Auburn University v. International Business Machines, Corp.

Plaintiff: Auburn University
Defendant: International Business Machines, Corp.
 
Case Number: 3:2009cv00694
Filed: July 23, 2009
 
Court: Alabama Middle District Court
Office: Opelika Office
County: Lee
Presiding Judge: W. Harold Albritton
Referring Judge: Wallace Capel
 
Nature of Suit: Plaintiff
Cause of Action: 35:271 Patent Infringement
Jury Demanded By: Plaintiff

Available Case Documents

The following documents for this case are available for you to view or download.
Date Filed#Document Text
October 4, 2010 114 Featured Case MEMORANDUM OPINION AND ORDER that IBM show cause in writing on or before 10/6/2010, as to why the Final Infringement Contentions should be filed under seal, as further set out in order. Signed by Hon. Chief Judge Mark E. Fuller on 10/4/2010. (wcl, )
October 7, 2010 116 Featured Case ORDER granting 113 MOTION to Seal; further ORDERED that Plf Auburn University shall show cause on or before 10/14/2010 why the 110 MOTION for Order should not be granted; IBM shall have until 10/21/2010 to file any reply it may wish to file; The motion will be taken under submission on that day for determination without oral hearing. Signed by Hon. Chief Judge Mark E. Fuller on 10/7/2010. (wcl, )
October 14, 2010 122 Featured Case MEMORANDUM OPINION AND ORDER that Auburn show cause in writing on or before 10/18/2010 as to why its opening claim-construction briefs and exhibits thereto should be filed under seal, as further set out in order. Signed by Hon. Chief Judge Mark E. Fuller on 10/14/2010. (wcl, )
January 25, 2011 143 Featured Case ORDERED that on or before 1/28/2011: 1) Dft shall submit case law, if any, whereby a court imported limitations from a preferred embodiment because that was the sole embodiment referencing the claimed invention; and 2) The parties shall provide their objections, if any, to the following proposed claim constructions, as further set out in order; further ORDERED that the parties file supplemental briefing relating to the claim construction of "reliability" as it is used in Dft's patents on or before 2/2/2011; The parties may file responses to the supplemental briefings on or before 2/9/2011. Signed by Hon. Chief Judge Mark E. Fuller on 1/25/2011. (wcl, )
November 1, 2011 268 Featured Case MEMORANDUM OPINION AND ORDER that: (1) The 166 Magistrate Judge's ruling denying Auburn's request for production of additional documents from 2003 - 2007 is hereby AFFIRMED, and, insofar as Auburn's 172 Statement of Appeal constitu tes an objection to the Magistrate Judge's ruling on this issue, that objection is OVERRULED; (2) The 166 Magistrate Judge's ruling denying Auburn's request for production of additional documents from 2003 - 2007 is hereby AFFIRMED I N PART. Insofar as this issue may relate to any documents falling within the scope of Auburn's RFP No. 163, this Court will withhold judgment on that issue until the Court has heard oral argument by the parties. On all other issues related to Au burn's request for additional documents "describing the accused test methods," see Doc. # 175 at 11-14, the Magistrate Judge's order is AFFIRMED. Insofar as Auburn's 172 Statement of Appeal constitutes an objection to the Magistrate Judge's ruling on this issue, that objection is OVERRULED; (3) Auburn's 171 Motion for Oral Argument on Appeal of Magistrate Judge's Order is hereby GRANTED, with Oral Argument set for 12/7/2011 at 02:00 PM in Courtroom 2A before Honorable Judge Mark E. Fuller. Signed by Honorable Judge Mark E. Fuller on 11/1/2011. (furn: Calendar, wr) (Attachments: # 1 Civil Appeals Checklist) (wcl, )
December 6, 2011 288 Featured Case ORDERED that the parties be prepared to argue the 280 and 285 motions in the hearing currently scheduled before this Court for 12/8/2011, at 2:00 PM, Courtroom 2A; ORDER granting 286 Motion to File Under Seal. Signed by Honorable Judge Mark E. Fuller on 12/6/2011.(wcl, )
December 20, 2011 305 Featured Case DISCOVERY ORDER that IBM provide to Auburn by no later than 12/30/2011, certain documents and information, as further set out in order. Signed by Honorable Judge Mark E. Fuller on 12/20/2011. (wcl, )
