Virginia Innovation Sciences, Inc. v., Inc.

Filing 91

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

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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, 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. ยง 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.

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