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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,
v.
RACKSPACE US, INC., NETAPP, INC., and SOLIDFIRE, INC., Defendants.

          MEMORANDUM OPINION AND ORDER

          JOHN D. LOVE UNITED STATES MAGISTRATE JUDGE

         Before 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).

         Also 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.)

         The 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.)

         Since 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. 176);
• 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 motion ...

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