Gamevice, Inc. v. Nintendo Co., Ltd. et al, No. 3:2018cv01942 - Document 274 (N.D. Cal. 2023)

Court Description: AMENDED FINAL JUDGMENT. Signed by Chief Judge Richard Seeborg on November 21, 2023. (rslc2, COURT STAFF) (Filed on 11/21/2023)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 NORTHERN DISTRICT OF CALIFORNIA 9 10 GAMEVICE, INC., Case No. 18-cv-01942-RS Plaintiff, 11 United States District Court Northern District of California v. AMENDED FINAL JUDGMENT 12 13 NINTENDO CO., LTD., et al., Defendants. 14 15 Whereas in this patent infringement action, Plaintiff Gamevice (“Gamevice”) averred that 16 Defendants Nintendo Co., Ltd. and Nintendo of America Inc. (collectively, “Nintendo”) infringes 17 on twenty claims across three of its patents (“the asserted claims”): claims 1-2 of U.S. Patent No. 18 9,855,498 (“the ’498 patent”), claims 1-4, 6-8, 16-19 of U.S. Patent No. 9,808,713 (“the ’713 19 patent”) and claims 1-4, 6, 7, and 12 of U.S. Patent No. 10,391,393 (“the ’393 patent”); and 20 21 22 Whereas on January 19, 2023, an order construing claims was issued and claim 12 of the ’393 patent was deemed invalid as indefinite (Dkt. 241); and Whereas on March 14, 2023, in an order granting and denying in part Nintendo’s motion 23 for summary judgment, all remaining asserted claims, except claim 16 of the ’713 patent, were 24 deemed invalid as anticipated by the accused device, the Nintendo Switch (“the Switch”) (Dkt. 25 245); and 26 Whereas that order was amended following Gamevice’s motion for reconsideration, and 27 six of the remaining asserted claims, i.e. claims 3, 4, 6, 7, and 16 of the ’713 patent and claim 6 of 28 the ’393 patent, were determined to have a priority filing date that preceded the Switch (Dkt. 250); 1 and Whereas on October 31, 2023, Gamevice’s motion for summary judgment of infringement 2 3 of claims 3, 4, 7, and 16 of the ’713 patent and claim 6 of the ’393 patent was denied, while 4 Nintendo’s motion for summary judgment of noninfringement of the claims 3, 4, 6, 7, and 16 of 5 the ’713 patent and claim 6 of the ’393 patent was granted because Gamevice cannot prove that 6 the Switch contains the claim limitations “confinement structures” or “apertures” that “secure” 7 (Dkt. 270); It is hereby ordered that judgment be entered: holding (a) claim 12 of the ‘393 patent United States District Court Northern District of California 8 9 invalid as indefinite (b) claims 3, 4, 6, 7, and 16 of the ’713 patent and claim 6 of the ’393 patent 10 not infringed by the Switch and (c) claims 1-2, 8, 17-19 of the ’713 patent, 1-2 of the ’498 patent, 11 and claims 1-4, and 7 of the ’393 patent invalid as anticipated by the Switch, or, alternatively as 12 not infringed. Final judgment is entered in favor of Nintendo against Gamevice as to all claims for relief 13 14 pleaded by Gamevice against Nintendo. Judgment is also entered in favor of Nintendo against 15 Gamevice on the First Counterclaim for Declaration of Noninfringement of Nintendo of America, 16 Inc. (“NOA”). It is hereby ordered that NOA has not directly or indirectly infringed on any valid 17 claim of the ’498 patent, the ’713 patent, or the ’393 patent either literally or under the doctrine of 18 equivalents. As Nintendo is the prevailing party, Gamevice shall pay its costs incurred on these 19 claims. 20 Pursuant to Fed. R. Civ. Pro. 41(a)(2) the Second Counterclaim for Declaration of 21 Invalidity of NOA is dismissed without prejudice, subject to reinstatement should the case be 22 remanded. Each party shall bear its own costs and fees with respect to the Counterclaim. 23 24 IT IS SO ORDERED. 25 26 27 Dated: November 21, 2023 ______________________________________ FINAL JUDGMENT 28 CASE NO. 2 18-cv-01942-RS 1 RICHARD SEEBORG Chief United States District Judge 2 3 4 5 6 7 8 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 FINAL JUDGMENT 28 CASE NO. 3 18-cv-01942-RS

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