Unwired Planet, LLC v. Google, Inc.

Filing 472

Partial Final Judgment and Stay (see attached). Clerk directed to enter this judgment and administratively close the case. Signed by Judge Miranda M. Du on 8/5/15. (Copies have been distributed pursuant to the NEF - JC)

Case 3:12-cv-00504-MMD-VPC Document 471 Filed 08/05/15 Page 1 of 6

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Theodore Stevenson III (pro hac vice)
2 Texas State Bar No. 19196650
[e-mail]
3 MCKOOL SMITH, P.C.
300 Crescent Court, Suite 1500
4 Dallas, Texas 75201
Telephone: [phone]
5 Fax: [phone]
6 Kevin Burgess (pro hac vice)
Texas State Bar No. 24006927
7 [e-mail]
Pierre Hubert (pro hac vice)
8 Texas State Bar No. 24002317
[e-mail]
9 MCKOOL SMITH, P.C.
300 W. 6th St., Suite 1700
10 Austin, Texas 78701
Telephone: [phone]
11 Fax: [phone]
12 Michael D. Rounds
Nevada State Bar No. 4734
13 [e-mail]
Adam K. Yowell
14 Nevada State Bar No. 11748
[e-mail]
15 WATSON ROUNDS
5371 Kietzke Lane
16 Reno, Nevada 89511-2083
Telephone: [phone]
17 Fax: [phone]
18 Attorneys for Plaintiff
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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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UNWIRED PLANET LLC, a Nevada
22 limited liability company,
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Plaintiff,
v.

25 GOOGLE INC., a Delaware corporation,
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Defendant.

Case No. 3:12-cv-00504-MMD-VPC
STIPULATION AND PROPOSED
PARTIAL FINAL JUDGMENT UNDER
FED. R. CIV. P. 54(B) AND STAY OF
CASE ACTIVITY

Case 3:12-cv-00504-MMD-VPC Document 471 Filed 08/05/15 Page 2 of 6

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WHEREAS, pursuant to Federal Rule of Civil Procedure 54(b), Plaintiff Unwired Planet
LLC (“Unwired Planet”) and Defendant Google Inc. (“Google”) (collectively with Unwired
Planet, the “Parties”) stipulate to entry of partial final judgment under Rule 54(b), and a stay of
case activity pending the resolution of any appeal by Unwired Planet;
WHEREAS, the Court previously stayed litigation as to United States Patent Nos.
7,024,205, 7,203,752, and 7,463,151 (collectively, the “Stayed Patents”) on January 27, 2014,
Dkt. 233, pending inter partes review and covered business method review by the U.S. Patent
and Trademark Office (the “PTO”);
WHEREAS, the Parties previously stipulated to judgment of noninfringement of United
States Patent Nos. 6,292,657, 6,895,240, 6,944,760, 6,684,087, and 6,662,016 (collectively, the
“Asserted Patents”) under the Court’s claim construction order as set forth in Dkt. 464 on March
26, 2015;
WHEREAS, the Court granted the Parties’ stipulation set forth in Dkt. 464 on March 27,
2015, Dkt. 466;
WHEREAS, the Court granted Google’s motion for summary judgment of invalidity of
United States Patent No. 6,292,657 on March 27, 2015, Dkt. 465;
WHEREAS, the Court granted-in-part Google’s motion for summary judgment of
invalidity of United States Patent No. 6,684,087 on May 26, 2015, Dkt. 470;
WHEREAS, Unwired Planet’s claims for infringement of United States Patent Nos.
7,035,647 and 7,203,752 have been dismissed without prejudice, and Google’s counterclaims as
to United States Patent Nos. 7,035,647 and 7,203,752 remain pending, Dkt. 451;
WHEREAS, Unwired Planet’s claim for infringement and Google’s counterclaim for a
declaratory judgment of non-infringement of United States Patent No. 6,654,786 have been
dismissed with prejudice, and Google’s counterclaim for a declaratory judgment of invalidity of
United States Patent No. 6,654,786 has been dismissed without prejudice, Dkt. 371;
WHEREAS, the PTO has found all asserted claims of the Stayed Patents to be
unpatentable;

Case 3:12-cv-00504-MMD-VPC Document 471 Filed 08/05/15 Page 3 of 6

WHEREAS, Unwired Planet has filed notices of appeal from certain of the PTO’s final

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written decisions regarding U.S. Patent No. 7,024,205 and 7,203,752;
WHEREAS, Unwired Planet has not filed a notice of appeal from the PTO’s final written

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decisions regarding U.S. Patent No. 7,463,151 and its deadline for doing so has expired;
WHEREAS, entering partial final judgment under Rule 54(b) now will allow the parties

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to forgo further litigation in this Court, while preserving Unwired Planet’s right to appeal the
Court’s claim construction and invalidity summary judgment orders;
WHEREAS, the Parties respectfully request that the Court determine that there is no just

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reason for delay and enter partial final judgment pursuant to Federal Rule of Civil Procedure
54(b) to conserve judicial resources and to avoid the time and expense of further discovery and
motion practice;
WHEREAS, consistent with the judicial economy that is promoted by the entry of such a

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partial final judgment pursuant to Federal Rule of Civil Procedure 54(b), the Parties propose that
the Court stay all case activity and indefinitely extend all case deadlines until any appeal is
finally resolved;
WHEREAS, upon entry of partial final judgment pursuant to Federal Rule of Civil

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Procedure 54(b), Unwired Planet intends to file a notice of appeal of the Court’s partial final
judgment; and
WHEREAS, in the event that the Federal Circuit dismisses Unwired Planet’s appeal as

