Case 6:21-cv-00916-ADA Document 25 Filed 12/14/21 Page 1 of 5
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`RFCYBER CORP.,
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`
`
`
`v.
`
`
`APPLE, INC.,
`
`
`Plaintiff,
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`§
`
`§
`Case No. 6:21-cv-00916-ADA
`§
`
`§
`JURY TRIAL DEMANDED
`§
`
`§
`§
`§
`§
`§
`§
`
`
`Defendant.
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`
`CASE READINESS STATUS REPORT
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`Plaintiff RFCyber Corp. (“RFCyber” or “Plaintiff”) and Apple, Inc. (“Apple” or
`
`“Defendant”) hereby provide the following status report:
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`FILING AND EXTENSIONS
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`Plaintiff’s Complaint was filed on September 7, 2021. There has been one extension for a
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`total of 45 days on Apple’s response to the Complaint. Plaintiff filed an Amended Complaint on
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`December 2, 2021 which alleged infringement of an additional asserted patent. There has been one
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`extension for a total of 45 days on Apple’s response to the Amended Complaint
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`RESPONSE TO THE COMPLAINT
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`Defendant responded to the original Complaint on November 18, 2021 by filing a Motion
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`to Dismiss Plaintiff RFCyber’s Indirect and Willful Infringement Claims (Dkt. No. 8). Defendant
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`has not filed any counterclaims at the present time. Defendant has not yet responded to the
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`Amended Complaint.
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`
`
`
`RFCYBER CORP.,
`
`
`
`
`v.
`
`
`APPLE, INC.,
`
`
`Plaintiff,
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`§
`
`§
`Case No. 6:21-cv-00916-ADA
`§
`
`§
`JURY TRIAL DEMANDED
`§
`
`§
`§
`§
`§
`§
`§
`
`
`Defendant.
`
`
`CASE READINESS STATUS REPORT
`
`Plaintiff RFCyber Corp. (“RFCyber” or “Plaintiff”) and Apple, Inc. (“Apple” or
`
`“Defendant”) hereby provide the following status report:
`
`FILING AND EXTENSIONS
`
`Plaintiff’s Complaint was filed on September 7, 2021. There has been one extension for a
`
`total of 45 days on Apple’s response to the Complaint. Plaintiff filed an Amended Complaint on
`
`December 2, 2021 which alleged infringement of an additional asserted patent. There has been one
`
`extension for a total of 45 days on Apple’s response to the Amended Complaint
`
`RESPONSE TO THE COMPLAINT
`
`Defendant responded to the original Complaint on November 18, 2021 by filing a Motion
`
`to Dismiss Plaintiff RFCyber’s Indirect and Willful Infringement Claims (Dkt. No. 8). Defendant
`
`has not filed any counterclaims at the present time. Defendant has not yet responded to the
`
`Amended Complaint.
`
`
`
`Case 6:21-cv-00916-ADA Document 25 Filed 12/14/21 Page 2 of 5
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`PENDING MOTIONS
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`There are no pending motions. Apple’s Motion to Dismiss Plaintiff RFCyber’s Indirect
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`and Willful Infringement Claims (Dkt. 8), dated November 18, 2021, was mooted by Plaintiff’s
`
`Amended Complaint.
`
`RELATED CASES IN THIS JUDICIAL DISTRICT
`
`None.
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`IPR, CBM, AND OTHER PGR FILINGS
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`PGR2022-00003, against U.S. Patent No. 10,600,046, was filed on October 20, 2021 and
`
`docketed on November 8, 2021. An institution decision is expected on or before May 8, 2022.
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`PGR2021-00028, against U.S. Patent No. 10,600,046, was filed on December 23, 2020,
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`and docketed on January 25, 2021. Trial was instituted on July 23, 2021. A Final Written Decision
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`was expected on or before July 23, 2022, however, a Joint Motion to Terminate was filed on
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`October 19, 2021 and remains pending.
`
`IPR2021-00978, against U.S. Patent No. 8,448,855, was filed on June 8, 2021 and docketed
`
`on June 16, 2021. An institution decision is expected on or before December 16, 2021.
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`IPR2021-00979, against U.S. Patent No. 8,118,218, was filed on June 8, 2021 and docketed
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`on June 16, 2021. An institution decision is expected on or before December 16, 2021.
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`IPR2021-00980, against U.S. Patent No. 9,189,787, was filed on June 8, 2021 and docketed
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`on June 16, 2021. An institution decision is expected on or before December 16, 2021.
