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United States of America v. Bazaarvoice

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION


January 31, 2013

UNITED STATES OF AMERICA,
PLAINTIFF,
v.
BAZAARVOICE, INC.
DEFENDANT.

The opinion of the court was delivered by: Judge: Edward M. Chen

STIPULATION AND [PROPOSED] ORDER REGARDING ASSET PRESERVATION

Complaint Filed: January 10, 2013

Trial Date: None Set

In order to ensure that the United States will be able to obtain adequate relief should it 19 prevail in this action and that Bazaarvoice, Inc. ("Bazaarvoice") will retain the ability to dispose 20 of certain assets, the parties stipulate to, and respectfully request that the Court enter, the 21 following Order: 22 1. While this litigation is pending, Bazaarvoice shall provide ten (10) business days 23 written notice (the "Notice Period") to counsel for the United States before consummating any 24 Material Transaction involving assets acquired from PowerReviews, Inc. ("PowerReviews"). 25 For purposes of this Order, the term "Material Transaction" shall include any sale, transfer, lease, 26 assignment, pledge, or other disposal to a third party of (1) any PowerReviews assets with a fair 27 market value greater than $5,000; (2) PowerReviews' technology, including, but not limited to, the company's software; (3) PowerReviews' intellectual property rights, including, but not 2 limited to, patents, copyrights, and trademarks; or (4) any PowerReviews customer contracts.

3

2. If the United States believes in good faith that a proposed disposition is not in the 4 public interest, it shall object in writing to counsel for Bazaarvoice within the Notice Period. 5

Should the United States object to a proposed disposition, Bazaaarvoice may not make the 6 disposition absent Court approval. If the United States does not object to the disposition within 7 the Notice Period, Bazaarvoice is free to make the disposition without Court approval. 8

3. Within ten days of the entry of this Order, Bazaarvoice shall identify all Material

Transactions that were consummated prior to the date that the Order is entered.

By signing this stipulation, counsel for each party listed below concurs in its filing. This

2 stipulation is being filed through the Electronic Case Filing (ECF) system by attorney Michael Bonanno of the United States Department of Justice, Antitrust Division. By his signature, he 4 attests that the United States has obtained concurrence in the filing of this document from 5 counsel for Defendant Bazaarvoice, Inc., pursuant to Civil L.R. 5-1(i)(3). 6 7

Dated: January 29, 2013 By: /s/ Michael D. Bonanno 8 Michael D. Bonanno United States Department of Justice Antitrust Division 450 Fifth Street, NW, Suite 7100 9 Washington, DC 20530 Telephone: (202) 532-4791 10 Facsimile: (202) 616-8544 E-mail: michael.bonanno@usdoj.gov 11 12 Attorneys for Plaintiff 13 United States of America 14 Dated: January 29, 2013 By: /s/ Dominique-Chantale Alepin 15 Dominique-Chantale Alepin Wilson Sonsini Goodrich & Rosati 650 Page Mill Rd Palo Alto, CA 94304 16 Telephone: (650) 493-9300 Facsimile: (650) 849-6811 17 E-mail: dalepin@wsgr.com 18 Attorneys for Defendant Bazaarvoice, Inc.

[PROPOSED] ORDER T RICT A

PURSUANT TO STIPULATION, IT IS SO ORDERED. E D ST

IT IS SO ORDERED

The Honorable Edward M. Chen United States District Judge

20130131

© 1992-2013 VersusLaw Inc.



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