FINTIV, INC.,
`
`
`
`v.
`
`Plaintiff,
`
`APPLE INC.,
`
`Defendant.
`
`
`
`Civil Action No.: 1:21-cv-00896-ADA
`
`
`JURY TRIAL DEMANDED
`
`
`
`§
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`§
`§
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`Case 1:21-cv-00896-ADA Document 476 Filed 07/21/23 Page 1 of 5
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`AUSTIN DIVISION
`
`
`
`NOTICE OF APPEAL1
`
`Pursuant to 28 U.S.C. § 1295, Fed. R. App. P. 3 and 4, and Fed. Cir. R. 3 and 4, notice is
`hereby given that Plaintiff Fintiv, Inc. (“Fintiv”) respectfully appeals to the United States Court of
`Appeals for the Federal Circuit from the District Court’s June 29, 2023 Final JUDGMENT (Dkt.
`469) and from any and all other findings, determinations, conclusions, orders, opinions, decisions,
`judgments, and rulings leading up to that Final Judgment, including, without limitation, the District
`Court’s:
`
`1. November 27, 2019 Claim Construction Order (Dkt. 86), March 17, 2022 Claim
`Construction Order and Memorandum in Support Thereof (Dkt. 424), and any
`supplemental Claim Construction Orders;
`2. September 1, 2020 Hearing Transcript – Denying Plaintiff’s Motion For Leave To
`Amend Complaint, Including Claim of Willfulness, as Futile;
`3. July 5, 2022 Order on Emergency Motion – Denying Plaintiff Fintiv, Inc.’s Motion
`for Sanctions [ECF No. 431] (Dkt. 441);
`
`
`1 This case was originally filed in the Waco Division on December 12, 2018 (Case No. 6:18-cv-372). On December
`23, 2019, the case was transferred to the Austin Division (Case No. 1:19-cv-01238-ADA). Due to COVID issues, on
`September 8, 2021, the case was transferred back to the Waco Division (Case No. 6:21-cv-926). After the Federal
`Circuit granted Apple’s Writ of Mandamus, the case was moved back to the Austin Division on October 4, 2021 (Case
`No. 1:21-cv-00896) (current).
`
`
`
`
`
`v.
`
`Plaintiff,
`
`APPLE INC.,
`
`Defendant.
`
`
`
`Civil Action No.: 1:21-cv-00896-ADA
`
`
`JURY TRIAL DEMANDED
`
`
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`
`
`Case 1:21-cv-00896-ADA Document 476 Filed 07/21/23 Page 1 of 5
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`AUSTIN DIVISION
`
`
`
`NOTICE OF APPEAL1
`
`Pursuant to 28 U.S.C. § 1295, Fed. R. App. P. 3 and 4, and Fed. Cir. R. 3 and 4, notice is
`hereby given that Plaintiff Fintiv, Inc. (“Fintiv”) respectfully appeals to the United States Court of
`Appeals for the Federal Circuit from the District Court’s June 29, 2023 Final JUDGMENT (Dkt.
`469) and from any and all other findings, determinations, conclusions, orders, opinions, decisions,
`judgments, and rulings leading up to that Final Judgment, including, without limitation, the District
`Court’s:
`
`1. November 27, 2019 Claim Construction Order (Dkt. 86), March 17, 2022 Claim
`Construction Order and Memorandum in Support Thereof (Dkt. 424), and any
`supplemental Claim Construction Orders;
`2. September 1, 2020 Hearing Transcript – Denying Plaintiff’s Motion For Leave To
`Amend Complaint, Including Claim of Willfulness, as Futile;
`3. July 5, 2022 Order on Emergency Motion – Denying Plaintiff Fintiv, Inc.’s Motion
`for Sanctions [ECF No. 431] (Dkt. 441);
`
`
`1 This case was originally filed in the Waco Division on December 12, 2018 (Case No. 6:18-cv-372). On December
`23, 2019, the case was transferred to the Austin Division (Case No. 1:19-cv-01238-ADA). Due to COVID issues, on
`September 8, 2021, the case was transferred back to the Waco Division (Case No. 6:21-cv-926). After the Federal
`Circuit granted Apple’s Writ of Mandamus, the case was moved back to the Austin Division on October 4, 2021 (Case
`No. 1:21-cv-00896) (current).
