GoDaddy.com LLC v. RPost Communications Limited et al
| GoDaddy.com LLC |
| RPost Communications Limited, RMail Limited, RPost International Limited and RPost Holdings Incorporated |
| 2:2014cv00126 |
| January 22, 2014 |
| US District Court for the District of Arizona |
| Phoenix Division Office |
| XX US, Outside State |
| James A Teilborg |
| Patent |
| 35 U.S.C. ยง 271 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
381
ORDER: GoDaddy's Motion for Attorneys' Fees and Non-Taxable Related Expenses 353 is denied; RPost's Motion for Attorneys' Fees and Non-Taxable Related Expenses 356 is denied; the Motions to Seal 354 , 360 , 372 are denied; the Clerk shall strike from the record the documents lodged at 355 , 361 , 368 , and 373 and leave them under seal; GoDaddy shall file, in unsealed format, Exhibit 5 to its motion for attorneys' fees within two days; GoDaddy's Motion for the Court to Review the Clerk's Taxation of Costs 375 is granted in part and denied in part; the Clerk's Judgment on Taxation of Costs 374 is vacated; GoDaddy is awarded $14,728.24 in taxable costs against RPost, RPost is awarded nothing, and the Clerk shall enter judgment in these amounts accordingly. Signed by Senior Judge James A Teilborg on 8/31/16. (REW)
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Filing
344
ORDER granting 257 GoDaddy's Motion for Summary Judgment. ORDERED granting 284 RPost's Motion for Summary Judgment on Plaintiff's Count I (Fraudulent Misrepresentation of Patent Ownership). The jury trial set for August 22, 2016 is VACATED. FINALLY ORDERED that the Clerk of Court shall enter judgment in this case with prejudice in favor of Plaintiff and against Defendants on Counts VIII-XIII and XV of the First Amended Complaint. Counts III-VII are DISMISSED without prejudic e as moot, Plaintiff shall take nothing on these Counts and the Clerk of Court shall enter judgment accordingly on these Counts. The Clerk of Court shall enter judgment in favor of Defendants and against Plaintiff on Count I of the First Amended C omplaint. This judgment addresses the entire First Amended Complaint, (Doc. 46 ). Due to the Declarations stated above, Defendants Counterclaims, (Doc. 108 ), are DISMISSED in their entirety without prejudice, and the Clerk of Court shall enter judgment accordingly on the Counterclaims. Signed by Senior Judge James A Teilborg on 6/7/16.(EJA)
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Filing
336
ORDER - IT IS ORDERED that GoDaddy's Motion to Strike RPost's Rule 56.1 Reply Statement of Facts, (Doc. 322 ), is DENIED. The Court will only consider RPost's RSOF Nos. 2 8 , 10 12 , and 14 19 which attempt to cure GoDaddy 9;s evidentiary objections. Within three days from the date of this Order, GoDaddy may file its own controverting statement of facts in response to these designated RSOF only. IT IS FURTHER ORDERED that RPost's Motion to Strike or in the Alter native Seal, Exhibit 40 to GoDaddy's Reply in Support of its Motion for Summary Judgment, (Doc. 324 ), is GRANTED to the extent it seeks to strike the document. The Clerk of Court shall strike Docket No. 314 -1 from the record. The Alternat ive request to seal the document is DENIED. IT IS FURTHER ORDERED that RPost's Motion to Seal (Doc. 305 ) is GRANTED. The Clerk of Court shall file under seal the document currently lodged at Docket No. 306 . IT IS FINALLY ORDERED that RPost's Motion to Seal (Doc. 319 ) is GRANTED. The Clerk of Court shall file under seal the document currently lodged at Docket No. 320 . (See document for further details). Signed by Senior Judge James A Teilborg on 6/1/16. (LAD)
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Filing
327
ORDER: IT IS ORDERED that GoDaddy's Motion to Preclude Testimony of Defendants' Damages Expert Gregory Smith (Doc. 266) is GRANTED. IT IS FURTHER ORDERED that by no later than 12:00 p.m. on Monday, May 16, 2016, RPost is permitted to serve a new expert damages report on GoDaddy. IT IS FINALLY ORDERED that by no later than Monday, May 23, 2016, GoDaddy is permitted to re-depose RPost's expert and serve on RPost any update to its own expert damages report. See attached Order for complete details. Signed by Senior Judge James A Teilborg on 5/10/2016. (KAL)
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Filing
290
ORDER granting 287 Motion for Reconsideration of Limited Portion of the Court's 3/24/16 Order 287 . IT IS FURTHER ORDERED that the parties shall redact the highlighted information in GoDaddy's lodged proposed redactions for all filings due April 1, 2016. IT IS FINALLY ORDERED that the Clerk of Court shall file under seal the documents lodged at Docket Nos. 288 and 289 . (See document for full details). Signed by Senior Judge James A Teilborg on 3/31/16. (LAD)
