Richard A Williamson v. Citrix Online LLC et al, No. 2:2011cv02409 - Document 477 (C.D. Cal. 2012)
Court Description: STIPULATED FINAL JUDGMENT by Judge A. Howard Matz. It is hereby ORDERED, ADJUDGED and DECREED that FINAL JUDGMENT with respect to Plaintiff's claims of infringement of the '840 Patent against WebEx Communications, Inc., Cisco WebEx LLC, and Cisco Systems, Inc., Adobe Systems Incorporated, Citrix Online, LLC and Citrix Systems, Inc., Microsoft Corporation, International Business Machines Corporation entered against Plaintiff and in favor of Cisco, and Plaintiff shall take nothing of and from its claims of infringement of the '840 Patent against Cisco. All of Cisco's counterclaims are dismissed without prejudice, without waiving Ciscos right to reassert any or all of these claims in this action or another, including but no t limited to in the event that the appellate court remands the case to the District Court or refuses to hear the merits of the appeal. The deadline for the parties to seek recovery of costs (including filing a Notice of Application and proposed Bill of Costs) and/or attorneys' fees is extended to thirty (30) days following issuance of the mandate in any appeal from this Final Judgment. Subject to paragraph 6, all claims between the parties have now been resolved. This is a final and appealable judgment. (MD JS-6, Case Terminated). (jp)
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Richard A Williamson v. Citrix Online LLC et al 1 2 3 4 5 6 7 8 9 10 11 12 13 Doc. 477 BRETT J. WILLIAMSON (S.B. #145235) bwilliamson@omm.com GEOFFREY H. YOST (S.B. #159687) gyost@omm.com O’MELVENY & MYERS LLP 610 Newport Center Drive, 17th Floor Newport Beach, CA 92660 Telephone: (949) 760-9600 Facsimile: (949) 823-6994 JS-6 WILLIAM C. NORVELL, JR. (pro hac vice) wcnorvell@bmpllp.com SCOTT D. MARRS (pro hac vice) smarrs@bmpllp.com BEIRNE, MAYNARD & PARSONS L.L.P. 1300 Post Oak Boulevard, Suite 2500 Houston, TX 77056 Telephone: (713) 623-0887 Facsimile: (713) 960-1527 Attorneys for Plaintiff and Counterdefendant Richard A. Williamson, on behalf of and as Trustee for At Home Bondholders’ Liquidating Trust UNITED STATES DISTRICT COURT 14 CENTRAL DISTRICT OF CALIFORNIA 15 16 17 18 RICHARD A. WILLIAMSON, ON BEHALF OF AND AS TRUSTEE FOR AT HOME BONDHOLDERS’ LIQUIDATING TRUST, Plaintiff, 19 20 21 22 23 Case No. CV11-02409 AHM (JEMx) STIPULATED FINAL JUDGMENT Judge: Hon. A. Howard Matz v. CITRIX ONLINE, LLC, et al., Defendants. AND RELATED COUNTERCLAIMS. 24 25 26 27 28 STIPULATED FINAL JUDGMENT CV11-02409 AHM (JEMX) Dockets.Justia.com . 1 2 3 STIPULATED FINAL JUDGMENT In the Court’s September 4, 2012 Claim Construction Order (ECF No. 353) (“Markman Order”), the Court made the following rulings: 4 (a) 5 of U.S. Patent No. 6,155,840 (“the ‘840 patent”) is a means-plus- 6 function claim limitation with the following three functions: “(1) 7 receiving communications transmitted between the presenter and the 8 audience member computer systems, (2) relaying the communications 9 to an intended receiving computer system, and (3) coordinating the The “distributed learning control module” limitation in claim 8 10 operation of the streaming data module”; 11 (b) 12 step of ‘coordinating’ the operation of the streaming data module” and 13 therefore “[t]he ‘distributed learning control module’ term is indefinite 14 because the specification fails to disclose a corresponding structure”; 15 (c) 16 independent claim 1 of the ‘840 patent means “a pictorial map 17 illustrating an at least partially virtual space in which participants can 18 interact, and that identifies the presenter(s) and the audience 19 member(s) by their locations on the map”; and 20 (d) 21 region” in independent claim 17 of the ‘840 patent means “first 22 graphical display comprising: . . . a display region for a pictorial map 23 illustrating an at least partially virtual space in which participants can 24 interact, and that identifies the presenter(s) and the audience 25 member(s) by their locations on the map.” “there is no structure identified in the specification for the final the term “graphical display