Wi-LAN USA, Inc. et al v. Apple Inc. Featured Case Has Decisions

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Plaintiffs: Wi-LAN USA, Inc.  and Wi-LAN, INC. 
Defendant: Apple Inc. 
Counter_claimant: Apple Inc. 
Counter_defendants: Wi-LAN USA, Inc.  and Wi-LAN, INC. 
 
Case Number: 1:2012cv24318
Filed: December 6, 2012
 
Court: Florida Southern District Court
Office: Miami Office
County: Miami-Dade
Presiding Judge: K. Michael Moore
 
Nature of Suit: Intellectual Property - Patent
Cause: 15:1126 Patent Infringement
Jurisdiction: Federal Question        
Jury Demanded By: Defendant
 

Docket Report

We have record of the following docket entries for this case.
Date Filed#Document Text
April 4, 201355ACKNOWLEDGMENT OF RECEIPT. Case transferred from Florida Southern has been opened in Southern District of California as case 3:13-cv-00798, filed 04/03/2013. (bb)
April 3, 2013 SYSTEM ENTRY - Case 1:12-cv-24318 electronically transferred out to California Southern. (wc)
April 2, 201354Court Opinion or Order ORDER GRANTING 39 Defendant's Motion to Transfer Venue. Signed by Judge K. Michael Moore on 4/2/2013. (rg1)
March 21, 201353REPLY to Response to Motion re 39 Renewed MOTION to Change Venue filed by Apple Inc.. (Fernandez, Lazaro)
March 21, 201352NOTICE Of Filing Supplement Declaration Of Lazaro Fernandez Jr. by Apple Inc. re 40 Notice (Other), 43 Renewed MOTION to Stay re 39 Renewed MOTION to Change Venue , 39 Renewed MOTION to Change Venue (Attachments: # 1 Affidavit Supplemental Declaration, # 2 Exhibit Exhibit A, # 3 Exhibit Exhibit B, # 4 Exhibit Exhibit C, # 5 Exhibit Exhibit D, # 6 Exhibit Exhibit E, # 7 Exhibit Exhibit F, # 8 Exhibit Exhibiit G)(Fernandez, Lazaro) Text Modified on 3/22/2013 (cqs).
March 21, 201351REPLY to Response to Motion re 43 Renewed MOTION to Stay re 39 Renewed MOTION to Change Venue filed by Apple Inc.. (Fernandez, Lazaro)
March 11, 201350RESPONSE in Opposition re 43 Renewed MOTION to Stay re 39 Renewed MOTION to Change Venue filed by Wi-LAN USA, Inc., Wi-LAN, INC.. (Attachments: # 1 Exhibit A, # 2 Exhibit 1 to Patmore Decl., # 3 Exhibit 2 to Patmore Decl., # 4 Exhibit 3 to Patmore Decl.)(Patmore, Samuel)
March 11, 201349RESPONSE in Opposition re 39 Renewed MOTION to Change Venue filed by Wi-LAN USA, Inc., Wi-LAN, INC.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit 1 to Patmore Decl., # 6 Exhibit 2 to Patmore Decl., # 7 Exhibit 3 to Patmore Decl., # 8 Exhibit E, # 9 Exhibit F, # 10 Exhibit G)(Patmore, Samuel)
March 6, 201348Plaintiffs' Reply and ANSWER to Counterclaim by Wi-LAN USA, Inc., Wi-LAN, INC..(Patmore, Samuel)
February 28, 201347Court Opinion or Order PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiffs' Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filings 46 . UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is ORDERED AND ADJUDGED that the Motion 46 is GRANTED. Andrea M. Houston, Esq. may appear Pro Hac Vice in this matter. The Clerk of the Court shall provide electronic notification of all electronic filings to ahouston@velaw.com. Signed by Judge K. Michael Moore on 2/28/2013. (bce)
February 27, 201346MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Andrea M. Houston. Filing Fee $ 75.00. Receipt # 54448. (ksa)
February 25, 201345Court Opinion or Order PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiffs' Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filings 44 . UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is ORDERED AND ADJUDGED that the Motion 44 is GRANTED. Seth Lindner, Esq. may appear Pro Hac Vice in this matter. The Clerk of the Court shall provide electronic notification of all electronic filings to slindner@velaw.com. Signed by Judge K. Michael Moore on 2/25/2013. (bce)
February 22, 201344MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Seth Lindner. Filing Fee $ 75.00. Receipt # 54136. (ksa)
February 20, 201343Renewed MOTION to Stay re 39 Renewed MOTION to Change Venue by Apple Inc.. Responses due by 3/11/2013 (Fernandez, Lazaro)
February 20, 201342NOTICE by Apple Inc. re 39 Renewed MOTION to Change Venue Declaration of Sebeni in Support (Fernandez, Lazaro)
February 20, 201341NOTICE by Apple Inc. re 39 Renewed MOTION to Change Venue Declaration of Balasubramanian In Support (Fernandez, Lazaro)
February 20, 201340NOTICE by Apple Inc. re 39 Renewed MOTION to Change Venue Filing Declaration of Lazaro Fernandez (Attachments: # 1 Affidavit Declaration of Lazaro Fernandez)(Fernandez, Lazaro)
February 20, 201339Renewed MOTION to Change Venue by Apple Inc.. Responses due by 3/11/2013 (Fernandez, Lazaro)
February 20, 201338Apple's ANSWER and Affirmative Defenses to Amended Complaint with Jury Demand , COUNTERCLAIM against Wi-LAN USA, Inc., Wi-LAN, INC. by Apple Inc..(Fernandez, Lazaro)
February 19, 201337JOINT SCHEDULING REPORT - Rule 26(f)and Discovery Report by Wi-LAN USA, Inc., Wi-LAN, INC. (Attachments: # 1 Text of Proposed Order)(Patmore, Samuel) Text Modified on 2/19/2013 (cqs).
