`
`Case 4:16-cv-01730-YGR Document 219 Filed 10/03/19 Page 1 of 2
`
`UNITED STATES DISTRICT COURT
`FOR THE NORTHERN DISTRICT OF CALIFORNIA
`OAKLAND DIVISION
`
`Case No. 4:16-cv-01730-YGR
`
`
`[PROPOSED] JUDGMENT
`
`WINDY CITY INNOVATIONS, LLC
`Plaintiff,
`
`v.
`FACEBOOK, INC.,
`Defendant.
`
`
`
`
`
`WHEREAS Plaintiff Windy City Innovations, LLC ("Windy City") filed a Complaint on June
`2, 2015 in the U.S. District Court for the Western District of North Carolina alleging patent
`infringement against Facebook, Inc. ("Facebook") of U.S. Patent Nos. 8,407,356, 8,458,245,
`8,473,552, and 8,694,657 (Doc. No. 1);
`WHEREAS this action was transferred to the U.S. District Court for the Northern District of
`California on April 6, 2016 (Doc. No. 32);
`WHEREAS the Court stayed this action pending decisions by the Patent Trial and Appeal
`Board (PTAB) with respect to Inter Partes Review petitions filed by Facebook (Doc. No. 76);
`WHEREAS after issuance of Final Written Decisions by the PTAB, and completion of fact
`and expert discovery, the case proceeded as to only U.S. Pat. No. 8,458,245 (the “’245 patent”);
`WHEREAS on February 12, 2018, the Court denied Windy City’s request to substitute or
`otherwise amend its list of asserted claims in light of the PTAB’s decisions;
`WHEREAS the PTAB’s final written decisions concerning the validity of U.S. Patent Nos.
`8,407,356, 8,458,245, 8,473,552, and 8,694,657 is currently on appeal at the Federal Circuit;
`WHEREAS on September 24, 2019, the Court issued an order granting summary judgment as
`to the '245 patent claims 19, 22, 23, 24, and 25 based on lack of subject matter eligibility (Doc. No.
`215);
`
`
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`
`
`
`
`
`
`
`1
`
`[PROPOSED] JUDGMENT
`CASE NO. 4:16-CV-01730-YGR
`
`
`
`Case 4:16-cv-01730-YGR Document 219 Filed 10/03/19 Page 2 of 2
`
`NOW, THEREFORE, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that
`judgment is hereby entered in favor of Facebook and against Windy City.
`IT IS SO ORDERED.
`
`October 3, 2019
`Dated: ______________________
`
`______________________________
`Hon. Yvonne Gonzalez Rogers
`United States District Judge
`
`2
`
`[PROPOSED] JUDGMENT
`CASE NO. 4:16-CV-01730-YGR
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`
`