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S.I.P. Technologies, L.L.C. v. Spear

United States District Court, E.D. Louisiana

January 11, 2019

S.I.P. TECHNOLOGIES, L.L.C., Plaintiff,

         SECTION J(4)




         Pursuant to a Settlement Agreement (the “Settlement Agreement”) and by stipulation between plaintiff S.I.P. Technologies, L.L.C. (“SIP”) and defendants Greg Spear, MTN Products, Inc. (“MTN”), Water Solutions (Hong Kong) Ltd. (“WSL”), (collectively, “Defendants”), the Court herby enters this Stipulated Permanent Injunction:


         For the purpose of this Order, the following definitions apply:

         1. “Confidential Information” means any information, knowledge or data of any nature and in any form relating to the business of SIP, whether or not marked “confidential”, including, without limitation, information relating to business plans, product designs, product specifications, manufacturing processes, operational methods, quality assurance procedures, drawings, graphs, trade secrets, invention disclosures, unpublished patent applications, supplier lists, customer lists, supplier information, purchasing methods or practices, distribution and marketing activities, strategies or techniques, financial reports, budgets, cost analyses, price lists, formulae and analyses, and internal notes and memoranda relating to any of the foregoing; provided, however, that the term “Confidential Information” does not include any information that at the time of disclosure or thereafter (i) is known or independently developed by the Party receiving such information, (ii) is generally available to the public, or (iii) is available on a non-confidential basis from another source provided that such information was not obtained by such source in a manner that violated an obligation of confidentiality to SIP.

         2. “Document” and “Electronically Stored Information” are synonymous in meaning and equal in scope to the usage of the terms in Rule 34(a) of the Federal Rules of Civil Procedure and include but are not limited to all original and copies of:

         (A) written, typed, printed, electronically stored, transcribed, taped, recorded, filmed, punched, or graphic matter or other data compilations of any kind, such as letters, email or other correspondence, messages, memoranda, interoffice communications, notes, reports, summaries, manuals, magnetic tapes or discs, tabulations, books, records, checks invoices, work papers, journals, ledgers, statements, returns, reports, schedules, or files;

         (B) electronically stored information stored on any iPhones, or any other type of mobile device, flash drives, personal digital assistants (“PDAs”), desktop personal computers and workstations, laptops, notebooks, and other portable computers, or other electronic storage media, whether assigned to individuals or in pools of computers available for shared use, or personally owned but used for work-related purposes; and

         (C) backup disks and tapes, archive disks and tapes, and other forms of offline storage, whether stored onsite with the computer used to generate them, stored offsite in another company facility, or stored, hosted, or otherwise maintained offsite by a third-party; and computers and related offline storage.

         3. “Existing Know-How” means all of SIP's know-how, trade secrets and Confidential Information in any form, in existence as of May 1, 2011, relating to the SIP System.

         4. “Licensed Technology” means, collectively, the Patents and the Existing Know-How.

         5. “Patents” means U.S. Pat. Nos. 6, 085, 540, 6, 289, 690, 6, 532, 760, 6, 561, 382, 7, 114, 637, 7, 175, 054, 7, 258, 803, 7, 422, 684, 7, 640, 766, 7, 655, 150, 7, 748, 233, 8, 007, 666, 8, 056, 358, 8, 343, 341, 8, 366, 920, 8, 387, 409, 8, 500, 993, 8, 647, 501, 8, 871, 085, 9, 034, 183, 9, 434, 623, and 9, 446, 968, and any foreign patents, continuations, continuations-in-part, divisionals or reissue patent applications based on such patents or patent applications.

         6. “SIP System” means the ozone generating system of the Licensed Technology for sanitizing a water reservoir using ozone diffusion developed by SIP and all associated parts and components as described by the Specifications, including, without limitation, the SIP Unit and all diffusers, air pumps, tubing, specially designed spigots, flow lines, power cables and other components for incorporating the SIP ...

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