered by the Court.

3. I worked at FLIR Systems, Inc. at 6769 Hollister Ave, Goleta, CA 93117 from October 6, 2014 and January 31, 2019.

4. On or about April 2, 2019, at FLIR's request and through a mutually established Forensic Inspection Protocol agreement, I voluntarily and personally delivered a number of electronic devices to FLIR through a forensic vendor, Stroz Friedberg. Attached as Exhibit A is a complete and accurate inventory of the electronic devices that I delivered to FLIR. These electronic devices were forensically examined by a third-party vendor retained by FLIR and under FLIR's direction to identify any FLIR confidential or proprietary information. FLIR represents that the forensic inspection of these electronic devices revealed the presence of FLIR confidential or proprietary information. I accept that representation for purposes of this Declaration. To the best of my knowledge, I do not currently have any FLIR confidential or proprietary information in my possession. Nonetheless, if I subsequently discover any such information, I agree to permanently delete all FLIR confidential or proprietary information from any other electronic devices that are in my possession.

5. I hereby confirm that to the best of my knowledge I have either returned to FLIR, destroyed, or allowed FLIR to destroy any and all FLIR confidential or proprietary information in my possession, regardless of the way in which it was acquired, including but not limited to the following, to the extent they were in my possession:

6. To the best of my knowledge, I no longer possess any of the FLIR confidential or proprietary information in any form whatsoever, whether electronic, hard-copy or in any other respect. In the event that I locate any additional FLIR confidential or proprietary information that I inadvertently failed to return or delete, I agree to return or delete it immediately.

7. I agree that I will not use any FLIR confidential or proprietary information, regardless of the means by which it was acquired. This would include, but is not limited to, the information that was located on my personal devices.

8. I agree that I will provide reasonable assistance and cooperation with any further investigation that may be requested by FLIR, in the event that further investigation is necessary.

9. I hereby also confirm that I have not disclosed any FLIR confidential or proprietary information, including the information listed above, to any third-parties without FLIR's authorization.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed in __________________, California this ______ day of October, 2019.

EXHIBIT A

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA WESTERN DIVISION

Having reviewed the stipulation by the parties, as well as the Court's accompanying review of FLIR's complaint, IT IS HEREBY ORDERED, ADJUDGED AND DECREED as follows:

1. Defendant, his agents, heirs, spouses, successors, executors, and all those acting on his behalf or in concert with him, ARE HEREBY RESTRAINED AND ENJOINED from accessing, using, disclosing or transmitting for any purpose any of FLIR's trade secrets or confidential information or information that FLIR has received from third parties in confidence that became known to Defendant during his employment with FLIR. FLIR's trade secrets or confidential information include without limitation any and all files that Defendant had access to, accessed and/or downloaded to personal devices. Such files include, but are not limited to:

(iii) Purchase orders containing FLIR information regarding orders for parts and components, vendors, and pricing information;

2. Defendant is required to immediately return or destroy all FLIR trade secrets or confidential information, if any, not already returned to FLIR.

3. Defendant is directed to serve on FLIR, by email and US mail directed to its counsel of record, within two days after the service on Defendant, by email and US mail directed to his counsel of record, of this Permanent Injunction, Defendant's declaration in the form of Exhibit A attached to the parties' stipulation.

4. There shall be no undertaking or bond required of FLIR.

5. The Court shall retain jurisdiction over the parties hereto for purposes of any proceeding to enforce this Stipulated Permanent Injunction.

6. This case, including all causes of action and defenses, is dismissed with prejudice.

7. This order with its injunctive terms is a final order of this Court.

PURSUANT TO STIPULATION, IT IS SO ORDERED.