`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`SOUND VIEW INNOVATIONS, LLC,
`
`Plaintiff,
`
`v.
`
`Civil Action No. 1:16-cv-00116-RGA
`
`FACEBOOK, INC.,
`
`JURY TRIAL DEMANDED
`
`Defendant.
`
`STIPULATION OF PARTIAL SUMMARY JUDGMENT
`OF U.S. 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 of record, hereby stipulate,
`
`subject to the Court's approval, to partial summary judgment against Sound View's claim of
`
`infringement of U.S. Patent No. 5,991,845 ("'845 Patent"), based on literal infringement and
`
`infringement under the doctrine of equivalents, as set forth in Count One of the Complaint. The
`
`Parties, as grounds therefore, state:
`
`1.
`
`On May 19, 2017, the Court issued a claim construction opinion in which it
`
`declined to adopt either party's proposed construction of the disputed claim term "spinning"
`
`recited in the '845 Patent, and instead construed "spinning" as having its plain meaning. (D.I. 100
`
`at 6-9.) On August IO, 2017, following an evidentiary hearing, the Court issued an order
`
`construing the term "spinning" to mean "continuously running while repeatedly trying to acquire
`
`the lock." (D.I. 162 at 3-5.)
`
`2.
`
`Sound View hereby stipulates, based on the Court's construction of"spinning," to
`
`non-infringement (both literal and under the doctrine of equivalents) of the '845 patent, and to
`
`partial summary judgment against Sound View on its claim of infringement of the '845 patent as
`
`I
`
`
`
`Case 1:16-cv-00116-RGA Document 184 Filed 09/05/17 Page 2 of 2 PageID #: 3294
`
`alleged in Count One of the Complaint. Sound View expressly reserves its right to appeal the
`
`Court's construction of "spinning" to the U.S. Court of Appeals for the Federal Circuit. In the
`
`event the Court's construction of"spinning" is vacated, reversed, or otherwise modified on appeal,
`
`such that the matter is remanded for further proceedings, the Parties expressly reserve and may
`
`reassert in this litigation all of their respective claims and defenses with respect to the '845 patent,
`
`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
`
`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 sha11 bear its own costs and attorneys' fees in connection with that cause of
`
`action.
`
`PHILLIPS, GOLDMAN, MCLAUGHLIN &
`HALL, P.A.
`
`MORRIS, NICHOLS, ARSHT & TUNNELL,
`LLP
`
`Isl John C. Phillips, Jr.
`John C. Phillips, Jr. (#110)
`Megan C. Haney (#5016)
`1200 North Broom Street
`Wilmington, DE 19806
`(302) 655-4200
`jcp@pgmblaw.com
`mch@pgmhlaw.com
`
`Attorneys for Plaintiff
`
`Isl Jennifer Ying
`Jack B. Blumenfeld (#1014)
`Karen A. Jacobs (#2881)
`Jennifer Ying (#5550)
`1201 North Market Street
`P.O. Box 1347
`Wilmington, DE 19899
`(302) 658-9200
`jblumenfeld@mnat.com
`kjacobs@mnat.com
`jying@mnat.com
`
`Attorneys for Defendant
`
`Dated: September 1, 2017
`
`SO ORDERED this _2_ day of¥--· 2017.
`
`ichard G. Andrews
`The Honorable
`United States District Judge
`
`2
`
`I
`
`I i I
`
`' ~·
`
`f
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
