`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`GESTURE TECHNOLOGY
`PARTNERS, LLC,
`
`Plaintiff,
`
`v.
`
`HUAWEI DEVICE CO., LTD.,
`HUAWEI DEVICE USA, INC.,
`
`Defendants.
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`
`ORDER
`
`Case No. 2:21-cv-00040-JRG-RSP
` (LEAD CASE)
`
`Before the Court is the Joint Stipulation Regarding Asserted Patents and Prior Art
`
`References, filed by Plaintiff Gesture Technology Partners, LLC (“GTP”) and Defendants
`
`Samsung Electronics Co., Ltd. and Samsung Electronics America, Inc. (collectively,
`
`“Samsung”). Dkt. No. 222. The parties have represented the following stipulations that the
`
`Court expressly relies on in accepting the Stipulation. Those stipulations are:
`
`1. GTP hereby withdraws and moves to dismiss with prejudice its allegations that Samsung
`
`infringes U.S. Patent No. 8,553,079.
`
`2. GTP hereby withdraws and moves to dismiss with prejudice its allegations that Samsung
`
`infringes claims 1, 2, 3, 6, 14, 15, 16, 17, 18, 19, 20, 21, 22, 25, 26, 27, 28, and 30 of U.S.
`
`Patent No. 7,933,431.
`
`3. Samsung agrees to limit its prior-art invalidity defenses at trial to six references, alone or
`
`in combination, together with all evidence relating to those six references. Four of the six
`
`references may be asserted as either primary or secondary references, depending on the
`
`ground. Two of the six reference will be asserted solely as secondary references. The six
`
`
`
`Case 2:21-cv-00040-JRG-RSP Document 230 Filed 02/01/22 Page 2 of 2 PageID #: 10396
`
`references are MDScope; MERL; U.S. Patent No. 6,115,482 (“Sears”); U.S. Patent No.
`
`6,144,366 (“Numazaki”); U.S Patent No. 6,539,100 (“Amir”); and Canadian Published
`
`Patent Application CA 2,237,939A1 (“Mann”). This limitation does not preclude Samsung
`
`and its experts from relying on these and additional references as background art or for
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`demonstrating the state of the art at the time of invention (including those that relate to
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`Samsung’s § 101 defense), consistent with the disclosures set forth in Samsung’s expert
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`report on invalidity.
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`After due consideration, the Court ACCEPTS the Stipulation. It is therefore ORDERED
`
`that GTP’s claims of patent infringement are DISMISSED WITH PREJUDICE as outlined
`
`herein. It is further ORDERED that Samsung’s prior-art invalidity defenses at trial will be limited
`
`as outlined herein.
`
`
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