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premature, Unwired Planet reserves the right (which Google does not contest) to undertake
further proceedings in this Court on remand to complete the record for appeal,
NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED by the Parties,

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subject to the approval of the Court, that the proposed judgment attached hereto as Exhibit A
should be entered.
///
///

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-228

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Dated: August 5, 2015

Respectfully submitted,
WATSON ROUNDS
/s/ Michael D. Rounds
Michael D. Rounds
Nevada State Bar No. 4734
[e-mail]
Adam K. Yowell
Nevada State Bar No. 11748
[e-mail]
WATSON ROUNDS
5371 Kietzke Lane
Reno, Nevada 89511
Telephone: [phone]
Fax: [phone]
Theodore Stevenson III (pro hac vice)
Texas State Bar No. 19196650
[e-mail]
MCKOOL SMITH, P.C.
300 Crescent Court, Suite 1500
Dallas, Texas 75201
Telephone: [phone]
Fax: [phone]
Kevin Burgess (pro hac vice)
Texas State Bar No. 24006927
[e-mail]
Pierre Hubert (pro hac vice)
Texas State Bar No. 24002317
[e-mail]
MCKOOL SMITH, P.C.
300 W. 6th St., Suite 1700
Austin, Texas 78701
Telephone: [phone]
Fax: [phone]
ATTORNEYS FOR PLAINTIFF
UNWIRED PLANET LLC

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DICKINSON WRIGHT PLLC

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/s/ John P. Desmond
John P. Desmond
Nevada State Bar No.5618
[e-mail]
DICKINSON WRIGHT PLLC
100 West Liberty Street, Suite 940
Reno, Nevada 89501
Telephone: [phone]
Fax: [phone]
-3-

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Gregory P. Stone (pro hac vice)
[e-mail]
Peter E. Gratzinger (pro hac vice)
[e-mail]
Adam R. Lawton (pro hac vice)
[e-mail]
MUNGER, TOLLES & OLSON LLP
355 South Grand Avenue, 35th Floor
Los Angeles, California 90071-1560
Telephone: [phone]
Fax: [phone]
Peter A. Detre (pro hac vice)
[e-mail]
Eric K. Chiu (pro hac vice)
[e-mail]
MUNGER, TOLLES & OLSON LLP
560 Mission Street
San Francisco, California 94105-2907
Telephone: [phone]
Fax: [phone]

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ATTORNEYS FOR DEFENDANT
GOOGLE INC.

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-428

Case 3:12-cv-00504-MMD-VPC Document 471 Filed 08/05/15 Page 6 of 6

CERTIFICATE OF SERVICE

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Pursuant to FRCP 5(b), I certify that I am an employee of Watson Rounds, and that on
this date a true and correct copy of the foregoing document, STIPULATION AND
PROPOSED PARTIAL FINAL JUDGMENT UNDER FED. R. CIV. P. 54(B) AND STAY
OF CASE ACTIVITY, will be served upon counsel of record via electronic mail through the
United States District Court’s CM/ECF system.
Dated: August 5, 2015

/s/ Jeff Tillison
An Employee of Watson Rounds

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-528

Case 3:12-cv-00504-MMD-VPC Document 471-1 Filed 08/05/15 Page 1 of 2

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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UNWIRED PLANET LLC, a Nevada
limited liability company,

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Plaintiff,

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Case No. 3:12-cv-00504-MMD-VPC

[PROPOSED] PARTIAL FINAL
JUDGMENT AND STAY
v.

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GOOGLE INC., a Delaware corporation,
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Defendant.

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IT IS HEREBY ORDERED, ADJUDGED, AND DECREED as follows:
1.

JUDGMENT of non-infringement of United States Patent Nos. 6,292,657,

6,895,240, 6,944,760, 6,684,087, and 6,662,016 (pursuant to the Parties’ stipulation set forth in
Dkt. 464, which was granted in Dkt. 466), and invalidity of claim 16 of United States Patent No.
6,292,657 and claims 17 and 31 of United States Patent No. 6,684,087 (pursuant to the Court’s
summary judgment orders in Dkt. 465 and Dkt. 470) is entered pursuant to Federal Rule of Civil
Procedure 54(b) in favor of Google.
2.

The Court dismisses with prejudice Unwired Planet’s claim of infringement of U.S.

Patent No. 7,463,151.
3.

The Court dismisses without prejudice Google’s unadjudicated counterclaims for

declaratory judgments of invalidity of United States Patent Nos. 6,292,657, 6,895,240,

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6,944,760, 6,684,087, 6,662,016, and 7,463,151. Those counterclaims may be reinstated in the
event this matter is remanded for any reason, including for further consideration.
4.

The Court expressly finds that there is no just reason for delay of entry of judgment

pursuant to Federal Rule of Civil Procedure 54(b).
5.

The Court will not make a determination as to the prevailing party in this case, and

the time limits to file a bill of costs or file a motion for attorney’s fees shall not begin to run,
until such time as final judgment is entered as to all claims.
6.

Unwired Planet’s claim as to U.S. Patent No. 7,024,205 and Google’s

counterclaims as to U.S. Patent Nos. 7,024,205, 7,035,647, and 7,203,752 remain pending. All
case activities that remain pending are hereby STAYED until such time as the Court, on its own
motion or upon motion of either party, seeks to lift the stay.
7.

The Clerk is directed to enter this judgment and administratively close the case.

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August 5, 2015
DATED: ____________________

_____________________________
Honorable Miranda M. Du
United States District Judge

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