SmartMetric Inc. v. MasterCard International Incorporated et al

Filing 57

FINAL JUDGMENT by Judge Jacqueline H. Nguyen, Related to: Stipulation to Dismiss Case 56 . IT IS HEREBY ORDERED this 30th day of June, 2011 that final judgmentof non-infringement of the 464 patent by MCs PayPass and VISAs PayWave ishereby entered in favor of Defendants MasterCard International Incorporated andVISA Inc. All claims are therefore dismissed, and Defendants counterclaims aredismissed without prejudice. Each party shall bear its own attorneys fees and costs. (MD JS-6, Case Terminated). (rrey)

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JS-6

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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WESTERN DIVISION

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SMARTMETRIC INC., a Nevada
Corporation,

CASE NO. CV-10-01864-JHN
(FMOx)

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Plaintiff,

FINAL JUDGMENT ORDER

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vs.

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MASTERCARD INTERNATIONAL
INCORPORATED AND VISA INC.,
Delaware Corporations,

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Defendants.

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AND RELATED COUNTERCLAIMS

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WHEREAS on May 18, 2011, the Court entered an Order regarding claim

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construction concerning disputed terms in the asserted claims of United States

23 Patent No. 6,792,464 (“the ‘464 patent”).
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WHEREAS Plaintiff SmartMetric Inc. (“Plaintiff”) and Defendants

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MasterCard International Incorporated (“MC”) and VISA Inc. (“VISA”) have

27 agreed and stipulated that, subject to their respective rights to appeal the Court’s
28 claim construction, based on the Court’s constructions of two disputed terms of the

1 asserted claims of the ‘464 patent, namely “insertion of said data card into said data
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card reader,” or “plurality of network service providers,” or both, MC’s PayPass

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4 and VISA’s PayWave have not infringed and do not infringe the ‘464 patent.
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IT IS HEREBY ORDERED this 30th day of June, 2011 that final judgment
of non-infringement of the ‘464 patent by MC’s PayPass and VISA’s PayWave is

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8 hereby entered in favor of Defendants MasterCard International Incorporated and
9 VISA Inc. All claims are therefore dismissed, and Defendants’ counterclaims are
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dismissed without prejudice.
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Each party shall bear its own attorneys’ fees and costs.
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Dated: June 30, 2011

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Hon. Jacqueline Nguyen
United States District Judge