Walker Digital, LLC v. Microsoft Corporation et al

Filing 157

FINAL JUDGMENT by Judge Philip S. Gutierrez: (1) On its claims for relief, Plaintiff Walker Digital, LLC recover nothing, and the claims be dismissed on the merits; (2) On its Second Counterclaim, Defendant Microsoft Corporation be awarded a declarat ion that it has not infringed and is not infringing U.S. Patent No. 6,349,295; (3) On its Third Counterclaim, Defendant Microsoft Corporation be awarded a declaration that it has not willfully infringed and is not willfully infringing U.S. Patent No. 6,349,295; (4) On its Second Counterclaim, Defendant Dell Inc. be awarded a declaration that it has not infringed and is not infringing U.S. Patent No. 6,349,295; (5) On its Second Counterclaim, Defendant Hewlett-Packard Company be awarded a declara tion that it has not infringed and is not infringing U.S. Patent No. 6,349,295; (6) Defendants Microsoft Corporations, Dell Inc.s, and Hewlett-Packard Companys First Counterclaims for Invalidity are dismissed without prejudice to Defendants asserting such counterclaims in the event this matter is remanded for any reason, including for further consideration; and (7) Defendants Microsoft Corporation, Dell Inc., and Hewlett-Packard Company, as prevailing parties, recover costs from Plaintiff in the amount of (Left Blank) The Clerk is directed to enter this Judgment. (MD JS-6, Case Terminated). (ir)

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RODERICK G. DORMAN (SBN 96908)
[e-mail]
ALAN P. BLOCK (SBN 143783)
[e-mail]
THOMAS B. WATSON (SBN 181546)
[e-mail]
HENNIGAN DORMAN LLP
865 South Figueroa Street, Suite 2900
Los Angeles, California 90017
Telephone: [phone]
Facsimile: [phone]

E-FILED 05/06/11
JS-6

Attorneys for Plaintiff and Counterdefendant,
WALKER DIGITAL, LLC

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[Additional Counsel Listed on Next Page]

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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WALKER DIGITAL, LLC,

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Plaintiff,

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vs.

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MICROSOFT CORPORATION;
DELL INC.; and HEWLETTPACKARD COMPANY,

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Defendants.

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AND RELATED COUNTERCLAIMS

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Case No. 09 CV-7514 PSG (PJWx)
[PROPOSED] FINAL JUDGMENT
Date:
Time:
Ctrm:

N/A
N/A
880, Hon. Philip S. Gutierrez

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Case No. 09 CV-7514 PSG (PJWx)
1746948

[PROPOSED] FINAL JUDGMENT

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GREGORY P. STONE (State Bar No. 78329)
[e-mail]
GRANT A. DAVIS-DENNY (State Bar No. 229335)
[e-mail]
ADAM R. LAWTON (State Bar No. 252546)
[e-mail]
MUNGER, TOLLES & OLSON LLP
355 South Grand Avenue
Thirty-Fifth Floor
Los Angeles, CA 90071-1560
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendants,
MICROSOFT CORPORATION, DELL INC., and
HEWLETT-PACKARD COMPANY
ISABELLA E. FU (State Bar No. 154677)
[e-mail]
MICROSOFT CORPORATION
1 Microsoft Way
Redmond, WA 98052-6399
Telephone: [phone]
Facsimile: [phone]
Attorney for Defendant,
MICROSOFT CORPORATION

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-1Case No. 09 CV-7514 PSG (PJWx)
1746948

[PROPOSED] FINAL JUDGMENT

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IT IS HEREBY ORDERED, ADJUDGED, and DECREED as follows:

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(1)

On its claims for relief, Plaintiff Walker Digital, LLC recover
nothing, and the claims be dismissed on the merits;

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(2)

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On its Second Counterclaim, Defendant Microsoft Corporation be

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awarded a declaration that it has not infringed and is not infringing

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U.S. Patent No. 6,349,295;
(3)

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On its Third Counterclaim, Defendant Microsoft Corporation be

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awarded a declaration that it has not willfully infringed and is not

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willfully infringing U.S. Patent No. 6,349,295;
(4)

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On its Second Counterclaim, Defendant Dell Inc. be awarded a

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declaration that it has not infringed and is not infringing U.S. Patent

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No. 6,349,295;
(5)

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On its Second Counterclaim, Defendant Hewlett-Packard Company

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be awarded a declaration that it has not infringed and is not infringing

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U.S. Patent No. 6,349,295;
(6)

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Defendants Microsoft Corporation’s, Dell Inc.’s, and Hewlett-Packard

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Company’s First Counterclaims for Invalidity are dismissed without

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prejudice to Defendants’ asserting such counterclaims in the event

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this matter is remanded for any reason, including for further

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consideration; and
(7)

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Defendants Microsoft Corporation, Dell Inc., and Hewlett-Packard

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Company, as prevailing parties, recover costs from Plaintiff in the

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amount of __________________.

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The Clerk is directed to enter this Judgment.

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DATED:

05/06

, 2011
Hon. Philip S. Gutierrez
United States District Judge

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-2Case No. 09 CV-7514 PSG (PJWx)
1746948

[PROPOSED] FINAL JUDGMENT