`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`SEQUOIA TECHNOLOGY, LLC,
`
`Plaintiff,
`
`V.
`
`DELL INC., DELL TECHNOLOGIES INC. and its
`subsidiary EMC CORPORATION (AKA DELL
`EMC),
`
`Defendants.
`
`Plaintiff,
`
`RED HAT, INC.
`
`V.
`
`SEQUOIA TECHNOLOGY, LLC and
`ELECTRONICS AND
`TELECOMMUNICATIONS RESEARCH
`INSTITUTE,
`
`Defendants.
`
`)
`)
`)
`) C.A. No. 18-1127 (LPS) (CJB)
`) (CONSOLIDATED)
`)
`)
`)
`)
`)
`
`)
`)
`)
`)
`) C.A. No. 18-2027 (LPS) (CJB)
`)
`)
`)
`)
`)
`)
`)
`
`[PROPOSED) FINAL JUDGMENT
`
`
`
`Case 1:18-cv-01127-LPS-CJB Document 261 Filed 08/16/21 Page 2 of 3 PageID #: 6883
`
`In accordance with the parties' Joint Motion for Entry of Final Judgment and this Court' s
`
`order granting that motion, and for the reasons stated in the order, it is hereby ORDERED,
`
`ADJUDGED and DECREED as follows:
`
`1.
`
`Judgment is granted in favor of Red Hat, Inc., on its claim for declaratory judgment
`
`of non-infringement of U.S. Patent No. 6,718,436 ("the '436 Patent").
`
`2.
`
`Judgment is granted in favor of Red Hat, Inc., on its claim for declaratory judgment
`
`of invalidity of Claims 8-10 of the '436 Patent under 35 U.S.C. § 101. The remainder of Red Hat,
`
`Inc.'s claim for declaratory judgment of invalidity of claims of the '436 Patent is dismissed
`
`without prejudice.
`
`3.
`
`Judgment is granted in favor of Red Hat, Inc., on Sequoia Technology, LLC
`
`("Sequa ia")' s counterclaim for infringement of the '4 3 6 Patent.
`
`4.
`
`Judgment is granted in favor of International Business Machines Corp. on
`
`Sequoia' s counterclaim for infringement of the '436 Patent.
`
`5.
`
`Judgment is granted in favor of Dell Inc.; Dell Technologies Inc.; and its subsidiary
`
`EMC Corporation (a/k/a Dell EMC) on Sequoia' s claim of infringement of the '436 Patent.
`
`6.
`
`Judgment is granted in favor of Hewlett Packard Enterprise Company on Sequoia's
`
`claim of infringement of the '436 Patent.
`
`7.
`
`Judgment is granted in favor of Hitachi, Ltd. and Hitachi Vantara LLC (formerly
`
`known as Hitachi Vantara Corporation) on Sequoia's claim of infringement of the '436 Patent.
`
`8.
`
`Judgment is granted in favor of Super Micro Computer, Inc. on Sequoia's claim of
`
`infringement of the '436 Patent.
`
`9.
`
`The foregoing Judgment is FINAL and APPEALABLE.
`
`2
`
`
`
`Case 1:18-cv-01127-LPS-CJB Document 261 Filed 08/16/21 Page 3 of 3 PageID #: 6884
`
`10.
`
`This judgment is without prejudice to any and all rights of Sequoia and/or ETRJ to
`
`appeal including, without limitation, their rights to challenge the Court' s Claim Constructions of
`
`"disk partition," "logical volume," "computer-readable recording medium," and any other disputed
`
`claim term on appeal.
`
`Dated:
`
`TATES DISTRJCT JUDGE
`
`3
`
`
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