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IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`AUSTIN DIVISION
`
`
`
`CARBYNE BIOMETRICS, LLC,
`
`
`
`
`
`
`
`Plaintiff,
`
`Civil Action No. 1:23-cv00324
`
`vs.
`
`APPLE INC.,
`
`Defendant.
`
`
`
`JURY TRIAL
`
`
`
`
`
`
`JOINT CASE READINESS STATUS REPORT
`
`Plaintiff Carbyne Biometrics, LLC (“Carbyne”) and Defendant Apple, Inc. hereby
`
`provide the following status report.
`
`SCHEDULE
`
`A scheduling order has not yet been filed.
`
`A Markman hearing has not yet been proposed.
`
`A trial date has not yet been proposed.
`
`FILING AND EXTENSIONS
`
`Plaintiff’s Complaint was filed on March 24, 2023 and served on April 3, 2023. Defendant
`
`
`
`
`
`
`
`
`
`was provided one extension to respond, for a total of 30 days.
`
`RESPONSE TO THE COMPLAINT
`
`Defendant responded to the Complaint on May 24, 2023 by filing a Motion to Dismiss.
`
`
`
`
`
`
`NG-9J84MDUI 4883-8181-4378v2
`
`

`

`PENDING MOTIONS
`
`
`
`Pending is Defendant’s Rule 12(B)(6) Motion to Dismiss the Complaint for Failure to State
`
`a Claim Under 35 U.S.C. § 101, filed on May 24, 2023 [Dkt. 14]. Plaintiff’s response is due on
`
`June 14, 2023, with Defendant’s Reply due on July 28, 2023, per Text Order Granting Dkt. 27
`
`dated June 5, 2023.
`
`RELATED CASES IN THIS JUDICIAL DISTRICT
`
`
`
` There are no related cases in this judicial district. One of the asserted patents (U.S. Patent
`
`No. 10,929,512), was the subject of litigation in RightQuestion, LLC, v. Samsung Electronics
`
`America, Inc., No. 2:21-CV-00238-JRG (EDTX), and that case settled and was dismissed on July
`
`22, 2022 [Dkt. 111].
`
`IPR, CBM, AND OTHER PGR FILINGS
`
`
`
`Samsung Electronics Co., Ltd. and Samsung Electronics America, Inc. filed IPR2022-
`
`00244 on November 30, 2021, and the PTAB instituted review on June 10, 2022. The parties
`
`settled, and the proceeding terminated on July 26, 2022 before a Final Written Decision issued.
`
`This IPR concerned U.S. Patent No. 10,824,696, which is not asserted but is a family member of
`
`three of the patents asserted.
`
`Samsung Electronics Co., Ltd. and Samsung Electronics America, Inc. filed IPR2022-
`
`00251 on December 1, 2021, and the PTAB denied institution on June 9, 2022. This IPR
`
`concerned U.S. Patent No. 10,929,512, which is asserted.
`
`
`
`There are no other known IPR, CBM, or PGR proceedings at this time.
`
`
`NG-9J84MDUI 4883-8181-4378v2
`
`

`

`NUMBER OF ASSERTED PATENTS AND CLAIMS
`
`Plaintiff has asserted 6 patents and at least 64 claims against Apple. The asserted patents
`
`are U.S. Patent Nos. 10,929,512, 11,475,105, 11,514,138, 9,972,010, 10,713,656, 11,526,886.
`
`Plaintiff states that it will assert additional claims in its Preliminary Infringement Contentions.
`
`APPOINTMENT OF TECHNICAL ADVISER
`
`The parties do not request or oppose the appointment of a technical adviser in this matter
`
`and defer to the Court’s preference.
`
`MEET AND CONFER STATUS
`
`Plaintiff and Defendant met and conferred. The parties have no pre-Markman issues to
`
`raise at the CMC.
`
`
`
`
`NG-9J84MDUI 4883-8181-4378v2
`
`

