Splunk Inc. v. Cribl, Inc.

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

SPLUNK INC., Plaintiff, No. C 22-07611 WHA

v.

CRIBL, INC., ORDER RE REMAINING

CLAIMS AND DEFENSES,

Defendant.

AND INJUNCTIVE RELIEF

16 This order addresses the claims and affirmative defenses preserved by the parties and tried to the bench, as well as plaintiff Splunk Inc.’s motion for a permanent injunction (Dkt. Nos. 346–48). 1. AFFIRMATIVE DEFENSES. Starting with the affirmative defenses, defendant Cribl, Inc. seeks judgment in its favor on account of equitable estoppel, unclean hands, and copyright misuse. First, the elements of equitable estoppel are (1) the party to be estopped must know the facts; (2) the party to be estopped must intend that its conduct shall be acted on or must so act that the party asserting estoppel has a right to believe the conduct is so intended; (3) the party asserting estoppel must be ignorant of the true facts; and (4) the party asserting estoppel must rely on…