The Court is unpersuaded by Defendants' argument that “TLC believed in good faith that it was free to continue its efforts in the RailMarketplace RFP process.” The terms of the Court's Sept. 4 and Sept. 6 Orders were unambiguous. Moreover, the Defendant's claim is undercut by the fact that TLC violated the July 3, 2007 Order before the injunction was stayed, and the fact that Defendants withheld e-mails in violation of the April 25, 2008 Order.
TLC ignores the fact that on a number of occasions, Defendant violated the July 3, 2007 Order before the Aug. 7 stay was imposed. The Defendant violated the July 3, 2007 injunction, which prohibited any marketing of the Accused Device, by providing Sandy Edmundson and Jim Mathews with specifications of the Accused Device. [See
July 12, 2007 and July 17, 2007 e-mails, Sealed Decl. of Robert Christie, Ex. C, RMP-SDT 00145-52]. Then on July 24, 2007, Defendant Marcus Mukai e-mailed Mathews and Edmundson and assured them that TLC would be participating in the RailMarketplace RFP process. [See
Sealed Decl. of Robert Christie, RMP-SDT 00141-44]. These communications, in which the Defendant is pursuing potential sales, constitute marketing of the Accused Device and violate the July 3, 2007 Order prohibiting the Defendants “from further manufacturing, marketing, or sale of the Accused Device or any similar product.” [Dkt. # 26].