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`IN THE UNITED STATES DISTRICT COURT
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`FOR THE DISTRICT OF DELAWARE
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`SOUND VIEW INNOVATIONS, LLC,
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`Plaintiff,
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`v.
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`Civil Action No. 16-116-RGA
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`FACEBOOK, INC.,
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`Defendant.
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`ORDER
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`I now have Plaintiffs "Motion for Vacatur" (D.1. 309) pending before me. This is patent
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`case. I dismissed the asserted claims of Patent No. 8,095,593 for lack of patentable subject
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`matter. (D.I. 47 & 48). I did claim construction and found one asserted claim of Patent No.
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`7,412,486 indefinite (D.1. 100 & 113).
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`The parties settled their differences and filed a stipulation of dismissal on January 8,
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`2018.
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`The motion for vacatur seeks to vacate my claim construction of "receiving message data
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`of a first type containing the contents of a first message over the open message connection," and
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`the decision that the asserted claims of the '593 patent were invalid under § 10 I. Plaintiff says
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`that vacatur is appropriate because Plaintiff should not be penalized for settling the case, when it
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`earlier wanted to appeal my § 101 ruling. Plaintiff says it has saved the Court a lot of effort as a
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`complex case does not have to be tried. It is pretty clear, however, that the parties have settled
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`for their own reasons, presumably because each side regarded the settlement as a better
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`alternative than continued litigation.
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`
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`Case 1:16-cv-00116-RGA Document 312 Filed 01/09/18 Page 2 of 2 PageID #: 12654
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`I have had this issue arise three times before. See Cal/Wave Communications LLC v.
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`AT&T Mobility LLC, No. 12cvl 701-RGA, D.I. 755 (Oct. 10, 2017); Purdue Pharma LP v.
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`Acura Pharmaceuticals Inc., No. 15cv292-RGA, D.I. 63 (May 24, 2016); Al/tech Associates Inc.
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`v. Teledyne Instruments Inc. No. 13cv425-RGA, D.I. 156 (Feb. 12, 2015). So have other judges
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`of this District. See Forest Labs, Inc. v. Teva Pharmaceuticals USA Inc., 2016 WL 3606177
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`(D.Del. May 25, 2016).
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`I will deny the motion, without prejudice to refiling a fully briefed motion. I think I
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`should only grant such a motion if there are exceptional circumstances present. See Cisco
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`Systems, Inc. v. Telcordia Techs, Inc., 590 F.Supp.2d 828, 830 (E.D. Tx. 2008). 1 No such
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`circumstances have been suggested, and none occur to me.
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`The motion for vacatur is DENIED without prejudice.
`IT IS SO ORDERED this _i day of January, 2018.
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`1 In one of the previous times when this issue was raised, the Court of Appeals remanded
`the case for application of "the principles enunciated in United States Bancorp Mortgage Co. v.
`Bonner Mall Partnership, 513 U.S. 18, 29 (1994)." That case states, "exceptional circumstances
`may conceivably counsel in favor of [vacatur]." Id.
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`
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