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Adobe Systems Inc. v. Miller

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION


May 15, 2009

ADOBE SYSTEMS INCORPORATED, A DELAWARE CORPORATION, AUTODESK, INC., A DELAWARE CORPORATION, AND MICROSOFT CORPORATION, A WASHINGTON CORPORATION, PLAINTIFFS,
v.
MATTHEW MILLER, AN INDIVIDUAL, AND DEPT.: COURTROOM 10, 19TH FLOOR DOES 1-10, INCLUSIVE, JUDGE: HON. SUSAN ILLSTON DEFENDANTS.

The opinion of the court was delivered by: Hon. Susan Illston United States District Court Judge

[PROPOSED] ORDER GRANTING MOTION FOR DEFAULT JUDGMENT AND PERMANENT INJUNCTION AGAINST DEFENDANT MATTHEW MILLER Date: May 15, 2009 Time: 9:00 a.m.

The defendant Matthew Miller ("Defendant") having failed to plead or otherwise appear in this action and Defendant's default having been entered by the Clerk pursuant to FRCP 55(a);

Plaintiffs Adobe Systems Incorporated, Autodesk, Inc., and Microsoft Corporation (collectively, "Plaintiffs") having filed their Motion For Entry Of Default Judgment And Permanent Injunction Against Defendant Matthew Miller (the "Motion"), supported by the Declarations of Paul Fournier and Julie E. Hofer (collectively, the "Declarations"), and having served the Motion and the Declarations on Defendant; and on file herein, and the testimony and evidence presented at the hearing on the Motion, and good cause appearing, copyrights in the following software products: Adobe(r) Acrobat(r) Professional software;

Dreamweaver(r) CS3 Professional software; Adobe(r) Encore(r) 3.0 software; Adobe(r) Fireworks(r) Adobe(r) InDesign(r) CS3 software; Adobe(r) Photoshop(r) CS3 software; Adobe Premiere(r) Pro CS3 software; Adobe(r) SoundboothTM CS3 software; Adobe(r) Ultra(r) CS3 software; AutoCAD(r) 2009 software; Microsoft(r) Office Access(r) 2007 software; Microsoft(r) Office Excel 2007 software; Microsoft(r) Office Publisher 2007 software; and Microsoft(r) Office Word 2007 software;

enjoining and restraining Defendant and Defendant's agents, servants, employees, successors, and assigns, and any and all other persons acting in concert with or in conspiracy with or affiliated with Defendant, from copying, reproducing, distributing, or using any unauthorized copies of any of Plaintiffs' software products or otherwise infringing any of Plaintiffs' copyrights;

(3) Pursuant to 17 U.S.C. § 503(b), Defendant is hereby required to immediately destroy any and all infringing copies of any of Plaintiffs' software products in Defendant's possession or control, regardless of whether those copies are contained on optical discs such as digital video discs or compact discs, installed on computer hard drives, or otherwise stored on tangible media of any sort; statutory damages of $65,000;

(5) Pursuant to 17 U.S.C. § 504, Plaintiff Autodesk, Inc. is awarded statutory damages -2-

The Court having considered the Motion, the Declarations, the evidence and documents

DECREED

IT IS HEREBY ORDERED, ADJUDGED, AND DECRIED THAT:

(1) The Court finds that Defendant willfully and intentionally infringed Plaintiffs' Adobe(r) After Effects(r) CS3 Professional software; Adobe(r) Contribute(r) software; Adobe(r) 9 CS3 software; Adobe(r) Flash(r) CS3 Professional software; Adobe(r) Illustrator(r) CS3 software; 11 Microsoft(r) Office Outlook(r) 2007 software; Microsoft(r) Office PowerPoint(r) 2007 software;

(2) Pursuant to 17 U.S.C. § 502(a), the Court hereby issues a permanent injunction

(4) Pursuant to 17 U.S.C. § 504, Plaintiff Adobe Systems Incorporated is awarded of $10,000;

(6) Pursuant to 17 U.S.C. § 504, Plaintiff Microsoft Corporation is awarded statutory damages of $120,000;

(7) Pursuant to 17 U.S.C. § 505, Plaintiffs are awarded costs of suit in the combined amount of $415;

(8) Pursuant to 17 U.S.C. § 505, Plaintiffs are awarded their reasonable attorney's fees in the combined amount of $____________________; and 15,148.00

(9) Pursuant to 28 U.S.C. § 1961(a), Plaintiffs shall be entitled to post-judgment interest on the sums described herein at the statutory rate.

IT IS SO ORDERED.

20090515

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