representative of a classroom” in the term “first graphical display comprising . . . a classroom 26 27 28 2 STIPULATED FINAL JUDGMENT CV11-02409 AHM (JEMX) 1 2 On October 19, 2012, Plaintiff and Defendants made the following stipulations: 3 (a) 4 any of its dependent claims, pursuant to the Court’s claim 5 construction rulings set forth above, because, under those rulings, 6 none of the Defendants’ accused products includes a “pictorial map 7 illustrating an at least partially virtual space in which participants can 8 interact, and that identifies the presenter(s) and the audience 9 member(s) by their locations on the map.” None of the Defendants infringe claim 1 of the ’840 patent or 10 (b) 11 the ’840 patent or any of its dependent claims 9-16, pursuant to the 12 Court’s claim construction rulings set forth above, because, under 13 those rulings, claim 8 and its dependent claims have been held invalid 14 as indefinite. 15 (c) 16 any of its dependent claims, pursuant to the Court’s claim 17 construction rulings set forth above, because, under those rulings, 18 none of the Defendants accused products includes a “first graphical 19 display comprising: . . . a display region for a pictorial map 20 illustrating an at least partially virtual space in which participants can 21 interact, and that identifies the presenter(s) and the audience 22 member(s) by their locations on the map.” None of the Defendants are liable for infringement of claim 8 of None of the Defendants infringe claim 17 of the ’840 patent or 23 (ECF No. 470.) These stipulations were “to facilitate the immediate appeal of the 24 Court’s claim construction rulings,” limited to “those claim construction rulings 25 that are case dispositive and specifically discussed in [the] stipulation.” (Id.) 26 Defendants further stipulated that they would not move for costs and attorneys’ fees 27 until after resolution of the contemplated appeal. (Id.) Defendants contend that 28 there are additional grounds for non-infringement and invalidity of all of the claims 3 STIPULATED FINAL JUDGMENT CV11-02409 AHM (JEMX) 1 of the ‘840 patent, and reserve their right to assert such additional grounds in the 2 event that the appellate court remands the case to the District Court or refuses to 3 hear the merits of the appeal. 4 On October 22, 2012, the Court vacated all remaining deadlines pending the 5 Court’s decision on Plaintiff’s Motion for Reconsideration, and ordered the parties 6 to submit a proposed form of judgment pursuant to Fed. R. Civ. P. 58 consistent 7 with the terms of their stipulation. (ECF No. 472.) 8 9 10 11 On November 8, the Court denied Plaintiff’s motion seeking reconsideration of the Court’s claim construction rulings. (ECF No. 475.) In accordance with the above, and good cause having been shown, the Court hereby enters Final Judgment in this matter as follows: 12 It is hereby ORDERED, ADJUDGED and DECREED that: 13 1. FINAL JUDGMENT with respect to Plaintiff’s claims of infringement 14 of the ’840 Patent against WebEx Communications, Inc., Cisco 15 WebEx LLC, and Cisco Systems, Inc. (collectively, “Cisco”) is 16 entered against Plaintiff and in favor of Cisco, and Plaintiff shall take 17 nothing of and from its claims of infringement of the ’840 Patent 18 against Cisco. All of Cisco’s counterclaims are dismissed without 19 prejudice, without waiving Cisco’s right to reassert any or all of these 20 claims in this action or another, including but not limited to in the 21 event that the appellate court remands the case to the District Court or 22 refuses to hear the merits of the appeal. 23 2. FINAL JUDGMENT with respect to Plaintiff’s claims of infringement 24 of the ’840 Patent against Adobe Systems Incorporated (“Adobe”) is 25 entered against Plaintiff and in favor of Adobe, and Plaintiff shall take 26 nothing of and from its claims of infringement of the ’840 Patent 27 against Adobe. All of Adobe’s counterclaims are dismissed without 28 prejudice, without waiving Adobe’s right to reassert any or all of these 4 STIPULATED FINAL JUDGMENT CV11-02409 AHM (JEMX) 1 claims in this action or another, including but not limited to in the 2 event that the appellate court remands the case to the District Court or 3 refuses to hear the merits of the appeal. 