`
`UNITED STATES DISTRICT COURT
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`DISTRICT OF MASSACHUSETTS
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`REALTIME DATA LLC d/b/a IXO,
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`Plaintiff,
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`C.A. No. 1:17-cv-11279-IT
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`v.
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`ACRONIS, INC.,
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`Defendants.
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`(LEAD)
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`STIPULATION TO STAY ACTION PENDING APPEAL
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`
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`Case 1:17-cv-11279-IT Document 122 Filed 09/22/21 Page 2 of 4
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`WHEREAS in this action Plaintiff Realtime Data LLC (“Realtime”) asserts that
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`Defendant Acronis, Inc. (“Acronis”) infringe U.S. Patent Nos. 7,415,530 (the “’530 patent”),
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`9,054,728 (the “’728 Patent”), and 9,116,908 (the “’908 Patent”).
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`WHEREAS, on August 23, 2021, the District of Delaware issued an memorandum order
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`and order of dismissal invalidating each of the ’530 patent, the ’728 patent, and the ’908 patent
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`in the following actions: Realtime Data, LLC v. Array Networks, Inc., United States District
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`Court for the District of Delaware, C.A. No. 17-800 (D.I. 104) (and various member cases) and
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`Realtime Data, LLC v. Spectra Logic, Inc., United States District Court for the District of
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`Delaware, CA No. 17-cv-0925 (“the Orders”).
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`WHEREAS Realtime has appealed each of the Orders to the Federal Circuit (collectively
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`the “Appeal”);
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`WHEREAS, Realtime and Acronis agree that the interests of efficiency are best served
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`by staying this action pending resolution of the Appeals;
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`NOW THEREFORE, Realtime and Acronis stipulate and agree as follows, subject to
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`approval and order of the Court:
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`Plaintiff Realtime and Defendant Acronis hereby stipulate and agree to stay all further
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`proceedings in this matter pending the final resolution of the Appeals through a final unappealed
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`and unappealable decision. No later than 14 days after the final resolution of the Appeals, the
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`parties shall meet and confer and file a status report with the Court advising the Court of the
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`outcome of the Appeals.
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`
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`Case 1:17-cv-11279-IT Document 122 Filed 09/22/21 Page 3 of 4
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`Dated: September 22, 2021
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`Respectfully submitted,
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`By: /s/ Paul A. Kroeger
`Marc A. Fenster (CA SBN 181067)
`Email: mfenster@raklaw.com
`Brian D. Ledahl (CA SBN 186579)
`Email: bledahl@raklaw.com
`Reza Mirzaie (CA SBN 246953)
`Email: rmirzaie@raklaw.com
`Paul Kroeger (CA SBN 229074)
`Email: pkroeger@raklaw.com
`Philip X. Wang (CA SBN 262239)
`Email: pwang@raklaw.com
`RUSS AUGUST & KABAT
`12424 Wilshire Boulevard, 12th Floor
`Los Angeles, CA 90025
`Telephone: 310/826-7474
`Facsimile 310/826-6991
`
`Attorneys for Plaintiff
`REALTIME DATA LLC d/b/a IXO
`
`/s/ Janine A. Carlan
`Janine A. Carlan (Pro Hac Vice)
`Jasjit S. Vidwan (Pro Hac Vice)
`ARENT FOX LLP
`1717 K Street, NW
`Washington, DC 20036-5344
`Telephone: (202) 857-6000
`janine.carlan@arentfox.com
`jasjit.vidwan@arentfox.com
`
`Allen N. David, BBO #115000
`Elizabeth A. Houlding, BBO #645981
`PEABODY & ARNOLD LLP
`Federal Reserve Plaza
`600 Atlantic Avenue
`Boston, MA 02210
`Telephone: (617) 951-2100
`adavid@peabodyarnold.com
`ehoulding@peabodyarnold.com
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`Attorneys for Defendant Acronis, Inc.
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`2
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`
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`Case 1:17-cv-11279-IT Document 122 Filed 09/22/21 Page 4 of 4
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`CERTIFICATE OF SERVICE
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`I hereby certify that the foregoing document was served on all counsel of record
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`via electronic service on September 22, 2021.
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`/s/ Paul Kroeger
`
`
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