EMG Technology, LLC v. Apple, Inc.
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| Plaintiff: | EMG Technology, LLC |
|---|---|
| Defendant: | Apple, Inc. |
| Case Number: | 6:2008cv00447 |
| Filed: | November 24, 2008 |
| Court: | Texas Eastern District Court |
| Office: | Patent Office [ Court Info ] |
| County: | Smith |
| Presiding Judge: | Judge Leonard Davis |
| Nature of Suit: | Intellectual Property - Patent |
| Cause: | Federal Question |
| Jurisdiction: | Federal Question |
| Jury Demanded By: | 35:183 Patent Infringement |
Available Case Documents
Some selected documents for this case are included below.
| Date Filed | # | Document Text |
|---|---|---|
| November 24, 2008 | 1 | COMPLAINT for Patent Infringement against Apple, Inc. ( Filing fee $ 350 receipt number 05400000000001777958.), filed by EMG Technology, LLC. (Attachments: # 1 Exhibit A, # 2 Civil Cover Sheet)(Ainsworth, Charles) |
| November 24, 2008 | 2 | Notice of Filing of Patent/Trademark Form (AO 120). AO 120 mailed to the Director of the U.S. Patent and Trademark Office. (Ainsworth, Charles) |
| November 24, 2008 | 3 | CORPORATE DISCLOSURE STATEMENT filed by EMG Technology, LLC (Ainsworth, Charles) |
| November 24, 2008 | 4 | NOTICE of Attorney Appearance by Robert Christopher Bunt on behalf of EMG Technology, LLC (Bunt, Robert) |
| November 25, 2008 | 6 |  ORDER that the pltf file a notice that the case is ready for scheduling conference when all of the defts have either answered or filed a motion to transfer or dismiss. Signed by Judge Leonard Davis on 11/25/08. cc:pltf 11-25-08(mll, ) |
| December 5, 2008 | 7 | APPLICATION to Appear Pro Hac Vice by Attorney Stanley M Gibson for EMG Technology, LLC. (mll, ) |
| December 5, 2008 | 8 | APPLICATION to Appear Pro Hac Vice by Attorney Joshua S Hodas for EMG Technology, LLC. (mll, ) |
| December 9, 2008 | 9 | Return of Service Executed as to Apple, Inc. on 11/25/2008, by personal service; answer due: 12/15/2008. (mll, ) |
| December 10, 2008 | 10 | NOTICE of Attorney Appearance by David J Healey on behalf of Apple, Inc. (Healey, David) |
| December 10, 2008 | 11 | Defendant's Unopposed First Application for Extension of Time to Answer Complaint re Apple Inc.( Healey, David) |
| December 10, 2008 | 12 | NOTICE of Attorney Appearance by Garland T Stephens on behalf of Apple, Inc. (Stephens, Garland) |
| December 10, 2008 | 13 | NOTICE of Attorney Appearance by John R Lane on behalf of Apple, Inc. (Lane, John) |
| January 5, 2009 | 14 | AMENDED COMPLAINT (First Amended Complaint for Patent Infringement) against American Airlines, Inc., Bloomberg, L.P., Continental Airlines, Inc., The Weather Channel Interactive, Inc., Apple, Inc., filed by EMG Technology, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Ainsworth, Charles) |
| January 12, 2009 | 17 | FILED IN ERROR. PLEASE DISREGARD. NOTICE of Voluntary Dismissal of The Weather Channel without Prejudice by EMG Technology, LLC (Ainsworth, Charles) Modified on 1/12/2009 (gsg). |
| January 12, 2009 | 18 | NOTICE by EMG Technology, LLC OF VOLUNTARY DISMISSAL, WITHOUT PREJUDICE, OF The Weather Channel Interactive, Inc. (Ainsworth, Charles) |
| January 14, 2009 | 19 | Return of Service Executed as to American Airlines, Inc. on 1/8/2009, by personal service; answer due: 1/28/2009. (mll, ) |
| January 14, 2009 | 20 | Return of Service Executed as to Continental Airlines, Inc. on 1/8/2009, by personal service; answer due: 1/28/2009. (mll, ) |
| January 15, 2009 | 21 | Defendant Bloomberg, L.P.'s Unopposed First Application for Extension of Time to Answer Complaint (DeRieux, Elizabeth) |
| January 15, 2009 | 22 | Defendant's Unopposed Second Application for Extension of Time to Answer Complaint re Apple, Inc.( Healey, David) |
