Guardian Media Technologies, Ltd. v. Amazon.com, Inc. et al

Filing 205

FINAL JUDGMENT by Judge Philip S. Gutierrez, in favor of Amazon.Com Inc, Best Buy Co Inc, Costco Wholesale Corp, Sears Roebuck and Co, Target Corp, Wal-Mart Stores Inc against Guardian Media Technologies Ltd: IT IS HEREBY ORDERED, ADJUDGED, and DE CREED THAT: 1. Summary judgment of non-infringement of U.S. Patent Nos. 4,930,158 and 4,930,160 is granted to Defendants. 2. Defendants' Counterclaims for Invalidity and Non-Infringement of U.S. Patent No. 4,930,158 and U.S. Patent No. 4,930,16 0 are dismissed without prejudice, pursuant to Rule 41(a)(2) of the Federal Rules of Civil Procedure. 3. Defendants Counterclaims shall be fully reinstated upon remand, if any, from any appeal by Guardian. 4. Neither Guardian nor any Defendant waives any arguments they may have on appeal, and they expressly reserve all such issues. 5. This dismissal of Defendants' Counterclaims is not subject to the "two dismissal rule" of Rule 41(a)(1) of the Federal Rules of Civil Procedure, which provides that a second dismissal operates as an adjudication on the merits. (MD JS-6, Case Terminated). (bm)

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E-FILED 5/6/15
JS-6

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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GUARDIAN MEDIA
TECHNOLOGIES, LTD.,

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Plaintiff,
v.
AMAZON.COM, INC., et al.

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Defendants.

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la-1285074

Case No. 2:13-cv-08369 PSG (PLAx)
[PROPOSED] FINAL JUDGMENT

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The Court hereby enters final judgment against Plaintiff Guardian Media

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Technologies, Ltd. and in favor of Defendants Amazon.com, Inc., Best Buy Co.,

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Inc., Costco Wholesale Corp., Sears, Roebuck and Co., Target Corp., and Wal-Mart

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Stores, Inc. (“Defendants”) as set forth below:

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IT IS HEREBY ORDERED, ADJUDGED, and DECREED THAT:

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1.

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Summary judgment of non-infringement of U.S. Patent Nos. 4,930,158

and 4,930,160 is granted to Defendants.
2.

Defendants’ Counterclaims for Invalidity and Non-Infringement of

U.S. Patent No. 4,930,158 and U.S. Patent No. 4,930,160 are dismissed without
prejudice, pursuant to Rule 41(a)(2) of the Federal Rules of Civil Procedure.
3.

Defendants’ Counterclaims shall be fully reinstated upon remand, if

any, from any appeal by Guardian.
4.

Neither Guardian nor any Defendant waives any arguments they may

have on appeal, and they expressly reserve all such issues.
5.

This dismissal of Defendants’ Counterclaims is not subject to the “two

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dismissal rule” of Rule 41(a)(1) of the Federal Rules of Civil Procedure, which

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provides that a second dismissal operates as an adjudication on the merits.

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IT IS SO ORDERED.

5/4/15
Dated: April ____, 2015

______________________________
Honorable Philip S. Gutierrez
United States District Judge

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la-1285074