QUINN EMANUEL URQUHART OLIVER & HEDGES, LLP           "ORIGINAL FILED  Charles K. Verhoeven (Bar No. 170151)  Susan L. Wines (Bar No. 168643)                                                         December 20, 2002  Victoria F. Maroulis (Bar No. 202603)  Jennifer Kash Hartog (Bar No. 203679)                                               Richard W. Wieking  W. Paul Schuck (Bar No. 203717)                                                    Clerk, US District Court201 Sansome Street, 6th Floor                                                           Northern District of California"    San Francisco, California 94104Telephone: (415) 986-5700Facsimile: (415) 987-5707

Attorneys for Plaintiff-Counterclaim DefendantTEGIC COMMUNICATIONS, INC.

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF CALIFORNIA

SAN FRANCISCO DIVISION

 

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TEGIC COMMUNICATIONS, INC., a    Washington Corporation,

                              Plaintiff-Counterclaim                              Defendant,    v.

ZI CORPORATION, a Canadian Corporation, and ZI CORPORATION OF AMERICA,    INC., a Nevada Corporation,

                              Defendants-Counterclaim                              Plaintiffs.

)    )    )    )    )    )    )    )    )    )    )    )    )    )    )    )    )  
CASE NO. C 00-0989 MMC
**CONSENT JUDGMENT    ORDER AND PERMANENT INJUNCTION

 **
 

Court: Honorable Maxine M. Chesney    Courtroom: 2, 17th Floor    Date: None Requested

 

                It has been represented to this Court that theparties, Plaintiff and Counterclaim Defendant Tegic Communications, Inc.("Plaintiff") and Defendants Zi Corporation and Zi Corporation, Inc.("Defendants") have agreed to a compromise and settlement of this civil action.

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ConsentJudgmentand Permanent Injunction

                WHEREFORE, with the consent of the parties, through their respective counsel,IT IS HEREBY FINALLY ORDERED, ADJUDGED AND DECREED as follows:

               1.        The Court has jurisdiction of theparties and the subject matter of this action.

               2.        Plaintiff Tegic Communications,Inc. owns and has standing to sue for infringement of its U.S. Patent No.5,818,437 ("'437 Patent") and U.S. Patent No. 6,011,554 ("'554 Patent").

               3.        Plaintiff and Defendants haveentered into a Settlement Agreement settling this action.

               4.        Defendants hereby agree, and theCourt accordingly orders, that the '437 Patent and the '554 Patent are valid andenforceable and that Defendants have willfully infringed the '437 Patent and the'554 Patent causing $9 million in damages to Plaintiff.

               5.        Defendants hereby agree, and theCourt accordingly orders, that Defendants, their officers, agents, servants,employees, attorneys, and all those persons acting in concert or participatingwith them, are permanently enjoined from infringing the '437 Patent and the '554Patent either directly, or by inducing or contributing to their infringement,by:

(A)
 
making, using, importing, offering for sale, or    selling in the United States eZiText versions 4.0, 4.1 or 4.2 for alphabetic    languages; or
(B)
 
making, using offering for sale, or selling in    the United States any product, or component, that is not colorably different    from eZiText versions 4.0, 4.1 or 4.2 for alphabetic languages; 
               6.        In accordance with, and subject to,the terms and conditions of the Settlement Agreement, Plaintiff's Complaint, andDefendants' Counterclaim, are hereby dismissed with prejudice. 

               7.        Defendants hereby agree that anybreach by them of the Settlement Agreement, including any failure to timely payany settlement amount, shall entitle Plaintiff to immediately execute any unpaidportion of the $9 million damages award owed pursuant to the SettlementAgreement. 

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ConsentJudgmentand Permanent Injunction

               8.        This Court retains jurisdictionover the parties for the purposes of enforcing the terms and conditions of thisOrder and the Settlement Agreement.