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Filing
281
ORDER: GoDaddy's Motion to Seal Exhibits 1-3, 5, and 8 to Response Brief 240 is granted; the Clerk shall file under seal the documents lodged at 241 ; RPost's Motion to File under Seal 246 is granted; the Clerk shall file under seal th e documents lodged at 247 ; RPost's Motion to Seal Document 259 is denied as moot; the Clerk shall unseal and file RPost's proposed motion for summary judgment and separate statement of facts that are lodged at 260 and 261 ; GoDaddy&# 039;s Unopposed Motion to Seal Redacted Portions of Exhibits 16-17 and 23 to Declaration of Lewis E. Hudnell, III in Support of RPost's Motion for Summary Judgment of Count I 275 is denied; on 4/1/16, the Clerk shall unseal and file the docume nts that are lodged at 264 ; GoDaddy's Motion to Seal Exhibits to GoDaddy's Statement of Facts in Support of Motion for Summary Judgment 269 is denied; on 4/1/16, the Clerk shall unseal and file the documents that are lodged at 270 ; Go Daddy's Motion to Seal Exhibits to Motion to Preclude Testimony of Damages Expert Gregory Smith and Request to File Under Seal Redacted Portions of its Motion 262 is denied; by 4/1/16, GoDaddy shall file a Notice of Compliance appended with ve rsions of its Motion to Preclude and accompanying exhibits that are in accordance with this Order; once GoDaddy files its Notice of Compliance, the Clerk shall file under seal the documents lodged at 263 ; RPost's Motion to File Under Seal 277 is denied; on 4/1/16, the Clerk shall unseal and file the documents that are lodged at 278 . Signed by Senior Judge James A Teilborg on 3/24/16. (REW)
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Filing
249
ORDER: IT IS ORDERED that RPost's Motion for Leave to Serve Amended Infringement Contentions and Supplement Their Opening Infringement Exert Report to Account for the Court's Markman Order 226 is DENIED [see attached Order for details]. Signed by Senior Judge James A Teilborg on 2/5/2016. (KAL)
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Filing
219
ORDER that the Court adopts the constructions, pursuant to Markman, as set forth in this Order for the disputed terms of the Tomkow and Feldbau Patents. FURTHER ORDERED that the parties may not refer, directly or indirectly, to each other's c laim construction positions in the presence of the jury. Likewise, the parties are ordered to refrain from mentioning any portion of this Order, other than the actual definitions adopted by the Court, in the presence of the jury. Any reference to claim construction proceedings is limited to informing the jury of the definitions adopted by the Court. See order for complete details. Signed by Senior Judge James A. Teilborg on 1/19/16. (NKS)
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Filing
185
ORDER granting 174 RPost's Motion to Strike Notice of Filing Supplemental Exhibits 3 and 4 to Plaintiff's Responsive Claim Construction Brief. The Clerk of Court shall strike the documents at (Doc. 171 , 172 , and 173 ) and leave th e documents at (Doc. 173 ) under seal. The Court will not consider GoDaddy's Supplemental Exhibits for purposes of claim construction. IT IS FURTHER ORDERED that Exhibits 1 and 2, which GoDaddy moved to admit during the Markman Hearing, will not be admitted into evidence. Signed by Senior Judge James A Teilborg on 10/27/15. (EJA)
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Filing
107
ORDER - IT IS ORDERED that RPost's Motion to Dismiss Counts XIIIXVI of the First Amended Complaint (Doc. 72 ) is granted in part and denied in part. IT IS FURTHER ORDERED that Counts XIV and XVI of the First Amended Complaint are dismissed wit hout prejudice. IT IS FURTHER ORDERED that to the extent that GoDaddy requests sanctions against RPost under 28 U.S.C. § 1927, that request is denied. IT IS FURTHER ORDERED that Defendants' Motion for Leave to File First Amended Answer to C ounts XIII-XVI of the First Amended Complaint (Doc. 100 ) is denied as moot. IT IS FURTHER ORDERED that RPost shall file an Amended Answer to the First Amended Complaint on or before December 17, 2014. (See document for further details). Signed by Senior Judge James A Teilborg on 12/9/14.(LAD)
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Filing
37
ORDER denying Defendants' 33 Motion to Seal. ORDERED striking Defendants' 34 Lodged Motion to Dismiss and 36 Proposed Additional Attachments. Docs. 34 and 36 shall remain under seal. IT IS FURTHER ORDERED that on or before May 22, 2014 Defendants shall file an Answer or other responsive pleading addressing those counts that were addressed in the now-stricken motion at Doc. 34. Signed by Senior Judge James A Teilborg on 5/20/2014.(LFIG)
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