| January 26, 2009 | 23 | Defendant CONTINENTAL AIRLINES, INC. Unopposed First Application for Extension of Time to Answer Complaint filed by EMG Technology, LLC, Plaintiff.( Ainsworth, Charles) |
| January 27, 2009 | 24 | Defendant's Unopposed First Application for Extension of Time to Answer Complaint re American Airlines, Inc..( McKool, Mike) |
| January 28, 2009 | 25 | ***FILED IN ERROR. PLEASE DISREGARD.*** MOTION for Leave to File Plaintiff's Second Amended Complaint by EMG Technology, LLC. (Attachments: # 1 Exhibit 1 - Second Amended Complaint, # 2 Text of Proposed Order)(Ainsworth, Charles) Modified on 1/29/2009 (mjc ). |
| January 29, 2009 | 26 | Consent MOTION for Leave to File Second Amended Complaint by EMG Technology, LLC. (Attachments: # 1 Exhibit 1 - Second Amended Complaint, # 2 Text of Proposed Order)(Ainsworth, Charles) |
| January 30, 2009 | 27 | ORDER granting 26 Motion for Leave to File Second Amended Complaint. Signed by Judge Leonard Davis on 01/30/09. cc:attys 1-30-09 (mll, ) |
| January 30, 2009 | 28 | ***FILED IN ERROR. PLEASE DISREGARD.***AMENDED COMPLAINT (SECOND AMENDED COMPLAINT FOR PATENT INFRINGEMENT) against United Parcel Service, Inc., Apple, Inc., American Airlines, Inc., Bloomberg, L.P., Continental Airlines, Inc., filed by EMG Technology, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Ainsworth, Charles) Modified on 1/30/2009 (mjc ). |
| January 30, 2009 | 29 | ***CORRECTED DOCUMENT. REPLACES 28 .***AMENDED COMPLAINT (SECOND AMENDED COMPLAINT FOR PATENT INFRINGEMENT) against Apple, Inc., American Airlines, Inc., Bloomberg, L.P., Continental Airlines, Inc., United Parcel Service, Inc., filed by EMG Technology, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Ainsworth, Charles) Modified on 1/30/2009 (mjc ). |
| February 4, 2009 | 31 | Defendant's Unopposed Second Application for Extension of Time to Answer Complaint re Apple, Inc..( Healey, David) |
| February 4, 2009 | 32 | Return of Service Executed as to Apple, Inc. on 1/12/2009, by personal service. (mll, ) |
| February 4, 2009 | 33 | Return of Service Executed as to Bloomberg, L.P. on 1/8/2009, by personal service. (mll, ) |
| February 6, 2009 | 35 | Defendant's Unopposed Second Application for Extension of Time to Answer Complaint re American Airlines, Inc..( Baxter, Samuel) |
| February 13, 2009 | 36 | Defendant's Unopposed First Application for Extension of Time to Answer Complaint re United Parcel Service, Inc..( Cook, Jason) |
| February 17, 2009 | 37 | Return of Service Executed as to United Parcel Service, Inc. on 2/2/2009, by personal service. (mll, ) |
| February 17, 2009 | 38 | Return of Service Executed as to Continental Airlines, Inc. on 2/6/2009, by personal service. (mll, ) |
| February 23, 2009 | 39 | APPLICATION to Appear Pro Hac Vice by Attorney Jennifer R Liotta for United Parcel Service, Inc.. (mll, ) |
| February 23, 2009 | 40 | APPLICATION to Appear Pro Hac Vice by Attorney Siraj Abhyankar for United Parcel Service, Inc.. (mll, ) |
| March 4, 2009 | 41 | APPLICATION to Appear Pro Hac Vice by Attorney Robert D Becker for EMG Technology, LLC. (mll, ) |
| March 12, 2009 | 42 | Agreed MOTION for Extension of Time to File Answer re 29 Amended Complaint, for CONTINENTAL AIRLINES, INC. by EMG Technology, LLC. (Attachments: # 1 Text of Proposed Order)(Ainsworth, Charles) |
| March 13, 2009 | 43 | ORDER granting 42 Motion for Extension of Time to Answer re 29 Amended Complaint. Continental Airlines Inc shall be permitted to answer or otherwise respond to pltf's Second Amended Complaint up to and including 3-31-09. Signed by Judge Leonard Davis on 03/13/09. cc:attys 3-13-09 (mll, ) |
