U.S. Philips Corporation v. Kbc Bank N.V.

MEMORANDUM

U.S. Philips Corporation (“Philips”) appeals the district court’s order denying Philips’s motion for an order to show cause why KBC Bank N.V. (“KBC Bank”) should not be held in contempt for violating a preliminary injunction and temporary restraining order freezing the assets of KXD Digital Entertainment Ltd. and its affiliates (the “KXD Defendants”), against whom a multi-million dollar judgment was entered in a patent infringement, action filed by Philips. Philips filed this contempt motion following issuance of the mandate in an earlier appeal in this action, U.S. Philips Corp. v. KBC Bank N.V., 590 F.3d 1091 , 1095 n. 3 (9th Cir.2010), in which we stated that Philips had the “continuing ability to seek damages, through contempt proceedings,” for violations of the temporary restraining order and preliminary injunction “that may have occurred while those orders were in effect.” Philips claims that while the orders were in effect, between August 1, 2007 and October 26, 2007, the KXD Defendants violated the injunction by transferring 2.6 million dollars to KXD accounts held at the branches of KBC Bank, and Philips seeks to recover those sums as a judgment creditor.…