Case 2:19-cv-04980-AB-FFM Document 129 Filed 04/22/20 Page 1 of 4 Page ID #:1905
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE CENTRAL DISTRICT OF CALIFORNIA
`WESTERN DIVISION
`
`Case No. CV19-04980 AB (FFMx)
`
`JUDGMENT
`
`NOMADIX, INC.,
`Plaintiff,
`
`v.
`GUEST-TEK INTERACTIVE
`ENTERTAINMENT LTD.,
`Defendant.
`
`NOMADIX 2010
`Guest Tek v. Nomadix
`IPR2019-00211
`
`

`

`Case 2:19-cv-04980-AB-FFM Document 129 Filed 04/22/20 Page 2 of 4 Page ID #:1906
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`Plaintiff Nomadix, Inc. (“Nomadix”), filed a Motion for Summary Judgment.
`(Dkt. No. 66.) After reviewing the opposition Defendant Guest-Tek Interactive
`Entertainment Ltd. (“Guest-Tek”) filed and hearing oral argument, the Court granted
`Nomadix’s motion. (Dkt. No. 113.) The Court now enters final judgment in favor of
`Plaintiff Nomadix as follows.
`1.
`Defendant Guest-Tek, and its officers, agents, servants, employees,
`representatives, directors, attorneys, successors, affiliates, and assigns, and entities
`owned or controlled by Guest-Tek, and all those in active concert or participation
`with any of the foregoing, are hereby permanently ENJOINED from each of the
`following acts:
`participating any further in, or otherwise taking any further
`a.
`action in, each of IPR2019-00211, IPR2019-00253, and IPR2019-01191
`before the Patent Trial and Appeal Board (“PTAB”) of the United States
`Patent and Trademark Office, except in furtherance of paragraph 2 below;
`b.
`initiating, pursuing, prosecuting, or taking any steps with respect
`to any appeal or review of any judgment, decision, order, or disposition in any
`of IPR2019-00211, IPR2019-00253, and IPR2019-01191;
`c.
`filing any additional petitions with the PTAB challenging a
`Nomadix patent licensed under the parties’ December 30, 2010 Confidential
`License Agreement (the “Agreement”); and
`d.
`subject to clauses 7.1 and 7.2 of the Agreement, raising a dispute
`arising out of or in connection with the Agreement in any forum other than
`the United States District Court for the Central District of California, or, only
`if such dispute may not be brought in that District Court, a California Superior
`Court in Los Angeles or Orange County.
`Defendant Guest-Tek is hereby ORDERED to join Plaintiff Nomadix
`2.
`in requesting that the PTAB terminate IPR2019-00211 and IPR2019-00253,
`including cooperating with Plaintiff Nomadix in taking steps—within two business
`- 1 -
`
`NOMADIX 2010
`Guest Tek v. Nomadix
`IPR2019-00211
`
`

`

`Case 2:19-cv-04980-AB-FFM Document 129 Filed 04/22/20 Page 3 of 4 Page ID #:1907
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`days of entry of this final judgment in the civil docket—to obtain authorization from
`the PTAB to file motions to terminate IPR2019-00211 and IPR2019-00253 and
`including, in each proceeding, joining—within two business days of obtaining such
`authorization—in a motion substantially of the following form:
`JOINT MOTION TO TERMINATE PROCEEDING
`Pursuant to 37 C.F.R. § 42.72, Petitioner and Patent Owner
`jointly move to terminate the present proceeding, Case [IPR2019-
`00211 or IPR2019-00253]. The Board authorized this joint motion on
`.
`Petitioner filed a petition for inter partes review of U.S. Patent
`No. [7,953,857 or 8,626,922] on November 12, 2018. On January 23,
`2020, in Nomadix, Inc. v. Guest-Tek Interactive Entertainment Ltd.,
`Case No. CV19-04980 AB (FFMx), the United States District Court for
`the Central District of California (“the District Court”) granted a motion
`by Patent Owner for summary judgment, holding that, by initiating the
`present inter partes review proceeding, Petitioner violated the forum-
`selection clause in a patent license agreement that the parties entered
`into in December, 2010. (Ex.
`[copy of Dkt. No. 113].) On
`, the District Court entered final judgment in Patent Owner’s
`favor, ordering Petitioner to join Patent Owner in moving to terminate
`the present proceeding and enjoining Petitioner from otherwise
`participating further in the present proceeding. (Ex.
` [copy
`of
`this judgment].) In particular, the District Court ordered Petitioner to
`join Patent Owner in filing the present motion to terminate. (Id.) The
`Board has not decided the merits of the inter partes review.
`Termination of this proceeding in its entirety as to all parties is proper
`and consistent with the District Court’s judgment.
`
`- 2 -
`
`NOMADIX 2010
`Guest Tek v. Nomadix
`IPR2019-00211
`
`

`

`Case 2:19-cv-04980-AB-FFM Document 129 Filed 04/22/20 Page 4 of 4 Page ID #:1908
`
`NOMADIX 2010
`Guest Tek v. Nomadix
`IPR2019-00211
`
`