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Case 5:19-cv-00036-RWS Document 390-6 Filed 07/06/20 Page 1 of 1 PageID #: 19349
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`TEXARKANA DIVISION
`
`
`Plaintiff,
`
`Case No. 5:19-cv-00036-RWS
`
`JURY TRIAL DEMANDED
`
`
`
`
`MAXELL, LTD.,
`
`v.
`
`APPLE INC.,
`
`Defendant.
`
`
`
`ORDER
`
`Upon consideration of Plaintiff Maxell, Ltd.’s (“Maxell”) Motion for Partial Summary
`
`
`
`Judgment of No Invalidity of U.S. Patent Nos. 6,748,317, 6,580,999, and 6,430,498 in View of the
`
`Abowd and Cyberguide Alleged Prior Art, Apple’s response in Opposition thereto, and the record
`
`before the Court, the Court finds that the Motion should be GRANTED.
`
`
`
`IT IS THEREFORE ORDERED that:
`
`• Apple has failed to establish by clear and convincing evidence that any of the Abowd
`
`and Cyberguide references qualifies as prior art against Maxell’s U.S. Patent Nos.
`
`6,748,317, 6,580,999, and 6,430,498 under 35 U.S.C. § 102;
`
`• Maxell’s U.S. Patent Nos. 6,748,317, 6,580,999, and 6,430,498 are not invalid based
`
`on Abowd and Cyberguide.
`
`IT IS FURTHERED ORDERED that Apple is hereby excluded from offering any direct
`
`testimony on any of the aforementioned sections of the expert reports at trial in this action.
`
`

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