`

`Dated: June 14, 2023
`
`
`
`
`NG-9J84MDUI 4883-8181-4378v2
`
`MCKOOL SMITH, P.C.
`
`/s/ Joshua W. Budwin
`Joshua W. Budwin, Lead Attorney
`Texas State Bar No. 24050347
`jbudwin@mckoolsmith.com
`George T. Fishback, Jr.
`Texas State Bar No. 24120823
`gfishback@McKoolSmith.com
`Caroline Burks
`Texas State Bar No. 24126000
`cburks@McKoolSmith.com
`MCKOOL SMITH, P.C.
`303 Colorado Street Suite 2100
`Austin, TX 78701
`Telephone: (512) 692-8700
`Telecopier: (512) 692-8744
`
`Richard A. Kamprath
`Texas State Bar No. 24078767
`rkamprath@McKoolSmith.com
`Bradley Jarrett
`Texas State Bar No. 24128518
`bjarrett@mckoolsmith.com
`MCKOOL SMITH, P.C.
`300 Crescent Court, Suite 1500
`Dallas, TX 75201
`Telephone: (214) 978-4210
`
`ATTORNEYS FOR PLAINTIFF
`CARBYNE, LLC
`
`
`
`/s/ Andrew Radsch_________________
`Melissa R. Smith
`State Bar No. 24001351
`GILLAM & SMITH, LLP
`303 South Washington Avenue
`Marshall, Texas 75670
`Tel: (903) 934-8450
`Fax: (903) 934-9257
`melissa@gillamsmithlaw.com
`
`James Travis Underwood
`
`

`

`Texas Bar No. 24102587
`GILLAM & SMITH, LLP
`102 N. College, Suite 800
`Tyler, Texas 75702
`Tel: (903) 934-8450
`Fax: (903) 934-9257
`Email: travis@gillamsmithlaw.com
`
`James R. Batchelder (pro hac vice)
`Andrew Radsch
`James Mack (admission pending)
`ROPES & GRAY LLP
`1900 University Avenue
`East Palo Alto, CA 94303-2284
`Tel: (650) 617-4000
`Fax: (650) 617-4090
`James.Batchelder@ropesgray.com
`Andrew.Radsch@ropesgray.com
`James.Mack@ropesgay.com
`
`Cassandra Roth (pro hac vice)
`ROPES & GRAY LLP
`1211 Avenue of the Americas
`New York, NY 10036-8704
`Tel: (212) 596-9000
`Fax: (212) 596-9090
`Cassandra.Roth@ropesgray.com
`
`Allen S. Cross (pro hac vice)
`Nicole Pobre (pro hac vice)
`ROPES & GRAY LLP
`2099 Pennsylvania Avenue, N.W.
`Washington, DC 20006
`Tel: (202) 508-4600
`Fax: (202) 508-4650
`Allen.cross@ropesgray.com
`Nicole.Pobre@ropesgray.com
`
`S. Lara Ameri (pro hac vice)
`ROPES & GRAY LLP
`Prudential Tower
`800 Boylston Street
`Boston, MA 02199-3600
`Tel: (617) 951-7000
`Fax: (617) 951-7050
`Lara.Ameri@ropesgray.com
`
`
`NG-9J84MDUI 4883-8181-4378v2
`
`

`

`
`ATTORNEYS FOR DEFENDANT
`APPLE INC.
`
`
`
`
`
`
`
`
`CERTIFICATE OF SERVICE
`
`
`
`
`
`I hereby certify that a true and correct copy of the above and foregoing document has been
`
`.
`
`
`
`served on all counsel of record via the Court’s ECF system on June 14, 2023.
`
`
`
`
`
`
`
`
`
`
`
`
`
`/s/ Joshua W. Budwin
`Joshua W. Budwin
`
`
`
`
`
`
`CERTIFICATE OF CONFERENCE
`The undersigned hereby certifies that counsel has complied with the meet and confer
`
`requirement in compliance with Local Rule CV-7(g), and that this motion is unopposed.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`/s/ Joshua W. Budwin
`Joshua W. Budwin
`
`
`
`
`NG-9J84MDUI 4883-8181-4378v2
`
`

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