Interval Licensing LLC v. AOL, Inc. et al, No. 2:2010cv01385 - Document 345 (W.D. Wash. 2013)

Court Description: ORDER ON INTERVAL'S UNOPPOSED MOTION TO SEVER CLAIMS AND ENTER FINAL JUDGMENT OF INVALIDITY AND NON-INFRINGEMENT RE: (343) Motion to Sever in case 2:10-cv-01385-MJP; granting (71) Motion to Sever in case 2:11-cv-00708-MJP; granting (64) Motion to Sever in case 2:11-cv-00711-MJP; granting (60) Motion to Sever in case 2:11-cv-00716-MJP, by Judge Marsha J. Pechman. (Order filed in C10-1385MJP; C11-708MJP; C11-711MJP and C11-716MJP)(MD)

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Interval Licensing LLC v. AOL, Inc. et al Doc. 345 1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 8 9 10 INTERVAL LICENSING, LLC, 11 Plaintiff, 12 v. 13 AOL, INC., et al., 14 LEAD CASE NO. C10-1385MJP ORDER ON INTERVAL S UNOPPOSED MOTION TO SEVER CLAIMS AND ENTER FINAL JUDGMENT OF INVALIDITY AND NON-INFRINGEMENT Defendants. 15 16 This matter comes before the Court on the unopposed motion filed by Plaintiff Interval 17 Licensing LLC to resolve all remaining issues related to U.S. Patent Nos. 6,034,652 (the “„652 18 Patent”) and 6,788,314 (the “„314 Patent”). Having reviewed the motion and the attached 19 exhibits, the Court enters the following ORDER: 20 (1) The Court severs Interval s infringement claims with respect to the „652 Patent and the 21 „314 Patent and all counterclaims of Defendants AOL, Inc., Apple, Inc., Google, Inc., and 22 Yahoo!, Inc. (“Defendants”) relating to the „652 Patent and the „314 Patent asserted in 23 each of the following actions into new, separate actions, one for each Defendant: 24 ORDER ON INTERVAL S UNOPPOSED MOTION TO SEVER CLAIMS AND ENTER FINAL JUDGMENT OF INVALIDITY AND NONINFRINGEMENT- 1 Dockets.Justia.com 1 2:10-cv-01385-MJP Interval Licensing LLC v. AOL, Inc. 2 2:11-cv-00708-MJP Interval Licensing LLC v. Apple, Inc. 3 2:11-cv-00711-MJP Interval Licensing LLC v. Google, Inc. 4 2:11-cv-00716-MJP Interval Licensing LLC v. Yahoo!, Inc. 5 (2) Pursuant to each party s stipulation and based on the Court s claim construction order of 6 December 28, 2012 (Dkt. No. 341), the Court DIRECTS the Clerk to enter final judgment 7 of invalidity of Claims 4-8, 11, 34, and 35 of the „652 Patent and Claims 1-4 and 7-15 of 8 the „314 Patent and final judgment of non-infringement of Claims 15-18 of the „652 9 Patent. 10 (3) Having considered the parties joint contingent stipulation of dismissal, the Court 11 ORDERS that Defendants counterclaims with respect to the „652 Patent and the „314 12 Patent are DISMISSED without prejudice and Defendants and each of them individually 13 shall have the right to assert any and all defenses and counterclaims to any claim for 14 infringement of the „652 Patent or „314 Patent in this or any future case. 15 16 The clerk is ordered to provide copies of this order to all counsel. 17 Dated this 12th day of February, 2013. 18 A 19 20 Marsha J. Pechman United States District Judge 21 22 23 24 ORDER ON INTERVAL S UNOPPOSED MOTION TO SEVER CLAIMS AND ENTER FINAL JUDGMENT OF INVALIDITY AND NONINFRINGEMENT- 2

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