`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`Plaintiff/Counter Defendant,
`
`Case No. 2:18-cv-134-RWS
`
`JURY TRIAL DEMANDED
`
`Omni MedSci, Inc.,
`
`v.
`
`Apple Inc.,
`
`Defendant/Counter Claimant.
`
`ORDER
`
`Before the Court is Plaintiff/Counter Defendant Omni MedSci, Inc. (“Omni”)
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`and Defendant/Counter Claimant Apple Inc. (“Apple”) joint motion to stay deadlines pending
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`transfer (Docket No. 134). The Court, having considered same, is of the opinion the motion
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`should be GRANTED. It is therefore
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`ORDERED that the following deadlines, outlined below, shall be stayed pending the
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`completion of the transfer of this case to the Northern District of California:
`• Omni MedSci’s Motion to Exclude Damages Testimony of Vincent Thomas (ECF
`No. 229), filed July 26, 2019;
`o Omni’s Reply due August 23, 2019;
`• Omni Medsci’s Motion to Exclude Certain Expert Testimony of Fred Schubert
`Regarding the Construction of Claim Terms (ECF No. 230), filed July 26, 2019;
`o Omni’s Reply due August 23, 2019;
`• Omni Medsci’s Motion and Brief to Exclude the Testimony of Dr. Sarrafzadeh
`Regarding (1) Invalidity Under § 103 Based on Products and “Asada” Documents, (2)
`Unpatentability Under § 101, and (3) the Effective Filing Date (Priority Date) of the
`Patents-In-Suit (ECF No. 231), filed July 26, 2019;
`o Omni’s Reply due August 23, 2019;
`• Omni Medsci’s Motion for Partial Summary Judgment on Patent Subject Matter
`Eligibility (35 U.S.C. § 101) and Brief in Support (ECF No. 232), filed July 26, 2019;
`
`Petitioner Apple Inc. - Exhibit 1057, p. 1
`
`
`
`Case 2:18-cv-00134-RWS Document 283 Filed 08/16/19 Page 2 of 3 PageID #: 14391
`
`o Apple’s Response due August 16, 2016;
`o Omni’s Reply due August 23, 2016;
` Omni Medsci’s Motion for Partial Summary Judgment on Obviousness (35 U.S.C. §
`103(A)) and Brief in Support (ECF No. 234), filed July 26, 2019;
`o Apple’s Response due August 16, 2016;
`o Omni’s Reply due August 23, 2016;
` Omni Medsci’s Motion for Summary Judgment on Apple’s Affirmative Defenses and
`Brief in Support (ECF No. 236), filed July 26, 2019;
`o Apple’s Response due August 16, 2016;
`o Omni’s Reply due August 23, 2016;
` Apple Inc.’s Motion for Partial Summary Judgment of Non-Infringement of Claim 16
`of the ’533 Patent (ECF No. 238), filed July 26, 2019;
`o Omni’s Response due August 19, 2016;
`o Apple’s Reply due August 26, 2016;
` Apple Inc.’s Daubert Motion to Exclude the Testimony of Plaintiff’s Damages Expert
`Mr. Rodney Crawford (ECF No. 239), filed July 26, 2019;
`o Apple’s Reply due August 19, 2019;
` Apple Inc.’s Motion for Partial Summary Judgment of Invalidity Of U.S. Patent No.
`9,651,533 (ECF No. 240), filed July 26, 2019;
`o Omni’s Response due August 19, 2016;
`o Apple’s Reply due August 26, 2016;
` Apple Inc.’s Motion to Strike Portions of Dr. Duncan Macfarlane’s Infringement
`Report (ECF No. 241), filed July 26, 2019;
`o Apple’s Reply due August 19, 2019;
` Apple Inc.’s Motion For Partial Summary Judgment Of Non-Infringement Of The
`’040 And ’286 Patents (ECF No. 242), filed July 26, 2019;
`o Omni’s Response due August 19, 2016;
`o Apple’s Reply due August 26, 2016;
`
`Petitioner Apple Inc. - Exhibit 1057, p. 2
`
`
`
`Case 2:18-cv-00134-RWS Document 283 Filed 08/16/19 Page 3 of 3 PageID #: 14392
`
` Apple Inc.’s Motion To Strike Untimely Declaration Of Dr. Duncan Macfarlane
`(ECF No. 243), filed July 26, 2019;
`o Apple’s Reply due August 19, 2019.
`It is so ORDERED.
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`.
`
`
`
`____________________________________
`ROBERT W. SCHROEDER III
`UNITED STATES DISTRICT JUDGE
`
`SIGNED this 16th day of August, 2019.
`
`Petitioner Apple Inc. - Exhibit 1057, p. 3
`
`