United States District Court, N.D. California
September 17, 2004.
TERA SYSTEMS, INC., Plaintiff/Counterclaim Defendant,
INTIME SOFTWARE, INC., Defendant/Counterclaimant.
The opinion of the court was delivered by: SUSAN ILLSTON, District Judge
On September 17, 2004, default was ordered against
defendant/counterclaimant In Time Software, Inc. For good cause
shown, it is ORDERED, ADJUDGED AND DECREED that:
1. Judgment is entered against defendant In Time
Software, Inc. and in favor of plaintiff Tera
Systems, Inc. on Tera Systems' claims of infringement
of United States Patent No. 6,145,117 ("the `117
patent") and infringement of United States Patent No.
6,360,356 B1 ("the `356 patent"); and against
counterclaimant In Time and in favor of counterclaim
defendant Tera Systems on In Time's counterclaims;
2. Defendant In Time, its affiliates, subsidiaries,
officers, agents, servants, employees and all persons
in active concert or participation with it, are
forthwith permanently enjoined and restrained from:
a. Making, using, importing, offering to sell or
selling technology within the United States which
infringes either the `117 patent or the `356 patent;
b. Actively inducing infringement of the `117 patent
or the `356 patent.
3. This judgment shall apply to defendant, its
affiliates, subsidiaries, officers, agents, servants,
employees and all persons in active concern or
participation with any of them.
This Court shall retain jurisdiction to ensure enforcement of
this judgment. In the event of any violation of the judgment
plaintiff, among its other remedies, shall be entitled to an
award of its reasonable attorneys' fees and costs in seeking
IT IS SO ORDERED AND ADJUDGED.
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