Ameranth, Inc. v. Pizza Hut, Inc.

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 Case No.: 11cv1810 DMS (WVG)

IN RE: AMERANTH PATENT

LITIGATION CASES,

ORDER GRANTING CLAIM 4/

DEFENDANTS’ MOTION FOR

SUMMARY JUDGMENT OF

UNPATENTABILITY OF CLAIMS

AND 5 16 In a December 27, 2021 Order, this Court set a briefing schedule on the viability of Ameranth’s claims that certain Defendants were infringing claims 4 and 5 of the ‘077 Patent. Defendants against whom such claims are pending (“the Claim 4/5 Defendants”) filed a motion for summary judgment of unpatentability of claims 4 and 5, Ameranth filed an opposition, and the Claim 4/5 Defendants filed a reply. Ameranth thereafter filed a Supplemental Notice of Lodgment of excerpts of the Markman hearing transcript, to which the Claim 4/5 Defendants filed a response, and to which Ameranth then filed an Objection. The Court has reviewed all of the briefing, and now grants the Claim 4/5 Defendants’ motion for the reasons set…