Filed: Nov. 18, 2016
Latest Update: Nov. 18, 2016
Summary: AMENDED CONSENT JUDGMENT AND PERMANENT INJUNCTION JAMES V. SELNA , District Judge . RECITALS 1. This Consent Judgment and Permanent Injunction, and stipulation of dismissal ("Consent Judgment and Permanent Injunction"), is entered into by Plaintiff Moog Inc. ("Moog"), on the one hand, and Defendant Newport Aeronautical Inc. ("Newport"), on the other hand, for the relief provided herein. 2. On June 25, 2014, Moog filed, in the United States District Court for the Western District of New Y
Summary: AMENDED CONSENT JUDGMENT AND PERMANENT INJUNCTION JAMES V. SELNA , District Judge . RECITALS 1. This Consent Judgment and Permanent Injunction, and stipulation of dismissal ("Consent Judgment and Permanent Injunction"), is entered into by Plaintiff Moog Inc. ("Moog"), on the one hand, and Defendant Newport Aeronautical Inc. ("Newport"), on the other hand, for the relief provided herein. 2. On June 25, 2014, Moog filed, in the United States District Court for the Western District of New Yo..
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AMENDED CONSENT JUDGMENT AND PERMANENT INJUNCTION
JAMES V. SELNA, District Judge.
RECITALS
1. This Consent Judgment and Permanent Injunction, and stipulation of dismissal ("Consent Judgment and Permanent Injunction"), is entered into by Plaintiff Moog Inc. ("Moog"), on the one hand, and Defendant Newport Aeronautical Inc. ("Newport"), on the other hand, for the relief provided herein.
2. On June 25, 2014, Moog filed, in the United States District Court for the Western District of New York on June 25, 2014 (Case No. 1:14-cv-00504-RJA-LGF), the above-captioned Complaint against Newport, asserting claims (among others) for copyright infringement and trade secret misappropriation relating to Newport's sale of certain manuals described below.
3. On June 23, 2016, the Court there ordered that the action be transferred to this Court.
4. The parties, wishing to resolve all disputes and claims in this matter, have entered into a settlement agreement and voluntarily enter into this Consent Judgment and Permanent Injunction.
JUDGMENT AND PERMANENT INJUNCTION
Based on the foregoing recitals, and good cause having been shown, it is hereby STIPULATED AND AGREED that the following Judgment and Permanent Injunction in favor of Moog and against Newport should be granted, and such Judgment should be entered as the final judgment and permanent injunction herein:
1. The Court has jurisdiction over the parties and the subject matter for purposes of the Complaint and this Consent Judgment and Permanent Injunction.
2. Newport acknowledges that Moog has registered or is seeking registration of various "Moog Manuals." Moog Manuals means any and all documents generated by Moog and/or any of its affiliates concerning the operation, maintenance, and/or repair of products sold or manufactured by Moog and/or any of its affiliates. Moog's affiliates include those entities reported in Exhibit 21 to Moog's current 10-K and all future 10-Ks as filed and amended from time to time with the U.S. Securities Exchange Commission (a copy of Exhibit 21 to Moog's 2015 10-K is attached as Exhibit 1).
3. Newport, and its officers, agents, servants, employees, and all persons in active concert or participation with Newport, are hereby permanently and immediately enjoined from directly or indirectly infringing Moog's copyrights or from copying, manufacturing, importing, exporting, distributing, offering to sell and selling or acquiring for distribution any and all Moog Manuals and from using or disclosing any information derived or copied from any and all Moog Manuals.
4. No appeal may be taken from this Consent Judgment.
5. Each party will bear its own costs and attorneys' fees.
6. Pursuant to the parties' settlement agreement and this Consent Judgment, this lawsuit is hereby dismissed with prejudice.
The parties hereby acknowledge that they have read the terms of this Consent Judgment and Permanent Injunction, understand these terms, and agree to be bound by these terms. The parties hereto stipulate and agree to the accuracy of the representations set forth in this Consent Judgment and Permanent Injunction, to the imposition and assumption of the duties and to the conveyance and acceptance of the rights provided herein, and to the entry of judgment and of a permanent injunction based thereon. The individuals executing this Consent Judgment and Permanent Injunction confirm that they are duly authorized to do so, and are authorized to bind the parties to this Consent Judgment and Permanent Injunction on whose behalf they execute it.
Based on the stipulation and agreement of the parties, the Complaint on file in this action, and such other matters as the Court may properly consider, and good cause appearing therefor,
IT IS SO ORDERED, ADJUDGED AND DECREED:
EXHIBIT "1"
(21) Our subsidiaries. (All of which are wholly owned by the Corporation, directly or
indirectly, unless otherwise noted.) The names of indirectly owned subsidiaries are
indented under the names of their respective parent corporations.
Name State/Country of Incorporation
Animatics GmbH Germany
Bradford Engineering B.V. Netherlands
Broad Reach Engineering
Company Delaware
Octant Technologies Inc. California
Curlin Medical Inc. Delaware
Moog MDG SRL Costa Rica
Viltechmeda UAB Lithuania
ZEVEX, Inc. Delaware
Harmonic Linear Drives Ltd. (75% England and Wales
owned by Moog Inc.)
Ingenieurburo Pieper GmbH Germany
Moog Asset Management LLC Delaware
Moog Australia Pty., Ltd. Australia
Moog do Brasil Controles Ltda. Brazil
Moog Controls Corp. Ohio
Moog Controls Hong Kong Ltd. Hong Kong
Moog Control Systems (Shanghai) People's Republic of China
Co., Ltd.
Moog Industrial Controls People's Republic of China
(Shanghai) Co., Ltd.
Moog Controls (India) Pvt. Ltd. India
Moog Controls Ltd. United Kingdom
Moog Femau Ltd. United Kingdom
Moog Components Group Limited United Kingdom
Tritech Holdings Limited United Kingdom
Tech International Limited United Kingdom
do Brasil Servicos E Brazil
Equipamentos Submarinos
Limitada
Moog Norden AB Sweden
Moog OY Finland
Moog Wolverhampton Limited United Kingdom
Moog Europe Holdings Luxembourg
Luxembourg SCS
Focal Technologies Corporation Nova Scotia
Moog Holding GmbH & Co. KG Germany
nsensys Holdings Ltd. United Kingdom
Moog Insensys Limited United Kingdom
Moog B.V. Netherlands
Moog GmbH Germany
Moog ltaliana S.r.l. Italy
Moog Luxembourg S.A.R.L. Luxembourg
Moog Unna GmbH Germany
Moog Control Equipment (Shanghai) People's Republic of China
Co. Ltd.
Obshestwo s Ogranizennoi Russia
Otwetstwennostju MOOG
Moog Luxembourg Finance Luxembourg
S.A.R.L.
Moog International Financial Luxembourg
Services Center S.a.r.l.
Moog Verwaltungs GmbH Germany
Moog Holdings Ltd. Ireland
Moog Dublin Ltd. Ireland
Moog UK Cheltenham Ltd. United Kingdom
Moog Ireland Limited Ireland
Moog Japan Ltd. Japan
Moog Korea Ltd. South Korea
Moog Receivables LLC Delaware
Moog S.A.R.L. (95% owned by France
Moog Inc.; 5% owned by Moog
GmbH)
Moog Singapore Pte. Ltd. Singapore
Moog India Technology Center India
Pvt. Ltd.
Moog Motion Controls Private India
Limited
Moog Techtron Corp. Florida
Moog UK Westcott Ltd. United Kingdom