`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`TEXARKANA DIVISION
`
`
`Plaintiff,
`
`Defendants.
`
`Case No. 5:19-cv-00036-RWS
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`JURY TRIAL DEMANDED
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`
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`MAXELL, LTD.,
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`v.
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`APPLE INC.,
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`
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`MAXELL, LTD.’S UNOPPOSED MOTION TO DISMISS
`WITH PREJUDICE CERTAIN CLAIMS OF THE '794 PATENT
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`Case 5:19-cv-00036-RWS Document 661 Filed 03/15/21 Page 2 of 4 PageID #: 33217
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`Pursuant to Fed. R. Civ. P. 41(a)(2), and in an effort to streamline issues for the above-
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`captioned case, Plaintiff Maxell, Ltd. (“Maxell”) hereby agrees to dismiss with prejudice certain
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`claims from these actions.
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`
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`Specifically, Maxell agrees to dismiss with prejudice claims of infringement of the ’794
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`patent against iPads, iPods, and Apple Watches. Maxell maintains and does not dismiss its claims
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`of infringement of the ’794 patent against iPhones. Apple does not object to Maxell reducing its
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`damages total based on this narrowing of the case by reducing the total number of accused units.
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`
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`Apple does not oppose this Motion.
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`At this time, Maxell maintains all claims and defenses not specifically enumerated above.
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`
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`Dated: March 15, 2021
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`
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`
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`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
`William J. Barrow
`Alison T. Gelsleichter
`Clark S. Bakewell
`MAYER BROWN LLP
`1999 K Street, NW
`Washington, DC 20006
`
`
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`Case 5:19-cv-00036-RWS Document 661 Filed 03/15/21 Page 3 of 4 PageID #: 33218
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`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
`wbarrow@mayerbrown.com
`agelsleichter@mayerbrown.com
`cbakewell@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.
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`
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`
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`CERTIFICATE OF CONFERENCE
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`The undersigned hereby certifies that counsel for Plaintiff met and conferred with counsel
`for Defendant on this issue on at least March 11-12, 2021. Counsel for Defendant indicated that it
`is unopposed to the relief sought in this motion.
`
`
`
`
`/s/ Jamie B. Beaber
`Jamie B. Beaber
`
`
`
`/s/ Geoff Culbertson
`Geoff Culbertson
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`Case 5:19-cv-00036-RWS Document 661 Filed 03/15/21 Page 4 of 4 PageID #: 33219
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`CERTIFICATE OF SERVICE
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`The undersigned certifies that all counsel of record who are deemed to have consented to
`electronic service are being served this 15th day of March, 2021 with a copy of this document via
`the Court’s CM/ECF system per Local Rule CV-5(a)(3)
`
`
`/s/ Jamie B. Beaber
`Jamie B. Beaber
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