Opinion
4:20-cv-00477-YGR
01-04-2024
SENTIUS INTERNATIONAL, LLC, Plaintiff, v. APPLE INC., Defendant.
SANDEEP SETH (SBN 195914) SETH LAW OFFICES ROBERT J. YORIO (SBN 93178) CARR & FERRELL LLP Plaintiff SENTIUS INTERNATIONAL, LLC KILPATRICK TOWNSEND & STOCKTON LLP STEVEN D. MOORE (State Bar No. 290875) MANSI H. SHAH (State Bar No. 244669) MATTHEW J. MEYER (State Bar No. 284578) ALTON L. ABSHER III (appearance pro hac vice) ANDREW N. SAUL (appearance pro hac vice) Defendant APPLE INC
SANDEEP SETH (SBN 195914)
SETH LAW OFFICES
ROBERT J. YORIO (SBN 93178)
CARR & FERRELL LLP
Plaintiff SENTIUS INTERNATIONAL, LLC
KILPATRICK TOWNSEND & STOCKTON LLP
STEVEN D. MOORE (State Bar No. 290875)
MANSI H. SHAH (State Bar No. 244669)
MATTHEW J. MEYER (State Bar No. 284578)
ALTON L. ABSHER III (appearance pro hac vice)
ANDREW N. SAUL (appearance pro hac vice)
Defendant APPLE INC
JOINT STATUS REPORT AFTER APPEAL IN IPR PROCEEDINGS; ORDER
HONORABLE YVONNE GONZALEZ ROGERS, UNITED STATES DISTRICT COURT JUDGE
The parties to the above action jointly submit this Joint Status Report pursuant to the Court's Order Continuing Stay Pending Appeal, dated June 6, 2022 (Dkt. No. 82):
The parties report that, on December 11, 2023, the United States Court of Appeals for the Federal Circuit affirmed the Patent Trial and Appeal Board decision determining all challenged claims of U.S. Patent No. 7,672,985 B2 unpatentable. All of the claims asserted by Sentius International. LLC (“Sentius”) against Apple, Inc. were challenged in the IPR proceedings. Copies of the May 4, 2022 final written decision from the Patent Trial and Appeal Board in IPR2020-01646 and the December 11, 2023 decision from the Federal Circuit are attached as Exhibits A and B, respectively.
As the Court previously found the asserted claims of U.S. Patent No. RE43,633 invalid for lack of written description (Zoho Corp. v. Sentius International, LLC, No. 19-cv-00001-YGR, Dkt. No. 81 (N.D. Cal. October 15, 2020)), all asserted patent claims have now been found invalid.
Accordingly, the parties agree that the Court should temporarily continue the stay on this case until the parties have determined what portion of the dispute, if any, remains at issue in this action and have updated the Court accordingly.
SIGNATURE ATTESTATION
Pursuant to Civil Local Rule 5-1(i)(3), the undersigned filer of this document attests that concurrence in the filing of this document has been obtained from each of the other signatories.
CERTIFICATE OF SERVICE
The undersigned hereby certifies that a true and correct copy of the above and foregoing document has been served on December 26, 2023 to all counsel of record who are deemed to have consented to electronic service via the Court's CM/ECF system per Civ. L.R. 5-1(h)(1). Any other counsel of record will be served by U.S. Mail or hand delivery.
ORDER
IT IS SO ORDERED. The parties shall provide the Court with an update by February 9, 2024.