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`IPR2021-00981, against U.S. Patent No. 9,240,009, was filed on June 15, 2021 and
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`docketed on June 21, 2021. An institution decision is expected on or before December 21, 2021.
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`There are no other known pending IPR, CBM, or other PGR filings.
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`2
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`Case 6:21-cv-00916-ADA Document 25 Filed 12/14/21 Page 3 of 5
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`NUMBER OF ASSERTED PATENTS AND CLAIMS
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`Plaintiff has asserted six (6) patents. The asserted patents are U.S. Patent Nos. 8,118,218;
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`8,448,855; 9,189,787; 9,240,009; 10,600,046; and 11,018,724. Plaintiff is preparing its
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`Preliminary Infringement Contentions which will set out the number of claims.
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`APPOINTMENT OF TECHNICAL ADVISER
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`The parties do not request a technical advisor be appointed at this time.
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`MEET AND CONFER STATUS
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`Plaintiff and Defendant met and conferred and dispute whether there should be an overall
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`extension to the case schedule (as Apple contends there should be) due to the filing of the Amended
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`Complaint, which alleged infringement of an additional asserted patent. RFCyber contends that no
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`overall extension is necessary or appropriate, as the additional asserted patent is related to the other
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`patents in suit and accuses the same products.
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`
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`Dated: December 14, 2021
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`
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`
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`Respectfully submitted,
`
` /s/ Raymond W. Mort, III
`Raymond W. Mort, III
`Texas State Bar No. 00791308
`Email: raymort@austinlaw.com
`THE MORT LAW FIRM, PLLC
`100 Congress Avenue, Suite 2000
`Austin, Texas 78701
`Tel/Fax: 512-865-7950
`
`OF COUNSEL:
`
`Alfred R. Fabricant (Pro Hac Vice to be filed)
`NY Bar No. 2219392
`Email: ffabricant@fabricantllp.com
`Peter Lambrianakos (Admitted Pro Hac Vice)
`NY Bar No. 2894392
`Email: plambrianakos@fabricantllp.com
`Vincent J. Rubino, III (Pro Hac Vice to be filed)
`NY Bar No. 4557435
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`3
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`Case 6:21-cv-00916-ADA Document 25 Filed 12/14/21 Page 4 of 5
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`Email: vrubino@fabricantllp.com
`Richard M. Cowell (Admitted Pro Hac Vice)
`NY Bar No. 4617759
`Email: rcowell@fabricantllp.com
`FABRICANT LLP
`411 Theodore Fremd Road, Suite 206 South
`Rye, New York 10580
`Telephone: (212) 257-5797
`Facsimile: (212) 257-5796
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`ATTORNEYS FOR PLAINTIFF
`RFCYBER CORP.
`
`
`/s/ John M. Guaragna
`John M. Guaragna (Bar No. 24043308)
`Zachary Loney (Bar No. 24092714)
`DLA PIPER LLP (US)
`401 Congress Avenue, Suite 2500
`Austin, TX 78701
`Telephone: (512) 457-7000
`Facsimile: (512) 457-7001
`john.guaragna@us.dlapiper.com
`zachary.loney@us.dlapiper.com
`
`Sean Cunningham (Admitted Pro Hac Vice)
`Erin Gibson (Admitted Pro Hac Vice)
`Peter Maggiore (Admitted Pro Hac Vice)
`DLA PIPER LLP (US)
`401 B Street, Suite 1700
`San Diego, CA 92101
`Telephone: (619) 699-2700
`Facsimile: (619) 699-2701
`sean.cunningham@us.dlapiper.com
`erin.gibson@us.dlapiper.com
`peter.maggiore@us.dlapiper.com
`
`Stephanie Lim (Admitted Pro Hac Vice)
`DLA PIPER LLP (US)
`444 West Lake Street, Suite 900
`Chicago, IL 60606
`Telephone: (312) 368-4000
`Facsimile: (312) 630-7408
`stephanie.lim@us.dlapiper.com
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`ATTORNEYS FOR DEFENDANT APPLE INC.
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`4
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`Case 6:21-cv-00916-ADA Document 25 Filed 12/14/21 Page 5 of 5
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`CERTIFICATE OF SERVICE
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`I hereby certify that on December 14, 2021, I electronically filed the foregoing with the
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`Clerk of Court using the CM/ECF system, which will send notification of such filing via electronic
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`mail to all counsel of record. Any other counsel of record will be served by first class U.S. mail.
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`
`
`/s/ Raymond W. Mort, III
` Raymond W. Mort, III
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