`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`TEXARKANA DIVISION
`
`
`MAXELL, LTD.,
`
`v.
`
`APPLE INC.,
`
`
`
`Plaintiff,
`
`Defendant.
`
`Civil Action No. 5:19-cv-00036-RWS
`
`JURY TRIAL DEMANDED
`
`PLAINTIFF MAXELL, LTD.’S NOTICE OF READINESS
`FOR SCHEDULING CONFERENCE
`
`Pursuant to the Court’s Standing Order Regarding Readiness for Status Conference,
`
`Plaintiff Maxell, Ltd. (“Maxell”) files this notice that Defendant Apple Inc. (“Defendant”) has
`
`moved to dismiss and the case is ready for a scheduling conference.
`
`
`
`1.
`
`There is one pending motion, Defendant Apple Inc.’s Motion for Partial
`
`Dismissal of Plaintiff’s Complaint for Failure to State a Claim (Dkt. No. 27).
`
`
`
`2.
`
`The patents-in-suit for this case are U.S. Patent Nos. 6,748,317 (“the ’317
`
`Patent”), 6,580,999 (“the ’999 Patent”), 8,339,493 (“the ’493 Patent”), 7,116,438 (“the ’438
`
`Patent”), 6,408,193 (“the ’193 Patent”), 10,084,991 (“the ’991 Patent”), 6,928,306 (“the ’306
`
`Patent”), U.S. Patent No. 6,329,794 (“the ’794 Patent”), 10,212,586 (“the ’586 Patent”), and
`
`6,430,498 (“the ’498 Patent”).
`
`
`
`3.
`
`There are six related cases previously filed in the Eastern District of Texas that
`
`involved the same patent(s) or related patent(s) to the patents-in-suit for this case. All previously
`
`filed related cases have been dismissed and closed. The previously filed cases, and the asserted
`
`or related patent(s) at issue in such cases, are as follows:
`
`
`
`
`
`
`
`Case 5:19-cv-00036-RWS Document 29 Filed 05/24/19 Page 2 of 4 PageID #: 344
`
` Maxell, Ltd. v. Huawei Device USA Inc., et al., C.A. No. 5:16-CV-178-RWS. The case
`
`included the ’438 Patent, which is asserted in this case.
`
` Maxell, Ltd. v. ZTE Corp., et al., C.A. No. 5:16-CV-179-RWS. The case included the
`
`’317 Patent, which is asserted in this case and related to the asserted ’999 and ’498
`
`Patents; ’493, ’193, and ’794 Patents, which are asserted in this case; and U.S. Patent No.
`
`8,736,729, which is related to the asserted ’493 Patent.
`
` Maxell, Ltd. v. ZTE Corp., C.A. No. 5:18-CV-80-RWS. The case included the ’317
`
`Patent, which is asserted in this case and related to the asserted ’999 and ’498 Patents;
`
`’493, ’193, and ’794 Patents, which are asserted in this case; and U.S. Patent No.
`
`8,736,729, which is related to the asserted ’493 Patent.
`
` Maxell, Ltd. v. Huawei Device USA Inc., et al., C.A. No. 5:18-CV-33-RWS. The case
`
`included the ’306 Patent, which is asserted in this case; U.S. Patent No. 9,544,517, which
`
`is related to the asserted ’493 Patent; and U.S. Patent No. 6,973,334, which is related to
`
`the asserted ’193 Patent.
`
` Maxell, Ltd. v. ZTE Corp., et al., C.A. No. 5:18-CV-34-RWS. The case included the ’306
`
`Patent, which is asserted in this case; U.S. Patent No. 9,544,517, which is related to the
`
`asserted ’493 Patent; and U.S. Patent No. 6,973,334, which is related to the asserted ’193
`
`Patent.
`
` Maxell, Ltd. v. ASUSTeK Computer Inc., C.A. No. 5:18-cv-00136-RWS. The case
`
`included the ’794 Patent, which is asserted in this case, and U.S. Patent No. 6,765,616,
`
`which is related to the asserted ’493 Patent.
`
`
`
`
`
`
`
`
`
`
`
`
`
`Case 5:19-cv-00036-RWS Document 29 Filed 05/24/19 Page 3 of 4 PageID #: 345
`
`Dated: May 24, 2019
`
`By:
`
`
`
`
`
`/s/ Jamie B. Beaber
`Geoff Culbertson
`Kelly Tidwell
`Patton, Tidwell & Culbertson, LLP
`2800 Texas Boulevard (75503)
`Post Office Box 5398
`Texarkana, TX 75505-5398
`Telephone: (903) 792-7080
`Facsimile: (903) 792-8233
`gpc@texarkanalaw.com
`kbt@texarkanalaw.com
`
`Jamie B. Beaber
`Alan M. Grimaldi
`Kfir B. Levy
`James A. Fussell, III
`Baldine B. Paul
`Tiffany A. Miller
`Saqib J. Siddiqui
`Bryan C. Nese
`Alison T. Gelsleichter
`MAYER BROWN LLP
`1999 K Street, NW
`Washington, DC 20006
`Telephone: (202) 263-3000
`Facsimile: (202) 263-3300
`jbeaber@mayerbrown.com
`agrimaldi@mayerbrown.com
`klevy@mayerbrown.com
`jfussell@mayerbrown.com
`bpaul@mayerbrown.com
`tmiller@mayerbrown.com
`ssiddiqui@mayerbrown.com
`bnese@mayerbrown.com
`agelsleichter@mayerbrown.com
`
`Robert G. Pluta
`Amanda Streff Bonner
`MAYER BROWN LLP
`71 S. Wacker Drive
`Chicago, IL 60606
`(312) 782-0600
`rpluta@mayerbrown.com
`asbonner@mayerbrown.com
`
`Counsel for Plaintiff Maxell, Ltd.
`
`
`
`Case 5:19-cv-00036-RWS Document 29 Filed 05/24/19 Page 4 of 4 PageID #: 346
`
`
`
`CERTIFICATE OF SERVICE
`
`The undersigned certifies that all counsel of record who are deemed to have consented to
`
`electronic service are being served this 24th day of May, 2019, with a copy of this document via
`
`the Court’s electronic CM/ECF system.
`
`Dated: May 24, 2019
`
`
`
`/s/ Jamie B. Beaber
`Jamie B. Beaber
`
`
`
`
`
`
`
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