Voter Verified, Inc. v. Premier Election Solutions, Inc. et al

Filing 251

JUDGMENT (Signed by Deputy Clerk) (KMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
VOTER VERIFIED, INC.,
Plaintiff,
-vs-

Case No. 6:09-cv-1968-Orl-19KRS

PREMIER ELECTION SOLUTIONS, INC.,
DIEBOLD INCORPORATED,
Defendants.
______________________________________

FINAL JUDGMENT
Pursuant to Rule 58 of the Federal Rules of Civil Procedure and in accordance with the
Court’s previous Orders, Final Judgment is entered as follows:
(1) Final Judgment is entered in favor of Defendants Premier Election Solutions, Inc. and
Diebold Incorporated and against Plaintiff Voter Verified, Inc., on Plaintiff’s claims of infringement
of claims 1-93 of United States Patent No. RE40,449;
(2) Final Judgment is entered in favor of Defendants Premier Election Solutions, Inc. and
Diebold Incorporated and against Plaintiff Voter Verified, Inc. on Plaintiff’s claims of infringement
of United States Patent No. 6,769,613, as such claims were surrendered to the United States Patent
and Trademark Office pursuant to 35 U.S.C. § 251 and therefore cannot be infringed by the
Defendants;
(3) Final Judgment is entered in favor of Defendants Premier Election Solutions, Inc. and
Diebold Incorporated and against Plaintiff Voter Verified, Inc. on Plaintiff’s claim of infringement

of claim 94 of United States Patent No. RE40,449 as such claim 94 is invalid pursuant to 35 U.S.C.
§ 112;
(4) Final Judgment is entered in favor of Defendants Premier Election Solutions, Inc. and
Diebold Incorporated and against Plaintiff Voter Verified, Inc. on Plaintiff’s claim of infringement
of claim 49 of United States Patent No. RE40,449 as claim 49 is invalid pursuant to 35 U.S.C. § 103;
(5) Final Judgment is entered in favor of Plaintiff Voter Verified, Inc. and against Defendant
Premier Election Solutions, Inc. on the counterclaim of Premier Election Solutions, Inc. to the extent
such counterclaim asserted that claims 1-48, 50-84, and 86-92 of United States Patent No. RE40,449
are invalid, Defendant Premier Election Solutions, Inc. having failed to respond to the Motion for
Summary Judgment filed by Plaintiff on this issue;
(6) Defendant Diebold Incorporated’s invalidity counterclaim, (Doc. No. 103 ¶ 8), is
dismissed without prejudice to reassertion with respect to claims 1-48 and 50-93 of United States
Patent No. RE40,449, no objection having been filed to the Order of Court at Docket Number 237,
filed July 29, 2011; and
(7) Defendant Premier Election Solution, Inc.’s invalidity counterclaim, (Doc. No. 16 ¶ 8),
is dismissed without prejudice to reassertion with respect to claims 85 and 93 of United States Patent
No. RE40,449, no objection having been filed to the Order of the Court at Docket Number 237, filed
July 29, 2011.
DONE and ORDERED in Orlando, Florida on August 31 , 2011.

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Copies furnished to:
Counsel of Record

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