Proofpoint, Inc. v. Vade Secure, Incorporated

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 6 PROOFPOINT, INC., et al., Case No. 19-cv-04238-MMC

Plaintiffs, ORDER GRANTING PLAINTIFFS' v. MOTION FOR SUMMARY JUDGMENT

VADE SECURE, INCORPORATED, et al., 11 Defendants.

12 Before the Court is plaintiffs Proofpoint, Inc. ("Proofpoint") and Cloudmark's LLC ("Cloudmark") Motion for Summary Judgment, filed April 23, 2021, whereby plaintiffs seek summary judgment on a number of affirmative defenses raised in response to plaintiffs' First Amended Complaint ("FAC"). Defendants Vade Secure, Incorporated and Vade Secure SASU (collectively, "Vade Secure") have file a response, as has defendant Olivier Lemarié ("Lemarié"). Plaintiffs have filed a reply. Having read and considered the parties' respective written submissions, the Court rules as follows.1 1. With respect to Vade Secure's Fourth, Fifth, Sixth, and Eleventh Affirmative Defenses, titled, respectively, "Estoppel," "Unclean Hands," "Waiver," and "Copyright 22…