-FMO SmartMetric Inc. v. MasterCard International Incorporated et al, No. 2:2010cv01864 - Document 57 (C.D. Cal. 2011)

Court Description: FINAL JUDGMENT by Judge Jacqueline H. Nguyen, Related to: Stipulation to Dismiss Case 56 . IT IS HEREBY ORDERED this 30th day of June, 2011 that final judgmentof non-infringement of the 464 patent by MCs PayPass and VISAs PayWave ishereby entered in favor of Defendants MasterCard International Incorporated andVISA Inc. All claims are therefore dismissed, and Defendants counterclaims aredismissed without prejudice. Each party shall bear its own attorneys fees and costs. (MD JS-6, Case Terminated). (rrey)

Download PDF
-FMO SmartMetric Inc. v. MasterCard International Incorporated et al Doc. 57 1 JS-6 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 CENTRAL DISTRICT OF CALIFORNIA 9 WESTERN DIVISION 10 11 SMARTMETRIC INC., a Nevada Corporation, CASE NO. CV-10-01864-JHN (FMOx) 12 Plaintiff, FINAL JUDGMENT ORDER 13 vs. 14 15 MASTERCARD INTERNATIONAL INCORPORATED AND VISA INC., Delaware Corporations, 16 Defendants. 17 18 AND RELATED COUNTERCLAIMS 19 20 WHEREAS on May 18, 2011, the Court entered an Order regarding claim 21 22 construction concerning disputed terms in the asserted claims of United States 23 Patent No. 6,792,464 (“the ‘464 patent”). 24 WHEREAS Plaintiff SmartMetric Inc. (“Plaintiff”) and Defendants 25 26 MasterCard International Incorporated (“MC”) and VISA Inc. (“VISA”) have 27 agreed and stipulated that, subject to their respective rights to appeal the Court’s 28 claim construction, based on the Court’s constructions of two disputed terms of the Dockets.Justia.com 1 asserted claims of the ‘464 patent, namely “insertion of said data card into said data 2 card reader,” or “plurality of network service providers,” or both, MC’s PayPass 3 4 and VISA’s PayWave have not infringed and do not infringe the ‘464 patent. 5 6 IT IS HEREBY ORDERED this 30th day of June, 2011 that final judgment of non-infringement of the ‘464 patent by MC’s PayPass and VISA’s PayWave is 7 8 hereby entered in favor of Defendants MasterCard International Incorporated and 9 VISA Inc. All claims are therefore dismissed, and Defendants’ counterclaims are 10 dismissed without prejudice. 11 Each party shall bear its own attorneys’ fees and costs. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: June 30, 2011 ____________________________ Hon. Jacqueline Nguyen United States District Judge

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.