February 12, 201336Court Opinion or Order PAPERLESS ORDER. THIS CAUSE came before the Court upon a sua sponte review of the record. On January 16, 2013, Defendant filed a Motion to Change Venue 10 and Motion to Stay 13 based upon Plaintiffs' Complaint 1 . On February 6, 2013, Plaintiffs filed a First Amended Complaint 34 , which is the operative pleading in this matter. Accordingly, the Motion to Change Venue 10 and Motion to Stay 13 are mooted by the First Amended Complaint 34 . UPON CONSIDERATION of the Motions, the First Amended Complaint, and the pertinent portions of the record, it is hereby ORDERED AND ADJUDGED that the Motion to Change Venue 10 and Motion to Stay 13 are DENIED AS MOOT. Defendant has leave to renew its motions. Signed by Judge K. Michael Moore on 2/12/2013. (bce)
February 11, 201335RESPONSE/REPLY to 9 Answer to Complaint, Counterclaim by Wi-LAN USA, Inc., Wi-LAN, INC.. (Patmore, Samuel)
February 6, 201334First AMENDED COMPLAINT against Apple Inc., filed by Wi-LAN USA, Inc., Wi-LAN, INC.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Patmore, Samuel)
February 4, 201333RESPONSE in Opposition re 13 Defendant's MOTION to Stay filed by Wi-LAN USA, Inc., Wi-LAN, INC.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Patmore, Samuel)
February 4, 201332RESPONSE in Opposition re 10 Defendant's MOTION to Change Venue to US District for the Southern District of California filed by Wi-LAN USA, Inc., Wi-LAN, INC.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Patmore, Samuel)
January 30, 201331Court Opinion or Order PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiffs' Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filings 29 . UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is ORDERED AND ADJUDGED that the Motion 29 is GRANTED. Efren Garcia may appear Pro Hac Vice in this matter. The Clerk of the Court shall provide electronic notification of all electronic filings to egarcia@velaw.com. Signed by Judge K. Michael Moore on 1/30/2013. (bce)
January 30, 201330Court Opinion or Order PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiffs' Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filings 28 . UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is ORDERED AND ADJUDGED that the Motion 28 is GRANTED. David B. Weaver may appear Pro Hac Vice in this matter. The Clerk of the Court shall provide electronic notification of all electronic filings to dweaver@velaw.com. Signed by Judge K. Michael Moore on 1/30/2013. (bce)
January 28, 201329MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Efren Garcia. Filing Fee $ 75.00. Receipt # 52518. (ksa)
January 28, 201328MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for David B. Weaver. Filing Fee $ 75.00. Receipt # 52517. (ksa)
January 24, 201327Notice of Pendency of Other Action by Wi-LAN USA, Inc., Wi-LAN, INC. (Patmore, Samuel)
January 24, 201326Court Opinion or Order PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendant Apple, Inc.'s Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filings 25 . UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is ORDERED AND ADJUDGED that the Motion 25 is GRANTED. Miguel Ruiz may appear Pro Hac Vice in this matter. The Clerk of the Court shall provide electronic notification of all electronic filings to mruiz@milbank.com. Signed by Judge K. Michael Moore on 1/24/2013. (bce)
January 23, 201324Court Opinion or Order PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendant Apple, Inc.'s Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filings 21 . UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is ORDERED AND ADJUDGED that the Motion 21 is GRANTED. Jennifer Miremadi may appear Pro Hac Vice in this matter. The Clerk of the Court shall provide electronic notification of all electronic filings to jmiremadi@milbank.com. Signed by Judge K. Michael Moore on 1/23/2013. (bce)
January 23, 201323Court Opinion or Order PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendant Apple, Inc.'s Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filings 20 . UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is ORDERED AND ADJUDGED that the Motion 20 is GRANTED. Mark Scarsi may appear Pro Hac Vice in this matter. The Clerk of the Court shall provide electronic notification of all electronic filings to mscarsi@milbank.com. Signed by Judge K. Michael Moore on 1/23/2013. (bce)
January 23, 201322Court Opinion or Order PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendant Apple, Inc.'s Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filings 19 . UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is ORDERED AND ADJUDGED that the Motion 19 is GRANTED. Ashlee Lin may appear Pro Hac Vice in this matter. The Clerk of the Court shall provide electronic notification of all electronic filings to ashlee.lin@milbank.com. Signed by Judge K. Michael Moore on 1/23/2013. (bce)
