`
`UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`
`RFCYBER CORP.,
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`Plaintiff
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`
`
`
`
` v.
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`
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`VISA U.S.A. INC,
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`Defendants
`
`
`
`
` Case No. 6:22-cv-697-ADA
`
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`JURY TRIAL DEMANDED
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`ORDER SEVERING AND STAYING CLAIMS OF THE ’009 PATENTS
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`
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`Before the Court is Plaintiffs RFCyber Corp. and Defendant Visa U.S.A. Inc.’s Joint
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`Motion to Stay Litigation of the ’009 Patent Pending Any Appeals of Inter Partes Review
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`Decisions (ECF No. 42).
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`
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`In the Joint Motion to Stay (ECF No. 42), the Parties note that in July 2022, the Patent Trial
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`and Appeal Board (“PTAB”) instituted inter partes review (“IPR”) on two of the four asserted
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`patents in this case. See Apple Inc. v. RFCyber Corp., IPR2022-00412 (IPR of U.S. Patent No.
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`9,189,787 (“’787 Patent”)); Apple Inc. v. RFCyber Corp., IPR2022-00413 (IPR of U.S. Patent No.
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`9,240,009 (“’009 Patent”)). On July 18, 2023, the PTAB found all claims of the ’009 Patent
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`unpatentable under 35 U.S.C. § 103(a). On the same day, the PTAB held that petitioner Apple Inc.
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`did not meet its burden to demonstrate that claims of the ’787 Patent were unpatentable. Plaintiff
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`RFCyber Corp. has indicated it intends to appeal to the Federal Circuit the PTAB’s decision
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`finding the ’009 Patent unpatentable.
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`
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`Noting that the Motion is joint, the Court is of the opinion it should be GRANTED.
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`However, in order to promote judicial efficiency and to effectively distribute Court resources, the
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`Court also believes the case should be severed with respect to litigation of the ’009 Patent. The
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`
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`1
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`
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`Case 6:22-cv-00697-ADA Document 48 Filed 10/13/23 Page 2 of 2
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`Court has informed both parties of its intention to sever the case via e-mail, and both parties
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`informed the Court that neither had objections to this course of action.
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`Therefore, the Clerk of Court is directed to sever all infringement claims of U.S. Patent
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`No. 9,240,009 against Visa U.S.A. Inc. In the severed case, the Clerk of Court is also directed to
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`include all docket entries that existed on the original case. Further, in the severed case, litigation
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`of the ’009 Patent is hereby stayed pending RFCyber’s appeal to the Federal Circuit of the PTAB’s
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`July 18, 2023 decision finding the ’009 Patent unpatentable.
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`The parties are further ORDERED to file a joint status report concerning their respective
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`positions on whether any of the severed and stayed claims should be reinstated within 14 days
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`from the latter of either (1) the completion of the last appeal (including any petitions for certiorari),
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`or (2) the expiration of the period within which RFCyber Corp. must seek any such appeal. Id.
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`SIGNED this 13th day of October, 2023.
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`2
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