DLA Piper has secured a preliminary injunction on behalf of its client, Chip Connect, a leader in the design, manufacturing, assembly and testing of printed circuit boards, against defendants, Coy Christmas, Calibur11 LLC, EinsteinModz LLC and BGRMods LLC.

On January 6, Judge Mueller of the US District Court for the Eastern District of California ordered the defendants to stop using, copying, reproducing and distributing the flexboard and computer code for all versions of Intensafire, the circuit board design and computer code for MLG Game Vault, the circuit board design and computer code for Gears of War 3 Game Vault and any and all design features of the Game Vault Products provided by Chip Connect. The Judge also ordered that the defendants refrain from representing that they are the creators of Chip Connect technology, that they refrain from any other activity constituting infringements of the copyrights for the aforementioned products, and that they return all of Chip Connect’s confidential information.

“This ruling is significant as it is one of the first preliminary injunction orders, following the Ninth Circuit’s recent decision in Flexible Lifeline Systems v. Precision Lift, where a plaintiff had to prove irreparable injury rather than the previous standard of presumed irreparable injury,” said Scott W. Pink, lead counsel for Chip Connect and special counsel in DLA Piper’s Sacramento office. “We’re pleased with Judge Mueller’s decision that Chip Connect was not required to post any bond as well as to issue a preliminary injunction on the company’s behalf. We’re looking forward to continuing to work with Chip Connect to see this matter through to a satisfactory conclusion.”

In the ruling, Judge Mueller wrote that the plaintiff had “shown it will suffer irreparable injury from the loss of goodwill and the inability to use its intellectual property completely.” In addition, relating to the bond issue, Mueller wrote, “here, the defendants have not presented evidence, but rather only arguments, about the harm the injunction could cause…the court cannot find there is any evidence to support a requirement that plaintiff post a bond prior to the injunction taking effect.”

In addition to Pink, the DLA Piper team representing Chip Connect included Rajiv Dharnidharka, Daniel J. Croxall, and Ashley H. Joyce.



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