`
`
`XR COMMUNICATIONS, LLC, dba
`VIVATO TECHNOLOGIES,
`
`Plaintiff,
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`
`
`
`Case No. 6:21-cv-620-ADA
`
`
`
`
`
`v.
`
`
`APPLE INC.
`
`
`Defendants.
`
`
`
`
`NOTICE OF PTAB DECISION DENYING INSTITUTION OF
`INTER PARTES REVIEW FOR THE ASSERTED ’235 PATENT
`
`Plaintiff XR Communications, LLC submits this notice regarding inter partes review (IPR)
`
`proceedings for one of the asserted patents in this case, U.S. Patent No. 10,715,235 (“’235 patent”).
`
`Petitioners Apple Inc. and HP Inc. filed an IPR petition challenging claims 1–7 and 15–16 of the
`
`’235 patent (IPR2022-01155). On January 5, 2023, the PTAB denied institution of Apple/HP’s
`
`IPR. The PTAB determined that Apple/HP had not shown a reasonable likelihood of invalidity for
`
`any challenged claim. A copy of the PTAB’s decision is attached as Exhibit 1.
`
`In this case, the currently asserted claims of the ’235 patent are claims 1, 2, 4, 5, 8, 9, 11,
`
`12, 15, and 16. As a result of the institution denial, there are no pending IPRs that could affect the
`
`validity of most of the ’235 patent asserted claims (claims 1, 2, 4, 5, 15, and 16).
`
`Date: January 11, 2022
`
`
`
`Respectfully submitted,
`
`/s/ Reza Mirzaie
`Marc A. Fenster
`Reza Mirzaie
`Philip X. Wang
`James N. Pickens
`
`
`
`
`1
`
`
`
`Case 6:21-cv-00620-ADA Document 87 Filed 01/11/23 Page 2 of 3
`
`Minna Y. Chan
`Christian Conkle
`Jason Wietholter
`
`RUSS AUGUST & KABAT
`12424 Wilshire Blvd. 12th Floor
`Los Angeles, CA 90024
`T: 310/826-7474
`F: 310/826-6991
`rmirzaie@raklaw.com
`rak_vivato@raklaw.com
`
`Counsel for Plaintiff XR
`Communications LLC dba Vivato
`Technologies
`
`
`
`2
`
`
`
`Case 6:21-cv-00620-ADA Document 87 Filed 01/11/23 Page 3 of 3
`
`CERTIFICATE OF SERVICE
`
`I certify that on January 11, 2023, I electronically filed this document with the Clerk of
`
`Court via the Court’s CM/ECF system which will send notification of such filing to all counsel
`
`of record, all of whom have consented to electronic service in this action.
`
`/s/ Reza Mirzaie
`Reza Mirzaie
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
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