Triton Tech of Texas, LLC v. Nintendo of America Inc. et al

Filing 155

ORDER by Judge Richard A Jones. In light of the parties' joint statement, the court finds no reason to delay entry of judgment. For the reasons stated in the June 4 order, it finds the asserted claims of the patent-in-suit to be indefinite, and thus invalid. The court directs the clerk to dismiss this case with prejudice, and to enter judgment for Defendant. (CL)

HONORABLE RICHARD A. JONES

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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TRITON TECH OF TEXAS, LLC,
Plaintiff,

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ORDER

v.
NINTENDO OF AMERICA, INC.,
Defendant.

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NO. C13-157RAJ

The court has considered the parties’ joint statement in response to the court’s

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June 4 order. In that order, the court found each of the asserted claims of the patent-in-

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suit to be indefinite. It observed, however, that no party had actually requested that the

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court dismiss the case. The court requested further input from the parties.

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Defendant asks the court to dismiss the case with prejudice and enter judgment

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accordingly. That is precisely the relief the court would have awarded in its June 4 order,

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had Defendant requested it.

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Plaintiff’s position is unusual. It contends that the June 4 order left nothing to be

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decided, and that it is therefore an appealable judgment. At the same time, however, it

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contends that the court should stay this case (despite the court’s alleged entry of an

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appealable judgment) so that it can appeal. Plaintiff has not asked for entry of judgment,

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and the court disagrees that its June 4 order is the equivalent of a judgment. The court is

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aware of no basis for a stay.

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ORDER – 1

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In light of the parties’ joint statement, the court finds no reason to delay entry of

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judgment. For the reasons stated in the June 4 order, it finds the asserted claims of the

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patent-in-suit to be indefinite, and thus invalid. The court directs the clerk to dismiss this

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case with prejudice, and to enter judgment for Defendant.

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DATED this 27th day of June, 2013.

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A

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The Honorable Richard A. Jones
United States District Court Judge

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ORDER – 2