`
`MICHELLE L. MARRIOTT (pro hac vice)
`michelle.marriott@eriseip.com
`ERIC A. BURESH (pro hac vice)
`eric.buresh@eriseip.com
`MARK C. LANG (pro hac vice)
`mark.lang@eriseip.com
`CHRIS R. SCHMIDT (SBN 298761)
` chris.schmidt@eriseip.com
`ERISE IP, P.A.
`7015 College Blvd, Suite 700
`Overland Park, Kansas 66211
`Telephone: 913.777.5600
`Facsimile: 913.777.5601
`
`Stephen S. Smith
`Law Offices of Stephen S. Smith, P.C.
`303 North Glenoaks Blvd., Suite 200
`Burbank, CA 91502
`Phone: (310)955-5824
`
`Attorneys for Ubisoft, Inc.
`
`
`UNITED STATES DISTRICT COURT
`CENTRAL DISTRICT OF CALIFORNIA
`SOUTHERN DIVISION
`
`
`UNILOC 2017 LLC,
`Plaintiff,
`
`v.
`INFOR, Inc.,
`
`Defendant.
`________________________________
`UBISOFT, INC.
`
`Plaintiff,
`
`v.
`UNILOC 2017, LLC,
`Defendant.
`
`
`CASE NO. 8:19-cv-01150-DOC-KES
`(CONSOLIDATED)
`
`UBISOFT, INC.’S NOTICE OF
`MOTION AND MOTION FOR
`JUDGMENT ON THE PLEADINGS
`PURSUANT TO FED. R. CIV. P. 12(C)
`
`Judge: Hon. David O. Carter
`Date Filed: November 23, 2020
`Hearing Date: December 21, 2020
`Time: 8:30 AM
`Location: Ronald Reagan Federal
` Building, Courtroom 9D
`
`
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`UBISOFT’S NOTICE OF MOTION AND MOTION FOR JUDGMENT ON THE PLEADINGS
`
`
`
`
`Case 8:19-cv-01150-DOC-KES Document 67 Filed 11/23/20 Page 2 of 3 Page ID #:1094
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`TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
`NOTICE IS HEREBY GIVEN that, pursuant to Federal Rule of Civil Procedure
`12(c), on December 21, 2020, or as soon thereafter as the matter may be heard, in
`Courtroom 9D by the Honorable David O. Carter of the United States District Court for
`the Central District of California, located at 411 West 4th Street, Santa Ana, California
`92701, Counter Defendant Ubisoft, Inc. (“Ubisoft”) will, and hereby does, move for an
`order granting judgment on the pleadings on Counter Plaintiff Uniloc 2017, LLC’s
`(“Uniloc”) claims with prejudice.
`This motion is brought pursuant to Federal Rule of Civil Procedure 12(c).
`Uniloc’s counterclaims for infringement of U.S. Patent Nos. 6,324,578 and 7,069,293
`(the “Asserted Patents”) are barred as a matter of law by the doctrine of claim preclusion
`and the Kessler doctrine. More specifically, Uniloc’s allegations of infringement against
`Ubisoft accuse a Content Delivery Network provided by Akamai Technologies, Inc. of
`performing limitations of the asserted claims. Uniloc previously sued Akamai
`Technologies, Inc. for infringement of the Asserted Patents, accusing Akamai’s Content
`Delivery Network of infringement. That lawsuit was dismissed with prejudice, and
`operates as an adjudication on the merits. Accordingly, Uniloc’s claims for infringement
`in this case are barred as a matter of law by the doctrine claim preclusion and the Kessler
`doctrine, and Ubisoft respectfully requests that its motion for judgment on the pleadings
`be granted.
`This motion is made following the conference of counsel pursuant to L.R. 7-3
`which took place on November 16, 2020. Counsel for Uniloc, Jim Foster, stated that
`Uniloc opposes the present motion.
`
`
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`2
`UBISOFT’S NOTICE OF MOTION AND MOTION FOR JUDGMENT ON THE PLEADINGS
`
`
`
`
`
`
`Case 8:19-cv-01150-DOC-KES Document 67 Filed 11/23/20 Page 3 of 3 Page ID #:1095
`
`Dated: November 23, 2020
`
`
`
`
`
`
`
`/s/Michelle L. Marriott
`Michelle L. Marriott (pro hac vice)
`michelle.marriott@eriseip.com
`Eric A. Buresh (pro hac vice)
`eric.buresh@eriseip.com
`Mark C. Lang (pro hac vice)
`mark.lang@eriseip.com
`Chris R. Schmidt (SBN 298761)
`chris.schmidt@eriseip.com
`ERISE IP, P.A.
`7015 College Blvd., Suite 700
`Overland Park, KS 66211
`Phone: (913)777-5600
`Fax: (913)777-5601
`
`Stephen S. Smith (SBN 166539)
`ssmith@stephensmithlaw.com
`LAW OFFICES OF STEPHEN S. SMITH, P.C.
`303 North Glenoaks Blvd., Suite 200
`Burbank, CA 91502
`Phone: (310)955-5824
`Fax: (310)955-5824
`
`Attorneys for Ubisoft, Inc.
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`Respectfully submitted,
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`
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`
`3
`UBISOFT’S NOTICE OF MOTION AND MOTION FOR JUDGMENT ON THE PLEADINGS
`
`
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`
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