Windy City Innovations, LLC v. Facebook, Inc.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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7 WINDY CITY INNOVATIONS, LLC, Case No.: 16-CV-1730 YGR 8 Plaintiff, ORDER GRANTING FACEBOOK’S MOTION 9 FOR SUMMARY JUDGMENT; DENYING AS v. MOOT MOTIONS TO STRIKE AND EXCLUDE 10 EXPERT OPINIONS

FACEBOOK, INC.,

11 DKT. NOS. 153, 155, 160 Defendant, 12

13 Plaintiff Windy City Innovations, LLC brings this patent infringement action against 14 defendant Facebook, Inc. stemming from alleged infringement of Windy City’s U.S. Patent No. 15 8,458,245 (the “’245 patent”) entitled “Real Time Communications System” issued June 4, 2013.1 16 Presently before the Court are three motions. Facebook moves for summary judgment (Dkt. No. 17 160) on the grounds that: (1) Windy City lacks standing; (2) Claim 19 and its dependent claims of 18 the ’245 Patent are invalid under 35 U.S.C. section 101; and (3) Facebook does not infringe the 19 ’245 patent directly or indirectly. In addition, both Facebook and Windy City have moved to strike 20 or exclude certain opinions of…