The opinion of the court was delivered by: Judge Klausner
FURTHER to the Court's Order Re Plaintiff's Motion for Default Judgment dated June 12, 2009, (the "Order on Default") and pursuant to a Settlement Agreement between Forestay Research, LLC and Enigma Semiconductor, Inc., the parties stipulated to a Final Judgment and Order.
IT IS HEREBY ORDERED, ADJUDGED, AND DECREED as follows:
1. Defendant admits all of the allegations in the Complaint, including that the patent-in-suit is valid, enforceable and infringed, and that Defendant's infringement has been willful.
2. Defendant waives: (a) all rights to seek appellate review or otherwise challenge or contest the validity of this Order or the Order on Default; and (b) any claim Defendant may have against Plaintiff, its employees, representatives or agents that relate to this action.
3. In lieu of an award of damages, enhanced damages and attorney's fees, Plaintiff is hereby awarded (a) $50,000 collectable pursuant to a lien granted by Defendant to Plaintiff, (b) title to all of Defendant's intellectual property rights ("IPR"), which shall include but not be limited to United States and foreign patents and patent applications (including any and all papers, files and electronic documents held by Defendant and its attorneys), masks, mask work rights, packaging, chips, wafers, manuals, test scripts, trade secrets and domain names, including those relating to Defendant's Hybricore Switch family and Hybricore Traffic Manager family, and (c) all hardware and other physical property containing IPR including servers, program generation tapes, database tapes.
4. Defendant shall deliver the physical property containing IPR to Plaintiff within 5 days.
5. Defendant shall deliver its United States patents and patent applications to Plaintiff in good standing, including the revival of any abandoned United States patent applications.
6. Defendant shall deliver a copy of this Order and the Order on Default to all of its officers and directors.
7. This Court shall retain jurisdiction of this matter for purposes of construction, modification, and enforcement of this Order and the Order on Default, including the injunction.
8. Each party shall bear its own costs and attorneys' fees incurred in connection with this action.
9. Defendant waives all rights to contest in any future proceeding whether Defendant was properly served with this Order or any other pleadings in this action.
Submitted August 10, 2009, by ...