`Case 3:14-cv-00757-REP-DJN Document 106-6 Filed 04/24/15 Page 1 of 4 Page|D# 15478
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`EXHIBIT 6
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`EXHIBIT 6
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`Case 3:14-cv-00757-REP-DJN Document 106-6 Filed 04/24/15 Page 2 of 4 PageID# 15479
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
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` CIVIL ACTION NO. 2:07-CV-418 (DF)
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`§§§§§§§§§
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`ROY-G-BIV CORPORATION,
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`Plaintiff,
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`vs.
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`FANUC LTD., et al.,
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`Defendants.
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`O R D E R
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`Before the Court is Plaintiff’s Motion to Dismiss Defendants’ Infringement Claims or,
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`Alternatively, Motion to Sever. Dkt. No. 103. Also before the Court are Defendants’ Response,
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`Plaintiff’s Reply, and Defendnats’ Sur-reply. Dkt. Nos. 112, 118, and 123. Having considered the
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`arguments of counsel, all relevant papers and pleadings, the Court finds that Plaintiff’s Motion to
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`Dismiss should be DENIED and that Plaintiff’s alternative Motion to Sever should be GRANTED.
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`Plaintiff, ROY-G-BIV Corporation (“RGB”), filed this suit on September 19, 2007, alleging
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`that FANUC Ltd., FANUC Robotics America, Inc., GE Fanuc Automation Americans, Inc., and GE
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`Fanuc Intelligent Platforms, Inc. (collectively, “Defendants”) infringe U.S. Patent Nos. 5,691,897
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`(“the ’897 Patent”), 6,513,058 (“the ’058 Patent”), 6,516,236 (“the ’236 Patent), and 6,941,543 (“the
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`’543 Patent”). Dkt. No. 1.
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`On October 9, 2008, a full year after this suit was initially filed, Defendants amended their
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`pleadings to accuse RGB of infringing two previously-unasserted patents: U.S. Patent Nos.
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`5,825,361 (“the ’361 Patent”) and 5,764,155 (“the ’155 Patent”). Dkt. No. 90. While Plaintiff’s
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`patents relate to motion control methods and systems that include software for communicating with
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`-1-
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`Case 3:14-cv-00757-REP-DJN Document 106-6 Filed 04/24/15 Page 3 of 4 PageID# 15480
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`and controlling different motion control devices, Defendants’ two recently asserted patents relate to
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`computer graphics and data exchange. Given the different technology embodied in Defendants’
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`patents, this Court believes that a severance would simplify an already complex matter.
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`Moreover, while claim-construction discovery and briefing is complete with regard to
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`Plaintiff’s asserted patents, little discovery has yet occurred on Defendants’ patents. Indeed,
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`Defendants’ added these new patents mere days before the parties were to file their Joint Claim
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`Construction and Prehearing Statement on the patents originally in suit. See Dkt. Nos. 54 & 88.
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`Defendants’ delay in bringing their counterclaims created a situation in which discovery and claim-
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`construction on both parties’ patents could not proceed simultaneously without drastic modification
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`of this Court’s Docket Control Order. For this reason alone, the Court is inclined to sever
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`Defendants’ patents from this suit.
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`Federal Rule of Civil Procedure 21 states that “[a]ny claim against a party may be severed
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`and proceeded with separately.” The Fifth Circuit has noted that “[t]he trial court has broad
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`discretion to sever issues to be tried before it.” Brunet v. United Gas Pipeline Co., 15 F.3d 500, 505
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`(5th Cir. 1994) (citing Rule 21).
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`Because Defendants’ two counterclaim patents deal with relatively distinct technology and
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`because this case would be unduly delayed if those patents remain in this case, the Court finds that
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`Defendants’ infringement counterclaims against RGB warrant a severance pursuant to Rule 21. A
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`severance in this case will avoid substantial prejudice to RGB, further the convenience of both
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`parties, and promote judicial economy.
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`Accordingly, Plaintiff’s Motion to Dismiss Defendants’ Infringement Claims or,
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`Alternatively, Motion to Sever is GRANTED IN PART as set forth above. It is further ORDERED
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`Case 3:14-cv-00757-REP-DJN Document 106-6 Filed 04/24/15 Page 4 of 4 PageID# 15481
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`that Defendants’ patent infringement counterclaims be SEVERED from the above-styled action.
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`It is therefore ORDERED that the Clerk of the Court shall assign a new case number for
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`Defendants’ patent infringement counterclaims against Plaintiff. The Clerk shall waive payment of
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`a filing fee.
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`The Court will take up the schedule for the severed claims at the close of the
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`claim-construction tutorial on April 15, 2009.
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