Case 2:06-cv RSM Document 38 Filed 10/16/2007 Page 1 of 7

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1 Case :0-cv-00-RSM Document Filed //00 Page of 0 THE HONORABLE RICARDO S. MARTINEZ UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON AT SEATTLE COMMSCOPE, INC. OF NORTH CAROLINA, COMMSCOPE SOLUTIONS, INC., and COMMSCOPE SOLUTIONS PROPERTIES LLC, v. Plaintiffs, ELECTRO PRODUCTS, INC., and DANIEL EDWARD OBERHOLTZER, a/k/a DANN OBERHOLTZER, Defendants. No. CV-0-00 RSM STIPULATED ORDER AND PERMANENT INJUNCTION [PROPOSED] Plaintiff CommScope, Inc. of North Carolina ("CommScope") and Defendants Electro Products, Inc. and Daniel Edward Oberholtzer ("Defendants"), wishing to avoid the expense, uncertainty, inconvenience and other burdens of litigating the above-entitled action and without Defendants admitting any liability for any intentional wrongdoing, agree to a CommScope Solutions, Inc. and CommScope Solutions Properties, LLC have been merged into CommScope, Inc. of North Carolina. INJUNCTION (NO. CV-0-00 RSM) -000/LEGAL. Phone: Fax:

2 Case :0-cv-00-RSM Document Filed //00 Page of 0 settlement of their dispute and hereby stipulate to the entry of this Stipulated Order and Permanent Injunction.. The Court has jurisdiction over the Parties and the subject matter at issue in this action.. CommScope is a global leader in cable and connectivity solutions for communications networks. Among its many products, CommScope markets, distributes and sells the SYSTIMAX PATCHMAX patch panel, a piece of hardware that allows telecommunications cables for high-speed data and voice networks to be connected and disconnected very quickly. The SYSTIMAX PATCHMAX patch panel comes in a -port and -port version. In connection with this product, CommScope owns several federally registered trademarks, including PATCHMAX (registration no.,0,), SYSTIMAX (registration nos.,0, and,,), and GIGASPEED (registration no.,,0) (the "CommScope Marks"). The patch panels in this case have the trademarks SYSTIMAX and PATCHMAX on the actual patch panel; the mark GIGASPEED appears on the box that contains the patch panel; and the PATCHMAX and SYSTIMAX marks appear on the installation instructions included with the patch panel.. The SYSTIMAX PATCHMAX patch panel is a premium product, and CommScope has invested considerable resources in advertising and marketing this product under the SYSTIMAX brand.. CommScope is likely to succeed in showing that Defendants have used and are likely to continue to use copies of the CommScope Marks, registered on the Principal Register of the United States Patent and Trademark Office, in connection with the distribution, offering for sale and sale of patch panels with accompanying packaging and INJUNCTION (NO. CV-0-00 RSM) -000/LEGAL. Phone: Fax:

3 Case :0-cv-00-RSM Document Filed //00 Page of 0 literature (the "Counterfeit Products"). These devices are sold and offered for sale as SYSTIMAX PATCHMAX patch panels and come in both -port and -port versions.. Defendants have distributed and sold Counterfeit Products from their principal place of business in Kent, Washington. These Counterfeit Products were obtained from China from an entity holding itself out as "SGE Tek" and an agent holding himself out as "Preston Zheng.". The distribution, offering for sale and sale of such Counterfeit Products has resulted and will result in immediate and irreparable injury to CommScope in the form of loss of income, loss of goodwill, dilution and lessening of the value of the CommScope Marks and will interfere with CommScope's ability to exploit its own rights.. Permanent Injunction. Defendants, their officers, agents, servants, employees, attorneys, and any persons acting in active concert or participation with them who receive actual notice of this Order by personal service or otherwise be, and they are, hereby immediately and permanently restrained from: (a) using, or inducing or enabling others to use, the CommScope Marks or any reproduction, counterfeit, copy, or colorable imitation of said CommScope Marks in any manner in connection with the manufacture, printing, distribution, advertising, offering for sale or sale of any goods or merchandise; (b) using, or inducing or enabling others to use, the CommScope Marks or any reproduction, counterfeit, copy, or colorable imitation of said CommScope Marks in any manner likely to cause others falsely to believe that Defendants' products are connected with CommScope or legitimate CommScope products bearing the CommScope Marks (hereinafter, "Authorized CommScope Products") when they are not; (c) passing off, inducing, or enabling others to sell or pass off any products that are not Authorized CommScope Products as Authorized CommScope Products; (d) committing any other acts calculated to cause purchasers to believe that Defendants' products are Authorized CommScope Products unless they are such; INJUNCTION (NO. CV-0-00 RSM) -000/LEGAL. Phone: Fax:

