`
`UNITED STATES DISTRICT COURT
`EASTERN DISTRICT OF VIRGINIA
`ALEXANDRIA DIVISION
`
`
`
`
`
`Civil Action No. 1:22-cv-01373-MSN-JFA
`
`GEOSCOPE TECHNOLOGIES PTE. LTD.,
`Plaintiff,
`
`
`v.
`
`APPLE INC.,
`
`Defendant.
`
`
`
`
`
`CONSENT MOTION FOR ENTRY OF RULE 58 JUDGMENT
`
`PURSUANT TO Rule 58(d) of the Federal Rules of Civil Procedure, Defendant Apple Inc.
`
`(“Apple”), with the consent of Plaintiff Geoscope Technologies Pte. Ltd. (“Geoscope”),
`
`respectfully moves the Court to enter an order directing the Clerk to enter a final Rule 58 Judgment
`
`resolving all claims in this Action on the following grounds:
`
`1.
`
`This is an action for patent infringement based on a Complaint setting forth six
`
`claims for patent infringement. The Court has now entered two orders dismissing all the claims
`
`asserted against Apple (Dkt. Nos. 107 & 110).
`
`2.
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`Under the rules, once all claims have been adjudicated, judgment may be entered.
`
`See Fed. R. Civ. P. 54(a).
`
`3.
`
`The formal entry of Rule 58 Judgment provides definiteness and clarity for
`
`timetables and other events that are based upon the date of entry of judgment. See Fed. R. Civ.
`
`P. 58, Adv. Comm. Notes, 2002 Amendment (entry of Rule 58 Judgment facilitates determination
`
`of the time periods for filing appeals under Appellate Rule 4(a), as well as motions under Federal
`
`Civil Rules 50, 52, 54(d), 59, and 60).
`
`4.
`
`Generally, a “judgment … must be set out in a separate document ….” Fed. R. Civ.
`
`58(a). Here, at the direction of the Court (Dkt. No. 107), the Clerk has entered judgment for certain
`
`
`
`1
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`
`
`Case 1:22-cv-01373-MSN-JFA Document 116 Filed 10/02/23 Page 2 of 3 PageID# 2050
`
`
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`claims adjudicated by stipulation (Dkt. No. 108). However, Rule 58 Judgment has not been
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`entered because four of the six claims for patent infringement were still pending at the time Dkt.
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`No. 108 was entered. A decision on those claims did not occur until the Court subsequently
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`adjudicated the claims in its September 18, 2023, memorandum opinion and order (Dkt. Nos. 109
`
`& 110).
`
`5.
`
`Under the rules, “[a] party may request that judgment be set out in a separate
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`document as required by Rule 58(a).” Fed. R. Civ. P. 58(d). Entry of judgment at the request of
`
`a party “will protect all needs for prompt commencement of the periods of motions, appeals, and
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`execution or other enforcement.” Fed. R. Civ. P. 58, Adv. Comm. Notes, 2002 Amendment.
`
`6.
`
`To obtain definiteness and clarity, Apple respectfully requests that the Court enter
`
`an order directing the Clerk to enter Rule 58 Judgment dismissing all claims in this Action.
`
`7.
`
`Geoscope consents to the entry of Rule 58 Judgment without waiver of any of its
`
`appellate rights.
`
`WHEREFORE, Apple, with the consent of Geoscope, requests that the Court enter an order
`
`directing the Clerk to enter Rule 58 Judgment on all claims in this Action. A proposed order is
`
`submitted herewith.
`
`The parties waive a hearing on this procedural motion.
`
`Dated: October 2, 2023
`
`
`Of Counsel for Defendant Apple Inc.:
`
`Brian M. Buroker (VSB No. 39,581)
`bburoker@gibsondunn.com
`Wendy W. Cai (pro hac vice)
`wcai@gibsondunn.com
`David Brzozowski (pro hac vice)
`dbrzozowski@gibsondunn.com
`Gibson, Dunn & Crutcher LLP
`
`Respectfully submitted,
`
`/s/ Craig C. Reilly
`Craig C. Reilly (VSB # 20942)
`209 Madison Street, Suite 501
`Alexandria, Virginia 22314
`T: (703) 549-5354
`F: (703) 549-5355
`E: craig.reilly@ccreillylaw.com
`Counsel for Defendant Apple Inc.
`
`
`
`2
`
`
`
`Case 1:22-cv-01373-MSN-JFA Document 116 Filed 10/02/23 Page 3 of 3 PageID# 2051
`
`1050 Connecticut Avenue, N.W.
`Washington, DC 20036-5306
`Tel: (202) 955-8295
`Fax: (202) 831-6106
`
`Brian A. Rosenthal (pro hac vice)
`brosenthal@gibsondunn.com
`Gibson, Dunn & Crutcher LLP
`200 Park Avenue
`New York, New York 10166
`Tel: (212) 351-4000
`Fax: (212) 716-0839
`
`Jaysen S. Chung (pro hac vice)
`jschung@gibsondunn.com
`Andrew W. Robb (pro hac vice)
`arobb@gibsondunn.com
`Gibson, Dunn & Crutcher LLP
`1881 Page Mill Road Palo Alto, CA 94304-
`1211
`Tel: (650) 849-5300
`Fax: (650) 849-5067
`
`Nathaniel R. Scharn (pro hac vice)
`nscharn@gibsondunn.com
`Gibson, Dunn & Crutcher LLP
`3161 Michelson Drive
`Irvine, CA 92612-4412
`Tel: (949) 451-3800
`Fax: (949) 451-4220
`
`
`
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`3
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