`
`
`
`Case 1:21-cv-00896-ADA Document 476 Filed 07/21/23 Page 2 of 5
`
`4. June 12, 2023 Sealed Order Concerning Pretrial Conference Motions – Denying
`Plaintiff Fintiv, Inc.’s Daubert Motion to Exclude Portions of the Rebuttal Expert
`Report of Lynne J. Weber, Ph.D. [ECF No. 278] (Dkt. 463);
`5. June 12, 2023 Sealed Order Concerning Pretrial Conference Motions – Denying
`Plaintiff Fintiv, Inc.’s Daubert Motion to Exclude Portions of Dr. Lynne Weber’s
`Opening Expert Report and W. Christopher Bakewell’s Opening Expert Report
`[ECF 276] (Dkt. 463);
`6. June 12, 2023 Sealed Order Concerning Pretrial Conference Motions – Denying
`Plaintiff Fintiv, Inc.’s Motion to Strike the Rule 26 Disclosure and Declaration, and
`Exclude Portions of the Testimony of Ahmer Kahn [ECF 262] (Dkt. 463);
`7. June 12, 2023 Sealed Order Concerning Pretrial Conference Motions – Denying
`Plaintiff Fintiv, Inc.’s Daubert Motion to Exclude the Disclosure and Declaration
`and Testimony of Ahmer Khan [ECF 275] (Dkt. 463);
`8. June 12, 2023 Sealed Order Concerning Pretrial Conference Motions – Denying
`Plaintiff Fintiv, Inc.’s Daubert Motion to Exclude Portions of the Expert Rebuttal
`Report and Testimony of W. Christopher Bakewell [ECF 277] (Dkt. 463);
`9. June 12, 2023 Sealed Order Concerning Pretrial Conference Motions – Denying
`Plaintiff Fintiv, Inc.’s Motion to Strike and Exclude Portions of the Expert Rebuttal
`Report and Testimony of W. Christopher Bakewell [ECF 271] (Dkt. 463);
`10. June 12, 2023 Sealed Order Concerning Pretrial Conference Motions – Granting-
`In-Part Motion to Exclude the Opinions of Fintiv’s Damages Expert Roy Weinstein
`[ECF 264] (Dkt. 463);
`11. June 12, 2023 Sealed Order Concerning Pretrial Conference Motions – Denying
`Motion to Strike Portions of the Expert Rebuttal Report and Testimony of Henry
`Dreifus [ECF 263] (Dkt. 463);
`12. June 12, 2023 Sealed Order Concerning Pretrial Conference Motions – Denying
`Daubert Motion to Exclude Portions of the Expert Rebuttal Report and Testimony
`
`
`
`Case 1:21-cv-00896-ADA Document 476 Filed 07/21/23 Page 3 of 5
`
`of Henry Dreifus [ECF 267] (Dkt. 463);
`13. June 12, 2023 Sealed Order Concerning Pretrial Conference Motions – Denying
`Motion For Leave to Amend Infringement Contentions [ECF 218] (Dkt. 463);
`14. June 12, 2023 Sealed Order Concerning Pretrial Conference Motions – Granting
`Motion for Judgment on the Pleadings as to Pre-Suit Indirect Infringement [ECF
`208] (Dkt. 463); and
`15. June 21, 2023 Order Granting Motion For Summary Judgment [ECF No. 270] (Dkt.
`467).
`DATED this 21st day of July, 2023.
`
`
`
`Case 1:21-cv-00896-ADA Document 476 Filed 07/21/23 Page 4 of 5
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`
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`RESPECTFULLY SUBMITTED,
`
`By: /s/ Jonathan K. Waldrop
`Raymond W. Mort, III
`Texas State Bar No. 00791308
`raymort@austinlaw.com
`THE MORT LAW FIRM, PLLC
`100 Congress Ave, Suite 2000
`Austin, Texas 78701
`Tel/Fax: (512) 865-7950
`
`Jonathan K. Waldrop (CA Bar No. 297903)
`(Admitted in this District)
`jwaldrop@kasowitz.com
`Darcy L. Jones (CA Bar No. 309474)
`(Admitted in this District)
`djones@kasowitz.com
`Marcus A. Barber (CA Bar No. 307361)
`(Admitted in this District)
`mbarber@kasowitz.com
`John W. Downing (CA Bar No. 252850)
`(Admitted in this District)
`jdowning@kasowitz.com
`Heather S. Kim (CA Bar No. 277686)
`(Admitted in this District)
`hkim@kasowitz.com
`ThucMinh Nguyen (CA Bar No. 304382)
`(Admitted in this District)
`tnguyen@kasowitz.com
`KASOWITZ BENSON TORRES LLP
`333 Twin Dolphin Drive, Suite 200
`Redwood Shores, California 94065
`Telephone: (650) 453-5170
`Facsimile: (650) 453-5171
`
`Paul G. Williams (GA Bar No. 764925)
`(Admitted in this District)
`pwilliams@kasowitz.com
`KASOWITZ BENSON TORRES LLP
`1230 Peachtree Street N.E., Suite 2445
`Atlanta, Georgia 30309
`Telephone: (404) 260-6080
`Facsimile: (404) 260-6081
`
`Attorneys for Plaintiff
`FINTIV, INC.
`
`
`
`Case 1:21-cv-00896-ADA Document 476 Filed 07/21/23 Page 5 of 5
`
`CERTIFICATE OF SERVICE
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`
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`A true and correct copy of the foregoing instrument was served or delivered electronically
`
`via email to Apple’s counsel of record, on this 21st day of July, 2023.
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`/s/ Jonathan K. Waldrop
`Jonathan K. Waldrop
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