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`UNITED STATES DISTRICT COURT
`CENTRAL DISTRICT OF CALIFORNIA
`SOUTHERN DIVISION
`
`XR COMMUNICATIONS, LLC, dba VIVATO
`TECHNOLOGIES,
`
`Case No. 8:17-CV-02948-DOC
`
`Plaintiff,
`
`v.
`
`FINAL JUDGMENT
`
`ASUS COMPUTER INTERNATIONAL,
`ASUSTeK Computer, Inc.
`
`Defendant.
`
`
`
`Case 2:17-cv-02948-AG-JCG Document 46 Filed 04/15/22 Page 2 of 2 Page ID #:597
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`Case No. 2:17-CV-02948 is a patent infringement action brought by Plaintiff XR
`
`Communications, LLC, dba Vivato Technologies (“Vivato”) against Defendant ASUS Computer
`
`International and ASUSTeK Computer, Inc. (“ASUS”).
`
`The Court has jurisdiction over this action pursuant to 28 U.S.C. §§ 1331 and 1338.
`
`The claims asserted by Vivato against ASUS in this case relate to three patents-in-suit: U.S.
`
`Patent No. 7,062,296 (the “’296 patent”); U.S. Patent No. 7,729,728 (the “’728 patent”); and U.S.
`
`Patent No. 6,611,231 (the “’231 patent”).
`
`All asserted claims from the ’296 patent and the ’728 patent were cancelled by the U.S. Patent
`
`Office pursuant to Final Written Decisions of the Patent Trial and Appeal Board in Inter Partes Review
`
`proceedings IPR2018-00725, IPR2018-00726, IPR2018-00763, IPR2018-00764, IPR2018-01017, and
`
`IPR2018-01018. Therefore, all claims relating to those two patents are hereby dismissed.
`
`On January 4, 2022, this Court entered an order (as Dkt. No. 274 in XR Communications, LLC
`
`v. D-Link Systems, Inc. et al., Case No. 8:17-cv-00596-DOC-JDE (Lead Case)) granting ASUS’s
`
`motion for judgment on the pleadings as to all claims relating to the ’231 patent based on collateral
`
`estoppel arising from final judgment of indefiniteness from the Northern District of California (see
`
`Dkt. Nos. 191, 193, 194, XR Communications, LLC v. Ruckus Wireless, 3:18-cv-01992-WHO).
`
`THEREFORE, IT IS ORDERED AND ADJUDGED that: Final judgment is hereby entered in
`
`favor of ASUS and against Vivato on all remaining claims in this case asserted against ASUS.
`
`This final judgment is without prejudice to the Parties’ rights to appeal any past or future
`
`order or judgment in the case or this present judgment. If the final judgment of indefiniteness from
`
`the Northern District of California is vacated or reversed in part or in whole at the Federal Circuit,
`
`the Parties shall be able to renew their respective claims and/or defenses relating to the ’231 patent in
`
`this action.
`
`IT IS SO ORDERED
`
`Date: _________________, 2022
`April 15
`
`__________________________________
`Honorable David O. Carter
`1
`United States District Judge
`
`
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