`
`
`JAWBONE INNOVATIONS, LLC.,
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`
`Plaintiff,
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`
`
`v.
`
`
`APPLE, INC.,
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`§
`
`§
`Case No. 6:21-cv-00984-ADA
`§
`
`§
`JURY TRIAL DEMANDED
`§
`
`§
`§
`§
`§
`§
`§
`
`
`
`Defendant.
`
`
`
`
`
`
`
`
`
`CASE READINESS STATUS REPORT
`
`Plaintiff Jawbone Innovations, LLC (“Jawbone” or “Plaintiff”) and Defendant Apple, Inc.
`
`(“Apple” or “Defendant”) hereby provide the following status report:
`
`FILING AND EXTENSIONS
`
`Plaintiff’s Complaint against Apple was filed on September 23, 2021. There has been one
`
`extension for a total of 45 days.
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`RESPONSE TO THE COMPLAINT
`
`Apple responded to the Complaint on December 3, 2021 by filing a Motion to Dismiss
`
`Plaintiff’s indirect and willful infringement claims (Dkt. No. 9). Apple has not filed any
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`counterclaims at the present time.
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`PENDING MOTIONS
`
`Apple’s Motion to Dismiss (Dkt. No. 9), dated December 3, 2021, is pending.
`
`RELATED CASES IN THIS JUDICIAL DISTRICT
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`Jawbone Innovations, LLC v. Google LLC, No. 6:21-cv-00985-ADA asserts the same
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`patents as in this case.
`
`
`
`
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`Case 6:21-cv-00984-ADA Document 14 Filed 12/10/21 Page 2 of 5
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`
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`IPR, CBM, AND OTHER PGR FILINGS
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`IPR2022-00213, against U.S. Patent No. 8,280,072, was filed on November 19, 2021 and
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`was docketed on December 9, 2021. An institution decision is expected on or before June 9, 2021.
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`There are no other known pending IPR, CBM, or other PGR filings.
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`NUMBER OF ASSERTED PATENTS AND CLAIMS
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`Plaintiff has asserted eight (8) patents. The asserted patents are U.S. Patent Nos. 8,019,091;
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`7,246,058; 8,280,072; 8,321,213; 8,326,611; 10,779,080; 11,122,357; and 8,467,543. Plaintiff is
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`preparing its 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. The parties have no pre-Markman issues to
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`raise at the CMC.
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`
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`
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`Dated: December 10, 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 (Pro Hac Vice to be filed)
`
`2
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`
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`Case 6:21-cv-00984-ADA Document 14 Filed 12/10/21 Page 3 of 5
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`
`
`NY Bar No. 2894392
`Email: plambrianakos@fabricantllp.com
`Vincent J. Rubino, III (Pro Hac Vice to be filed)
`NY Bar No. 4557435
`Email: vrubino@fabricantllp.com
`Richard M. Cowell (Pro Hac Vice to be filed)
`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
`
`ATTORNEYS FOR PLAINTIFF
`JAWBONE INNOVATIONS, LLC.
`
`
`/s/ Ricardo J. Bonilla
`J. Stephen Ravel
`Texas State Bar No. 16584975
`KELLY HART & HALLMAN LLP
`303 Colorado, Suite 2000
`Austin, Texas 78701
`Tel: (512) 495-6429
`Email: steve.ravel@kellyhart.com
`
`Ricardo J. Bonilla
`Texas Bar No. 24082704
`rbonilla@fr.com
`FISH & RICHARDSON P.C.
`1717 Main Street, Suite 5000
`Dallas, TX 75201
`(214) 747-5070 – Telephone
`(214) 747-2091 – Facsimile
`
`Benjamin C. Elacqua
`Texas Bar No. 24055443
`elacqua@fr.com
`FISH & RICHARDSON P.C.
`1221 McKinney Street, Suite 2800
`Houston, Texas 77010
`(713) 654-5300 – Telephone
`(713) 652-0109 – Facsimile
`
`
`
`
`
`By:
`
`
`3
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`
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`Case 6:21-cv-00984-ADA Document 14 Filed 12/10/21 Page 4 of 5
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`
`
`Betty H. Chen
`Texas Bar No. 24056720
`bchen@fr.com
`FISH & RICHARDSON P.C.
`500 Arguello St., Suite 500
`Redwood City, CA 94063
`(650) 839-5067 – Telephone
`(650) 839-5071 - Facsimile
`
`
`COUNSEL FOR DEFENDANT
`APPLE INC.
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`4
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`Case 6:21-cv-00984-ADA Document 14 Filed 12/10/21 Page 5 of 5
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`
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`CERTIFICATE OF SERVICE
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`I hereby certify that on December 10, 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.
`
`/s/ Raymond W. Mort, III
` Raymond W. Mort, III
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