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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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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AMERANTH, INC.,

Case No.: 12cv0733 DMS (WVG)
Plaintiff,

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v.

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ORDER GRANTING AMERANTH’S
MOTION FOR ISSUANCE OF A
FINAL AND APPEALABLE
AMENDED JUDGMENT

DOMINO'S PIZZA, INC. and
DOMINO'S PIZZA, LLC

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Defendants.

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This case comes before the Court on Ameranth’s motion for issuance of a final and

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appealable amended judgment. Defendants filed an opposition to the motion, and Plaintiff

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filed a reply.

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Ameranth requests that the Court issue a final judgment in accordance with the

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Federal Circuit’s November 1, 2019 judgment, and that the final judgment incorporate the

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Court’s Orders finding this case exceptional and awarding Defendants their attorneys’ fees

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and costs. Defendants do not object to the issuance of a final judgment that complies with

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the Federal Circuit’s judgment, but they do object to inclusion of the issues of exceptional

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case and fees and costs in that final judgment.

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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
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exceptional case finding and the award of fees and costs is hotly disputed, apparently more

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for tactical reasons than on the merits, but the Court finds no authority preventing it from

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including those issues. Indeed, this Court granted a similar request in another case. See

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Digital Empire Limited v. Compal Electronics Inc., Case No. 14cv1688 DMS (KSC), ECF

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No. 167. Thus, in the interests of finality and the efficient administration of justice, the

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Court grants Ameranth’s motion and issues the following Amended Judgment:

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WHEREAS the Patent Trial and Appeal Board and/or the Federal Circuit Court of

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Appeals has held all claims of U.S. Patent No. 6,384,850 (the "'850 Patent"), all claims

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other than claim 14 of U.S. Patent No. 6,871,325 (the "'325 Patent"), and all claims of U.S.

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Patent No. 6,982,733 (the "'733 Patent") patent ineligible and/or invalid, and all appeals of

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those decisions have been exhausted;

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WHEREAS the issue of patent eligibility of certain claims of U.S. Patent No.

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8,146,077 (the "'077 Patent") under 35 U.S.C. §101 (hereinafter "Section 101") was

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brought before this Court on summary judgment by Domino's Pizza, LLC and Domino's

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Pizza, Inc. (collectively hereinafter "Domino's"), fully briefed, oral argument heard, and a

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decision rendered;

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WHEREAS, on October 11, 2018, the Court issued a Judgment (Doc. No. 66)

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declaring all asserted claims of the ‘077 Patent (claims 1, 4-9, 11, 13-18) patent ineligible

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under Section 101 and entering judgment in favor of Domino’s on Domino’s counterclaim

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for invalidity of Ameranth’s ‘850, ‘325, ‘733, and ‘077 Patents;

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WHEREAS, on November 1, 2019, the Federal Circuit, Case No. 2019-1141/2019-

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114, issued a Decision affirming in part and vacating in part the District Court’s Order

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granting summary judgment, and remanded the matter to the District Court to vacate the

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October 11, 2018 Judgment with respect to claims 4 and 5 of the ‘077 Patent;

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WHEREAS, on November 6, 2020, based upon the Court’s October 11, 2018

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Judgment (Doc. No. 66), Domino’s brought a motion to declare this case exceptional and

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to award it its fees and costs incurred in the matter under 35 U.S.C. §285 (hereinafter

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///
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“Section 285”), and such motion was fully briefed and a decision rendered (Doc. No. 134);

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and

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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,

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Now, therefore, pursuant to Rule 58 of the Federal Rules of Civil Procedure and in

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accordance with the Mandate of the Federal Circuit (Doc. No. 108), IT IS HEREBY

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ORDERED AND ADJUDGED:

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Domino's motion for summary judgment of unpatentability under Section 101 is

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granted in part, and claims 1, 6-9, 11, and 13-18 of the '077 Patent, only, are declared patent

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ineligible under Section 101 as set forth in the Court's Order Granting the Motion For

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Summary Judgment Of Unpatentability (Doc. No. 1395 in Case No. 11-cv-1810 DMS-

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WVG).

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The case is declared exceptional under Section 285 as set forth in the Court’s Order

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Granting in Part Defendants’ Second Renewed Motion to Declare Case Exceptional (Doc.

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No. 134).

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Domino’s is awarded fees and costs in this matter in the total amount of

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$2,786,185.29 under Section 285, as set forth in the Court’s Order on Domino’s Request

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for Fees and Costs (Doc. No. 169).

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Judgment is entered in favor of Domino’s on its counterclaim for patent ineligibility

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of claims 1, 6-9, 11, and 13-18, only, of the '077 Patent, and on all claims of the ‘850, ‘325,

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and ‘733 Patents other than claim 14 of the ‘325 Patent. Domino's other counterclaims

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are dismissed without prejudice.

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The Clerk of Court shall enter judgment accordingly and close this case.

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IT IS SO ORDERED.

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Dated: November 18, 2021

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