December 22, 2011 306 Featured Case ORDERED that: 1) Auburn's 285 Motion to Strike IBM's Untimely Dispositive Motion, Doc. # 280 , is hereby GRANTED, as further set out; 2) Auburn's 285 Motion to Preclude IBM's Introduction of a New License Theory is hereby DENI ED; 3) Auburn's 285 Motion for costs associated with discovery related to evidence presented in IBMs response is DENIED; 4) The Magistrate Judge's 166 Order as to discovery of documents relating to the Sony-IBM relationship is hereby RE VERSED and Auburn's Motion to Compel, Doc. # 150 & # 154 , is hereby GRANTED as to the documents encompassed by the Court's previously issued 305 Order; 5) Any further discovery issues in this case are referred to the Magistrate Judge. Signed by Honorable Judge Mark E. Fuller on 12/22/2011. Attachments: # 1 Civil Appeals Checklist) (wcl, )
April 23, 2012 370 Featured Case MEMORANDUM OPINION AND ORDER denying 323 Auburn's MOTION to Amend Its Pleadings to Add a Claim for Declaratory Judgment that the Accused Sony Methods Will Infringe. Signed by Honorable Judge Mark E. Fuller on 4/23/2012. (wcl, )
June 4, 2012 375 Featured Case MEMORANDUM OPINION AND ORDER: it is hereby ORDERED that 1) IBM's 212 Motion for Judgment on the Pleadings is DENIED as MOOT as to Auburn's claims for indirect infringement and DENIED as to Auburn's claims under the doctrine of equiva lents; 2) IBM's 308 Motion for Scheduling Order Regarding Completion of Briefing on IBM's Motion for Summary Judgment of Noninfringement is DENIED as MOOT; 3) Auburn's claims for indirect infringement are DISMISSED WITH PREJUDICE; 4) IBM's 229 Contingent Motion to Strike Portions of Dr. F. Joel Ferguson's Expert Report is DENIED; 5) Auburn's 251 Motion for Leave to File Supplemental Evidentiary Submission in Opposition to IBM's Motion Under Federal Rule 12(c) and Contingent Motion to Strike Portions of Dr. Joel F. Ferguson's Expert Report is DENIED as MOOT. Signed by Honorable Judge Mark E. Fuller on 6/4/2012. (Attachments: # 1 Civil Appeals Checklist) (wcl, )
August 2, 2012 381 Featured Case ORDER AND MEMORANDUM OPINION: it is hereby ORDERED that (1) IBM's 261 Motion for Summary Judgment of Noninfringement is GRANTED and the claims contained in Counts III and IV of Auburn's 87 First Amended Complaint are DISMISSED WITH PREJ UDICE; (2) IBM's 257 Motion for Summary Judgment of No Willful Infringement is DENIED as MOOT; (3) Auburn's 258 Motion for Summary Judgment on IBM's 35 USC Section 273 Affirmative Defense is DENIED as MOOT; (4) The Court RESERVES RULING on Auburn's 260 Motion for Partial Summary Judgment of No Invalidity of Claims. Signed by Honorable Judge Mark E. Fuller on 8/2/2012. (Attachments: # 1 Civil Appeals Checklist) (wcl, )
October 30, 2012 391 Featured Case ORDER granting 389 Opposed Motion for Leave to File a Surreply; Dft shall file its surreply brief on or before 11/2/2012, at which point briefing on Plf's 382 Motion for Entry of Judgment Under Rule 54(b) shall be closed absent a showing of good cause. Signed by Honorable Judge Mark E. Fuller on 10/30/2012. (wcl, )
March 29, 2013 395 Featured Case ORDER denying as moot 355 Daubert Motion to Strike Certain Opinions of David G. Borden. Signed by Honorable Judge Mark E. Fuller on 3/29/2013. (wcl, )
November 9, 2009 47 Featured Case MEMORANDUM OPINION AND ORDER directing as follows: (1) the plf's 45 motion to file a surreply is GRANTED; (2) the 30 motion to Dismiss is GRANTED and Counts III and IV of the Complaint are DISMISSED without prejudice; (3) Auburn is given unt il 11/16/2009 to file a motion for leave to file an amended complaint, as further set out in order; (4) IBM is given until 11/23/09 to response to any motion for leave to file an amended complaint which Auburn may file. Signed by Honorable W. Harold Albritton, III on 11/9/09. (Attachments: # 1 civil appeals checklist)(djy, ) (Additional attachment(s) added on 11/10/2009 to correct typographical error in heading: # 2 main document) (qc/djy, ).
June 8, 2010 85 Featured Case MEMORANDUM OPINION AND ORDER: 1) Auburn's 50 Motion for Leave to File an Amended Complaint is DENIED with respect to Auburn's proposed Count III (unjust enrichment) and Count IV (conversion) and GRANTED in all other respects; 2) Auburn must file an amended complaint consistent with this Memorandum Opinion and Order on or before 6/17/2010. Signed by Hon. Chief Judge Mark E. Fuller on 6/8/2010. (wcl, )

Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Search for this case: Auburn University v. International Business Machines, Corp.
Search Blogs [ Justia BlawgSearch | Google Blogsearch ]
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Auburn University
Represented By: Griffin Lane Knight
Search Blogs [ Justia BlawgSearch | Google Blogsearch ]
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: International Business Machines, Corp.
Search Blogs [ Justia BlawgSearch | Google Blogsearch ]
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]