Ancora Technologies, Inc. v. Apple, Inc.

Filing 122

FINAL JUDGMENT, ***Civil Case Terminated.. Signed by Judge Yvonne Gonzalez Rogers on 4/29/13. (fs, COURT STAFF) (Filed on 4/29/2013)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 11 ANCORA TECHNOLOGIES, INC., Plaintiff, 12 13 APPLE INC., Defendant. APPLE INC., Counterclaim Plaintiff, 16 17 18 [PROPOSED] FINAL JUDGMENT v. 14 15 Case No. CV 11-06357-YGR v. ANCORA TECHNOLOGIES, INC., Counterclaim Defendant. 19 20 21 22 23 24 25 26 27 28 [PROPOSED] FINAL JUDGMENT CASE NO. 11-CV-06357-YGR sf-3274748 1 1 2 FINAL JUDGMENT Pursuant to the Court’s Claim Construction Order construing claim terms of U.S. Patent 3 No. 6,411,941 (the “’941 patent”) and finding that the claims of the ’941 patent are not invalid for 4 indefiniteness under 35 U.S.C. § 112, ¶ 2 with respect to the terms “volatile memory” and “non- 5 volatile memory,” and the Court’s Order Granting Apple Inc.’s Motion for Summary Judgment 6 finding that Apple Inc. has not infringed the ’941 patent, the Court ENTERS FINAL 7 JUDGMENT of: 8 (1) non-infringement of the ’941 patent and 9 (2) non-indefiniteness under 35 U.S.C. § 112, ¶ 2 with respect to the terms “volatile 10 11 memory” and “non-volatile memory.” The Court also DISMISSES without prejudice Apple’s defenses and counterclaims, 12 except for those concerning indefiniteness under § 112, ¶ 2 with respect to the terms “volatile 13 memory” and “non-volatile memory,” subject to Apple’s right to revive those defenses and 14 counterclaims in the event of a remand. 15 16 The parties reserve their rights to challenge any constructions of the disputed claim terms of the ’941 patent on appeal. 17 This is a final, appealable judgment. 18 IT IS SO ORDERED. 19 Dated: April 29, 2013 20 21 ______________________________ Hon. Yvonne Gonzalez Rogers United States District Court Judge 22 23 24 25 26 27 28 [PROPOSED] FINAL JUDGMENT CASE NO. 11-CV-06357-YGR sf-3274748 2

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