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Moog Inc. v. Newport Aeronautical, Inc., 8:16-cv-01477-JVS KES. (2016)

Court: District Court, C.D. California Number: infdco20161122857 Visitors: 11
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
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AMENDED CONSENT JUDGMENT AND PERMANENT INJUNCTION

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
Source:  Leagle

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