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Realtime Data, LLC v. Rackspace US, Inc.
United States District Court, E.D. Texas, Tyler Division
July 25, 2017
REALTIME DATA, LLC, Plaintiff,
RACKSPACE US, INC., NETAPP, INC., and SOLIDFIRE, INC., Defendants.
MEMORANDUM OPINION AND ORDER
D. LOVE UNITED STATES MAGISTRATE JUDGE
the Court is Defendants NetApp, Inc. and SolidFire, LLC's
(collectively, “NetApp”) Second Renewed Motion to
Stay Litigation Pending Inter Partes Review. (Doc.
No. 196.) Plaintiff Realtime Data, LLC
(“Realtime”) has filed an Opposition (Doc. No.
206) and NetApp has filed a Reply (Doc. No. 208).
before the Court is Defendant Rackspace US, Inc.'s
(“Rackspace”) Renewed Motion to Stay Pending
Inter Partes Review. (Doc. No. 201.) Realtime has
filed a Response. (Doc. No. 207.)
Court incorporates by reference the following Orders:
• Order denying NetApp's original Motion to Stay
pending IPR, issued February 28, 2017. (Doc. No. 105.) This
Order also declined to consider Rackspace's belated
attempt to join the Motion. (Id. at 1 n.1.)
• Order denying Rackspace's original Motion to Stay
pending IPR, issued April 24, 2017. (Doc. No. 150.)
• Order denying NetApp's Renewed Motion to Stay
pending IPR, issued April 24, 2017. (Doc. No. 151.)
the Court's Orders in April 2017 denying stays, at least
the following developments have taken place in this case:
• April 27, 2017: Markman Hearing (Doc. No. 153);
• May 10, 2017: Memorandum Opinion and Order denying
NetApp's Motion to Strike Realtime's Infringement
Contentions and ordering Realtime to serve supplemental
contentions (Doc. No. 156);
• June 8, 2017: Order denying NetApp's request for a
60-day extension of all deadlines, including trial (Doc. No.
• June 14, 2017: Memorandum Opinion and Order construing
disputed claim terms (Doc. No. 183);
• June 19, 2017: Memorandum Opinion and Order granting
Realtime leave to file supplemental infringement contentions
with respect to Rackspace and extending the dispositive