Case 3:14-cv-00757-REP-DJN Document 194 Filed 06/17/15 Page 1 of 5 PageID# 18332
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF VIRGINIA
`RICHMOND DIVISION
`
`SAMSUNG ELECTRONICS CO., LTD.,
`and SAMSUNG ELECTRONICS
`AMERICA, INC.,
`
`Plaintiffs,
`
`CIVIL ACTION NO. 3:14CV757-REP
`
`V.
`
`NVIDIA CORPORATION, OLD MICRO,
`INC. F/K/A VELOCITY MICRO, INC.,
`AND VELOCITY HOLDINGS, LLC,
`
`Defendants.
`
`PERMANENT INJUNCTION AND DISMISSAL ORDER
`
`Based on the parties'
`
`stipulation and agreement hereto,
`
`it
`
`is hereby ORDERED,
`
`ADJUDGED, and DECREED as follows:
`
`1.
`
`Defendants Old Micro, Inc. fk/a Velocity Micro, Inc., and Velocity Holdings,
`
`LLC (collectively "Velocity") and all affiliated or related entities, agents, officers, employees,
`
`representatives, successors, assigns, attorneys, and all other persons acting for, with, by, through,
`
`or under authority from Velocity, or in concert or participation with Velocity, are hereby
`
`PERMANENTLY ENJOINED AND RESTRAINED from
`
`(a)
`
`making, using, offering to sell, or selling within the United States or
`
`importing into the United States, during the extant life of United States
`
`Patent No. 7,073,054 ("the '054 Patent"), which expires no later than
`
`August 16, 2022, any computer containing a hybrid rotating hard disk
`
`drive/solid state drive ("hybrid drive"), where the booting program for the
`
`computer operating system is stored in the solid state portion of the hybrid
`
`drive and the loading of the booting program onto main memory of the
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF VIRGINIA
`RICHMOND DIVISION
`
`SAMSUNG ELECTRONICS CO., LTD.,
`and SAMSUNG ELECTRONICS
`AMERICA, INC.,
`
`Plaintiffs,
`
`CIVIL ACTION NO. 3:14CV757-REP
`
`V.
`
`NVIDIA CORPORATION, OLD MICRO,
`INC. F/K/A VELOCITY MICRO, INC.,
`AND VELOCITY HOLDINGS, LLC,
`
`Defendants.
`
`PERMANENT INJUNCTION AND DISMISSAL ORDER
`
`Based on the parties'
`
`stipulation and agreement hereto,
`
`it
`
`is hereby ORDERED,
`
`ADJUDGED, and DECREED as follows:
`
`1.
`
`Defendants Old Micro, Inc. fk/a Velocity Micro, Inc., and Velocity Holdings,
`
`LLC (collectively "Velocity") and all affiliated or related entities, agents, officers, employees,
`
`representatives, successors, assigns, attorneys, and all other persons acting for, with, by, through,
`
`or under authority from Velocity, or in concert or participation with Velocity, are hereby
`
`PERMANENTLY ENJOINED AND RESTRAINED from
`
`(a)
`
`making, using, offering to sell, or selling within the United States or
`
`importing into the United States, during the extant life of United States
`
`Patent No. 7,073,054 ("the '054 Patent"), which expires no later than
`
`August 16, 2022, any computer containing a hybrid rotating hard disk
`
`drive/solid state drive ("hybrid drive"), where the booting program for the
`
`computer operating system is stored in the solid state portion of the hybrid
`
`drive and the loading of the booting program onto main memory of the
`
`
`
`Case 3:14-cv-00757-REP-DJN Document 194 Filed 06/17/15 Page 2 of 5 PageID# 18333
`
`computer or the transmitting of the booting program to the computer
`
`occurs before the driving motor of the hard disk drive reaches a normal
`
`speed as power is supplied to the computer, including, but not limited to,
`
`the NoteMagix Ml5 with 750gb 7200rpm Mobile Hard Drive with 8gb
`
`SSD Cache;
`
`(b)
`
`otherwise directly infringing, contributorily infringing, or
`
`inducing
`
`infringement of any of the claims of the '054 patent during the extant life
`
`of the '054 Patent;
`
`(c)
`
`making, using, offering to sell, or selling within the United States or
`
`importing into the United States, during the extant life of United States
`
`Patent No. 5,777,854 ("the '854 Patent"), which expires July 7, 2015, any
`
`computer case which infringes the '854 Patent, including, but not limited
`
`to, the Velocity SX computer case;
`
`(d)
`
`otherwise directly infringing, contributorily infringing, or
`
`inducing
`
`infringement of any of the claims of the '854 patent during the extant life
`
`of the '854 Patent; and
`
`(e)
`
`assisting, aiding, or abetting any other person or business entity in
`
`engaging in or performing any of the activities
`
`referred to in
`
`subparagraphs (a)-(d), above;
`
`2.
