Synopsys, Inc. v. Khanh

Background

Synopsys, Inc. filed an emergency motion seeking four forms of relief: a temporary restraining order, an order requiring the defendants to explain why a preliminary injunction should not be entered, expedited discovery, and permission to serve the Doe defendants by alternative means. The court held a hearing at which Synopsys appeared. Phan Văn Khánh did not appear, but Synopsys established that it had given Khánh notice of the motion and hearing.

Court’s analysis

The court applied the preliminary-injunction standard to the request for a temporary restraining order. Under that standard, the requesting party must show a likely success on the merits, likely irreparable harm without immediate relief, that the balance of equities favors relief, and that an injunction serves the public interest. The court said it was making no definitive merits finding at this early stage, but found that Synopsys had shown serious questions concerning its claims under the Digital Millennium Copyright Act and the Lanham Act. The court also found that Synopsys adequately showed likely irreparable harm and that the balance of equities and public-interest factors supported a limited temporary restraining order.

The court found good cause for expedited third-party discovery from internet service providers that might possess subscriber information connected with the operation of ShareAppsCrack.com. This discovery was intended to identify the Doe defendants. The court separately denied Synopsys’s request for forensic discovery of Khánh’s devices and computers involved in the website’s operation without prejudice, citing reasons stated at the hearing.

Order

The court authorized Synopsys to serve Does 1-6 by email and directed Synopsys to file proof of service after doing so. The court temporarily barred Phan Văn Khánh, Does 1-6, and persons or entities acting with them from: (1) using names, symbols, false designations, or misleading descriptions likely to cause confusion about Synopsys’s connection with their goods, services, or activities; (2) sharing, hosting, distributing, or otherwise trafficking in counterfeit Synopsys software; and (3) making available or trafficking in technology or other items primarily designed to bypass technological measures controlling access to Synopsys’s copyright-protected software.

Judge James Donato ordered Khánh and representatives for ShareAppsCrack.com to appear on June 2, 2022, to show why a preliminary injunction should not be entered pending final judgment. The order stated that its temporary restrictions would remain in effect for 30 days, through June 8, 2022.