throbber
Case: 1:12-cv—O845l?..l “Document #: 94 Filed: 01/30/15 Page/if
`
`3f 2 Page|D #:l478
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`
`FOR THE NORTHERN DISTRICT OF ILLINOIS
`
`OCEAN TOMO, LLC,
`
`Plaintiff-Counter Defendant,
`
`V
`
`No. 12 C 8450
`
`JONATHAN BARNEY and
`PATENTRATINGS, LLC,
`
`Defendants-Counter Plaintiffs.
`
`Judge: Joan B. Gottschall
`Magistrate: Judge Mary M. Rowland
`
`PLAINTIFF-COUNTER DEFENDANT’S MOTION FOR
`
`SUMMARY JUDGMENT OF INVALIDITY UNDER 35 U.S.C. § 101
`
`Plaintiff-Counter Defendant Ocean Tomo, LLC (“OT”), by its attorneys and pursuant to
`
`Rule 56 of the Federal Rules of Civil Procedure, hereby moves this Court for summary judgment
`
`as
`
`to the invalidity of Defendant-Counter Plaintiff PatentRatings’
`
`(“PR”) U.S. Patent
`
`Nos. 6,556,992 (the “’992 Patent”), 7,962,511 (the “’511 Patent”), 7,716,226 (the “’226 Patent”),
`
`8,504,560 (the ‘"560 Patent”), 7,949,581 (the ‘"581 Patent”), 7,657,476 (the “’476 Patent”),
`
`8,131,701 (the “’701 Patent”) and 8,818,996 (the “’996 Patent”) (collectively, the “patents-in-
`
`suit”) under 35 U.S.C. § 101, as they do not claim patentable subject matter.
`
`In support of this Motion for Summary Judgment, OT relies upon and incorporates by
`
`reference its Memorandum of Law in Support of Motion for Summary Judgment, OT’s Local
`
`Rule 56.1 Statement of Undisputed Material Facts, and the Appendix thereto.
`
`CHICAGO/#2666340. 1
`
`Ocean Tomo Ex. 1007-001
`
`Ocean Tomo Ex. 1007-001
`
`

`
`Case: 1:12—cv-08453:‘Mincument #: 94 Filed: 01/30/15 Page?“ Ur 2 Page|D #:1479
`
`Respectfiilly submitted,
`
`OCEAN TOMO, LLC
`
`By:
`
`/s/ Jeremy R. Heuer
`One of Its Attorneys
`
`Thomas P. Cimino
`
`Robert S. Rigg
`Jeremy R. Heuer
`Vedder Price P.C.
`222 North LaSalle Street
`
`Chicago, Illinois 60601
`T: +1 (312) 609 7500
`
`Dated: January 30, 2015
`
`CHICAGO/#2666340]
`
`Ocean Tomo Ex. 1007-002
`
`Ocean Tomo Ex. 1007-002
`
`

`
`Case: 1:12—cv-0845liWibcument #: 98 Filed: 01/30/15 Page? I Raf 2 PagelD #:1845
`
`IN THE UNITED STATES DISTRICT COURT
`
`FOR THE NORTHERN DISTRICT OF ILLINOIS
`
`IOCEAN TOMO, LLC,
`
`Plaintiff-Counter Defendant,
`
`V
`
`No. 12 C 8450
`
`JONATHAN BARNEY and
`PATENTRATINGS, LLC,
`
`Defendant-Counter Plaintiffs.
`
`Judge: Joan B. Gottschall
`Magistrate: Judge Mary M. Rowland
`
`NOTICE OF MOTION
`
`PLEASE TAKE NOTICE, that on February 11, 2015, at 9:30 a.m., or at such time
`
`thereafter as counsel may be heard, we shall appear before the Honorable Joan B. Gottschall,
`
`or any judge sitting in her stead, in Courtroom 2325, 219 South Dearbom Street, Chicago, IL
`
`60604, and then and there present PLAINTIFF-COUNTER DEFENDANT’S MOTION FOR
`
`SUMMARY JUDGMENT OF INVALIDITY UNDER 35 U.S.C. § 101.
`
`Respectfully submitted,
`
`OCEAN TOMO, LLC
`
`By:
`
`,
`/s/ Jeremy R. Heuer
`One of Its Attorneys
`
`Thomas P. Cimino, Jr.
`
`Jeremy R. Heuer
`Vedder Price P.C.
`222 North LaSalle Street
`
`Suite 2600
`
`Chicago, Illinois 60601-1003
`T: +1 (312) 609-7500
`
`Dated: January 30, 2015
`
`Ocean Tomo Ex. 1007-003
`
`Ocean Tomo Ex. 1007-003
`
`

`
`Case: 1:12-cv-084% document #: 98 Filed: 01/30/15 Page’: . at 2 PagelD #:1846
`
`CERTIFICATE OF SERVICE
`
`1, Jeremy R. Heuer, an attorney, hereby certify that on January 30, 2015, I caused to be
`
`electronically filed the foregoing NOTICE or MOTION and PLAINTIFF-COUNTER DEFENDANT’S
`
`MOTION FOR SUMMARY JUDGMENT or INVALIDITY UNDER 35 U.S.C. § 101 with the Clerk of
`
`the Court using the Court’s Case Management/Electronic Case Files (CM/ECF) system, which
`
`will send notifications of such filing to the following counsel of record:
`
`David
`
`Layden
`
`DLayden@jenner.com
`
`/s/ Jeremy R. Heuer
`
`Ocean Tomo Ex. 1007-004
`
`Ocean Tomo Ex. 1007-004

This document is available on Docket Alarm but you must sign up to view it.


Or .

Accessing this document will incur an additional charge of $.

After purchase, you can access this document again without charge.

Accept $ Charge
throbber

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.

throbber

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.

Become a Member

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

We are redirecting you
to a mobile optimized page.





Document Unreadable or Corrupt

Refresh this Document
Go to the Docket

We are unable to display this document.

Refresh this Document
Go to the Docket