Eolas Technologies Incorporated v. Adobe Systems Incorporated et al

Filing 1405

Joint MOTION to Amend/Correct 1354 Judgment PURSUANT TO RULES 59(e) AND 60(a) by Eolas Technologies Incorporated, The Regents of the University of California. (Attachments: # 1 Text of Proposed Order)(McKool, Mike)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION
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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.
[PROPOSED] 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 are dismissed with prejudice based on Defendants’ invalidity affirmative defense,
and Defendants’ counterclaims other than for invalidity are hereby dismissed without prejudice
as moot.
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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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