| March 13, 2009 | 44 | Unopposed MOTION for Extension of Time to File Answer re 29 Amended Complaint, SECOND UNOPPOSED MOTION TO EXTEND TIME FOR APPLE INC. TO MOVE, ANSWER OR OTHERWISE RESPOND by Apple, Inc.. (Attachments: # 1 Text of Proposed Order)(Healey, David) |
| March 16, 2009 | 45 | Defendant's Unopposed Second Application for Extension of Time to Answer Complaint re United Parcel Service, Inc..(Abhyankar, Siraj) |
| March 16, 2009 | 46 | ORDER granting 44 Motion for Extension of Time to Answer re 29 Second Amended Complaint. Apple Inc is given to 3-31-09 to move, answer or otherwise respond to EMG's Second Amended Complaint. Signed by Judge Leonard Davis on 03/16/09. cc:attys 3-16-09 (mll, ) |
| March 16, 2009 | 47 | ANSWER to 29 Amended Complaint, by Bloomberg, L.P..(DeRieux, Elizabeth) |
| March 16, 2009 | 48 | CORPORATE DISCLOSURE STATEMENT filed by Bloomberg, L.P. (DeRieux, Elizabeth) |
| March 16, 2009 | 49 | ANSWER to 29 Amended Complaint,, COUNTERCLAIM against EMG Technology, LLC by American Airlines, Inc..(DeRieux, Elizabeth) |
| March 16, 2009 | 50 | NOTICE of Attorney Appearance by Sidney Calvin Capshaw, III on behalf of American Airlines, Inc., Bloomberg, L.P. (Capshaw, Sidney) |
| March 16, 2009 | 51 | NOTICE of Attorney Appearance by Nancy Claire Abernathy on behalf of American Airlines, Inc., Bloomberg, L.P. (Abernathy, Nancy) |
| March 16, 2009 | 52 | NOTICE of Attorney Appearance by Daymon Jeffrey Rambin on behalf of American Airlines, Inc., Bloomberg, L.P. (Rambin, Daymon) |
| March 16, 2009 | 53 | APPLICATION to Appear Pro Hac Vice by Attorney Robert L Lee for United Parcel Service, Inc.. (mll, ) |
| March 16, 2009 | 54 | APPLICATION to Appear Pro Hac Vice by Attorney Patrick J Flinn for United Parcel Service, Inc.. (mll, ) |
| March 19, 2009 | 55 | CORPORATE DISCLOSURE STATEMENT filed by American Airlines, Inc. (DeRieux, Elizabeth) |
| March 31, 2009 | 56 | United Parcel Service, Inc.'s ANSWER to 29 Amended Complaint, Affirmative Defenses, COUNTERCLAIM against EMG Technology, LLC by United Parcel Service, Inc..(Abhyankar, Siraj) |
| March 31, 2009 | 57 | CORPORATE DISCLOSURE STATEMENT filed by United Parcel Service, Inc. (Abhyankar, Siraj) |
| March 31, 2009 | 58 | ANSWER to 29 Amended Complaint,, COUNTERCLAIM against EMG Technology, LLC by Continental Airlines, Inc..(Andrews, Jeffrey) |
| March 31, 2009 | 59 | ANSWER to 29 Amended Complaint, Apple Inc.'s Answers, Affirmative Defenses And Counterclaims To EMG Technology, LLC's Second Amended Complaint For Patent Infringement, COUNTERCLAIM against EMG Technology, LLC by Apple, Inc..(Healey, David) |
| March 31, 2009 | 60 | CORPORATE DISCLOSURE STATEMENT filed by Apple, Inc. (Healey, David) |
| April 1, 2009 | 61 | CORPORATE DISCLOSURE STATEMENT filed by Continental Airlines, Inc. (Andrews, Jeffrey) |
| April 2, 2009 | 62 | NOTICE by EMG Technology, LLC THAT CASE IS READY FOR SCHEDULING CONFERENCE (Ainsworth, Charles) |
| April 3, 2009 | 63 | APPLICATION to Appear Pro Hac Vice by Attorney Shawn G Hansen for EMG Technology, LLC. (mll, ) |
| April 8, 2009 | 64 | Plaintiff's ANSWER to 49 Answer to Amended Complaint, Counterclaim of American Airlines by EMG Technology, LLC.(Ainsworth, Charles) |
| April 9, 2009 | 65 | NOTICE of Attorney Appearance by Steven S Boyd on behalf of Continental Airlines, Inc. (Boyd, Steven) |
| April 9, 2009 | 66 | NOTICE of Attorney Appearance by Robert James McAughan, Jr on behalf of Continental Airlines, Inc. (McAughan, Robert) |
| April 17, 2009 | 67 | Plaintiff EMG's ANSWER to 58 Answer to Amended Complaint, Counterclaim by Continental by EMG Technology, LLC.(Ainsworth, Charles) |
| April 17, 2009 | 68 | Plaintiff EMG's ANSWER to 56 Answer to Amended Complaint, Counterclaim by UPS by EMG Technology, LLC.(Ainsworth, Charles) |
