Cited by

NETAIRUS TECHNOLOGIES, LLC, a California limited liability company, Plaintiff, v. APPLE INC., a California corporation, Defendant. APPLE INC., a California corporation, Counter-Claimant,

John A. Kronstadt

FINAL JUDGMENT
JS-6

FINAL JUDGMENT

A jury trial commenced in this action on November 12, 2013. ECF No. 628. On November 25, 2013, the parties waived their rights to a unanimous verdict under Federal Rule of Civil Procedure 48, and the jury reached a majority verdict in favor of Defendant Apple Inc. ("Apple") on all matters tried. ECF Nos. 656, 670. Pursuant to Federal Rule of Civil Procedure 58, and in accordance with the jury's verdict, the Court hereby ORDERS, ADJUDGES, DECLARES, AND DECREES that:

1. Apple does not directly infringe claims 3, 7, 9, 10, 11, or 12 of U.S. Patent No. 7,103,380 (the "'380 patent") under 35 U.S.C. § 271(a).

2. Apple does not induce the infringement of claims 3, 7, 9, 10, 11, or 12 of the '380 patent under 35 U.S.C. § 271(b).

3. Claims 3, 7, 9, 10, 11, and 12 of the '380 patent are invalid due to obviousness under 35 U.S.C. § 103.

4. Claims 3, 7, 9, 10, 11, and 12 of the '380 patent are invalid due to lack of written description under 35 U.S.C. § 112.

5. Pursuant to Federal Rule of Civil Procedure 54(d)(1) and 28 U.S.C. § 1920, the Court finds that Apple is the prevailing party in this matter and is entitled to costs consistent herewith. No later than 14 days after entry of this order, Defendant Apple Inc. shall file its Application and Bill of Costs pursuant to Local Rule 54-2.

6. The time for filing a motion for attorneys' fees pursuant to Federal Rule of Civil Procedure 54(d)(2) is set for no later than 15 days after entry of final judgment on all claims and counterclaims in this action.

IT IS SO ORDERED.

____________________


The Honorable John A. Kronstadt


United States District Judge


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Netairus Techs., LLC v. Apple Inc.
(Jan 2, 2014)