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Richard A. Williamson, On Behalf of and As Trustee For At Home v. Citrix Online

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


November 26, 2012

RICHARD A. WILLIAMSON, ON BEHALF OF AND AS TRUSTEE FOR AT HOME BONDHOLDERS' LIQUIDATING TRUST, PLAINTIFF,
v.
CITRIX ONLINE, LLC, ET AL., DEFENDANTS. AND RELATED COUNTERCLAIMS.

The opinion of the court was delivered by: Judge: Hon. A. Howard Matz

JS-6

STIPULATED FINAL JUDGMENT

In the Court's September 4, 2012 Claim Construction Order (ECF No. 353) ("Markman Order"), the Court made the following rulings:

(a) The "distributed learning control module" limitation in claim 8 of U.S. Patent No. 6,155,840 ("the '840 patent") is a means-plus-function claim limitation with the following three functions: "(1) receiving communications transmitted between the presenter and the audience member computer systems, (2) relaying the communications to an intended receiving computer system, and (3) coordinating the operation of the streaming data module";

(b) "there is no structure identified in the specification for the final step of 'coordinating' the operation of the streaming data module" and therefore "[t]he 'distributed learning control module' term is indefinite because the specification fails to disclose a corresponding structure";

(c) the term "graphical display representative of a classroom" in independent claim 1 of the '840 patent means "a pictorial map illustrating an at least partially virtual space in which participants can interact, and that identifies the presenter(s) and the audience member(s) by their locations on the map"; and

(d) the term "first graphical display comprising . . . a classroom region" in independent claim 17 of the '840 patent means "first graphical display comprising: . . . a display region for a pictorial map illustrating an at least partially virtual space in which participants can interact, and that identifies the presenter(s) and the audience member(s) by their locations on the map."

On October 19, 2012, Plaintiff and Defendants made the following stipulations:

(a) None of the Defendants infringe claim 1 of the '840 patent or any of its dependent claims, pursuant to the Court's claim construction rulings set forth above, because, under those rulings, none of the Defendants' accused products includes a "pictorial map illustrating an at least partially virtual space in which participants can interact, and that identifies the presenter(s) and the audience member(s) by their locations on the map."

(b) None of the Defendants are liable for infringement of claim 8 of the '840 patent or any of its dependent claims 9-16, pursuant to the Court's claim construction rulings set forth above, because, under those rulings, claim 8 and its dependent claims have been held invalid as indefinite.

(c) None of the Defendants infringe claim 17 of the '840 patent or any of its dependent claims, pursuant to the Court's claim construction rulings set forth above, because, under those rulings, none of the Defendants accused products includes a "first graphical display comprising: . . . a display region for a pictorial map illustrating an at least partially virtual space in which participants can interact, and that identifies the presenter(s) and the audience member(s) by their locations on the map." (ECF No. 470.) These stipulations were "to facilitate the immediate appeal of the Court's claim construction rulings," limited to "those claim construction rulings that are case dispositive and specifically discussed in [the] stipulation." (Id.) Defendants further stipulated that they would not move for costs and attorneys' fees until after resolution of the contemplated appeal. (Id.) Defendants contend that there are additional grounds for non-infringement and invalidity of all of the claims of the '840 patent, and reserve their right to assert such additional grounds in the event that the appellate court remands the case to the District Court or refuses to hear the merits of the appeal.

On October 22, 2012, the Court vacated all remaining deadlines pending the Court's decision on Plaintiff's Motion for Reconsideration, and ordered the parties to submit a proposed form of judgment pursuant to Fed. R. Civ. P. 58 consistent with the terms of their stipulation. (ECF No. 472.)

On November 8, the Court denied Plaintiff's motion seeking reconsideration of the Court's claim construction rulings. (ECF No. 475.)

In accordance with the above, and good cause having been shown, the Court hereby enters Final Judgment in this matter as follows:

It is hereby ORDERED, ADJUDGED and DECREED that:

1. FINAL JUDGMENT with respect to Plaintiff's claims of infringement of the '840 Patent against WebEx Communications, Inc., Cisco WebEx LLC, and Cisco Systems, Inc. (collectively, "Cisco") is entered against Plaintiff and in favor of Cisco, and Plaintiff shall take nothing of and from its claims of infringement of the '840 Patent against Cisco. All of Cisco's counterclaims are dismissed without prejudice, without waiving Cisco's right to reassert any or all of these claims in this action or another, including but not limited to in the event that the appellate court remands the case to the District Court or refuses to hear the merits of the appeal.

