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Case 5:19-cv-00036-RWS Document 679-1 Filed 03/19/21 Page 1 of 1 PageID #: 33576
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`TEXARKANA DIVISION
`
`
`Plaintiff,
`
`Defendants.
`
`Case No. 5:19-cv-00036-RWS
`
`JURY TRIAL DEMANDED
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`
`
`MAXELL, LTD.,
`
`v.
`
`APPLE INC.,
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`
`
`PROPOSED ORDER
`
`
`Upon consideration of Plaintiff Maxell, Ltd.’s (“Maxell”) Unopposed Motion to Dismiss
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`
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`Without Prejudice the ’794 Patent, the Court finds that the Motion should be GRANTED.
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`
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`U.S. Patent No. 6,329,794 (the “’794 patent”) will be dismissed from this case without
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`prejudice. Maxell may not institute any legal action or administrative proceeding against Apple
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`or any Apple products on the ’794 patent until the conclusion of the inter partes review
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`proceedings on that patent (IPR2020-00199), which for avoidance of doubt also includes any
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`appeals from the PTAB’s Final Written Decision in IPR2020-00199. Maxell further may not use
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`any Apple product to satisfy any claim or claim element of the ’794 patent asserted by Maxell or
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`its successors and assigns against any party until the conclusion of IPR2020-00199, including
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`any appeals from the PTAB’s Final Written Decision.
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