`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`Case No. 2:19-cv-00310-JRG-RSP
`
`§§§§§§§§§
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`ORDER
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`GREE, INC.,
`
` Plaintiff,
`
`v.
`
`SUPERCELL OY,
`
` Defendant.
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`Currently before the Court are Objections filed by the parties to the following orders and
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`reports of the Magistrate Judge:
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`I.
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`OBJECTIONS AT DKT. NO. 187
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`Defendant Supercell Oy previously filed a Motion to Strike Plaintiff GREE,
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`Inc.’s Technical Expert, Dr. Robert Akl, for Improper Claim Construction. (Dkt. No. 115.)
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`Magistrate Judge Payne entered a Memorandum Order denying Supercell’s motion. (Dkt. No.
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`179.) Supercell has now filed Objections (Dkt. No. 187), with Plaintiff GREE, Inc. filing a
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`Response (Dkt. No. 200).
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`After reviewing the briefing on the motion, and the briefing on Supercell’s Objections, the
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`Court agrees with the reasoning provided within the Memorandum Order and concludes that the
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`Objections fail to show that the Memorandum Order was clearly erroneous or contrary to law.
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`Consequently, the Court OVERRULES Supercell’s Objections (Dkt. No. 187) and
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`ADOPTS Judge Payne’s Memorandum Order (Dkt. No. 179).
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`Supercell
`Exhibit 1049
`Page 1
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`
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`Case 2:19-cv-00310-JRG-RSP Document 263 Filed 04/29/21 Page 2 of 4 PageID #: 8851
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`II.
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`OBJECTIONS AT DKT. NOS. 191 AND 192
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`Supercell previously filed a Motion for Summary Judgment of No Infringement of U.S.
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`Patent Nos. 10,076,708 and 10,413,832 (Dkt. No. 120). Magistrate Judge Payne entered a Report
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`and Recommendation (Dkt. No. 183), recommending denial of Supercell’s motion. Supercell has
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`now filed Objections (Dkt. No. 192), with GREE filing a Response (Dkt. No. 209). GREE,
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`Inc. has also filed Objections (Dkt. No. 191), with Supercell filing a Response (Dkt. No. 208).
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`After conducting a de novo review of the briefing on the motion, the Report and
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`Recommendation, and the briefing on both Supercell’s and GREE’s Objections, the Court agrees
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`with the reasoning provided within the Report and Recommendation and concludes that the
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`Objections fail to show that the Report and Recommendation was erroneous. Consequently,
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`the Court OVERRULES Supercell’s Objections, OVERRULES GREE’s Objections, ADOPTS
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`the Report and Recommendation and orders that the Motion for Summary Judgment of
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`No Infringement of U.S. Patent Nos. 10,076,708 and 10,413,832 (Dkt. No. 120) is DENIED.
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`III. OBJECTIONS AT DKT. NO. 231
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`Supercell previously filed a Motion to Strike Portions of Plaintiff GREE, Inc.’s Technical
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`Expert Dr. Robert Akl Regarding Previously Undisclosed Infringement Opinions (Dkt. No. 116).
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`Magistrate Judge Payne entered a Memorandum Order (Dkt. No. 211), denying Supercell’s
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`motion. Supercell has now filed Objections (Dkt. No. 231), with GREE filing a Response (Dkt.
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`No. 240).
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`After reviewing the briefing on the motion, Judge Payne’s Memorandum Order, and the
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`briefing on Supercell’s Objections, the Court agrees with the reasoning provided within the
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`Memorandum Order and concludes that the Objections fail to show that the Memorandum Order
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`was clearly erroneous or contrary to law.
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`Supercell
`Exhibit 1049
`Page 2
`
`
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`Case 2:19-cv-00310-JRG-RSP Document 263 Filed 04/29/21 Page 3 of 4 PageID #: 8852
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`Consequently, the Court OVERRULES Supercell’s Objections (Dkt. No. 231) and
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`ADOPTS Judge Payne’s Memorandum Order (Dkt. No. 211).
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`IV. OBJECTIONS AT DKT. NO. 250
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`Supercell previously filed a Motion for Summary Judgment of Invalidity for Failure to
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`Claim Patent-Eligible Subject Matter Under 35 U.S.C. § 101. (Dkt. No. 119.) Magistrate
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`Judge Payne entered a Report and Recommendation (Dkt. No. 243), recommending grant-in-
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`part of S upercell’s motion. Supercell has now filed Objections (Dkt. No. 250).
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`After conducting a de novo review of the briefing on the motion, the Report and
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`Recommendation, and the briefing on GREE’s Objections, the Court agrees with the reasoning
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`provided within the Report and Recommendation and concludes that the Objections fail to show
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`that the Report and Recommendation was erroneous. Consequently, the Court OVERRULES
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`GREE’s Objections and ADOPTS the Report and Recommendation and orders that the Motion
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`for Summary Judgment of Invalidity for Failure to Claim Patent-Eligible Subject Matter Under 35
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`U.S.C. § 101 (Dkt. No. 119) is GRANTED-IN-PART.
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`V.
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`OBJECTIONS AT DKT. NO. 234
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`On March 10, 2021, Magistrate Judge Payne overruled GREE’s objection to Supercell’s
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`trial exhibit DX-0130, and preadmitted the exhibit. On April 23, 2021, GREE requested
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`reconsideration of the preadmission of DX-0130. GREE has now filed Objections (Dkt. No. 234),
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`with Supercell filing a Response (Dkt. No. 241). Judge Payne also has now reconsidered the
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`preadmission of DX-0130 and ordered the preadmission proper (Case No. 2:19-cv-00200-JRG-
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`RSP, Dkt. No. 269 at 11–13).
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`After reviewing the briefing on GREE’s Objections, the Transcript of Proceedings held on
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`March 10, 2021 (Case No. 2:19-cv-00200-JRG-RSP, Dkt. No. 251), and Judge Payne’s Order, the
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`Supercell
`Exhibit 1049
`Page 3
`
`
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`Case 2:19-cv-00310-JRG-RSP Document 263 Filed 04/29/21 Page 4 of 4 PageID #: 8853
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`Court agrees with the reasoning provided within the Order and concludes that the Objections fail
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`to show that the Memorandum Order was clearly erroneous or contrary to law.
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`Consequently, the Court OVERRULES GREE’s Objections (Dkt. No. 230.)
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`.
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`____________________________________
`RODNEY GILSTRAP
`UNITED STATES DISTRICT JUDGE
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`So ORDERED and SIGNED this 29th day of April, 2021.
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`Supercell
`Exhibit 1049
`Page 4
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`