`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`TEXARKANA DIVISION
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`MAXELL LTD.,
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`Plaintiff,
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`v.
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`APPLE INC.,
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`Defendant.
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`
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`Civil Action No. 5:19-cv-00036-RWS
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`JURY TRIAL DEMANDED
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`DEFENDANT APPLE INC.’S NOTICE OF RIPENESS AND REQUEST FOR HEARING
`REGARDING MOTION TO STAY [ECF NO. 97]
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`
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`Defendant Apple Inc. (“Apple”) respectfully submits this Notice to inform the Court that
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`its Motion to Stay Proceedings Pending Resolution of Motion to Transfer Venue (ECF No. 97) in
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`this case is pending, ripe, and awaiting the Court’s decision. The motion has been fully briefed
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`since November 6, 2019. (See Dkts. 107, 113, 117.) Apple requests that the motion be set for
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`hearing at the Court’s convenience.
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`Because parties are encouraged to bring fully-briefed motions to transfer to the Court’s
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`attention, Apple submits this Notice. See Elbit Sys. Land & C4I Ltd. v. Hughes Network Sys., LLC,
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`Case No. 2:15-cv-00037-RWS-RSP, 2017 WL 2651618, at *21 (E.D. Tex. June 20, 2017).
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`
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`Date: November 12, 2019
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`
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`By:
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`
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`
`
`/s/ Melissa R. Smith
`Melissa R. Smith
`Texas Bar No. 24001351
`GILLAM & SMITH, LLP
`303 South Washington Avenue
`Marshall, TX 75670
`Telephone: (903) 934-8450
`Facsimile: (903) 934-9257
`melissa@gillamsmithlaw.com
`
`Luann L. Simmons (Pro Hac Vice)
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`
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`Case 5:19-cv-00036-RWS Document 122 Filed 11/12/19 Page 2 of 2 PageID #: 5327
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`
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`O’MELVENY & MYERS LLP
`Two Embarcadero Center 28th Floor
`San Francisco, CA 94111
`Telephone: 415-984-8700
`Facsimile: 415-984-8701
`lsimmons@omm.com
`
`Xin-Yi Zhou (Pro Hac Vice)
`Anthony G. Beasley (TX #24093882)
`O’MELVENY & MYERS LLP
`400 S. Hope Street
`Los Angeles, CA 90071
`Telephone: 213-430-6000
`Facsimile: 213-430-6407
`vzhou@omm.com
`tbeasley@omm.com
`
`Laura Bayne Gore (Pro Hac Vice)
`O’MELVENY & MYERS LLP
`Times Square Tower, 7 Times Square
`New York, NY 10036
`Telephone: 212-326-2000
`Facsimile: 212-326-2061
`lbayne@omm.com
`
`Attorneys for Defendant
`Apple Inc.
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`CERTIFICATE OF SERVICE
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`The undersigned hereby certifies that all counsel of record who are deemed to have
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`consented to electronic service are being served with a copy of this document via the Court’s
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`CM/ECF system per Local Rule CV-5(a)(3) on November 12, 2019.
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`/s/ Melissa R. Smith
`Melissa R. Smith
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`2
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