Case 1:10-cv-00258-SLR Document 546 Filed 10/03/13 Page 1 of 5 PageID #: 12177
`Case 1:10-cv-00258-SLR Document 546 Filed 10/03/13 Page 1 of 5 PageID #: 12177
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`MOBILEMEDIA IDEAS LLC,
`
`v.
`
`APPLE INC.,
`
`Plaintiff,
`
`Defendant.
`
`)
`
`)
`
`) CA. No. 10-258 (SLR)(MPT)
`
`i
`;
`
`IPROPOSEDI RULE 54gb) FINAL JUDGMENT
`
`WHEREAS, on October 14, 2010, the Court bifurcated the issues of willfulness and
`
`damages from the issues of patent infringement and validity for purposes of discovery and trial
`
`(D.I. 17);
`
`WHEREAS, on April 4, 2012, Plaintiff MobileMedia Ideas LLC (“MobileMedia”) and
`
`Defendant Apple Inc. (“Apple”) (collectively, the “Parties”) stipulated to the dismissal with
`
`prejudice of all claims and counterclaims related to US. Patent Nos. 6,002,390 and 7,313,647
`
`(MobileMedia’s Fifth and Twelfth Causes of Action and Apple’s Fifth and Twelfth
`
`Counterclaims for Relief) (D.I. 263) and, pursuant to the stipulation, the Court ordered all such
`
`claims and counterclaims dismissed with prejudice on April 5, 2012;
`
`WHEREAS, on April 25, 2012, pursuant to the Parties’ agreements and the Court’s
`
`Orders at the April 17, 2012 status conference, all claims and counterclaims related to US.
`
`Patent Nos. 5,915,239, 6,446,080, 6,760,477, and 7,349,012 (MobileMedia’s Ninth, Eleventh,
`
`Thirteenth, and Fourteenth Causes of Action and Apple’s Ninth, Eleventh, Thirteenth, and
`
`Fourteenth Counterclaims for Relief) were bifurcated;
`
`
`Case 1:10-cv-00258-SLR Document 546 Filed 10/03/13 Page 1 of 5 PageID #: 12177
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`MOBILEMEDIA IDEAS LLC,
`
`v.
`
`APPLE INC.,
`
`Plaintiff,
`
`Defendant.
`
`)
`
`)
`
`) CA. No. 10-258 (SLR)(MPT)
`
`i
`;
`
`IPROPOSEDI RULE 54gb) FINAL JUDGMENT
`
`WHEREAS, on October 14, 2010, the Court bifurcated the issues of willfulness and
`
`damages from the issues of patent infringement and validity for purposes of discovery and trial
`
`(D.I. 17);
`
`WHEREAS, on April 4, 2012, Plaintiff MobileMedia Ideas LLC (“MobileMedia”) and
`
`Defendant Apple Inc. (“Apple”) (collectively, the “Parties”) stipulated to the dismissal with
`
`prejudice of all claims and counterclaims related to US. Patent Nos. 6,002,390 and 7,313,647
`
`(MobileMedia’s Fifth and Twelfth Causes of Action and Apple’s Fifth and Twelfth
`
`Counterclaims for Relief) (D.I. 263) and, pursuant to the stipulation, the Court ordered all such
`
`claims and counterclaims dismissed with prejudice on April 5, 2012;
`
`WHEREAS, on April 25, 2012, pursuant to the Parties’ agreements and the Court’s
`
`Orders at the April 17, 2012 status conference, all claims and counterclaims related to US.
