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- ilnd;;1:07-cv-00623_de723 RegisterActionDate "2013-04-10" @default.
- ilnd;;1:07-cv-00623_de723 RegisterActionDescriptionText "MINUTE entry before Honorable Joan H. Lefkow:Enter Final Judgment. FINAL JUDGMENT with respect to International Securities Exchange, LLC's ("ISE's") claim of infringement of U.S. Patent No. 6,618,707 ("the '707 patent") against Chicago Board Options Exchange, Incorporated ("CBOE") is ENTERED against ISE and in favor of CBOE, and ISE shall take nothing on its claim of infringement of the '707 patent against CBOE. FINAL JUDGMENT on CBOE's claim for declaratory judgment of non-infringement is GRANTED in favor of CBOE and against ISE. FINAL JUDGMENT on CBOE's claim for declaratory judgment of invalidity on claims 2, 4, 5 is GRANTED for indefiniteness under 35 U.S.C. § 112. CBOE's remaining declaratory judgment claims of invalidity against ISE are DISMISSED WITHOUT PREJUDICE, without waiving CBOE's right to reassert the claims in this action if the appellate court remands the case to the District Court or refuses to hear the merits of the appeal. CBOE does not infringe claims 1-6, 9, 10, 35-36, 43, 45, and 56 of the '707 patent. Claims 2, 4, and 5 of the '707 patent are invalid as indefinite under 35 U.S.C. § 112. Costs are awarded to CBOE, the prevailing party. The deadline for CBOE to submit a proposed Bill of Costs is thirty (30) days from entry of this Final Judgment. The Court will entertain an "exceptional case" motion by CBOE under 35 USC § 285 and/or a motion for sanctions that is to be filed by CBOE within forty-five (45) days after the return of the mandate from the circuit court of appeals. Civil case terminated. Mailed notice (mad, ) (Entered: 04/10/2013)" @default.
- ilnd;;1:07-cv-00623_de723 AdministrativeID "721" @default.