Jawbone Innovations, LLC v. Apple Inc.

Filing 93

ORDER GRANTING 38 Apples Motion to Transfer; DENYING as moot 78 Motion to Supplement and Striking all transfer briefing filed after August 30, 2022 ( 90 , 91 , 92 ) AS UNTIMELY FILED. Signed by Judge Alan D Albright. (lad)

Case 6:21-cv-00984-ADA Document 93 Filed 09/15/22 Page 1 of 3

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TEXAS
WACO DIVISION
JAWBONE INNOVATIONS, LLC,
Plaintiff,
v.
APPLE INC.,
Defendant.

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Civil No. 6:21-CV-00984-ADA

TRANSFER ORDER
This opinion memorializes the Court’s decision on Defendant Apple Inc.’s (“Apple” or
“Defendant”) Motion to Transfer Venue from the Western District of Texas (“WDTX”) to the
Northern District of California (“NDCA”) under 28 U.S.C. § 1404(a). ECF NO. 38.
This case was filed on September 23, 2021. Apple filed its transfer motion on May 2, 2022.
The Court’s Order Governing Proceedings (“OGP”) sets rules governing motions to transfer. OGP
§ IV. For cases filed before March 7, 2022, the OGP refers to the Second Amended Standing
Order Regarding Motions for Inter-District Transfer. Id. The Second Amended Standing Order
Regarding Motions for Inter-District Transfer sets a three-month deadline for venue discovery
from the filing of the initial motion, another two weeks for the Plaintiff’s response, and another
two weeks for the Defendant’s reply.
Thus, venue discovery should have concluded on August 2, 2022, which is three months
from the transfer motion filing on May 2, 2022. Plaintiff’s response was due on August 16, 2022,
which is two weeks thereafter. Defendant’s reply was due on August 30, 2022.
Due to Apple’s pending transfer motion, the Court needed to reschedule the Markman
hearing originally set for July 27, 2022 to comply with the Federal Circuit’s order. ECF No. 66;
ECF No. 76; In re SK Hynix Inc., 835 F. App’x 600, 601 (Fed. Cir. Feb. 1, 2021) (“the district
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Case 6:21-cv-00984-ADA Document 93 Filed 09/15/22 Page 2 of 3

court must stay all proceedings concerning the substantive issues in the case until such time that it
has issued a ruling on the transfer motion.”). The Court rescheduled the Markman hearing for
September 22, 2022 so that the Court would have at least three weeks to rule on the transfer motion
after the conclusion of briefing on August 30, 2022. ECF No. 89.
On August 24, 2022, the parties filed a Joint Notice Regarding Venue Discovery and
Briefing. ECF No. 86. The Parties modified their own discovery deadlines as permitted by the
Court. However, the Parties also improperly modified Jawbone’s opposition deadline to September
8, 2022 and Apple’s Reply to September 22, 2022.
This modification of the briefing deadline violates the Court’s rules. The Court’s Amended
Standing Order Regarding Joint or Unopposed Request to Change Deadlines allows parties to
stipulate to any deadline change that “does not extend any deadline of a final submission that
affects the Court’s ability to hold a scheduled hearing.” Modifying the transfer opposition deadline
without motion violated this rule. Setting Apple’s reply to September 22, 2022—the same date as
the Markman hearing—also violates this rule because the Court cannot hold the Markman hearing
before ruling on the motion to transfer.
IT IS HEREBY ORDERED:
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All transfer briefing (ECF NO. 90, 91, 92) filed after August 30, 2022 is hereby
STRICKEN AS UNTIMELY.

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Apple WAIVES its right to file a reply in support of transfer.

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Apple’s Motion to Supplement (ECF No. 78) is hereby DENIED AS MOOT.

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Apple’s Motion to Transfer (ECF No. 38) is hereby GRANTED as unopposed.

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The Clerk of the Court is hereby ORDERED to transfer this case to the Northern
District of California.
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SIGNED this 15th day of September, 2022.

ALAN D ALBRIGHT
UNITED STATES DISTRICT JUDGE

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