Windy City Innovations, LLC v. Facebook, Inc.

Filing 219

JUDGMENT. Signed by Judge Yvonne Gonzalez Rogers on 10/3/2019. (fs, COURT STAFF) (Filed on 10/3/2019)

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UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
OAKLAND DIVISION

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WINDY CITY INNOVATIONS, LLC

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Plaintiff,

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Case No. 4:16-cv-01730-YGR
[PROPOSED] JUDGMENT

v.
FACEBOOK, INC.,

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Defendant.

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WHEREAS Plaintiff Windy City Innovations, LLC ("Windy City") filed a Complaint on June

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2, 2015 in the U.S. District Court for the Western District of North Carolina alleging patent

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infringement against Facebook, Inc. ("Facebook") of U.S. Patent Nos. 8,407,356, 8,458,245,

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8,473,552, and 8,694,657 (Doc. No. 1);

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WHEREAS this action was transferred to the U.S. District Court for the Northern District of
California on April 6, 2016 (Doc. No. 32);

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WHEREAS the Court stayed this action pending decisions by the Patent Trial and Appeal
Board (PTAB) with respect to Inter Partes Review petitions filed by Facebook (Doc. No. 76);

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WHEREAS after issuance of Final Written Decisions by the PTAB, and completion of fact
and expert discovery, the case proceeded as to only U.S. Pat. No. 8,458,245 (the “’245 patent”);

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WHEREAS on February 12, 2018, the Court denied Windy City’s request to substitute or
otherwise amend its list of asserted claims in light of the PTAB’s decisions;

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WHEREAS the PTAB’s final written decisions concerning the validity of U.S. Patent Nos.
8,407,356, 8,458,245, 8,473,552, and 8,694,657 is currently on appeal at the Federal Circuit;

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WHEREAS on September 24, 2019, the Court issued an order granting summary judgment as

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to the '245 patent claims 19, 22, 23, 24, and 25 based on lack of subject matter eligibility (Doc. No.

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215);

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[PROPOSED] JUDGMENT
CASE NO. 4:16-CV-01730-YGR

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NOW, THEREFORE, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that
judgment is hereby entered in favor of Facebook and against Windy City.
IT IS SO ORDERED.

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October 3, 2019
Dated: ______________________

______________________________
Hon. Yvonne Gonzalez Rogers
United States District Judge

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[PROPOSED] JUDGMENT
CASE NO. 4:16-CV-01730-YGR