Filed: Oct. 18, 2018
Latest Update: Oct. 18, 2018
Summary: [PROPOSED] ORDER AND JUDGMENT CONFIRMING STIPULATED FINAL ARBITRATION AWARD INCLUDING PERMANENT INJUNCTION CHRISTINA A. SNYDER , District Judge . The Petition of YTC America, Inc. ("YTCA") to confirm a stipulated final arbitration award came on regularly for hearing before the undersigned upon notice duly given. After reviewing the papers and for good cause appearing, IT IS HEREBY ORDERED that the Award is adopted and confirmed in its entirety under 9 U.S.C. 9 of the Federal Arbitrati
Summary: [PROPOSED] ORDER AND JUDGMENT CONFIRMING STIPULATED FINAL ARBITRATION AWARD INCLUDING PERMANENT INJUNCTION CHRISTINA A. SNYDER , District Judge . The Petition of YTC America, Inc. ("YTCA") to confirm a stipulated final arbitration award came on regularly for hearing before the undersigned upon notice duly given. After reviewing the papers and for good cause appearing, IT IS HEREBY ORDERED that the Award is adopted and confirmed in its entirety under 9 U.S.C. 9 of the Federal Arbitratio..
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[PROPOSED] ORDER AND JUDGMENT CONFIRMING STIPULATED FINAL ARBITRATION AWARD INCLUDING PERMANENT INJUNCTION
CHRISTINA A. SNYDER, District Judge.
The Petition of YTC America, Inc. ("YTCA") to confirm a stipulated final arbitration award came on regularly for hearing before the undersigned upon notice duly given. After reviewing the papers and for good cause appearing,
IT IS HEREBY ORDERED that the Award is adopted and confirmed in its entirety under 9 U.S.C. § 9 of the Federal Arbitration Act, subject to enforcement as any other Order of this Court. This adoption and confirmation is supported by the record by, inter alia:
1. The Final Arbitration Award Including Permanent Injunction has not been vacated, modified, or corrected as prescribed in 9 U.S.C. §§ 10 or 11, and because Respondent Leonid Grigorian's ("Grigorian") time to move to vacate, modify, or correct the Award has lapsed, under 9 U.S.C. § 9, this Court must grant YTCA's application for an order;
2. The parties agreed that a court of this District would enter an Order confirming the arbitration award and a Judgment on the award. (See Petition, Ex. A at ¶16, and accompanying Miller Decl. at ¶ 3.
As the parties agreed that a court would enter this Order and a Judgment on the award, and the arbitration award has not been vacated, modified, or corrected, the Court must grant YTCA's application for an order confirming the arbitration award. See 9 U.S.C. § 9.
JUDGMENT is hereby entered in favor of Petitioner YTC America, Inc. and against Respondent Leonid Grigorian. Each party shall bear its own costs and fees.
As part of this Judgment, this Court hereby enters the following permanent injunction.
IT IS HEREBY ORDERED THAT:
I. Leonid Grigorian, and anyone acting in concert with him including, without limitation, Voxelum, is permanently enjoined from engaging in or aiding and abetting any and all of the following activities:
a. Any disclosure, use or possession of any Protected YTCA Confidential Information, including without limitation the Grigorian Disclosures;
b. Any activity within the scope of the disclosure of PCT Patent Application No. PCT/US2015/052530 (the "PCT Application") as it pertains to claims 1-67 of the PCT Application as filed, or that seeks to utilize any invention claimed in claims 1-67 of the PCT Application, or any patent claiming priority thereto;
c. Any actions or activities pertaining to any
i. use of,
ii. development of, or
iii. processes, practices or methods for creating, any metal matrix composite product, including without limitation, coating metal (including particles, substrates or in any other form) with one or more Carbon nanomaterials for any purpose;
d. Any actions or activities relating to the use of metal with Carbon nanomaterials that relies in any way, directly or indirectly, on Protected YTCA Confidential Information, including without limitation the Grigorian Disclosures;
e. Any action to oppose or challenge in any way, or to voluntarily assist in any way any opposition or challenge to, any request by YTCA (or its successor in interests) to add one or more inventors to any of the patent applications identified on Schedule A hereto;
f. Any activity utilizing Protected YTCA Confidential Information, including without limitation the Grigorian Disclosures, including but not limited to:
i. Any activities reflected in any documents found on Grigorian's computer containing YTCA Confidential Information;
ii. Any activities reflected in any YTCA Idea or Invention Disclosures submitted to YTCA by Grigorian during his employment by YTCA; and,
iii. Any activities to monetize, utilize, or otherwise exploit the Protected YTCA Confidential Information, including without limitation the Grigorian Disclosures; and,
g. Any activities to disclose, possess, exercise dominion over, monetize, utilize, or otherwise exploit any other YTCA Confidential Information known to Grigorian based on his employment by YTCA.
II. The injunction is not intended to prevent Grigorian, or those acting in concert with him, from activities outside the scope of the injunction as specified above. By way of example, the teaching of a physics or other technical class by Grigorian concerning uses of carbon nano-materials would not be prohibited, provided such activities do not disclose the confidential or trade secret information of YTCA or use the teachings of the patent applications identified on Schedule A and prohibited by Section I above.
SCHEDULE A
Title Patent/Appl. No. Issue/Filing Named
Date Inventor(s)
3D Printers and US Application No. 03/30/2017 Leonid
Feedstocks for 3D 15/515,955 Grigorian
Printers
Publication No.
US2017297262
3D Printers and Application No. 09/27/2015 Leonid
Feedstocks for 3D PCT/US2015/052530 Grigorian
Printers
Publication No.
WO2016057250
3D Printers and US Application No. 06/26/2015 Leonid
Feedstocks for 3D 62/184,867 Grigorian
Printers
3D Printers and US Application No. 10/05/2014 Leonid
Feedstocks for 3D 62/059,947 Grigorian
Printers
Carbon Composites US Application No. 07/28/2014 Leonid
for Semiconducting 62/029,671 Grigorian
Devices and Energy
Storage Devices
3D Printers and Application No. 08/16/2017 Leonid
Feedstocks for 3D EP20150848812 Grigorian
Printers 20150927.
Publication No.
EP3204223
3D Printers and Application No. 08/29/2017 Leonid
Feedstocks for 3D 201680065532.6 Grigorian
Printers
Publication No.
CN196196484
All patent applications, inventor certificates and/or other registrations of
any type claiming priority to any of the foregoing.
