`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`MOBILEMEDIA IDEAS LLC,
`
`Plaintiff,
`
`v.
`
`APPLE INC.,
`
`Defendant.
`
`
`
`Civil Action No. 10-258-SLR
`
`
`
`
`
`
`
`DEFENDANT APPLE INC.’S MOTION FOR SUMMARY JUDGMENT OF
`INVALIDITY OF U.S. PATENT NOS. 5,490,170; 5,737,394; 6,070,068; 6,253,075;
`6,427,078; 6,441,828; 6,549,942; AND 6,725,155
`
`Defendant Apple Inc. (“Apple”) respectfully moves this Court under Rule 56 of the
`
`Federal Rules of Civil Procedure for summary judgment of invalidity of the following claims
`
`asserted by Plaintiff MobileMedia Ideas LLC:
`
`Claim 49 of the ’170 Patent is invalid under 35 U.S.C. §§ 102 and 103;
`
`Claim 18 of the ’394 Patent is invalid under 35 U.S.C. §§ 102 and 103;
`
`Claims 1, 7, 8, 23, and 24 of the ’068 Patent are invalid under 35 U.S.C. §§ 102
`
`1.
`
`2.
`
`3.
`
`and 103;
`
`4.
`
`Claims 5, 6, and 10 of the ’075 Patent are invalid under 35 U.S.C. §§ 102 and
`
`103;
`
`103;
`
`and
`
`5.
`
`Claims 1-3, 8, and 73 of the ’078 Patent are invalid under 35 U.S.C. §§ 102 and
`
`6.
`
`7.
`
`Claims 17 and 18 of the ’828 Patent are invalid under 35 U.S.C. §§ 102 and 103;
`
`Claims 1, 6, and 8 of the ’942 Patent are invalid under 35 U.S.C. §§ 102 and 103;
`
`
`
`Case 1:10-cv-00258-SLR-MPT Document 305 Filed 05/14/12 Page 2 of 4 PageID #: 4564
`
`8.
`
`Claims 1, 2, 4, and 5 of the ’155 Patent are invalid under 35 U.S.C. §§ 102 and
`
`103.
`
`The grounds for this motion are set forth in the Opening Brief in Support which is being
`
`filed contemporaneously herewith.
`
`Dated: May 14, 2012
`
`
`
`
`
`
`
`
`
`
`
` /s/ Mary B. Matterer
`Richard K. Herrmann (#405)
`Mary B. Matterer (#2696)
`Kenneth L. Dorsney (#3726)
`MORRIS JAMES LLP
`500 Delaware Avenue, Suite 1500
`Wilmington, Delaware 19801-1494
`(302) 888-6800
`rherrmann@morrisjames.com
`mmatterer@morrisjames.com
`kdorsney@morrisjames.com
`
`O’MELVENY & MYERS LLP
`George A. Riley
`Luann L. Simmons
`David S. Almeling
`Two Embarcadero Center, 28th Floor
`San Francisco, CA 94111-3823
`(415) 984-8700
`griley@omm.com
`lsimmons@omm.com
`dalmeling@omm.com
`
`Attorneys for Defendant Apple Inc.
`
`2
`
`
`
`Case 1:10-cv-00258-SLR-MPT Document 305 Filed 05/14/12 Page 3 of 4 PageID #: 4565
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`MOBILEMEDIA IDEAS LLC,
`
`Plaintiff,
`
`v.
`
`APPLE INC.,
`
`Defendant.
`
`
`
`
`
`Civil Action No. 10-258-SLR
`
`
`
`
`
`[PROPOSED] ORDER
`
`Having considered Defendant Apple Inc.’s Motion under Rule 56 of the Federal Rules of
`
`Civil Procedure for summary judgment of invalidity of U.S. Patent Nos. 5,490,170; 5,737,394;
`
`6,070,068; 6,253,075; 6,427,078; 6,441,828; 6,549,942; and 6,725,155 under 35 U.S.C. §§ 102
`
`and 103, and all related briefing and argument,
`
`IT IS HEREBY ORDERED this ____ day of _______________, 2012 that the Motion
`
`is GRANTED, and the following claims asserted in this action are dismissed with prejudice as
`
`invalid:
`
`1.
`
`2.
`
`3.
`
`and 103;
`
`Claim 49 of the ’170 Patent is invalid under 35 U.S.C. §§ 102 and 103;
`
`Claim 18 of the ’394 Patent is invalid under 35 U.S.C. §§ 102 and 103;
`
`Claims 1, 7, 8, 23, and 24 of the ’068 Patent are invalid under 35 U.S.C. §§ 102
`
`4.
`
`Claims 5, 6, and 10 of the ’075 Patent are invalid under 35 U.S.C. §§ 102 and
`
`5.
`
`Claims 1-3, 8, and 73 of the ’078 Patent are invalid under 35 U.S.C. §§ 102 and
`
`103;
`
`103;
`
`
`
`Case 1:10-cv-00258-SLR-MPT Document 305 Filed 05/14/12 Page 4 of 4 PageID #: 4566
`
`6.
`
`7.
`
`Claims 17 and 18 of the ’828 Patent are invalid under 35 U.S.C. §§ 102 and 103;
`
`Claims 1, 6, and 8 of the ’942 Patent are invalid under 35 U.S.C. §§ 102 and 103;
`
`and
`
`103.
`
`8.
`
`Claims 1, 2, 4, and 5 of the ’155 Patent are invalid under 35 U.S.C. §§ 102 and
`
`
`
`_______________________________________
`UNITED STATES DISTRICT COURT JUDGE
`
`
`
`2
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