`
`This Permanent Injunction shall be binding upon and inure to the benefit of
`
`Samsung and Velocity and their
`
`respective parents,
`
`subsidiaries, affiliates, predecessors,
`
`successors, assigns,
`
`licensees, manufacturers, and distributors and their officers, directors,
`
`shareholders, servants, employees, attorneys, and agents, or any committee or other arrangement
`
`of creditors organized with respect to the affairs of any party.
`
`-2-
`
`
`
`Case 3:14-cv-00757-REP-DJN Document 194 Filed 06/17/15 Page 3 of 5 PageID# 18334
`
`3.
`
`The restrictions and prohibitions in this Permanent Injunction shall dissolve and
`
`be of no further force or effect on July 7, 2015 as to the '854 Patent and no laterthan August 16,
`
`2022 as to the '054 Patent.
`
`4.
`
`In any action to enforce this permanent injunction, Velocity is precluded from (i)
`
`challenging or contesting the validity of the '054 Patent or the '854 Patent; or (ii) challenging or
`
`contesting the validity or enforceability of this Permanent Injunction. Velocity is also precluded
`
`from seeking judicial review of this Permanent Injunction.
`
`5.
`
`The Seventh and Eighth Claims for Relief in Plaintiffs' Second Amended
`
`Complaint asserting infringement of the '054 Patent and the '854 Patent against Velocity are
`
`hereby DISMISSED WITH PREJUDICE.
`
`6.
`
`Eachparty shall bear its own costs and attorneys' fees concerning the litigation of
`
`the '854 and '054 Patents.
`
`7.
`
`This Court shall retain jurisdiction to enforce the terms and provisions of this
`
`Permanent Injunction.
`
`ENTERED this
`
`of June, 2015.
`
`/s/ Ml.
`
`Senior United States District Judge
`Robert E. Payne
`
`-3-
`
`
`
`Case 3:14-cv-00757-REP-DJN Document 194 Filed 06/17/15 Page 4 of 5 PageID# 18335
`
`We ask for this:
`
`SAMSUNG ELECTRONICS CO., LTD.
`SAMSUNG ELECTRONICS AMERICA, INC.
`By CoMsel
`
`Robert W. McFarland (VSB No. 24021)
`Sarah K. l\^cConaughy (VSB No. 80674)
`McGuireWoods LLP
`101 W. Main Street, Suite 9000
`Norfolk, Virginia 23510
`Telephone: (757)640-3716
`E-mail: rmcfarland@mcguirewoods.com
`E-mail: smcconaughy@mcguirewoods.com
`
`Brian C. Riopelle (VSB No. 36454)
`McGuireWoods LLP
`One James Center 901 E. Gary Street
`Richmond, VA 23219
`Telephone: (804)775-1084
`E-mail: briopelle@mcguirewoods.com
`
`Darin W. Snyder {Pro Hac Vice)
`Alexander B. Parker {Pro Hac Vice)
`Elysa Q. Wan {Pro Hac Vice)
`O'Melveny & Myers LLP
`Two Embarcadero Genter, 28th Floor
`San Francisco, GA 94111
`E-mail: dsnyder@omm.com
`E-mail: aparker@omm.com
`E-mail: ewan@omm.com
`
`Vision L. Winter {Pro Hac Vice)
`Ryan K. Yagura {Pro Hac Vice)
`Gonnor T. Lynch {Pro Hac Vice)
`O'Melveny & Myers LLP
`400 South Hope Street, 18th Floor
`Los Angeles, GA 90071
`E-mail: vwinter@omm.com
`E-mail: ryagura@omm.com
`E-mail: clynch@omm.com
`
`Attorneysfor PLAINTIFFS Samsung Electronics
`Co., Ltd. and Samsung Electronics America, Inc.
`
`Seen and Agreed:
`
`-4-
`
`
`
`Case 3:14-cv-00757-REP-DJN Document 194 Filed 06/17/15 Page 5 of 5 PageID# 18336
`
`NVIDIA CORPORATION, OLD MICRO, INC.
`F/K/A VELOCITY MICRO, INC., AND
`VELOCITY HpLDINGS, LLC
`By Counsel
`
`Dabney J. Carr, IV, VS^o. 28679
`dabney.carr@troutmansanders.com
`Robert A. Angle, VSB No. 37691
`robert.angle@troutmansanders.com
`TROUTMAN SANDERS LLP
`1001 Haxall Point Richmond, VA 23219
`Telephone: (804)697-1200
`Facsimile: (804)697-1339
`
`Maximilian A. Grant (admittedpro hac vice)
`max.grant@lw.com
`LATHAM & WATKINS LLP
`555 Eleventh Street, N.W., Ste. 1000
`Washington, DC 20004
`Tel: (202) 637-2200; Fax: (202)637-2201
`
`Clement J. Naples (admittedpro hac vice)
`clement.naples@lw.com
`LATHAM & WATKINS LLP
`885 Third Avenue
`New York, NY 10022-4834
`Telephone: (212)906-1200
`Facsimile: (212)751-4864
`
`Counselfor NVIDIA Corporation, Old Micro, Inc.
`f/k/a Velocity Micro, Inc., and Velocity Holdings,
`LLC
`
`-5-
`
`
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