`Case 8:19-cv-01150-DOC-KES Document 67-9 Filed 11/23/20 Page 1 of 2 Page ID #:1242
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`EXHIBIT G
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`EXHIBIT G
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`CM/ECF - USDC Massachusetts - Version 6.2.2 as of 2/9/2019-Person Address
`10/12/2020
`Case 8:19-cv-01150-DOC-KES Document 67-9 Filed 11/23/20 Page 2 of 2 Page ID #:1243
`Full docket text for document 44:
`Judge Richard G. Stearns: ELECTRONIC ORDER entered finding as moot [27] Motion for Judgment on the
`Pleadings. The parties desire a dismissal of this case, but disagree whether the dismissal is to be with or without
`prejudice. For the following reason, this case will be DISMISSED WITH PREJUDICE.
`Akamai moves for judgment on the pleadings, having discovered in September of 2019 that the two asserted
`patents had been assigned by IBM to Uniloc, and that under the assignment agreement, IBM had reserved licenses
`to the assigned patents, as well as "the right to grant sublicenses... to:... any IBM Strategic Partners." Dkt # 22-1 at
`§ 2.1. Uniloc concedes that Akamai qualifies as a "Strategic Partner" under the agreement. However, Uniloc
`maintains that it nonetheless has viable infringement claims against Akamai (even though it agrees that it makes no
`business sense to pursue them and seeks a dismissal without prejudice as a result) because, while IBM could
`sublicense Akamai, Akamai does not assert that it is a licensee.
`While Uniloc's reading of the assignment agreement is technically accurate, it is, as a practical matter, barred from
`asserting infringement claims against Akamai. The agreement designated entities like Akamai as third-party
`beneficiaries, id. § 2.5, and thus Uniloc is obligated to "indemnify [Akamai] from all losses, costs and expenses
`arising" from the "knowing" assertion or maintenance of a suit, id. at § 4.3.
`Akamai refuses to stipulate to a dismissal. Unless Uniloc wishes to engage in a Sisyphean labor of suing Akamai
`and paying for the defense, Uniloc has no choice but to notice a dismissal under Fed. R. Civ. P. 41. Because a
`previous incarnation of the Uniloc corporate soul has already noticed the dismissal of identical claims against
`Akamai in 2017, this second dismissal perforce "operates as an adjudication on the merits," Fed. R. Civ. P. 41(a)(1)
`(B), that is, with prejudice. (Tang, Danni)
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`https://ecf.mad.uscourts.gov/cgi-bin/HistDocQry.pl?588689902318035-L_ShowDktTxt_1-0-210796-44-134-
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