Prism Technologies v. Cellco Partnership et al

Filing 299

ORDER - Within two weeks of the date of this order, plaintiff Prism Technologies LLC Inc. shall show cause why these actions should not be dismissed. Defendants shall respond thereto, if necessary, within one week thereafter. Ordered by Senior Judge Joseph F. Bataillon. (LKO)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
PRISM TECHNOLOGIES LLC,
Plaintiff,

8:12CV125

vs.
ORDER
UNITED STATES CELLULAR
CORPORATION,
Defendant.

PRISM TECHNOLOGIES LLC,
Plaintiff,

8:12CV126

vs.
ORDER
CELLCO PARTNERSHIP, d/b/a Verizon
Wireless,
Defendant.

This matter is before the court on its own motion. These actions were stayed
pending resolution of appeals to the United States Court of Appeals for the Federal
Circuit (“Federal Circuit”) in the related cases of Prism Technologies LLC v. Sprint
Spectrum L.P. (“Sprint”), No. 8:12cv123, and Prism Techs. LLC v. T-Mobile USA, Inc.,
No. 8:12cv124 (“T-Mobile”). Those actions have now been resolved against plaintiff
Prism Technologies, Inc. (“Prism”). In Sprint, the Federal Circuit stated:
In the circumstances presented, we conclude that this court’s TMobile decision [696 Fed. Appx. 1014] is properly understood as
covering, and invalidating, all the claims that were the subject of the
district court’s eligibility ruling on summary judgment— which undisputedly
included all four of the claims on which Sprint was held liable to Prism in
this case.

Sprint, No. 12cv123, Filing No. 652, Federal Circuit Opinion at 11; 757 F. App'x 980,
986 (Fed. Cir. 2019), cert. denied, (U.S. June 10, 2019). It appears that the Sprint and
T-Mobile decisions are dispositive of the issues presented in these cases. Accordingly,
IT IS ORDERED:
1.

Within two weeks of the date of this order, plaintiff Prism Technologies

LLC Inc. shall show cause why these actions should not be dismissed.
2.

Defendants shall respond thereto, if necessary, within one week

thereafter.
Dated this 25th day of June, 2019.

BY THE COURT:
s/ Joseph F. Bataillon
Senior United States District Judge