Eolas Technologies Incorporated v. Adobe Systems Incorporated et al

Filing 1383

RESPONSE in Opposition re 1368 Opposed MOTION to Amend/Correct 1354 Judgment Defendants' Response to Plaintiffs' Motion to Correct Judgment Pursuant to Rules 59(e) and 60(a) filed by Amazon.com Inc., Google Inc., J.C. Penney Corporation, Inc., Yahoo! Inc., YouTube, LLC. (Attachments: # 1 Exhibit 1, # 2 Text of Proposed Order)(Reines, Edward)

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ATTACHMENT A IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION EOLAS TECHNOLOGIES INCORPORATED and THE REGENTS OF THE UNIVERSITY OF CALIFORNIA, Plaintiffs, vs. ADOBE SYSTEMS, INC., AMAZON.COM INC., CDW CORPORATION, CITIGROUP INC., THE GO DADDY GROUP, INC., GOOGLE INC., J.C. PENNEY CORPORATION, INC., STAPLES, INC., YAHOO! INC., AND YOUTUBE, LLC., § § § § § § § § § § § § § § § § CASE NO. 6:09-CV-446 Defendants. AMENDED FINAL JUDGMENT The Invalidity and Inequitable Conduct trial was tried in this action with the undersigned presiding, and the jury has reached a verdict regarding invalidity. It is ORDERED that: • Claims 1 and 6 of U.S. Patent No. 5,838,906 are found to be invalid. • Claims 1, 3, 10, 16, 18, 20, 22, 36, 38, 40, and 42 of U.S. Patent No. 7,599,985 are found to be invalid. Accordingly, it is ORDERED, ADJUDGED, AND DECREED that Plaintiffs take nothing from Amazon.com Inc.; Google Inc.; J.C. Penney Corporation, Inc.; Yahoo! Inc.; and YouTube, LLC (“Defendants”) and that all pending motions are DENIED. It is further ORDERED, ADJUDGED, AND DECREED that Plaintiffs’ claims for infringement and damages are dismissed with prejudice based on Defendants’ invalidity affirmative defense and counterclaim, and Defendants’ counterclaims other than for invalidity are hereby dismissed as moot. It is further ORDERED, ADJUDGED, AND DECREED, that Defendants’ costs of court should be taxed against Plaintiffs. The parties are directed to the Standing Order Regarding Bill of Costs on the Court’s website.

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