Tech Law Journal

Capitol Dome
News, records, and analysis of legislation, litigation, and regulation affecting the computer, internet, communications and information technology sectors

TLJ Links: Home | Calendar | Subscribe | Back Issues | Reference
Other: Thomas | USC | CFR | FR | FCC | USPTO | CO | NTIA | EDGAR


Temporary Restraining Order.
Re: Patent Infringement.
NetZero v. Juno, U.S.D.C., C.D.Cal, Case No. 00-13378 SVW (RNBx).
Date Signed: January 5, 2001.

Editor's Notes:
  William Robinson, of the law firm of
Mayer Brown & Platt (NetZero's attorney), kindly provided Tech Law Journal with a fax copy of this Order. Tech Law Journal transcribed this document, and edited for HTML.
  The document below is a transcription of the proposed order drafted by Plaintiff's attorneys. William Robinson told Tech Law Journal that this is the order which Judge Wilson signed.
  Several features were eliminated in the transcription process, including double spacing, line numbering, paragraph indentations, page footers. Also, the Proof of Personal Service form is not included.
  Tech Law Journal added the hypertext links.
  Copyright Tech Law Journal. All rights reserved.
  See also, TLJ Summary and NetZero's Complaint for Patent Infringement, filed on December 26, 2000.


Philip J. McCabe
Robert F. Perry
John R. Kenny (#208157)
Kevin G. Daley (#170995)
KENYON & KENYON
33 West San Carlos, Suite 600
San Jose, CA 95110
Telephone: (408) 975-7500
Facsimile: (408) 975-7501

Allan L. Schare (#126305)
David R. Gabor (#145729)
MCDERMOTT, WILL & EMERY
2049 Century Park East, 34th Floor
Los Angeles, CA 90067
Telephone: (310) 277-4110
Facsimile: (310) 277-4730

Attorneys for Defendant
JUNO ONLINE SERVICES, INC.

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA

NETZERO, INC.,

Plaintiff,

v.

JUNO ONLINE SERVICES, INC.,

Defendant.

______________________________

)  
)
)
)
)
)
)
)
)
)
)
 

Case No. 00-13378 SVW (RNBx)

[PROPOSED] TEMPORARY
RESTRAINING ORDER AND
ORDER TO SHOW CAUSE RE
PRELIMINARY INJUCTION

TO JUNO ONLINE SERVICES, INC. ("JUNO") AND ITS ATTORNEYS OF RECORD:

IT IS HEREBY ORDERED THAT Juno shall show cause at ____ __.m. on March __, 2001, or as soon thereafter as the matter may be heard, in the Courtroom of the Hon. Stephen V. [begin  page  2] Wilson located at 312 North Spring Street, Los Angeles, California 90012, why the following should not be entered:

    Juno, its officers, agents, servants, employees, attorneys, subsidiaries, affiliates, successors, assigns, and any and all acting in concert or participation with them shall be restrained and enjoined pending trial of this action from:

      showing ad images in its floating ad banner window (the "Juno Guide") in combination with Internet images appearing in a concurrently active Web browser window where both windows use different links with different link identifiers over a single communication line, as such terms are used in the United States Patent No. 6,157,946, to download and during such online connection display ad images and Internet images concurrently.

    Nothing in this order will restrain Juno from advertising its own services to its own subscribers in any way, or from showing ad images of any sort to its subscribers in its main interface (i) while such subscribers read, write, send, or receive e-mail or (ii) while, prior to the activation of a Web browser, such subscribers initiate a dial-up connection.

IT IS FURTHER ORDERED THAT pending a hearing and decision on the above Order to Show Cause, Juno, its officers, agents, servants, employees, attorneys, subsidiaries, affiliates, successors, assigns, and any and all acting in concert or participation with them shall be restrained and enjoined pending trial of this action from:

      showing ad images in its floating ad banner window (the "Juno Guide") in combination with Internet images appearing in a concurrently active Web browser window where both windows use different links with different link identifiers over a single communication line, as such terms are used in United States Patent No. 6,157,946, to download and during such online connection display ad images and Internet images concurrently.

[begin page 3]

    Nothing in this order will restrain Juno from advertising its own services to its own subscribers in any way, or from showing ad images to any sort to its subscribers in its main interface (i) while such subscribers read, write, send, or receive e-mail or (ii) while, prior to the activation of a Web browser, such subscribers initiate a dial-up connection.

IT IS FURTHER ORDERED THAT this Order to Show Cause must be served on Juno no later than January __, 2001 and that proof of service shall be filed no later than January __, 2001. Any opposition to NetZero's application for preliminary injunctive relief and to this Order to Show Cause must be filed and personally served on NetZero's counsel no later than ___________, 2001. Any reply to Juno's opposition shall be filed and personally served on Juno's counsel no later than _________, 2001.

IT IS FURTHER ORDERED THAT pending trial of this action, NetZero shall post a Bond in the amount of five million dollars (U.S.) ($5,000,000.00) no later than 4:00 p.m. on January ___, 2001.

Dated: January __, 2001 ______________________
Hon. Stephen V. Wilson
United States District Judge
 

Subscriptions | FAQ | Notices & Disclaimers | Privacy Policy
Copyright 1998-2008 David Carney, dba Tech Law Journal. All rights reserved.
Phone: 202-364-8882. P.O. Box 4851, Washington DC, 20008.