Tessera, Inc. v. Toshiba Corporation

Filing 335

FINAL JUDGMENT PURSUANT TO FED. R. CIV. P. 54(B). Signed by Judge Beth Labson Freeman on 3/27/2017. (patentlcsjS, COURT STAFF) (Filed on 3/27/2017)

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1 2 3 UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 SAN JOSE DIVISION 6 7 TESSERA, INC., Plaintiff, 8 TOSHIBA CORPORATION, Defendant. 11 United States District Court Northern District of California FINAL JUDGMENT PURSUANT TO FED. R. CIV. P. 54(B) v. 9 10 Case No. 15-cv-02543-BLF 12 13 This action having come before the Court, and the Court having considered the same, and 14 having granted partial summary judgment in favor of Defendant Toshiba Corporation (“Toshiba”), 15 and denied partial summary judgment in favor of Plaintiff Tessera, Inc. (“Tessera”) on Tessera’s 16 Third Cause of Action (Tessera’s claim for Declaratory Relief Regarding F-μBGA Packages) in 17 its First Amended Complaint, ECF 241, having ordered entry of final judgment in favor of 18 Toshiba on such cause of action, ECF 330, and having found no just reason for delay; now, 19 therefore, 20 IT IS ORDERED, ADJUDGED, AND DECREED that in accordance with the Court’s 21 March 6, 2017 Order Granting Plaintiff Tessera’s Motion for Entry of Final Judgment Under 22 Federal Rule of Civil Procedure 54(b), ECF 330, final judgment is hereby entered in favor of 23 Toshiba and against Tessera on Tessera’s Third Cause of Action (Tessera’s claim for Declaratory 24 Relief Regarding F-μBGA Packages) in its First Amended Complaint based on the Court’s 25 November 7, 2016 summary judgment ruling that the parties’ 1999 license agreement for 26 Tessera’s “Tessera Compliant Chip” technology, as amended in 2002 and again in 2005, is an 27 infringement-based license requiring payment of royalties only if Toshiba practices the claims of 28 unexpired, valid, and enforceable licensed patent(s), ECF 241. 1 IT IS SO ORDERED. 2 3 4 5 Dated: March 27, 2017 ______________________________________ BETH LABSON FREEMAN United States District Judge 6 7 8 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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