Virginia Innovation Sciences, Inc. v. Amazon.com, Inc.

Filing 91

MEMORANDUM OPINION AND ORDER. Signed by District Judge Liam O'Grady on 03/30/2017. (dvanm, )

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF VIRGINIA
ALEXANDRIA DIVISION

VIRGINIA INNOVATION SCIENCES, INC.,

Plaintiff,

Case No. 1:16-CV-00861 (LO-MSN)

v.

AMAZON.COM, INC.,
Defendant.

MEMORANDUM OPINION REGARDING THE COURT'S ENTRY OF JUDGMENT

PURSUANT TO FEDERAL RULE OF CIVTL PROCEDURE 54(B) (DKT NO. 74)
AND ORDER CERTIFYING THE JUDGMENT FOR IMMEDIATE APPEAL

On February 9, 2017, the Court issued an Order entering partial judgment of invalidity of
U.S. Patent Nos. 7,899,492, 8,050,711, 8,903,451, 8,948,814, 9,118,794, 8,712,471, 9,286,853,

and 9,355,611 (collectively, the '"492 patent family") and judgment in favor of defendant Ama
zon.com, Inc. ("Amazon") with respect to counts I through VIII of the amended complaint of
plaintiff Virginia Innovation Sciences, Inc. ("VIS"). (Dkt. No. 74.) The Court now issues this

memorandum opinion clarifying its basis for doing so and certifies its invalidity judgment for
appeal to the United States Court of Appeals for the Federal Circuit ("Federal Circuit").
On January 5, 2017, the Court granted Amazon's motion to dismiss VIS's claims assert
ing the '492 patent family based on its finding that the patents failed to claim patent-eligible sub

ject matter under 35 U.S.C. § 101. (Dkt. No. 57.) The same day, in a related case, Virginia Inno
vation Sciences, Inc. v. HTC Corporation, et al, No. l:16-cv-01350 (E.D. Va.) (the "HTC

case"), the Court dismissed VIS's claims related to the '492 patent family on the same ground.