`
`IN THE UNITED STATES DISTRICT COURT
`WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`
`RFCyber CORP.,
`
`
`Plaintiff,
`
`
`
`v.
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`
`VISA U.S.A. Inc.,
`
`
`Defendant.
`
`
`
`
`
`
`
`
`
`
`
`CASE NO.: 6:22-cv-00697-ADA
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`
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`
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`
`
`JOINT STIPULATION TO STAY LITIGATION OF U.S. PATENT NO. 9,240,009
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`WHEREAS, in July 2022, the Patent Trial and Appeal Board (“PTAB”) instituted inter
`
`partes review (“IPR”) on two of the four asserted patents in this case. See Apple Inc. v. RFCyber
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`Corp., IPR2022-00412 (IPR of U.S. Patent No. 9,189,787 (“’787 Patent”)); Apple Inc. v. RFCyber
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`Corp., IPR2022-00413 (IPR of U.S. Patent No. 9,240,009 (“’009 Patent”)).
`
`WHEREAS, on June 8, 2023, Defendant Visa U.S.A. Inc. (“Visa”) filed its Motion to Stay
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`Pending Inter Partes Review (Dkt. No. 22), requesting that the Court stay litigation of this action
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`pending a decision from the PTAB on the IPR proceedings.
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`WHEREAS, on July 18, 2023, the PTAB found all claims of the ’009 Patent unpatentable
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`under 35 U.S.C. § 103(a).
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`WHEREAS, on July 18, 2023, the PTAB held that petitioner Apple Inc. did not meet its
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`burden to demonstrate that claims of the ’787 Patent were unpatentable.
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`WHEREAS, Plaintiff RFCyber Corp. (“RFCyber”) intends to appeal to the Federal Circuit
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`the PTAB’s decision finding the ’009 Patent unpatentable.
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`-1-
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`
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`Case 6:22-cv-00697-ADA Document 42 Filed 08/31/23 Page 2 of 3
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`IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned
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`counsel, as follows:
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`1.
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`Litigation of the ’009 Patent is hereby stayed pending RFCyber’s appeal to the
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`Federal Circuit of the PTAB’s July 18, 2023 decision finding the ’009 Patent unpatentable.
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`2.
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`Conditioned on the parties’ agreement to stay litigation of the ’009 Patent pending
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`appeal, Visa withdraws its pending Motion to Stay (Dkt. No. 22).
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` Respectfully submitted,
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`Dated: August 31, 2023
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`
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`
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`Dated: August 31, 2023
`
`
`WILSON SONSINI GOODRICH & ROSATI
`Professional Corporation
`
`
`By: James C. Yoon
`
`James C. Yoon (CA State Bar No. 177155)
`jyoon@wsgr.com
`
`
`Attorneys for Defendant VISA U.S.A. INC.
`
`FABRICANT LLP
`
`
`By: Richard Cowell
`Richard Cowell (State Bar No. 00791308)
`raymort@austinlaw.com
`
`
`
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`Attorneys for Plaintiff RFCyber Corp.
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`-2-
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`
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`Case 6:22-cv-00697-ADA Document 42 Filed 08/31/23 Page 3 of 3
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`CERTIFICATE OF SERVICE
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`I hereby certify that on August 31, 2023, I authorized the electronic filing of the foregoing
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`with the Clerk of the Court using the CM/ECF system which will send notification of such filing
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`to the email addresses of those registered.
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`Dated: August 31, 2023
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`
`
`
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`WILSON SONSINI GOODRICH & ROSATI
`Professional Corporation
`
`
`
`By: James C. Yoon
`James C. Yoon
`Email: jyoon@wsgr.com
`
`
`
`
`Attorneys for Defendant VISA U.S.A. INC.
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`-1-
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