2. FINAL JUDGMENT with respect to Plaintiff's claims of infringement of the '840 Patent against Adobe Systems Incorporated ("Adobe") is entered against Plaintiff and in favor of Adobe, and Plaintiff shall take nothing of and from its claims of infringement of the '840 Patent against Adobe. All of Adobe's counterclaims are dismissed without prejudice, without waiving Adobe's right to reassert any or all of these claims in this action or another, including but not limited to in the event that the appellate court remands the case to the District Court or refuses to hear the merits of the appeal.

3. FINAL JUDGMENT with respect to Plaintiff's claims of infringement of the '840 Patent against Citrix Online, LLC and Citrix Systems, Inc. (collectively, "Citrix") is entered against Plaintiff and in favor of Citrix, and Plaintiff shall take nothing of and from its claims of infringement of the '840 Patent against Citrix. All of Citrix's counterclaims are dismissed without prejudice, without waiving Citrix's right to reassert any or all of these claims in this action or another, including but not limited to in the event that the appellate court remands the case to the District Court or refuses to hear the merits of the appeal.

4. FINAL JUDGMENT with respect to Plaintiff's claims of infringement of the '840 Patent against Microsoft Corporation ("Microsoft") is entered against Plaintiff and in favor of Microsoft, and Plaintiff shall take nothing of and from its claims of infringement of the '840 Patent against Microsoft. All of Microsoft's counterclaims are dismissed without prejudice, without waiving Microsoft's right to reassert any or all of these claims in this action or another, including but not limited to in the event that the appellate court remands the case to the District Court or refuses to hear the merits of the appeal.

5. FINAL JUDGMENT with respect to Plaintiff's claims of infringement of the '840 Patent against International Business Machines Corporation ("IBM") is entered against Plaintiff and in favor of IBM, and Plaintiff shall take nothing of and from its claims of infringement of the '840 Patent against IBM. All of IBM's counterclaims are dismissed without prejudice, without waiving IBM's right to reassert any or all of these claims in this action or another, including but not limited to in the event that the appellate court remands the case to the District Court or refuses to hear the merits of the appeal.

6. The deadline for the parties to seek recovery of costs (including filing a Notice of Application and proposed Bill of Costs) and/or attorneys' fees is extended to thirty (30) days following issuance of the mandate in any appeal from this Final Judgment.

7. Subject to paragraph 6, all claims between the parties have now been resolved. This is a final and appealable judgment.

IT IS SO ORDERED, ADJUDGED, AND DECREED.

Hon. A. Howard Matz United States District Court Judge

Dated: November 26, 2012 /s/ Brett J. Williamson Brett J. Williamson O'Melveny & Myers LLP William C. Norvell, Jr. Beirne, Maynard & Parsons, LLP Attorneys for Plaintiff and Counterdefendant Richard A. Williamson, As Trustee And On Behalf Of At Home Bondholders' Liquidating Trust Dated: November 26, 2012 /s/ Frank E. Scherkenbach Frank E. Scherkenbach Fish & Richardson PC Attorneys for Defendants and Counterclaimants Adobe Systems, Inc., Citrix Online LLC and Citrix Systems, Inc., and Microsoft Corporation Dated: November 26, 2012 /s/ Douglas Kubehl___ Douglas Kubehl Baker Botts L.L.P Attorneys for Defendants and Counterclaimants WebEx Communications, Inc., Cisco WebEx LLC, and Cisco Systems, Inc. Dated: November 26, 2012 /s/ Mark J. Abate Mark J. Abate Gregory S. Bishop Goodwin Procter LLP Attorneys for Defendant and Counterclaimant International Business Machines Corporation

Attestation Pursuant to L.R. 5-4.3.4(a)(2)

I, Brett J. Williamson, attest that all signatories listed and on whose behalf this filing is submitted concur in this filing's content and have authorized this filing.

Dated: November 26, 2012 /s/ Brett J. Williamson Brett J. Williamson

20121126

© 1992-2012 VersusLaw Inc.



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