Leader Technologies Inc. v. Facebook Inc.

Filing 694

Order for Entry of Final Judgment Under Fed.R.Civ.P. 54(b). Signed by Judge Leonard P. Stark on 3/28/11. (ntl)

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I I I IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE LEADER TECHNOLOGIES, INC., a Delaware corporation, I Plaintiff-Counterdefendant, v. ) ) ) ) ) Civil Action No. 08-862-LPS ) ) FACEBOOK, INC., ) a Delaware corporation, ) ) Defendant-Counterclaimant. ) IFftor~ER FOR ENTRY OF FINAL JUDGMENT UNDER FED. R. CIV. P. S4(b) For the reasons discussed at the March 23, 2011 hearing and set forth in papers and I i arguments presented by the parties, and the Court finding that there is no just reason to delay· entry of final judgment as to fewer than all claims, and that there is no unfair prejudice to the parties, IT IS HEREBY ORDERED AND ADJUDGED that final judgment be and is hereby entered pursuant to Federal Rule of Civil Procedure "54(b) on the First Cause of Action in the Complaint for infringement of U.S. Patent No. 7,139,761 and Facebook's counterclaim for declaratory judgment as to invalidity of U.S. Patent No. 7,139,761. This Final Judgment shall include the jury's verdict entered on July 28,2010, the Court's disposition of pre-trial and post­ I 1 I 1 .~ f J I I trial motions, and all findings, rulings, and orders of the Court made before entry of this Final Judgment pertaining to the First Cause of Action and Facebook's counterclaim for declaratory judgment as to invalidity of U.S. Patent No.7, 139,761, including without limitation: in favor of Leader Technologies, Inc. and against Facebook, Inc., that Facebook, Inc. literally infringes Claims 1,4, 7,9, 11, 16,21,23,25,31, and 32 of U.S. Patent No. 7,139,761 ("asserted claims"), that the asserted claims are not invalid due to anticipation or obviousness due to the Swartz, iManage, Hubert, or Ausems prior art references, and that the asserted claims are not indefinite; and in favor of Facebook, Inc. against Leader Technologies, Inc. that Facebook, Inc. does not infringe-the asserted claims under the doctrine ofequivalents, that Facebook does not infringe the asserted claims by contributory infringement or inducement, that Facebook does not control or direct the accused actions of Facebook end users or Facebook employees, that U.S. Provisional Patent Application No. 60/432,255 does not fully disclose each and every element of any asserted claim, and that the asserted claims are invalid under the on-sale bar and prior public use defenses. IT IS FURTHER ORDERED AND DECREED that this Final Judgment under Fed. R. Civ. P. 54(b) does not include Facebook, Inc.'s defense and counterclaim for unenforceability of U.S. Patent No. 7,139,761 based on inequitable conduct. 2

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