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Message: JOINTMOTION TO STAY PROCEEDINGS AND DEADLINES PENDING RESOLUTION OF OBJECTIONS
5. If Plaintiffs do not file an objection to the Claim Construction Report on or before October 6, 2015, or, if Plaintiffs timely file an objection to the Claim Construction Report and the Court does not reject or materially modify the construction of the term “an entire oscillator disposed upon said integrated circuit substrate”, and thereby accepts the Entire Oscillator Construction, the Parties will within, three (3) business days of (a) Plaintiffs’ failure to timely file an objection (i.e., October 9, 2015) or (b) the Court’s acceptance of the Entire Oscillator Construction, request the Court to enter final judgment of non-infringement in favor of Defendants in the form attached hereto as Exhibit A.
Case3:12-cv-03880-VC Document118-1 Filed09/25/15 Page1 of 4
Exhibit A
TECHNOLOGY PROPERTIES LIMITED
LLC, et al., 12
Plaintiffs
Case No. 3:12-cv-03876-VC (PSG)
FINAL JUDGMENT
Case No. 3:12-cv-03877-VC (PSG)
v.
ZTE CORPORATION, et al.,
Defendants.
TECHNOLOGY PROPERTIES LIMITED LLC, et al.,
Plaintiffs v.
SAMSUNG ELECTRONICS CO., LTD., et al., Defendants.
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIALG ELECTRONICS, INC., et al.,
Defendants.
TECHNOLOGY PROPERTIES LIMITED LLC, et al.,
Plaintiffs v.
NINTENDO CO., LTD, et al. Defendants.
Case No. 3:12-cv-03881-VC (PSG)
TECHNOLOGY PROPERTIES LIMITED LLC, et al.,
Case No. 3:12-cv-03880-VC (PSG)
Based upon this Court’s construction of the term “an entire oscillator disposed upon said integrated circuit substrate” as “an [oscillator] located entirely on the same semiconductor substrate as the [central processing unit] that does not require a control signal and whose frequency is not fixed by any external crystal” in U.S. Patent No. 5,809,336 (the “’336 patent”) pursuant to the Claim Construction Report and Recommendation dated September 22, 2015, and this Court’s Order adopting same, Plaintiffs Technology Properties Limited LLC, Phoenix Digital Solutions LLC, and Patriot Scientific Corporation (collectively, “Plaintiffs”) and Defendants ZTE Corporation, ZTE (USA) Inc., Samsung Electronics Co., Ltd., Samsung Electronics America, Inc., LG Electronics, Inc., LG Electronics U.S.A., Inc., Nintendo Co., Ltd., and Nintendo of America, Inc. (collectively, “Defendants”) (together, the “Parties”) have stipulated that all Defendants are entitled to a judgment of non-infringement as a matter of law as to all of Plaintiffs’ asserted claims of the ‘336 patent in the above-titled and numbered civil cases (collectively, “this Action”).
Accordingly, the Court enters Judgment as follows:
Judgment is entered against Plaintiffs and for Defendants as to Plaintiffs’ claims for
patent infringement, subject to the parties’ right to appeal.
Subject to the parties’ right to appeal, the Court further enters judgment for Defendants
and against Plaintiffs on Defendants’ respective counterclaims seeking declaratory judgment of non- infringement and Defendants’ respective affirmative defenses of non-infringement, and declares the ’336 patent not infringed by Defendants. Plaintiffs shall take nothing from Defendants with respect to the asserted claims of the ’336 patent.
All other claims, counterclaims, defenses, or other matters which have been asserted, including Defendants’ counterclaims of patent invalidity, are dismissed without prejudice.
Each party shall bear its own costs and attorneys’ fees.
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