`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`TEXARKANA DIVISION
`
`CIVIL ACTION NO. 5:19-CV-00036-RWS
`
`§
`§
`
`§§§§§§§
`
`
`§
`§
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`MAXELL, LTD.,
`
`Plaintiff,
`
`
`v.
`
`APPLE INC.,
`
`Defendant.
`
`ORDER
`
`Before the Court is the parties’ Joint Status Report Regarding Framework to Narrow
`
`Issues for Trial (Docket No. 603). After reviewing the parties’ respective positions and
`
`taking into account the scheduling constraints of this case, including the Court’s COVID-19
`
`protocols, IT IS ORDERED as follows:
`
` Maxell shall narrow its case to no more than six patents and 10 asserted claims;
` Apple shall execute a representative product stipulation that is agreeable to Maxell by
`electing one model of each device for each patent, except where infringement requires
`multiple devices;
` Apple shall narrow its prior art invalidity challenges to one “ground” per patent, with
`a “ground” being one anticipatory reference or one obviousness combination, except
`that this narrowing will not apply to: (a) the prior art defenses to the three “navigation”
`patents (the ’317, ’498 and ’999 patents); or (b) Apple’s § 101 challenges.1
`
`The parties are ORDERED to meet and confer and submit to the Court an agreed notice
`
`of their compliance with the above rulings within 14 days of the issuance of this order.
`
`1 The parties have also raised in their status report issues regarding Apple's non-elected prior art references
`describing the state of the art. Docket No. 603 at 4. The parties have further briefed this issue in Maxell’s
`additional motion in limine (Docket No. 602) and Apple’s response (Docket No. 616). The Court will resolve the
`issue in its forthcoming order ruling on the parties’ motions in limine.
`
`
`
`Case 5:19-cv-00036-RWS Document 619 Filed 01/27/21 Page 2 of 2 PageID #: 31957
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`Page 2 of 2
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`.
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`____________________________________
`ROBERT W. SCHROEDER III
`UNITED STATES DISTRICT JUDGE
`
`SIGNED this 27th day of January, 2021.
`
`
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