Filed: Apr. 10, 2018
Latest Update: Apr. 10, 2018
Summary: PROPOSED FORM OF JUDGMENT PURSUANT TO ORDER RE: OMNIBUS MOTION TO DISMISS & GARMIN'S MOTION FOR JUDGMENT ON THE PLEADINGS YVONNE GONZALEZ ROGERS , District Judge . Pursuant to the Court's Order on April 3, 2018 (Dkt. No. 65) directing Defendants to file a proposed form of judgment based on the Court's Order finding the asserted claims of U.S. Patent Nos. 8,738,794 ("the '794 patent"); 8,892,752 ("the '752 patent"); 9,749,847 ("the 847 patent") and 9,258,698 (the "`698 Patent") (collectiv
Summary: PROPOSED FORM OF JUDGMENT PURSUANT TO ORDER RE: OMNIBUS MOTION TO DISMISS & GARMIN'S MOTION FOR JUDGMENT ON THE PLEADINGS YVONNE GONZALEZ ROGERS , District Judge . Pursuant to the Court's Order on April 3, 2018 (Dkt. No. 65) directing Defendants to file a proposed form of judgment based on the Court's Order finding the asserted claims of U.S. Patent Nos. 8,738,794 ("the '794 patent"); 8,892,752 ("the '752 patent"); 9,749,847 ("the 847 patent") and 9,258,698 (the "`698 Patent") (collective..
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PROPOSED FORM OF JUDGMENT PURSUANT TO ORDER RE: OMNIBUS MOTION TO DISMISS & GARMIN'S MOTION FOR JUDGMENT ON THE PLEADINGS
YVONNE GONZALEZ ROGERS, District Judge.
Pursuant to the Court's Order on April 3, 2018 (Dkt. No. 65) directing Defendants to file a proposed form of judgment based on the Court's Order finding the asserted claims of U.S. Patent Nos. 8,738,794 ("the '794 patent"); 8,892,752 ("the '752 patent"); 9,749,847 ("the 847 patent") and 9,258,698 (the "`698 Patent") (collectively, "the Asserted Patents") invalid under 35 U.S.C. § 101, Defendants Garmin International, Inc. and Garmin USA, Inc. ("Garmin") respectfully submit the following proposed judgment, attached as Exhibit A, the form of which has been mostly approved by Plaintiff Cellspin Soft, Inc. It should be noted that Plaintiff Cellspin Soft, Inc. objected to a single sentence of the content of Garmin's proposed order: "rendering Garmin the prevailing party in the above-captioned action". Cellspin stated that it "does not dispute that Garmin will be the prevailing party" but says that the language is extraneous. Garmin disagrees and believes the statement is simply accurate. Other than that single sentence, the Parties agree on the form and content of the attached proposed order.
EXHIBIT A
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA, OAKLAND DIVISION
CELLSPIN SOFT, INC.,
Plaintiff, CASE NO. 4:17-cv-05934-YGR
v. PROPOSED FORM OF JUDGMENT
PURSUANT TO ORDER RE: OMNIBUS
MOTION TO DISMISS & GARMIN'S
GARMIN INTERNATIONAL, INC., MOTION FOR JUDGMENT ON THE
GARMIN USA, INC. PLEADINGS
Hon. Yvonne Gonzalez Rogers
Defendants.
This action having come before the Court, and pursuant to the Court's Order (Dkt. No. 65) granting Garmin International, Inc. and Garmin, USA, Inc's ("Garmin's") Motion to Dismiss and Motion For Judgment On the Pleadings (Dkt. Nos. 27, 52) finding all asserted claims of U.S. Patent Nos. 8,738,794 (the "`794 Patent"), 8,892,752 (the "`752 Patent"), 9,749,847 (the "`847 Patent") and 9,258,698 (the "`698 Patent") directed to patent-ineligible subject matter and therefore invalid pursuant to 35 U.S.C. § 101—IT IS HEREBY ADJUDGED AND ORDERED that:
For the reasons set forth in the Court's Order on April 3, 2018 (Dkt. No. 65), claims 1-4, 7, 9, 16-18, and 20-21 from the '794 Patent, claims 1, 2, 4, 5, and 12-14 from the '752 Patent, claims 1-3 from the '847 Patent, and claims 1, 3-5, 7-8, 10-13, 15-20 from the '698 Patent are invalid pursuant to 35 U.S.C. § 101.
The foregoing claims of the '794, '752, '847 and '698 Patents represent all pending claims at issue in this case.
WHEREFORE JUDGMENT is entered in this case in favor of Defendant Garmin and against Plaintiff Cellspin Soft, Inc., rendering Garmin the prevailing party in the above-captioned action.
