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Microsoft Corp. v. EEE Business Inc.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO


September 29, 2009

MICROSOFT CORPORATION, A WASHINGTON CORPORATION, PLAINTIFF,
v.
EEE BUSINESS INC., A CALIFORNIA CORPORATION, D/B/A EBUSZONE.COM AND EBZ EBZ; MING NI SHANG; LIFENG WANG, A/K/A ALICE WANG; NANCY LINKER; AND JOHN DOES 1-5, DEFENDANTS.

The opinion of the court was delivered by: The Honorable Jeffrey S. White United States District Judge

[PROPOSED] ORDER GRANTING SUMMARY JUDGMENT AGAINST DEFENDANT LIFENG WANG (RE: DAMAGES, ATTORNEYS' FEES AND COSTS)

This matter comes before the Court on the motion of plaintiff Microsoft Corporation ("Microsoft") for summary judgment awarding damages and attorneys' fees and costs Microsoft's motion as follows: after twice re-opening discovery to permit Defendant Alice Wang to meet her burden against defendant Lifeng Wang, also known as Alice Wang. Having carefully considered the papers submitted and the relevant legal authority, the Court hereby GRANTS and liability has already been established by prior orders of the Court and

(1) Plaintiff Microsoft has submitted evidence showing that defendant Lifeng Wang, also known as Alice Wang, earned not less than $1,400,199.08 from her infringing distribution of Microsoft products, as evidenced by funds deposited in a PayPal account between September 2006 and April 2007. Pursuant to Federal Rule of Civil Procedure 56, Local Civil Rule 56, and 17 U.S.C. § 504(b), 17 U.S.C. § 1203(c)(2), and 18 U.S.C. § 2318(f)(3)(A), and consistent with the Court's Order entering default judgment against co-defendants EEE Business Inc. and Ming Ni Shang (Dkt. #108), the Court AWARDS judgment in the amount of $1,400,199.08 against defendant Lifeng Wang. The award of damages is joint and several with the judgment entered against co-defendants EEE Business Inc. and Ming Ni Shang.

(2) Pursuant to Federal Rule of Civil Procedure 54 and 17 U.S.C. § 505, U.S.C. § 1203(b) and 18 U.S.C. § 2318(f)(2)(C)(i), the Court AWARDS $253,537.30 in reasonable attorneys' fees and $5,929.87 in costs against defendant Lifeng Wang.

(3) The permanent injunction (Dkt. #64) entered by the Court against defendant Lifeng Wang shall remain in full force and effect.

(4) This judgment shall accrue interest, compounded annually, pursuant to 28 U.S.C. § 1961. this ruling.

(5) The motion to strike untimely jury demand is RENDERED MOOT by

(6) Judgment has been entered. Damages are hereby assessed and the case is terminated. The Clerk shall close the file.

IT IS SO ORDERED.

20090929

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