Filed: Apr. 30, 2019
Latest Update: Apr. 30, 2019
Summary: [PROPOSED] JUDGMENT AND ORDER JAMES DONATO , District Judge . WHEREAS Plaintiff Synopsys, Inc. ("Plaintiff") and Defendant Fortinet, Inc. ("Defendant") are parties to a civil action entitled Synopsys, Inc. v. Fortinet, Inc., et al., in the United States District Court for the Northern District of California, San Francisco Division, Case No. 3:19-cv-00853-JD (the "Litigation"); WHEREAS Plaintiff has alleged that the Defendant violated the Digital Millennium Copyright Act ("DMCA"), the
Summary: [PROPOSED] JUDGMENT AND ORDER JAMES DONATO , District Judge . WHEREAS Plaintiff Synopsys, Inc. ("Plaintiff") and Defendant Fortinet, Inc. ("Defendant") are parties to a civil action entitled Synopsys, Inc. v. Fortinet, Inc., et al., in the United States District Court for the Northern District of California, San Francisco Division, Case No. 3:19-cv-00853-JD (the "Litigation"); WHEREAS Plaintiff has alleged that the Defendant violated the Digital Millennium Copyright Act ("DMCA"), the C..
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[PROPOSED] JUDGMENT AND ORDER
JAMES DONATO, District Judge.
WHEREAS Plaintiff Synopsys, Inc. ("Plaintiff") and Defendant Fortinet, Inc. ("Defendant") are parties to a civil action entitled Synopsys, Inc. v. Fortinet, Inc., et al., in the United States District Court for the Northern District of California, San Francisco Division, Case No. 3:19-cv-00853-JD (the "Litigation");
WHEREAS Plaintiff has alleged that the Defendant violated the Digital Millennium Copyright Act ("DMCA"), the Copyright Act and its existing agreements with Synopsys (collectively "Synopsys' Complaint"); and
NOW THEREFORE, in consideration of the foregoing and in consideration of the payments, promises and mutual undertakings set forth herein and in the Parties' Confidential Settlement Agreement ("Agreement") executed by Plaintiff and Defendant and incorporated herein by this reference, the sufficiency of which is hereby acknowledged, the Parties stipulate as follows:
1. Defendant, including its employees, agents, contractors and consultants are permanently restrained and enjoined from accessing, using, modifying, distributing or selling any Synopsys applications or any electronic files associated with the use of or access to any Synopsys applications, including but not limited to license key files, without a valid license. This provision specifically prohibits Defendant's employees, agents, contractors and consultants from altering identifying information on Defendant's license server computers including but not limited to altering the unique identifier known as the "Host ID" which Fortinet provides to Synopsys to enable Fortinet to run Synopsys' license server. Defendant, including its employees, agents, contractors and consultants may use or access Synopsys applications only pursuant to a valid Synopsys license(s) and pursuant to the terms and conditions specified by said license(s).
2. This Court shall retain jurisdiction of this matter to enforce the terms of the Agreement without the necessity of any party's filing a separate lawsuit to do so. In any contest over an alleged violation of this Agreement, the prevailing party shall recover its reasonable attorneys' fees and costs.
3. All claims filed herein are hereby dismissed with prejudice. Each party shall bear its own fees and costs.
CIVIL LOCAL RULE 5-1(i)(3) ATTESTATION
I hereby attest that concurrence in the filing of this document has been obtained from each of the other signatories hereto.
IT IS SO ORDERED.
