`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`
`AUSTIN DIVISION
`CARBYNE BIOMETRICS, LLC,
`Plaintiff, Civil Action No. 1:23-cv-00324
`Vs.
`APPLE INC., JURY TRIAL
`Defendant.
`
`PLAINTIFF, CARBYNE BIOMETRICS, LLC’S OPPOSED
`MOTION TO STAY PROCEEDINGS
`
`Plaintiff Carbyne Biometrics, LLC (“Carbyne”), hereby moves to stay all pending
`deadlines and the trial setting, as the Court’s oral ruling on Apple’s Motion for Summary Judgment
`on Invalidity for Lack of Subject Matter Eligibility Under 35 U.S.C. § 101 [Dkt. 183] (“Apple’s §
`101 Motion”) at the pretrial conference on February 7, 2025 held each of the asserted claims of
`the five remaining patents-in-suit to be unpatentable.
`
`Carbyne requests that the trial setting be vacated and that all deadlines be stayed until the
`Court issues its written orders: (i) denying Apple’s challenge to Carbyne’s standing to bring
`suit on the two Authentication Patents—U.S. Patent Nos. 11,475,105 and 11,514,138—(see
`order setting evidentiary hearing [Dkt. 157]; the parties’ post-hearing briefs [Dkts. 268-270];
`and the parties’ responses to post-hearing briefs [Dkts. 303-305]); and (ii) granting Apple’s § 101
`Motion.
`
`In light of the Court’s rulings during the February 7, 2025 Final Pretrial Conference, Apple
`
`believes this motion is unnecessary.
`
`
`
`
`
`
`
`
`Case 1:23-cv-00324-ADA Document 392 Filed 02/11/25 Page 2 of 4
`
`Dated: February 11, 2025. 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
`Daniel Iliasevitch
`
`Texas State Bar No. 24125631
`diliasevitch@McKoolSmith.com
`Clare Churchman
`
`Texas State Bar No. 24132041
`cchurchman@mckoolsmith.com
`McKooL SMITH, P.C.
`
`300 Crescent Court, Suite 1500
`Dallas, TX 75201
`
`Telephone: (214) 978-4210
`
`Kevin Burgess
`
`Texas State Bar No. 24006927
`kburgess@mckoolsmith.com
`Jennifer L. Truelove
`
`Texas State Bar No. 24012906
`jtruelove@mckoolsmith.com
`McKooL SMITH, P.C.
`
`104 E. Houston Street, Suite 300
`Marshall, Texas 75670
`
`Phone: (903) 923-9000
`
`
`
`
`
`
`
`
`Case 1:23-cv-00324-ADA Document 392 Filed 02/11/25 Page 3 of 4
`
`ATTORNEYS FOR PLAINTIFF
`CARBYNE BIOMETRICS, LLC
`
`
`
`
`
`
`
`
`Case 1:23-cv-00324-ADA Document 392 Filed 02/11/25 Page 4 of 4
`
`CERTIFICATE OF CONFERENCE
`
`I hereby certify that counsel for Carbyne and Apple conferred with regard to Carbyne’s
`Motion to Stay Proceedings. Apple believes this motion is unnecessary and opposes as such.
`
`/s/ Joshua W. Budwin
`Joshua W. Budwin
`
`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 February 11, 2025.
`
`/s/ Joshua W. Budwin
`Joshua W. Budwin
`
`
`
`
`
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`
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