4 3. FINAL JUDGMENT with respect to Plaintiff’s claims of infringement 5 of the ’840 Patent against Citrix Online, LLC and Citrix Systems, Inc. 6 (collectively, “Citrix”) is entered against Plaintiff and in favor of 7 Citrix, and Plaintiff shall take nothing of and from its claims of 8 infringement of the ’840 Patent against Citrix. All of Citrix’s 9 counterclaims are dismissed without prejudice, without waiving 10 Citrix’s right to reassert any or all of these claims in this action or 11 another, including but not limited to in the event that the appellate 12 court remands the case to the District Court or refuses to hear the 13 merits of the appeal. 14 4. FINAL JUDGMENT with respect to Plaintiff’s claims of infringement 15 of the ’840 Patent against Microsoft Corporation (“Microsoft”) is 16 entered against Plaintiff and in favor of Microsoft, and Plaintiff shall 17 take nothing of and from its claims of infringement of the ’840 Patent 18 against Microsoft. All of Microsoft’s counterclaims are dismissed 19 without prejudice, without waiving Microsoft’s right to reassert any or 20 all of these claims in this action or another, including but not limited to 21 in the event that the appellate court remands the case to the District 22 Court or refuses to hear the merits of the appeal. 23 5. FINAL JUDGMENT with respect to Plaintiff’s claims of infringement 24 of the ’840 Patent against International Business Machines 25 Corporation (“IBM”) is entered against Plaintiff and in favor of IBM, 26 and Plaintiff shall take nothing of and from its claims of infringement 27 of the ’840 Patent against IBM. All of IBM’s counterclaims are 28 dismissed without prejudice, without waiving IBM’s right to reassert 5 STIPULATED FINAL JUDGMENT CV11-02409 AHM (JEMX) 1 any or all of these claims in this action or another, including but not 2 limited to in the event that the appellate court remands the case to the 3 District Court or refuses to hear the merits of the appeal. 4 6. The deadline for the parties to seek recovery of costs (including filing 5 a Notice of Application and proposed Bill of Costs) and/or attorneys’ 6 fees is extended to thirty (30) days following issuance of the mandate 7 in any appeal from this Final Judgment. 8 9 7. Subject to paragraph 6, all claims between the parties have now been resolved. This is a final and appealable judgment. 10 11 IT IS SO ORDERED, ADJUDGED, AND DECREED. 12 13 Dated: November 26, 2012 14 15 ________________________ 16 Hon. A. Howard Matz United States District Court Judge 17 JS-6 18 19 20 21 22 23 24 25 26 27 28 6 STIPULATED FINAL JUDGMENT CV11-02409 AHM (JEMX) 1 Dated: November 26, 2012 /s/ Brett J. Williamson Brett J. Williamson O’Melveny & Myers LLP William C. Norvell, Jr. Beirne, Maynard & Parsons, LLP Attorneys for Plaintiff and Counterdefendant Richard A. Williamson, As Trustee And On Behalf Of At Home Bondholders’ Liquidating Trust Dated: November 26, 2012 /s/ Frank E. Scherkenbach Frank E. Scherkenbach Fish & Richardson PC Attorneys for Defendants and Counterclaimants Adobe Systems, Inc., Citrix Online LLC and Citrix Systems, Inc., and Microsoft Corporation Dated: November 26, 2012 /s/ Douglas Kubehl___ Douglas Kubehl Baker Botts L.L.P Attorneys for Defendants and Counterclaimants WebEx Communications, Inc., Cisco WebEx LLC, and Cisco Systems, Inc. Dated: November 26, 2012 /s/ Mark J. Abate Mark J. Abate Gregory S. Bishop Goodwin Procter LLP Attorneys for Defendant and Counterclaimant International Business Machines Corporation 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Attestation Pursuant to L.R. 5-4.3.4(a)(2) 23 24 I, Brett J. Williamson, attest that all signatories listed and on whose behalf this filing is submitted concur in this filing’s content and have authorized this filing. 25 26 Dated: November 26, 2012 /s/ Brett J. Williamson Brett J. Williamson 27 28 OMM_US:71146136.1 7 STIPULATED FINAL JUDGMENT CV11-02409 AHM (JEMX)
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