`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`C.A. No. 19-1245-LPS
`
`LBT IP I LLC,
`
`Plaintiff,
`
`v.
`
`APPLE INC.,
`
`Defendant.
`
`STIPULATION AND [PROPOSED] ORDER
`TO STAY CASE PENDING IPR RESOLUTION
`
`WHEREAS, Defendant Apple has filed five inter partes review (“IPR”) petitions
`
`challenging each asserted patent in this litigation, IPR2020-01189, IPR2020-01190, IPR2020-
`
`01191, IPR2020-01192, and IPR2020-01193; and
`
`WHEREAS, the parties anticipate that the Patent Trial and Appeal Board (“PTAB”) will
`
`make its decisions on institution by the end of January 2021;
`
`IT IS HEREBY STIPULATED by the parties, subject to the approval of the Court, as
`
`follows:
`
`1.
`
`This case is hereby STAYED pending resolution (as set forth below) of the five
`
`IPR petitions.
`
`2.
`
`The parties shall inform the Court of the institution decisions within five (5)
`
`business days of the date of the last-issued institution decision in the five IPR petitions.
`
`3.
`
`Should the PTAB deny institution of all five IPR petitions, the parties agree that
`
`the stay should be lifted at that point. The parties agree to meet and confer and jointly submit an
`
`updated proposed schedule to the Court within ten (10) business days of the last-issued decision
`
`denying institution.
`
`
`
`Case 1:19-cv-01245-LPS Document 35 Filed 08/25/20 Page 2 of 2 PageID #: 302
`
`4.
`
`Should the PTAB institute one or more of the petitions, the parties agree that the
`
`case should remain stayed until the final disposition of all IPR petitions, including any appeal,
`
`reconsideration, and/or rehearing.
`
`5.
`
`The parties shall provide written updates to the Court as follows:
`
`(1) within five (5) business days of the PTAB’s last institution decision in the
`
`five pending IPR petitions; and
`
`(2)
`
`within five (5) business days of the date of final disposition of the last of
`
`any instituted IPR petitions.
`
`DATED: August 25, 2020
`YOUNG CONAWAY STARGATT & TAYLOR LLP
`/s/ Karen L. Pascale
`Karen L. Pascale (#2903)
`Robert M. Vrana (#5666)
`Rodney Square
`1000 North King Street
`Wilmington, DE 19801
`(302) 571-6600
`kpascale@ycst.com
`rvrana@ycst.com
`Counsel for Plaintiff, LBT IP I LLC
`
`POTTER ANDERSON & CORROON LLP
`/s/ David E. Moore
`David E. Moore (#3983)
`Bindu A. Palapura (#5370)
`Stephanie E. O’Byrne (#4446)
`Tracey E. Timlin (#6469)
`Hercules Plaza, 6th Floor
`1313 N. Market Street
`Wilmington, DE 19801
`(302) 984-6000
`dmoore@potteranderson.com
`bpalapura@potteranderson.com
`sobyrne@potteranderson.com
`ttimlin@potteranderson.com
`Counsel for Defendant, Apple Inc.
`
`SO ORDERED this _____ day of _____________, 2020.
`
`________________________________
`UNITED STATES DISTRICT JUDGE
`
`6849211
`
`2
`
`
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