Case 2:21-cv-00519-RSL Document 23 Filed 12/06/21 Page 1 of 4
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`The Honorable Robert S. Lasnik
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`UNITED STATES DISTRICT COURT
`WESTERN DISTRICT OF WASHINGTON AT SEATTLE
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`NINTENDO OF AMERICAINC.,
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`Plaintiff,
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`Vv.
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`GARY BOWSER,
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`Defendant.
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`NO. 2:21-cv-00519-RSL
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`CONSENT TO ENTRY OF JUDGMENT
`AND PERMANENTINJUNCTION
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`Plaintiff Nintendo of AmericaInc. (“Plaintiffor “Nintendo”) and Defendant Gary Wayne
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`Bowser(“Defendant”or “Bowser”), by and through their undersigned counsel, hereby consent to
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`judgment in favor of Nintendo and authorize the Court to enter monetary relief in the sum of
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`US$10,000,000.00 in favor of Nintendo and against Defendant. Bowser and Nintendo jointly
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`move the Court to enter the Final Judgment and PermanentInjunction, filed contemporaneously
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`herewith as Exhibit A, and pursuantto the following terms:
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`1,
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`The Defendant acknowledges that he has been properly and validly served with the
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`Summons and Complaintin this action.
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`2.
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`Defendant acknowledges and agrees that the award of monetary relief here bears a
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`reasonable relationship to the range of damages and attorneys’ fees and full costs that the parties
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`could have anticipated would be awarded at and followinga trial of this action.
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`wooAUWBWN
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`HBHPADPPBPWWWWWWWWWWNNNNNONNNNNRRRreeeeeSABWNOFDOWATAARWNOKTOWMAAINDAHPWNHMRKTDOMWAAIANHWNYKOS
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`Case 2:21-cv-00519-RSL Document 23 Filed 12/06/21 Page 2 of 4
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`OPOINNBWNK
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`3.
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`Defendantirrevocably and fully waives notice and service of this Consent to Entry
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`of Judgment and Permanent Injunction, and notice and service of the Final Judgment and
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`Permanent Injunction, once issued by this Court, and understands and agreesthat violation of the
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`Final Judgment and Permanent Injunction will expose the Defendantto all penalties provided by
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`law, including for contempt of Court.
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`4,
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`This Court has jurisdiction over the parties and the subject matter of this action, and
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`venueis proper in this Court. Defendant consents to the jurisdiction of this Court for the purpose
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`of entering the Final Judgment and PermanentInjunction.
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`5.
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`The Court’s Final Judgment and Permanent Injunction shall be incorporated into
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`and madea part of this Consent to Entry of Judgment and Permanent Injunction as if it were set
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`forth verbatim herein. Defendant consents to the continuing jurisdiction of this Court for purposes
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`of enforcementof the Final Judgment and Permanent Injunction, and irrevocably and fully waives
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`and relinquishes any argumentthat venue or jurisdiction by this Court is improperor inconvenient.
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`6.
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`Defendant irrevocably and fully waives any andall right to appeal the Final
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`Judgment and PermanentInjunction, to have it vacated or set aside, or otherwise to attack in any
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`way,directly or collaterally, its validity or enforceability.
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`7.
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`Defendant further consents to be bound by the terms of the Final Judgment and
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`Permanent Injunction worldwide, regardless of the territorial scope of the specific intellectual
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`property rights enumerated in the Complaint of the above-captioned case. Defendant agrees that
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`the Final Judgment and Permanent Injunction may be enforced either in this Court or wherever
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`Defendantor his assets may be found, including and especially in the courts of Canada, and hereby
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`waives any objection to personal jurisdiction or venue in any enforcementaction filed by Plaintiff
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`against Defendant in a court with territorial authority over Defendant’s then-place of residence.
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`Case 2:21-cv-00519-RSL Document 23 Filed 12/06/21 Page 3 of 4
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`Defendant acknowledges and agrees that the Final Judgment and Permanent Injunction was not
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`obtained by fraud, noris it invalid as against public policy or lack of natural justice, and hereby
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`waives any equitable argumentagainst its enforcement.
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`8.
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`Nothing contained in the Final Judgment and PermanentInjunction shall limit the
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`right of the Plaintiff to recover damages for any and all violations of the Digital Millennium
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`Copyright Act (“DMCA”) and/or infringements of the Plaintiffs copyrighted works by the
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`Defendant and/or any other violations of the law, occurring after the date offiling of this Consent
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`to Entry of Judgment and Permanent Injunction.
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`9.
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`The Defendant acknowledges that he has read this Consent to Entry of Judgment
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`and Permanent Injunction, as well as the Final Judgment and Permanent Injunction attached as
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`Exhibit A, has had those documents explained by counsel of this choosing, and fully understands
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`them and agrees to be bound thereby—including and especially their worldwide application and
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`enforceability, including in the courts of Canada—andwill not deny the truth or accuracy of any
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`term or provision herein.
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`10.
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`The Plaintiff shall not be required to post any bondor security, and the Defendant
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`permanently, irrevocably, and fully waives any right to request a bond or any other security.
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`11.
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`The undersigned counsel represent that they have been authorized to execute this
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`Consent to Entry of Judgment and Permanent Injunction on behalf of their respective clients as set
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`forth below.
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`[SIGNATURE BLOCK ON FOLLOWINGPAGE.|
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`OnDAN&BWNHN
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`&PPPBBWWwWHWwWWWWWwWDdNONNNNNNNNNDRtReReeRtReEeReeMBBWNRFOOMITANABWNHDWCWAIANMAPWNKKTOW®AITAANHBPwWNCoO
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`Case 2:21-cv-00519-RSL Document 23 Filed 12/06/21 Page 4 of 4
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`Case 2:21-cv-00519-RSL Document 23 Filed 12/06/21 Page 4 of 4
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`DATEDthis * fefay ofDecember, 2021.
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`GORDON TILDEN THOMAS &
`FEDERAL PUBLIC DEFENDER
`Attorney for Defendant Gary Bowser (on a
`CORDELL LLP
`Attorneys for PlaintiffNintendo ofAmerica Inc__limited basis)
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`By:_/s/ Michael Rosenberger BY:
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`Michael Rosenberger, WSBA #17730
`600 University Street, Suite 2915
`Seattle, WA 98101
`(206) 467-6477
`mrosenberger@gordontilden.com
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`1601 Fifth Avenue, Suite 700
`Seattle, WA 98101
`(206) 553-1100
`Michael_Filipovic@fd.org
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` s¥§a BPji23/9
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`BBBBPDBDBWWWWWWWWWWNNNNNNNWNNDNDNDFeFEFEEFFBRRRReABWNRrTOANANANAHBRPWNHFr
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`JENNER & BLOCK LLP
`Attorneys for PlaintiffNintendo ofAmerica Inc
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`By:_/s/ Alison I. Stein
`Alison I. Stein (Pro Hac Vice)
`Cayman C. Mitchell (Pro Hac Vice)*
`919 Third Avenue, 38th Floor
`New York, NY 10022
`Telephone:
`(212) 891-1600
`Facsimile:
`(212) 891-1699
`astein@jenner.com
`cmitchell@jenner.com
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`Bee Wi Bayan
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`GARY BOWSER
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`*Admitted only in Massachusetts, not admitted in
`New York. Practicing under the supervision ofthe
`Partnership ofJenner & Block LLP
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