`RFCyber CORP.,
`
`
`
`
`v.
`
`
`VISA U.S.A. INC.,
`
`
`Plaintiff,
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`§
`
`§
`Case No. 6:22-cv-00697-ADA
`§
`
`JURY TRIAL DEMANDED
`§
`§
`
`§
`§
`§
`§
`§
`
`
`Defendant.
`
`CASE READINESS STATUS REPORT
`
`Plaintiff RFCyber Corporation and Defendant Visa U.S.A. Inc., hereby provide the
`
`following status report.
`
`SCHEDULE
`
`A scheduling order has not yet been filed.
`
`FILING AND EXTENSIONS
`
`Plaintiff’s Complaint was filed on June 28, 2022.
`
`RESPONSE TO THE COMPLAINT
`
`On November 11, 2022, Defendant filed a Motion to Dismiss RFCyber Corp.’s
`
`Complaint (D.I. 10). Defendant’s Motion to Dismiss was denied on April 26, 2023.
`
`PENDING MOTIONS
`
`There are no pending motions. Visa’s Motion to Dismiss was denied on April 26, 2023.
`
`RELATED CASES IN THIS JUDICIAL DISTRICT
`
`RFCyber Corp. v. Apple, Inc., Case No. WA:21-cv-00916-ADA.
`
`
`
`
`
`
`
`IPR, CBM, AND OTHER PGR FILINGS
`
`In Apple, Inc. v. RFCyber Corp., IPR2022-00412, inter partes review was instituted
`
`against U.S. Patent No. 9,189,787. A Final Written decision is expected on or before July 2023.
`
`Apple, Inc. v. RFCyber Corp., IPR2022-00413, inter partes review was instituted against
`
`U.S. Patent No. 9,240,009. A Final Written decision is expected on or before July 2023.
`
`NUMBER OF ASSERTED PATENTS AND CLAIMS
`
`Plaintiff has asserted 4 patents and a total of 71 claims. The asserted patent(s) are U.S.
`
`Patent No. 8,118,218, U.S. Patent No. 8,448,855, U.S. Patent No. 9,189,787, and U.S. Patent No.
`
`9,240,009.
`
`APPOINTMENT OF TECHNICAL ADVISOR
`
`The parties defer to the Court on whether to appoint a technical advisor to the case to
`
`assist the Court with claim construction or other technical issues.
`
`MEET AND CONFER STATUS
`
`Plaintiff and Defendant met and conferred. Plaintiff has no pre-Markman issues to raise
`
`at the CMC. Defendant is contemplating seeking a stay of the case at least pending the final
`
`written decisions expected in July 2023 in the inter partes reviews initiated by Apple, because
`
`these IPRs could eliminate two of the Asserted Patents from this case. Indeed, resolution of the
`
`dispute between Apple and RFCyber should essentially eliminate the claims and damages in this
`
`suit since RFCyber has already resolved its patent claims against other major mobile device
`
`platform providers. See RFCyber Corp. v. Google LLC, No. 20-274-JRG-RSP, Dkt. 119 (stating
`
`RFCyber settled with Google); id. Dkt. 268 (E.D. Tex. March 25, 2022) (stating RFCyber settled
`
`its claims with Samsung); RFCyber Corp. v. LG Electronics, Inc., No. 20-336, Dkt. 35 (E.D.
`
`Tex. Sept. 8, 2021) (stating RFCyber settled claims with LG). Defendant is also contemplating
`
`2
`
`
`
`seeking transfer to the Northern District of California where Defendant is headquartered.
`
`Finally, Defendant reserves the right to file its own petitions for inter partes review.
`
`Dated: May 1, 2023
`
`
`
`
`
`
`
`Respectfully submitted,
`
` /s/ Richard M. Cowell
`Raymond W. Mort, III
`Texas 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)
`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 (Admitted pro hac vice)
`NY Bar No. 4617759
`Email: rcowell@fabricantllp.com
`FABRICANT LLP
`411 Theodore Fremd Avenue, Suite 206 South
`Rye, New York 10580
`Telephone: (212) 257-5797
`Facsimile: (212) 257-5796
`
`ATTORNEYS FOR PLAINTIFF
`RFCyber CORP.
`
`
`
`
`
`
`
`
`
`
`3
`
`
`
`
`
`s/ James C. Yoon (with permission)
`James C. Yoon (CA State Bar No. 177155)
`jyoon@wsgr.com
`WILSON SONSINI GOODRICH & ROSATI, P.C.
`650 Page Mill Road
`Palo Alto, CA 94304-1050
`Telephone: (650) 493-9300
`Fax: (650) 493-6811
`
`ATTORNEY FOR VISA U.S.A. Inc.
`
`
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that on May 1, 2023, I electronically filed the foregoing with the Clerk of
`
`Court using the CM/ECF system, which will send notification of such filing via electronic mail
`
`to all counsel of record. Any other counsel of record will be served by first class U.S. mail.
`
`
`
` /s/ Richard M. Cowell
` Richard M. Cowell
`
`
`
`4
`
`
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