DSS Technology Management, Inc. v. Apple, Inc.

Filing 447

JUDGMENT. ***Civil Case Terminated.*** Signed by Judge Haywood S. Gilliam, Jr. on 2/24/2020. (ndrS, COURT STAFF) (Filed on 2/24/2020)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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DSS TECHNOLOGY MANAGEMENT,
INC.,

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CASE NO. 14-cv-05330 HSG
FINAL JUDGMENT

Plaintiff,
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v.

Judge:

Hon. Haywood S. Gilliam, Jr.

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APPLE INC.,
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Defendant.
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FINAL JUDGMENT
CASE NO. 14-CV-05330 (HSG)

Based upon this Court’s January 14, 2020, Order on DSS’s Motion to Amend Infringement

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Contentions and Apple’s Cross-Motion to Strike Expert Report (Dkt. 413, the “Order”), which

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denied Plaintiff DSS Technology Management Inc.’s (“DSS”) motion to amend its infringement

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contentions and granted Defendant Apple Inc.’s (“Apple”) cross-motion to strike the Joint Expert

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Report of Scott A. Denning and Randal H. Direen Regarding Infringement of U.S. Patent Number

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6,128,290 And Other Matters [Dkt. 322-1], DSS and Apple (collectively, the “Parties”) have

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stipulated that Apple is entitled to a judgment of non-infringement of U.S. Patent No. 6,128,290

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(the “’290 patent”) as a matter of law in the above-titled civil case.

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Accordingly, the Court enters Judgment as follows:

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1.

All claims of U.S. Patent No. 5,699,357 have been withdrawn with prejudice
against all of Apple’s products.

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2.

The Parties stipulated to the dismissal of all claims and counterclaims with respect

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to claim 4 of the ’290 patent with prejudice, with all costs, expenses, and attorneys’

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fees with respect to all claims and counterclaims relating to claim 4 borne by the

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party that incurred them.

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3.

As a result of the Court’s Order, DSS has no remaining expert opinions on

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infringement or remaining infringement theories and, therefore, cannot meet its

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burden of proof on infringement at trial on any of claims 1–3 of the ’290 patent

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asserted against the Apple.

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4.

Final judgment of non-infringement of all claims of the ʼ290 patent is entered
against DSS and for Apple, subject to the Parties’ right to appeal.

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5.

All other counterclaims and defenses which have been asserted by Apple, including
Apple’s counterclaim of patent invalidity, are dismissed without prejudice.

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6.

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DSS shall take nothing from Apple with respect to any claims made by DSS
against Apple in the above-titled case.

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/////

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FINAL JUDGMENT
CASE NO. 14-CV-05330 (HSG)

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All other issues raised in any pending motions are preserved in the event an appeal

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results in remand for further proceedings in this Court, and any and all such

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pending motions are hereby denied as moot.

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IT IS SO ORDERED.

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Dated:

2/24/2020

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HAYWOOD S. GILLIAM, JR.

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FINAL JUDGMENT
CASE NO. 14-CV-05330 (HSG)