4 Case :0-cv-00-RSM Document Filed //00 Page of 0 (e) shipping, delivering, distributing, transferring, returning, holding for sale, destroying, or otherwise moving, storing or disposing of any Counterfeit Products or any other item or product bearing or used to reproduce any unauthorized reproduction, counterfeit, copy or colorable imitation of the CommScope Marks; (f) destroying, transferring, altering, moving, returning, concealing, or in any manner secreting any and all Counterfeit CommScope products, and any and all computer tapes or disks, business records, documents, s, supplier names and addresses, order histories, books of accounts, receipts, specifications, packaging and containers and other documentation relating or referring in any way to the manufacture, acquisition, assembly, distribution, advertisement, promotion, offer for sale or sale of any goods or merchandise incorporating any unauthorized reproduction, counterfeit, copy or colorable imitation of CommScope's Marks or otherwise infringing CommScope's intellectual property rights; and (g) unfairly competing with CommScope.. Other Relief. Defendants also agree that, for a period of three () years from the date of this Stipulated Order and Permanent Injunction, if they should learn information that has not been previously disclosed to CommScope about the identity or location of SGE Tek or Preston Zheng, they will promptly bring such knowledge to the attention of CommScope or its attorneys. Defendants have no duty to seek out such information. Defendants further agree to provide written notice to CommScope's counsel of any changes in the name and/or address of any electronics or cable business that they own or operate, or by which Oberholtzer is employed.. Future Claims Unaffected. Nothing in this Stipulated Order and Permanent Injunction precludes CommScope or Defendants from asserting any claims or rights that arise solely after the Defendants' stipulation to this Stipulated Order and Permanent Injunction or that are based upon any breach of, or the inaccuracy of, any representation or warranty made by the Defendants or CommScope in this Stipulated Order and Permanent Injunction or the settlement agreement reached by the Parties. INJUNCTION (NO. CV-0-00 RSM) -000/LEGAL. Phone: Fax:

5 Case :0-cv-00-RSM Document Filed //00 Page of 0. Claims Against Third Parties Unaffected. Nothing in this Stipulated Order and Permanent Injunction precludes CommScope or Defendants from asserting any claims or rights as against any other party to this action, nor any third party.. Non-Appealability. This Stipulated Order and Permanent Injunction is final and may not be appealed by either party.. Rule (d). The Defendants waive any objection under Federal Rule of Civil Procedure (d) (pertaining to injunctions) to paragraph above.. Survival. This Stipulated Order and Permanent Injunction shall bind EPI's corporate affiliates, successors, assignees, officers, directors, employees, agents, servants, representatives and shareholders.. Dismissal. CommScope's claims against Defendants are hereby dismissed with prejudice and without costs to either Party, except the Court shall retain jurisdiction to enforce this Stipulated Order and Permanent Injunction and the settlement agreement between the Parties. DATED this th day of October, 00. /s/ William C. Rava Susan D. Fahringer, WSBA # Joseph M. McMillan, WSBA # William C. Rava, WSBA # Amanda J. Beane, WSBA #00 Telephone: Facsimile: WRava@perkinscoie.com Attorneys for Plaintiff CommScope, Inc. of North Carolina /s/ Allen M. Ressler Allen M. Ressler, WSBA #0 Ressler & Tesh PLLC Second Avenue, Penthouse Suite Seattle, WA Telephone: 0--0 Facsimile: allen@randtlaw.com Attorneys for Defendants Electro Products, Inc. and Daniel Edward Obertholtzer INJUNCTION (NO. CV-0-00 RSM) -000/LEGAL. Phone: Fax:

6 Case :0-cv-00-RSM Document Filed //00 Page of 0 Presented by: It is so ORDERED. ORDER DONE AND ORDERED this day of, 00. /s/ William C. Rava Susan D. Fahringer, WSBA No. Joseph M. McMillan, WSBA No. William C. Rava, WSBA No. Amanda J. Beane, WSBA No. 00 Telephone: Facsimile: WRava@perkinscoie.com Attorneys for Plaintiff CommScope, Inc. of North Carolina and /s/ Allen M. Ressler Allen M. Ressler, WSBA No. 0 Ressler & Tesh PLLC Second Avenue, Penthouse Suite Seattle, WA Telephone: 0--0 Facsimile: allen@randtlaw.com Attorneys for Defendants Electro Products, Inc. and Daniel Edward Obertholtzer THE HONORABLE RICARDO S. MARTINEZ UNITED STATES DISTRICT JUDGE INJUNCTION (NO. CV-0-00 RSM) -000/LEGAL. Phone: Fax:

7 Case :0-cv-00-RSM Document Filed //00 Page of 0 CERTIFICATE OF SERVICE I hereby certify that on October, 00, I electronically filed the foregoing INJUNCTION [PROPOSED] with the Clerk of the Court using the CM/ECF system, which will send notification of such filing to the following counsel: Allen M. Ressler Ressler & Tesh PLLC Second Avenue, Penthouse Suite Seattle, WA Telephone: 0--0 Facsimile: allen@randtlaw.com Attorneys for Defendants I certify under penalty of perjury that the foregoing is true and correct. SIGNED this th day of October, 00 at Seattle, Washington. /s/ Amanda J. Beane Amanda J. Beane, WSBA No. 00 Telephone: Facsimile: ABeane@perkinscoie.com Attorneys for Plaintiff CommScope, Inc. of North Carolina INJUNCTION (NO. CV-0-00 RSM) -000/LEGAL. Phone: Fax: