Internet Patents Corporation v. Tree.com Inc.

Filing 44

ORDER OF DISMISSAL. Signed by Judge JEFFREY S. WHITE on 10/25/13. (jjoS, COURT STAFF) (Filed on 10/25/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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INTERNET PATENTS CORPORATION,

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For the Northern District of California

United States District Court

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Plaintiff,

No. C 12-06505 JSW

v.
TREE.COM, INC.,

ORDER OF DISMISSAL

Defendant.
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In a related matter pending before this Court, Case No. 12-5036 JSW, the Court

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dismissed the suit based on the finding that Plaintiff’s claims fail as a matter of law because the

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asserted patent, United States Patent No. 7,707,505 (“the ’505 Patent”) entitled “Dynamic Tabs

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for a Graphical User Interface” is invalid under 35 U.S.C. § 101 for lack of patent-eligible

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subject matter. On October 24, 2013, Plaintiff in that matter noticed its appeal of that decision.

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It “is the duty of the court to dismiss a patent infringement suit whenever it appears that

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the patent is invalid.” Barkeij v. Lockheed Aircraft Corp., 201 F.2d 1, 2 (9th Cir. 1954)

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(citations omitted). Accordingly, this Court issued an order to show cause to Plaintiff as to why

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this related matter premised upon the same patent should not be dismissed. In response, the

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Court received essentially an improper motion for reconsideration of its opinion re invalidity.

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The Court finds the response to the order to show cause unpersuasive. This matter is dismissed

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as it is premised upon the assertion of a patent the Court has determined to be invalid.

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IT IS SO ORDERED.
Dated:

October 25, 2013
JEFFREY S. WHITE
UNITED STATES DISTRICT JUDG

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For the Northern District of California

United States District Court

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