`
`Patent Nos. 5,915,239, 6,446,080, 6,760,477, and 7,349,012 (MobileMedia’s Ninth, Eleventh,
`
`Thirteenth, and Fourteenth Causes of Action and Apple’s Ninth, Eleventh, Thirteenth, and
`
`Fourteenth Counterclaims for Relief) were bifurcated;
`
`
`
`Case 1:10-cv-00258-SLR Document 546 Filed 10/03/13 Page 2 of 5 PageID #: 12178
`Case 1:10-cv-00258-SLR Document 546 Filed 10/03/13 Page 2 of 5 PagelD #: 12178
`
`WHEREAS, on August 16, 2012, the Court denied Apple’s motion to dismiss based on
`
`lack of standing (D.I. 226) (D.I. 441 & 442);
`
`WHEREAS, on November 8, 2012, the Court issued a summary judgment and claim
`
`construction Order relating to US. Patent Nos. 6,253,075, 6,427,078, RE 39,231, 5,737,394,
`
`6,070,068, 6,393,430, 6,441,828, 6,549,942, 6,725,155, and 5,490,170 (MobileMedia’s First,
`
`Second, Third, Fourth, Sixth, Seventh, Eighth, Tenth, Fifteenth, and Sixteenth Causes of Action
`
`and Apple’s First, Second, Third, Fourth, Sixth, Seventh, Eighth, Tenth, Fifteenth, and Sixteenth
`
`Counterclaims for Relief), granting MobileMedia’s motion for summary judgment on certain of
`
`Apple’s affirmative defenses (D.I. 300), granting in part and denying in part Apple’s motion for
`
`summary judgment of invalidity (D.I. 305), granting in part and denying in part Apple’s motion
`
`for summary judgment of non-infringement (D.I. 328), and granting in part and denying in part
`
`MobileMedia’s motion for summary judgment of no invalidity (D.I. 329) (D.I. 461 & 462);
`
`WHEREAS, on November 15, 2012, the Court excluded from trial claim 1, as amended
`
`during reexamination, as well as claims 2 and 3, of US. Patent No. 6,427,078 (D.I. 470);
`
`WHEREAS, at the November 21, 2012 status conference (D.I. 497), the Court ordered all
`
`claims and counterclaims
`
`related to US. Patent Nos. 5,737,394, 6,393,430, 6,441,828,
`
`6,549,942, 6,725,155, and 5,490,170 (MobileMedia’s Fourth, Seventh, Eighth, Tenth, Fifteenth,
`
`and Sixteenth Causes of Action and Apple’s Fourth, Seventh, Eighth, Tenth, Fifteenth, and
`
`Sixteenth Counterclaims for Relief) bifurcated;
`
`WHEREAS, on December 3, 2012, the Court precluded MobileMedia from offering at
`
`trial MobileMedia’s expert Dr. Sigurd Meldal’s testimony regarding the “Release Complete”
`
`message constituting the “rejection message” claimed in US Patent No. 6,253,075 (D.I. 498);
`
`
`
`Case 1:10-cv-00258-SLR Document 546 Filed 10/03/13 Page 3 of 5 PageID #: 12179
`Case 1:10-cv-00258-SLR Document 546 Filed 10/03/13 Page 3 of 5 PagelD #: 12179
`
`WHEREAS, on December 17, 2012, after ajury trial conducted between December 3 and
`
`December 13, 2012, the Court entered a Judgment Following A Jury Verdict (D1. 507) in favor
`
`of MobileMedia and against Apple as to direct infringement and validity of claims 23 and 24 of
`
`US. Patent No. 6,070,068, claims 5, 6, and 10 of US. Patent No. 6,253,075, and claim 73 of
`
`US. Patent No. 6,427,078; and in favor of Apple and against MobileMedia as to induced
`
`infringement of claims 23 and 24 of US. Patent No. 6,070,068, and claims 5 and 6 of US. Patent
`
`No. 6,253,075 (D1. 513);
`
`WHEREAS, on September 5, 2013,
`
`the Court denied MobileMedia’s motion for
`
`reargument regarding US. Patent No. RE 39,231 (D1. 469) (D.I. 539 & 540);
`
