SmartMetric Inc. v. American Express Company

Filing 24

JUDGMENT by Judge Jacqueline H. Nguyen. The Clerk is directed to enter judgment of non-infringement in this action for Defendant American Express Company and against Plaintiff SmartMetric, Inc. (MD JS-6, Case Terminated). (bp)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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WESTERN DIVISION

J S -6

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6 SMARTMETRIC, INC., a Nevada
Corporation,
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Plaintiff,
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vs.
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AMERICAN EXPRESS COMPANY, a New
10 York Corporation,
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CASE NO. 2:10-cv-09371-JHN-FMOx

[PROPOSED] JUDGMENT

Defendant.

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AND RELATED COUNTERCLAIMS

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Upon due consideration of the parties' written submissions, and in light of the Court's

15 claim constructions and the parties' subsequent stipulations and joint request for entry of
16 judgment, the Court hereby Orders, Adjudges, and Rules as follows:
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1.

The Clerk is directed to enter judgment of non-infringement in this action for

18 Defendant American Express Company and against Plaintiff SmartMetric, Inc.
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2.

This judgment of non-infringement is based on the Court's construction of certain

20 of the disputed phrases of the asserted claims of the '464 patent, namely "insertion of said data
21 card into said data card reader," or "plurality of network service providers," or both, and the
22 parties' stipulation that Defendant’s ExpressPay system and/or methods of using this system have
23 not infringed and do not infringe the '464 patent under the Court’s construction.
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3.

All of Defendant American Express Company's defenses and counterclaims are

25 hereby dismissed, without prejudice.
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4.

The parties shall bear their own fees and costs in connection with this action,

27 including attorney fees.
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[PROPOSED] JUDGMENT

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5.

The Clerk shall promptly enter this final judgment and close the case.

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3 SO ORDERED, this 20th

day of June , 2011

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Honorable Jacqueline H. Nguyen
United States District Judge

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-2[PROPOSED] JUDGMENT