Rule 54(b) Final Judgment Entered On Indefinite Patents

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Cox Communications Inc., et al. v. Sprint Communications Company, L.P., et al., C.A. No. 12-487 - SLR, August 27, 2015.

Robinson, J.  Request for entry of final judgment is granted.

The Court found patents indefinite through partial summary judgment motion practice.  Patent owner requested entry of judgment under Fed. R. Civ. P. 54(b) in writing and orally.  Accused infringer objected, contending that the request must be made by motion.  The Court disagreed, citing Federal Circuit precedent and reasoning that accused infringer had the opportunity to respond already.  The parties are ordered to submit a proposed order.

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