Ameranth, Inc. v. Domino's Pizza, LLC et al

Filing 183

Order Granting Ameranths Motion for Issuance of a Final and Appealable Amended Judgment 177 Motion for Entry of Judgment under Rule 54(b). Signed by Chief District Judge Dana M. Sabraw on 11/18/2021. (zda)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 AMERANTH, INC., Case No.: 12cv0733 DMS (WVG) Plaintiff, 12 13 v. 14 ORDER GRANTING AMERANTH’S MOTION FOR ISSUANCE OF A FINAL AND APPEALABLE AMENDED JUDGMENT DOMINO'S PIZZA, INC. and DOMINO'S PIZZA, LLC 15 Defendants. 16 17 18 This case comes before the Court on Ameranth’s motion for issuance of a final and 19 appealable amended judgment. Defendants filed an opposition to the motion, and Plaintiff 20 filed a reply. 21 Ameranth requests that the Court issue a final judgment in accordance with the 22 Federal Circuit’s November 1, 2019 judgment, and that the final judgment incorporate the 23 Court’s Orders finding this case exceptional and awarding Defendants their attorneys’ fees 24 and costs. Defendants do not object to the issuance of a final judgment that complies with 25 the Federal Circuit’s judgment, but they do object to inclusion of the issues of exceptional 26 case and fees and costs in that final judgment. 27 28 Clearly, the Court must enter an amended judgment in accordance with the Federal Circuit’s opinion. Whether the Court must include in the amended judgment the 1 12cv0733 DMS (WVG) 1 exceptional case finding and the award of fees and costs is hotly disputed, apparently more 2 for tactical reasons than on the merits, but the Court finds no authority preventing it from 3 including those issues. Indeed, this Court granted a similar request in another case. See 4 Digital Empire Limited v. Compal Electronics Inc., Case No. 14cv1688 DMS (KSC), ECF 5 No. 167. Thus, in the interests of finality and the efficient administration of justice, the 6 Court grants Ameranth’s motion and issues the following Amended Judgment: 7 WHEREAS the Patent Trial and Appeal Board and/or the Federal Circuit Court of 8 Appeals has held all claims of U.S. Patent No. 6,384,850 (the "'850 Patent"), all claims 9 other than claim 14 of U.S. Patent No. 6,871,325 (the "'325 Patent"), and all claims of U.S. 10 Patent No. 6,982,733 (the "'733 Patent") patent ineligible and/or invalid, and all appeals of 11 those decisions have been exhausted; 12 WHEREAS the issue of patent eligibility of certain claims of U.S. Patent No. 13 8,146,077 (the "'077 Patent") under 35 U.S.C. §101 (hereinafter "Section 101") was 14 brought before this Court on summary judgment by Domino's Pizza, LLC and Domino's 15 Pizza, Inc. (collectively hereinafter "Domino's"), fully briefed, oral argument heard, and a 16 decision rendered; 17 WHEREAS, on October 11, 2018, the Court issued a Judgment (Doc. No. 66) 18 declaring all asserted claims of the ‘077 Patent (claims 1, 4-9, 11, 13-18) patent ineligible 19 under Section 101 and entering judgment in favor of Domino’s on Domino’s counterclaim 20 for invalidity of Ameranth’s ‘850, ‘325, ‘733, and ‘077 Patents; 21 WHEREAS, on November 1, 2019, the Federal Circuit, Case No. 2019-1141/2019- 22 114, issued a Decision affirming in part and vacating in part the District Court’s Order 23 granting summary judgment, and remanded the matter to the District Court to vacate the 24 October 11, 2018 Judgment with respect to claims 4 and 5 of the ‘077 Patent; 25 WHEREAS, on November 6, 2020, based upon the Court’s October 11, 2018 26 Judgment (Doc. No. 66), Domino’s brought a motion to declare this case exceptional and 27 to award it its fees and costs incurred in the matter under 35 U.S.C. §285 (hereinafter 28 /// 2 12cv0733 DMS (WVG) 1 “Section 285”), and such motion was fully briefed and a decision rendered (Doc. No. 134); 2 and 3 4 WHEREAS, on June 21, 2021, the Court issued an Order (Doc. No. 169) awarding Domino’s fees and costs against Ameranth pursuant to 35 U.S.C. §285, 5 Now, therefore, pursuant to Rule 58 of the Federal Rules of Civil Procedure and in 6 accordance with the Mandate of the Federal Circuit (Doc. No. 108), IT IS HEREBY 7 ORDERED AND ADJUDGED: 8 Domino's motion for summary judgment of unpatentability under Section 101 is 9 granted in part, and claims 1, 6-9, 11, and 13-18 of the '077 Patent, only, are declared patent 10 ineligible under Section 101 as set forth in the Court's Order Granting the Motion For 11 Summary Judgment Of Unpatentability (Doc. No. 1395 in Case No. 11-cv-1810 DMS- 12 WVG). 13 The case is declared exceptional under Section 285 as set forth in the Court’s Order 14 Granting in Part Defendants’ Second Renewed Motion to Declare Case Exceptional (Doc. 15 No. 134). 16 Domino’s is awarded fees and costs in this matter in the total amount of 17 $2,786,185.29 under Section 285, as set forth in the Court’s Order on Domino’s Request 18 for Fees and Costs (Doc. No. 169). 19 Judgment is entered in favor of Domino’s on its counterclaim for patent ineligibility 20 of claims 1, 6-9, 11, and 13-18, only, of the '077 Patent, and on all claims of the ‘850, ‘325, 21 and ‘733 Patents other than claim 14 of the ‘325 Patent. Domino's other counterclaims 22 are dismissed without prejudice. 23 The Clerk of Court shall enter judgment accordingly and close this case. 24 IT IS SO ORDERED. 25 26 27 28 3 12cv0733 DMS (WVG) 1 Dated: November 18, 2021 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 12cv0733 DMS (WVG)

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