Case 3:13-cv-00352-DMS-WVG Document 31 Filed 05/11/22 PageID.236 Page 1 of 3
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`UNITED STATES DISTRICT COURT
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`SOUTHERN DISTRICT OF CALIFORNIA
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`Lead Case No. 11-cv-1810 DMS (WVG)
`Related Case No. 13-cv-0352 DMS (WVG)
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`JUDGMENT
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`Hon. Dana M. Sabraw
`Judge:
`CTRM: 13A
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`AMERANTH, INC.
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` Plaintiff,
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`TICKETBISCUIT, LLC
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` Defendant.
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`WHEREAS the Patent Trial and Appeal Board and/or the Federal Circuit Court
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`of Appeals has held all claims of U.S. Patent No. 6,384,850 (“the’850 Patent”), all
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`claims other than claim 14 of U.S. Patent No. 6,871,325 (“the ’325 Patent”), and all
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`claims of U.S. Patent No. 6,982,733 (“the ’733 Patent") patent ineligible and/or
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`invalid, and all appeals of those decisions have been exhausted;
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`WHEREAS, on October 11, 2018, the Court issued a Judgment in related Case
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`No. 12-cv-0733 in favor of Domino’s Pizza (Doc. No. 66) declaring claims 1, 4-9, 11,
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`and 13-18 of U.S. Patent No. 8,146,077 (“the ’077 Patent”) ineligible under 35 U.S.C.
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`§101 (hereinafter, “Section 101”);
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`Related Case No. 13-cv-0352 DMS (WVG)
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`Case 3:13-cv-00352-DMS-WVG Document 31 Filed 05/11/22 PageID.237 Page 2 of 3
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`WHEREAS, on November 1, 2019, the Federal Circuit, Case No. 2019-
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`1141/2019-114, issued a Decision affirming in part and vacating in part the District
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`Court’s Order granting summary judgment, and remanded the matter to the District
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`Court to vacate the October 11, 2018 Judgment with respect to claims 4 and 5 of the
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`’077 Patent;
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`WHEREAS, on November 18, 2021, the Court issued an Order in related Case
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`No. 12-cv-0733 granting Ameranth’s Motion for Issuance of a Final and Appealable
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`Judgment (Doc. No. 184), amending the Court’s October 11, 2018 Judgment in
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`conformance with the Federal Circuit’s Decision, and eliminating claims 4 and 5 of the
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`’077 Patent from the scope of the Judgment;
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`WHEREAS, on December 2, 2021, the Court issued an Order Following Status
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`Conference (Doc. No. 1504) that required Ameranth “to show cause why it should be
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`allowed to reassert any claims that were not selected in response to the Court’s
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`February 14, 2017 Order” (Doc. No. 623);
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`WHEREAS, in response to the Order Following Status Conference, Ameranth
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`filed its “Response to Order To Show Cause Regarding Assertion of Unselected
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`Claims” (Doc. No. 1508), and defendants thereafter filed a consolidated response
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`(Doc. No. 1511);
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`WHEREAS, on December 27, 2021, the Court issued an Order (Doc. No. 1512)
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`entitled Order on Ameranth’s Request to Reopen Litigation On Additional Patent
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`Claims, And Setting Briefing Schedule On Patent Claims 4 and 5;
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`WHEREAS, on March 14, 2022, the Court issued an Order (Doc. No. 1551)
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`granting summary judgment of ineligibility under Section 101 of claims 4 and 5 of the
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`’077 Patent;
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`Now, therefore, pursuant to Rules 56 and 58 of the Federal Rules of Civil
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`Procedure, IT IS HEREBY ORDERED AND ADJUDGED as follows:
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`Claims 1, 4-9, 11, and 13-18 of the ’077 Patent having been found ineligible,
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`judgment is entered in favor of defendant Ticketbiscuit, LLC (“Defendant”), and
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`[PROPOSED] JUDGMENT
`Related Case No. 13-cv-0352 DMS (WVG)
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`Case 3:13-cv-00352-DMS-WVG Document 31 Filed 05/11/22 PageID.238 Page 3 of 3
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`against plaintiff Ameranth, Inc. (“Ameranth”), on Ameranth’s claims for infringement
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`of the patent-ineligible claims of the ’077 Patent asserted against Defendant (“the
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`Ineligible Asserted Claims”).
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`Judgment is entered in favor of Defendant, and against Ameranth, on
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`Defendant’s counterclaims for patent ineligibility of the Ineligible Asserted Claims of
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`the '077 Patent, and on all claims of the ‘850, ‘325, and ‘733 Patents, other than claim
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`14 of the ‘325 Patent. Defendant's other counterclaims are dismissed without
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`prejudice.
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`No application for costs or motion seeking to declare this case exceptional
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`pursuant to 35 U.S.C. §285 shall be filed in this matter until 90 days after the Federal
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`Circuit enters an order dismissing or renders a decision in Ameranth’s appeal of this
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`Court’s Order in Ameranth, Inc. v. Domino’s Pizza, LLC, Case No. 3:12-cv-0733-
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`DMS-WVG granting Domino’s Pizza, LLC’s Motion to Declare the Case Exceptional
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`(Doc. No. 134), currently pending before the Federal Circuit as Case No. 22-1200.
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`Dated: May 11, 2022
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`[PROPOSED] JUDGMENT
`Related Case No. 13-cv-0352 DMS (WVG)
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