Opinion
Case No. 2:13-cv-03560-ODW(SHx)
01-09-2015
MYMEDICALRECORDS, INC., Plaintiff, v. JARDOGS, LLC; ALLSCRIPTS HEALTHCARE SOLUTIONS, INC., Defendant.
FINAL JUDGMENT
WHEREAS, Plaintiff MyMedicalRecords, Inc. contended that Defendant Allscripts Healthcare Solutions, Inc. infringes claims 1-3 of U.S. Patent No. 8,498,883 ("the Asserted Claims of the '883 patent") and claims 8-12 of U.S. Patent No. 8,301,466 ("the Asserted Claims of the '466 Patent"), and that Defendant Jardogs, LLC, n/k/a Empty Jar, LLC, infringes the Asserted Claims of the '466 Patent;
WHEREAS, on November 17, 2014, Defendant Allscripts Healthcare Solutions, Inc. filed a Motion for Summary Judgment that the Asserted Claims of the '883 Patent are invalid as indefinite under 35 U.S.C. § 112 ("Motion for Summary Judgment," ECF No. 91 in Case No. 2:13-cv-00631);
WHEREAS, on December 22, 2014, the Court issued an order granting the Motion for Summary Judgment and holding that the Asserted Claims of the '883 Patent are invalid as indefinite under 35 U.S.C. § 112 (ECF No. 108);
WHEREAS, on November 17, 2014, Defendants Jardogs, LLC and Allscripts Healthcare Solutions, Inc. filed a Motion for Judgment on the Pleadings that the Asserted Claims of the '466 Patent are invalid as unpatentable under 35 U.S.C. § 101 ("Motion for Judgment on the Pleadings," ECF No. 90 in Case No. 2:13-cv-00631);
WHEREAS, on December 23, 2014, the Court issued an order granting the Motion for Judgment on the Pleadings and holding that the Asserted Claims of the '466 Patent are invalid as unpatentable under 35 U.S.C. § 101 (ECF No. 109); and,
WHEREAS, in view of the Court's Orders, final judgment should be entered. IT IS HEREBY ORDERED AND ADJUDGED THAT:
1. The Asserted Claims of the '883 Patent are invalid as indefinite under 35 U.S.C. § 112;
2. The Asserted Claims of the '466 Patent are invalid as unpatentable under 35 U.S.C. § 101;
3. Final judgment is entered in favor of Defendants Jardogs, LLC and Allscripts Healthcare Solutions, Inc.;
4. Plaintiff MyMedicalRecords, Inc. takes nothing from Defendants Jardogs, LLC or Allscripts Healthcare Solutions, Inc.;
5. Pursuant to L.R. 54-1, Defendants Jardogs, LLC and Allscripts Healthcare Solutions, Inc. are the prevailing parties in this action, and Defendants' costs shall be taxed against Plaintiff;
6. Pursuant to L.R. 54-2 and L.R. 54-10, any motions or applications for costs or attorneys' fees shall be served and filed within fourteen (14) days after the entry of this Final Judgment; and,
7. The case is dismissed with PREJUDICE and the Clerk of Court shall close this case.
IT IS SO ORDERED.
January 9, 2015
/s/_________
OTIS D. WRIGHT, II
UNITED STATES DISTRICT JUDGE