`WHEREAS, on September 5, 2013, the Court entered an Order granting in part and
`
`denying in part Apple’s renewed motion for judgment as a matter of law and denying Apple’s
`
`motion, in the alternative, for a new trial (D1. 517), and denying as moot MobileMedia’s motion
`
`for judgment as a matter of law (D1. 503) and Apple’s motion for judgment as a matter of law
`
`(D1. 504) (D1. 541 & 542);
`
`THEREFORE, pursuant to Rule 54(b) of the Federal Rules of Civil Procedure, this Court
`
`now makes (a) “an express determination that there is no just reason for delay,” and (b) “an
`
`express direction for the entry ofjudgment” as further recited in D.I. 441, 442, 461, 462, 470,
`
`498, 507, 513, 539, 540, 541 & 542. The Court is entering this Rule 54(b) judgment for the
`
`purpose of rendering a final judgment appealable to the Federal Circuit, see Robert Bosch, LLC
`
`v. Pylon Mfg. Corp, 719 F.3d 1305 (Fed. Cir. 2013); Nystrom v. Trex Co., Inc, 339 F.3d 1347,
`
`1351 (Fed. Cir. 2003), which the Court believes will promote efficient judicial administration
`
`and will not result in any unfair prejudice to the parties. This Rule 54(b) judgment does not
`
`
`
`Case 1:10-cv-00258-SLR Document 546 Filed 10/03/13 Page 4 of 5 PageID #: 12180
`Case 1:10-cv-00258-SLR Document 546 Filed 10/03/13 Page 4 of 5 PagelD #: 12180
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`include issues of willfulness, damages, or any causes of action relating to patents other than
`
`those expressly identified below; and
`
`ACCORDINGLY, IT IS ORDERED AND ADJUDGED that judgment is hereby entered
`
`as follows:
`
`US. Patent No. 6 070 068
`
`1.
`
`2.
`
`3.
`
`4.
`
`5.
`
`Apple does not directly infringe or induce infringement of claims 1, 7, or 8
`of US. Patent No. 6,070,068;
`
`Apple directly infringes claim 23 of US. Patent No. 6,070,068;
`
`Claim 23 of US. Patent No. 6,070,068 is not invalid;
`
`Apple directly infringes claim 24 of US. Patent No. 6,070,068;
`
`Apple does not induce infringement of claims 23 or 24 of US. Patent No.
`6,070,068;
`
`6.
`
`Claim 24 of US. Patent No. 6,070,068 is invalid;
`
`US. Patent No. 6 427 078
`
`7.
`
`8.
`
`Apple directly infringes claim 73 ofU.S. Patent No. 6,427,078;
`
`Claim 73 of US. Patent No. 6,427,078 is not invalid;
`
`US. Patent No. RE 39 231
`
`9.
`
`Apple does not directly infringe or induce infringement of claims 2, 3, 4 or
`12 ofU.S. Patent No. RE 39,231;
`
`US. Patent No. 5 737 394
`
`10.
`
`Apple does not directly infringe or induce infringement of claim 18 of
`U.S. Patent No. 5,737,394;
`
`US. Patent No. 6 441 828
`
`11.
`
`Claims 17 and 18 ofU.S. Patent No. 6,441,828 are invalid;
`
`
`
`Case 1:10-cv-00258-SLR Document 546 Filed 10/03/13 Page 5 of 5 PageID #: 12181
`Case 1:10-cv-00258-SLR Document 546 Filed 10/03/13 Page 5 of 5 PageID #: 12181
`
`US. Patent No. 6 549 942
`
`12.
`
`Claims 1, 6, and 8 ofU.S. Patent No. 6,549,942 are invalid;
`
`US. Patent No. 6 253 075
`
`13.
`
`Apple does not directly infringe or induce infringement of claims 5, 6 or
`10 ofU.S. Patent No. 6,253,075; and
`
`14.
`
`Claims 5, 6, and 10 ofU.S. Patent No. 6,253,075 are invalid.
`
`IT IS so ORDERED this Jul day of
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`()9ij , Mb.
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