DatCard Systems Inc v. PacsGear Inc, No. 8:2010cv01288 - Document 168 (C.D. Cal. 2013)

Court Description: FINAL JUDGMENT UNDER RULE 54(b) OF THE FEDERAL RULES OF CIVIL PROCEDURE by Judge Mariana R. Pfaelzer: Upon Stipulation 166 , (1) Judgment is entered in favor of Pacsgear on DatCard's claim of infringement of the '164 Patent, based upon thi s Court's finding on summary judgment that Pacsgear has not infringed the '164 Patent; (2) Judgment is entered in favor of Pacsgear on DatCard's claim of infringement of the '597 Patent, based upon this Court's finding on sum mary judgment that Pacsgear has not infringed the '597 Patent; (3) Judgment is entered in favor of Pacsgear on DatCard's claim of infringement of the '174 Patent, based upon this Court's finding on summary judgment that Pacsgear h as not infringed the '174 Patent; (4) Judgment is entered in favor of Pacsgear on DatCard's claim of infringement of the '157 Patent, based upon this Court's finding on summary judgment that the asserted claims of the '157 Pa tent are invalid under 35 U.S.C. Section 103; (5) Judgment is entered in favor of Pacsgear on DatCard's claim of infringement of the '422 Patent, based upon this Court's finding on summary judgment that the asserted claims of the ' ;422 Patent are invalid under 35 U.S.C. Section 103; (6) Judgment is entered in favor of Pacsgear on Pacsgear's counterclaim for a declaration of non-infringement of the '164 Patent, based upon this Court's finding on summary judgment that Pacsgear has not infringed the '164 Patent; (7) Judgment is entered in favor of Pacsgear on Pacsgear's counterclaim for a declaration of non-infringement of the '597 Patent, based upon this Court's finding on summary judgment that Pacsgear has not infringed the '597 Patent; (8) Judgment is entered in favor of Pacsgear on Pacsgear's counterclaim for a declaration of non-infringement of the '174 Patent, based upon this Court's finding on summary judgmen t that Pacsgear has not infringed the '174 Patent; (9) Judgment is entered in favor of Pacsgear on Pacsgear's counterclaim for a declaration of invalidity of the '157 Patent, based upon this Court's finding on summary judgment tha t the asserted claims of the '157 Patent are invalid under 35 U.S.C. Section 103; and (10) Judgment is entered in favor of Pacsgear on Pacsgear's counterclaim for a declaration of invalidity of the '422 Patent, based upon this Court� 39;s finding on summary judgment that the asserted claims of the '422 Patent are invalid under 35 U.S.C. Section 103. (11) There are two remaining undecided claims: (a) PacsGear's counterclaim for a declaration of invalidity of the '16 4 Patent, '597 Patent, and '174 Patent, and (b) Pacsgear's counterclaim for a declaration of unenforceability of all five patents in suit due to inequitable conduct. (12) DatCard has stated that it plans to appeal some of this Court� 39;s summary judgment rulings. The Court concurs and hereby stays the proceedings on the two remaining claims identified above, pending appeal. Any motions for attorneys' fees are also stayed and need not be filed, pending appeal. (13) PacsGear, as prevailing party, is entitled to recover its costs, pursuant to Rule 54(d), in an amount to be determined. (gk)