`
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`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`TIMES FIBER COMMUNICATIONS, INC.,
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`Plaintiff,
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`
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`v.
`PPC BROADBAND, INC.,
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` Defendant.
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`
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`
`
`
`C.A. No. 21-1823-VAC-MPT
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`)
`)
`)
`)
`)
`)
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`)
`)
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`)
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`STIPULATION TO STAY LITIGATION
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`WHEREAS, Defendant PPC Broadband, Inc. (“Defendant”) filed petitions for inter partes
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`review (“IPR”) of all asserted claims of the patents-in-suit in this litigation, the last of which was
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`filed June 24, 2022;
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`WHEREAS, the Patent Trial & Appeal Board (“PTAB”) has not yet decided whether to
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`institute the IPR petitions;
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`WHEREAS, Defendant has asked Plaintiff Times Fiber Communications, Inc. (“Plaintiff”)
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`to stipulate to staying this litigation at least pending the PTAB’s institution decisions;
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`WHEREAS, beginning on June 14, 2022, the parties met and conferred on the issue;
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`WHEREAS, the parties have agreed that, due to judicial economy, they will file this joint
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`stipulation seeking to stay the litigation pending at least the PTAB’s institution decisions; and
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`WHEREAS, the parties have further agreed that if all of the IPR petitions are instituted by
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`the PTAB, the stay should continue until the PTAB has issued a final written decision on each
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`IPR, and that if not all of the IPR petitions are instituted Plaintiff may request that the Court lift
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`the stay.
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`
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`Case 1:21-cv-01823-GBW Document 36 Filed 07/01/22 Page 2 of 2 PageID #: 922
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`THE PARTIES HEREBY STIPULATE AND AGREE, subject to the approval of the
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`Court, that:
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`1) the litigation is stayed pending at least a decision by the PTAB on institution of the IPR
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`petitions;
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`2) if any of the IPR petitions are not instituted by the PTAB, the parties shall file a joint
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`status report within seven (7) calendar days setting forth their joint or competing proposal(s) for
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`resuming this litigation; and
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`3) if the stay continues past the institution decisions by the PTAB, and if any asserted
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`claims survive the final written decisions issued by the PTAB in the IPRs, the parties shall file a
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`joint status report within seven (7) calendar days setting forth their joint or competing proposal(s)
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`for resuming this litigation.
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`
`
`YOUNG CONAWAY STARGATT &
`TAYLOR, LLP
`
` /s/ Pilar G. Kraman
`Pilar G. Kraman (No. 5199)
`Robert M. Vrana (No. 5666)
`Rodney Square
`1000 North King Street
`Wilmington, Delaware 19801
`(302) 571-6600
`pkraman@ycst.com
`rvrana@ycst.com
`
`Attorneys for Defendant
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`Dated: July 1, 2022
`
` MORRIS, NICHOLS, ARSHT &
`TUNNELL LLP
`
` /s/ Rodger D. Smith II
`Rodger D. Smith II (No. 3778)
`1201 North Market Street
`P.O. Box 1347
`Wilmington, DE 19899
`(302) 658-9200
`rsmith@morrisnichols.com
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`Attorneys for Plaintiff
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`
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`SO ORDERED this ___ day of __________, 2022.
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`
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`2
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`___________________________________
` J.
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`
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