01/08/15 01/09/15 JOINT STIPULATED FINAL JUDGMENT re 302 F Joint Motion for Judgment.
The Court hereby enters final judgment in favor of Defendant Apple Inc. ("Apple") on Plaintiffs Wi-LAN USA Inc. and Wi-LAN Inc. 's claims for infringement of U.S. Patent No. 8,311,040 and U.S. Patent No. 8,315,640 (and Apple's corresponding claims for declaratory relief of non-infringement).
It is further ordered, adjudged and decreed that all remaining claims, counterclaims, and affirmative defenses be, and hereby are, dismissed without prejudice as moot.
The Court, however, will allow Apple to re-assert any and all such claims, counterclaims, and affirmative defenses at a later point in time if this Court's order on non-infringement is vacated on appeal.
It is further ordered, adjudged and decreed that Apple is the prevailing party in this matter and is entitled to costs pursuant to F.R.C.P. 54(d)(1).
The Clerk of the Court is directed to close this case. Signed by Judge Dana M. Sabraw on 1/8/2015. (dls)(jrd)