`Case 1:16-cv-00116—RGA Document 182 Filed 09/01/17 Page 1 of 2 PageID #: 3288
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`
`Plaintiff,
`
`v.
`
`SOUND VIEW INNOVATIONS, LLC,
`
`
`
`
`Defendant.
`
`
`FACEBOOK, INC,
`
`Civil Action No. l:16-cv~001 l6-RGA
`
`JURY TRIAL DEMANDED
`
`STIPULATION OF PARTIAL SUMMARY JUDGMENT
`OF US. PATENT NO. 5,991,845
`
`Plaintiff Sound View Innovations, LLC (“Sound View”) and defendant Facebook, Inc.
`
`(“Facebook”) (collectively, the “Parties”), by and through their counsel ofrecord, hereby stipulate,
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`subject to the Court’s approval, to partial summary judgment against Sound View’s claim of
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`infringement of US. Patent No. 5,991,845 (“’845 Patent”), based on literal infringement and
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`infringement under the doctrine of equivalents, as set forth in Count One of the Complaint. The
`
`Parties, as grounds therefore, state:
`
`1.
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`On May 19, 2017, the Court issued a claim construction opinion in which it
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`declined to adopt either party’s proposed construction of the diSputed claim term “spinning”
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`recited in the ’845 Patent, and instead construed “spinning” as having its plain meaning. (DI. 100
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`at 6—9-) On August 10, 2017, following an evidentiary hearing, the Court issued an order
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`construing the term “spinning” to mean “continuously running while repeatedly trying to acquire
`
`the lock.” (D.I. 162 at 3-5.)
`
`2.
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`Sound View hereby stipulates, based on the Court’s construction of “spinning,” to
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`non—infringement (both literal and under the doctrine of equivalents) of the ’845 patent, and to
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`partial summary judgment against Sound View on its claim of infringement of the ’845 patent as
`
`
`
`
`
`Case 1:16-cv-00116-RGA Document 182 Filed 09/01/17 Page 2 of 2 PageID #: 3289
`Case 1:16-cv-00116-RGA Document 182 Filed 09/01/17 Page 2 of 2 PageID #: 3289
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`alleged in Count One of the Complaint. Sound View expressly reserves its right to appeal the
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`Court’s construction of “spinning” to the U.S. Court of Appeals for the Federal Circuit.
`
`In the
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`event the Court’s construction of “spinning” is vacated, reversed, or otherwise modified on appeal,
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`such that the matter is remanded for further proceedings, the Parties expressly reserve and may
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`reassert in this litigation all of their respective claims and defenses with respect to the ’845 patent,
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`except to the extent addressed and resolved by the Court of Appeals.
`
`IT IS HEREBY STIPULATED AND AGREED, subject to the approval of the Court, that
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`the Court shall enter partial summary judgement against Sound View on Count One of the
`
`Complaint alleging infringement of the ’845 patent, based on the representations of the Parties
`
`above. Each Party shall bear its own costs and attorneys” fees in connection with that cause of
`
`action.
`
`PHILLIPS, GOLDMAN, MCLAUGHLIN & MORRIS, NICHOLS, ARSHT & TUNNELL,
`HALL, P.A.
`LLP
`
`/5/ John C. Phillips, Jr.
`John C. Phillips, Jr. (#110)
`Megan C. Haney (#5016)
`1200 North Broom Street
`Wilmington, DE 19806
`(302) 6554200
`jcp@pgmhlaw.com
`mch@pgrnhlaw.com
`
`Attorneysfor Plaintiff
`
`/.5'/ Jenni er Yin
`Jack B. Blumenfeld (#1014)
`Karen A. Jacobs (#2881)
`Jennifer Ying (#5550)
`1201 North Market Street
`PO. Box 1347
`Wilmington, DE 19899
`(302) 658—9200
`jblumenfeld@mnat.corn
`kj acobs@mnat.com
`|y1ng@mnat.com
`
`Attorneysfor Defendant
`
`Dated: September 1, 2017
`
`SO ORDERED this
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`day of
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`, 2017.
`
`
`
`The Honorable Richard G. Andrews
`
`United States District Judge
`
`
`
`
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