               9.        Each party shall bear its own costsand attorneys' fees.
DATED: December 16, 2002      QUINN EMANUEL URQUHART OLIVER & HEDGES, LLP 
By  "***Charles K. Verhoeven***"                            Charles K. Verhoeven (Bar No. 170151)    Jennifer Kash Hartog (Bar No. 203679)    W. Paul Schuck (Bar No. 203717)    201 Sansome Street, 6th Floor    San Francisco, California 94104    Telephone: (415) 986-5700    Facsimile: (415) 987-5707   
  DAVIS WRIGHT TREMAINE LLP    Martin L. Fineman (State Bar No. 104413)    Peter L. Isola (State Bar No. 144146)    One Embarcadero Center, Suite 600    San Francisco, California 94111-3834    Telephone: (415) 276-6500     Facsimile: (415) 276-6599     Attorneys for Plaintiff and Counterclaim-    Defendant Tegic Communications, Inc.   DATED: December 16, 2002 MORRISON & FOERSTER                        LLP      
By:  "***Jack W. Londen***"                            Jack W. Londen (Bar No. 85776)    Lois K. Perrin (Bar No. 185242)    425 Market Street    San Francisco, California 94105-2482    Telephone: (415) 268-7000    Attorneys for Defendants    Zi Corporation and Zi Corporation of America,                            Inc.
 

 

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ConsentJudgmentand Permanent Injunction

  
Pursuant to the agreement of the parties, it is so ordered. 
Dated: Dec. 20, 2002 "***Maxine M. Chesney***"     The Honorable Maxine M. Chesney    United States District Court Judge
 

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ConsentJudgmentand Permanent Injunction
**PROOF OF SERVICE**
                I, Terri D. Mickles, declare under penalty of perjury under the laws of TheUnited States of America that the following is true and correct:

                I am employed in the City of San Francisco, County of San Francisco, State ofCalifornia, in the office of a member of the bar of this court, at whosedirection the service was made. I am a citizen of the United States, over theage of eighteen (18) years, and not a party to or interested in thewithin-entitled action. I am an employee of QUINN EMANUEL URQUHART OLIVER &HEDGES, LLP, and my business address is 201 Sansome Street, 6th Floor, SanFrancisco, California 94104.

                I caused to be served the following document(s):
**                [PROPOSED] CONSENT JUDGMENT ORDER AND PERMANENT INJUNCTION**
                I caused the above documents to be served on each person on the attached listby the following means:
[M]I enclosed true and correct copies of said document(s) in an envelope    and placed it for collection and mailing with the United States Post Office    on **December 16, 2002**, following the ordinary business practice. *(Indicated on the attached address list by an [M] next to the address.) *[] I enclosed true and correct copies of said documents in an envelope,    and placed it for collection and mailing via Federal Express on November 22,    2002, for guaranteed delivery on November 25, 2002, following the ordinary    business practice. *(Indicated on the attached address list by an [FD] next to the address.) *[F]I consigned true and correct copies of said documents for facsimile    transmission on **December 16, 2002**. *(Indicated on the attached address list by an [F] next to the address.) *[] I enclosed true and correct copies of said documents in an envelope,    and consigned it for hand delivery by messenger on December 16, 2002. *(Indicated on the attached address list by an [H] next to the        address.)*
                I am readily familiar with my firm’s practice for collection and processingof correspondence for delivery in the manner indicated above, to wit, thatcorrespondence will be deposited for collection in the above-described mannerthis same day in the ordinary course of business.

                Executed on December 16, 2002, at San Francisco, California.

                                                                                                                                                             "***Terri D Mickles***"                                                                                                                                  TERRI D MICKLES

                            -5-
                            Proof of service                            Case No C 00-0989 MMC                                                                                                                                                       50561/42095.1

SERVICE LIST
Key:  [M] Delivery by Mail          [F]  Delivery by    Facsimile[FD] Delivery by Federal Express    [FM] Deliver by Facsimile and Mail[H] Delivery by hand    [EM]    E-Mail   
[FM]     Jack W. Londen                            Matthew I. Kreeger                            Matthew J. Zimmerman                            Morrison & Foerster LLP                            425 Market Street                            San Francisco, CA 94105-2482

Phone: (415) 268-7000        Fax: (415) 268-7522

[FM]    Lois K. Perrin                           Morrison & Foerster, LLP                           2000 Pennsylvania Ave., N.W.                           Suite 5500                            Washington, D.C. 20006

        Phone: (202) 887-1500        Fax: (202) 887-0763
 
 

    
 

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