Motorola Mobility, Inc. v. Apple, Inc.
Filing
266
ORDER Granting 264 Agreed Motion for Partial Summary Judgment. Signed by Judge Robert N. Scola, Jr on 3/14/2012. (ar2)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF FLORIDA
Case No. 1:10cv023580-Civ-RNS-TEB
MOTOROLA MOBILITY, INC.,
Plaintiff,
JURY TRIAL DEMANDED
v.
APPLE INC.,
Defendant.
APPLE INC.,
Counterclaim Plaintiff,
v.
MOTOROLA, INC. and
MOTOROLA MOBILITY, INC.,
Counterclaim Defendants.
ORDER GRANTING AGREED MOTION FOR
PARTIAL SUMMARY JUDGMENT
THIS MATTER is before the Court upon the parties’ Joint Motion Regarding
U.S. Patent Nos. 6,282,646 (“the ’646 patent”) and 7,380,116 (“the ’116 patent”)
[ECF No. 264].
Upon consideration, and in light of the fact that this Motion is agreed to by both
parties, the Court grants summary judgment of non-infringement in favor of Motorola
Solutions, Inc. (f/k/a Motorola, Inc.) and Motorola Mobility, Inc. (collectively,
“Motorola”) as to the asserted claims of the ’646 and ’116 patents, as construed by the
Court’s Claim Construction Order of December 1, 2011 (“Markman Order”). Apple Inc.
(“Apple”) has acknowledged, and the Court accepts, that the Court’s constructions in the
Markman Order of terms from the ’646 and ’116 patents were case-dispositive as to
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Apple’s causes of action based on the ’646 and ’116 patents because, given those
constructions, Apple cannot establish that Motorola infringed the asserted claims in the
’646 and ’116 patents.
Apple has reserved its right to appeal the Court’s claim
constructions as to the ’646 and ’116 patents.
Motorola’s counterclaims with respect to the ’646 and ’116 patents are dismissed
without prejudice. Motorola has reserved its right to reassert these or other counterclaims
and defenses relating to the asserted patents should Apple’s infringement claims
regarding the asserted patents be revived or reasserted for any reason (including, but not
limited to, modification of the Court’s claim constructions on appeal resulting in a
remand to the district court). Motorola has further reserved its rights to appeal any ruling
that it could otherwise have appealed had this summary judgment of non-infringement of
the ’646 and ’116 patents not been entered.
Accordingly, it is hereby ORDERED and ADJUDGED that this Motion is
GRANTED.
DONE AND ORDERED in chambers in Miami, Florida on March 14, 2012.
ROBERT N. SCOLA, JR.
United States District Judge
Copies to:
Counsel of record
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