| April 21, 2009 | 69 | ORDER setting Status Conference for 6/1/2009 01:30 PM before Judge Leonard Davis and Judge John Love. Signed by Judge Leonard Davis on 04/21/09. cc:attys 4-21-09(mll, ) |
| April 22, 2009 | 70 | Plaintiff EMG's ANSWER to 59 Answer to Amended Complaint,, Counterclaim, of Apple, Inc. by EMG Technology, LLC.(Ainsworth, Charles) |
| June 1, 2009 | 71 | Minute Entry -- 6.1.2009 Status Conference for proceedings held before Judge Leonard Davis and Judge John Love: Status Conference held on 6/1/2009. (Court Reporter Shea Sloan.) (Attachments: # 1 -- Attorney Sign-In Sheet) (rlf, ) |
| June 2, 2009 | 72 | ORDER that parties submit agreed Docket Control and Discovery Orders to the Court by 6-15-09. The Court deems 6-15-09 as the effective Rule 16 Initial Case Management Conference date, and thus pltf's PR 3-1 and 3-2 disclosures will be due 6-05-09. Signed by Judge Leonard Davis on 06/02/09. cc:attys 6-02-09(mll, ) |
| June 5, 2009 | 73 | AMENDED COMPLAINT Third Amended Complaint for Patent Infringement against Apple, Inc., American Airlines, Inc., Bloomberg, L.P., Continental Airlines, Inc., United Parcel Service, Inc., filed by EMG Technology, LLC. (Attachments: # 1 Exhibit A - '196 Patent, # 2 Exhibit B - '845 Patent)(Ainsworth, Charles) |
| June 5, 2009 | 74 | NOTICE of Disclosure by EMG Technology, LLC OF SERVICE OF P.R. 3-1 AND 3-2 DISCLOSURES (Ainsworth, Charles) |
| June 15, 2009 | 75 | Joint MOTION for Extension of Time to File PROPOSED DOCKET CONTROL AND DISCOVERY ORDER ON BEHALF OF ALL PARTIES by EMG Technology, LLC. (Attachments: # 1 Text of Proposed Order)(Ainsworth, Charles) |
| June 16, 2009 | 76 | ORDER granting 75 Motion for Extension of Time. The deadline for parties to file proposed docket control and discovery orders is extended to 6-22-09. Signed by Judge Leonard Davis on 06/16/09. cc:attys 6-16-09 (mll, ) |
| June 18, 2009 | 77 | Unopposed MOTION for Leave to File Third Party Complaint by EMG Technology, LLC. (Attachments: # 1 Exhibit A - Third Party Complaint, # 2 Text of Proposed Order)(Ainsworth, Charles) |
| June 18, 2009 | 78 | AMENDED COMPLAINT Third Amended Complaint for Patent Infringement against Apple, Inc., American Airlines, Inc., Bloomberg, L.P., Continental Airlines, Inc., United Parcel Service, Inc., filed by EMG Technology, LLC.(Ainsworth, Charles) |
| June 19, 2009 | 79 | Additional Attachments to Main Document: 78 Amended Complaint.. (Attachments: # 1 Exhibit A - Patent No. 7,441,196, # 2 Exhibit B - Patent No. 7,020,845)(Ainsworth, Charles) |
| June 22, 2009 | 80 | ORDER granting 77 Motion for Leave to File Third Amended Complaint. Signed by Judge Leonard Davis on 6/22/09. (mjc, ) |
| June 22, 2009 | 81 | Joint MOTION for Extension of Time to File PROPOSED DOCKET CONTROL AND DISCOVERY ORDER ON BEHALF OF ALL PARTIES by EMG Technology, LLC. (Attachments: # 1 Text of Proposed Order)(Ainsworth, Charles) |
| June 23, 2009 | 82 | ORDER granting 81 Motion for Extension of Time to File Proposed Docket Control and Discovery Orders. Deadline is extended to June 29, 2009. Signed by Judge Leonard Davis on 6/23/2009. (gsg) |
| June 24, 2009 | 83 | APPLICATION to Appear Pro Hac Vice by Attorney John M DiMatteo for Bloomberg, L.P. (kls, ) |
| June 24, 2009 | 84 | APPLICATION to Appear Pro Hac Vice by Attorney Kelsey I Nix for Bloomberg, L.P. (kls, ) |
| June 29, 2009 | 85 | Joint MOTION for Extension of Time to File PROPOSED DOCKET CONTROL AND DISCOVERY ORDER ON BEHALF OF ALL PARTIES by EMG Technology, LLC. (Attachments: # 1 Text of Proposed Order)(Ainsworth, Charles) |
| June 30, 2009 | 86 | ORDER granting 85 Motion for Extension of Time. The deadline for parties to file proposed docket control and discovery orders is extended to 7-06-09. Signed by Judge Leonard Davis on 06/30/09. cc:attys 6-30-09 (mll, ) |
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