`
`____________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`____________________
`
`APPLE INC.,
`Petitioner,
`
`
`v.
`
`LONGITUDE FLASH MEMORY SYSTEMS S.A.R.L.,
`Patent Owner.
`____________________
`
`Case No. IPR2015-01933
`Patent 6,831,865
`
`____________________
`
`JOINT MOTION TO TERMINATE PROCEEDING
`
`PURSUANT TO 35 U.S.C. § 317
`
`
`
`Pursuant to 35 U.S.C. § 317(a), Petitioner Apple Inc. (“Apple”) and Patent
`
`Owner Longitude Flash Memory Systems S.A.R.L. (“Longitude”) jointly request
`
`termination of IPR2015-01933 directed to U.S. Patent No. 6,831,865. Exclusive
`
`licensee Longitude Licensing Ltd. joins this request.
`
`A Stipulation Dismissing with Prejudice between Apple and Longitude has
`
`been made in writing, and a true copy of the same is attached as Exhibit 1041. Apple
`
`and Longitude jointly certify that no agreements exist between the parties that are
`
`made in connection with, or in contemplation of, the termination of the instant
`
`proceedings, other than the Stipulation Dismissing with Prejudice attached here as
`
`Exhibit 1041.
`
`In accordance with 35 U.S.C. § 317(a), because Apple and Longitude jointly
`
`request this termination as to Apple’s involvement in this Inter Partes Review, no
`
`estoppel under 35 U.S.C. § 315(e) shall attach to Apple.
`
`1. Related District Court Litigation
`
`Longitude has asserted U.S. Patent No. 6,831,865 against Apple in the case
`
`styled Longitude Licensing Ltd. and Longitude Flash Memory Systems S.A.R.L. v.
`
`Apple Inc., No. 3:14-cv-4275, pending in the United States District Court for the
`
`Northern District of California (“the Litigation”). The District Court stayed the
`
`Litigation on October 29, 2015. Apple and Longitude have stipulated to the
`
`dismissal with prejudice of the Litigation with respect to all of the claims involving
`
`
`
`
`
`the ’865 Patent. See Ex. 1041. Accordingly, the ’865 Patent is no longer at issue in
`
`the Litigation.
`
`Apple and Longitude are not aware of any other litigation involving one or
`
`Respectfully submitted,
`
` /s/ Brent K. Yamashita
`Brent K. Yamashita
`Registration No. 53,808
`DLA PIPER LLP (US)
`2000 University Avenue
`East Palo Alto, CA 94303-2214
`Telephone: 650.833.2348
`Facsimile: 650.687.1206
`Attorney for Petitioner
`
` /s/ Walter D. Davis, Jr.
`Walter D. Davis, Jr.
`Registration No. 45,137
`DAVIDSON BERQUIST
`JACKSON & GOWDEY LLP
`8300 Greensboro Drive, Suite 500
`McLean, VA 22102
`Telephone: 571.765.7700
`Facsimile: 571.765.7200
`Attorney for Patent Owner
`
`
`
`
`
`
`
`
`
`more of the asserted patents.
`
`
`
`Dated:
`
`March 18, 2016
`
`Dated:
`
`March 18, 2016
`
`
`
`CERTIFICATE OF SERVICE
`
`The undersigned certifies that the foregoing JOINT MOTION TO
`
`
`
`TERMINATE PROCEEDING PURSUANT TO 35 U.S.C. § 317, was served
`
`electronically via email on March 18, 2016, in its entirety on the following:
`
`Walter D. Davis, Jr. (Reg. No. 45,137)
`Wayne M. Helge (Reg. No. 56,905)
`James T. Wilson (Reg. No. 41,439)
`DAVIDSON BERQUIST JACKSON & GOWDEY LLP
`8300 Greensboro Drive, Suite 500
`McLean, VA 22102
`Tel: (571) 765-7700
`Email: wdavis@dbjg.com
`Email: whelge@dbjg.com
`Email: jwilson@dbjg.com
`
`
`
`
`
`Dated:
`
`March 18, 2016
`
` Respectfully submitted,
`
`
`
` /s/Brent K.Yamashita
`Registration No. 53,808
`DLA PIPER LLP (US)
`2000 University Avenue
`East Palo Alto, CA 94303-2214
`Telephone: 650.833.2348
`Facsimile: 650.687.1206
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