January 18, 201325MOTION of Miguel Ruiz to Appear Pro Hac Vice, Consent to Designation and Request to Electronically Receive Notices of Electronic Filing. Filing Fee $ 75.00. Receipt # 52222. (ksa)
January 18, 201321MOTION of Jennifer Miremadi to Appear Pro Hac Vice, Consent to Designation and Request to Electronically Receive Notices of Electronic Filing. Filing Fee $ 75.00. Receipt # 52222. (ksa)
January 18, 201320MOTION of Mark Scarsi to Appear Pro Hac Vice, Consent to Designation and Request to Electronically Receive Notices of Electronic Filing. Filing Fee $ 75.00. Receipt # 52222. (ksa)
January 18, 201319MOTION of Ashlee Lin to Appear Pro Hac Vice, Consent to Designation and Request to Electronically Receive Notices of Electronic Filing. Filing Fee $ 75.00. Receipt # 52222. (ksa)
January 18, 201318Corporate Disclosure Statement by Wi-LAN USA, Inc., Wi-LAN, INC. identifying Corporate Parent Wi-Lan Technologies Inc. for Wi-LAN USA, Inc. (Patmore, Samuel)
January 18, 201317Court Opinion or Order PAPERLESS ORDER REFERRING PRETRIAL DISCOVERY MATTERS TO MAGISTRATE JUDGE EDWIN G. TORRES. PURSUANT to 28 U.S.C. § 636 and the Magistrate Rules of the Local Rules of the Southern District of Florida, the above captioned Cause is referred to United States Magistrate Judge Edwin G. Torres to take all necessary and proper action as required by law with respect to any and all pretrial discovery matters. Any motion affecting deadlines set by the Court's Scheduling Order is excluded from this referral, unless specifically referred by separate Order. Signed by Judge K. Michael Moore on 1/18/2013. (rg1)
January 18, 201316Court Opinion or Order PAPERLESS PRETRIAL ORDER. THIS ORDER has been entered upon the filing of the complaint. Plaintiffs' counsel is hereby ORDERED to forward to all defendants, upon receipt of a responsive pleading, a copy of this order. It is further ORDERED that S.D. Fla. L.R. 16.1 shall apply to this case and the parties shall hold a scheduling conference no later than twenty (20) days from the date of this Order. Within ten (10) days of the scheduling conference, counsel shall file a joint scheduling report. Failure of counsel to file a joint scheduling report within the deadlines set forth above may result in dismissal, default, and the imposition of other sanctions including attorney's fees and costs. The parties should note that the time period for filing a joint scheduling report is not tolled by the filing of any other pleading, such as an amended complaint or Rule 12 motion. The scheduling conference may be held via telephone. At the conference, the parties shall comply with the following agenda that the Court adopts from S.D. Fla. L.R. 16.1: (1) Documents (S.D. Fla. L.R. 16.1.B.1 and 2) - The parties shall determine the procedure for exchanging a copy of or a description by category and location of all documents and other evidence that is reasonably available and that a party expects to offer or may offer if the need arises. Fed. R. Civ. P. 26(a)(1)(B). (a) Documents include computations of the nature and extent of any category of damages claimed by the disclosing party unless the computations are privileged or otherwise protected from disclosure. Fed. R. Civ. P. 26(a)(1)(C). (b) Documents include insurance agreements which may be at issue with the satisfaction of the judgment. Fed. R. Civ. P. 26(a)(1)(D). (2) List of Witnesses - The parties shall exchange the name, address and telephone number of each individual known to have knowledge of the facts supporting the material allegations of the pleading filed by the party. Fed. R. Civ. P. 26(a)(1)(A). The parties have a continuing obligation to disclose this information. (3) Discussions and Deadlines (S.D. Fla. L.R. 16.1.B.2) - The parties shall discuss the nature and basis of their claims and defenses and the possibilities for a prompt settlement or resolution of the case. Failure to comply with this Order or to exchange the information listed above may result in sanctions and / or the exclusion of documents or witnesses at the time of trial. S.D. Fla. L.R. 16.1.M. Telephonic appearances are not permitted for any purpose. Upon reaching a settlement in this matter the parties are instructed to notify the Court by telephone and to file a Notice of Settlement within twenty-four (24) hours. Signed by Judge K. Michael Moore on 1/18/2013. (rg1)
January 17, 201315Court Opinion or Order PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendant's Unopposed Motion for Extension of Time 7 . Defendant's Motion 7 seeks an extension of time to file a response to Plaintiffs' Complaint 1 . Defendant's Motion 7 is mooted by Defendant's Answer 9 . UPON CONSIDERATION of the Motion 7 , the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that Defendant's Motion 7 is DENIED AS MOOT. Signed by Judge K. Michael Moore on 1/17/2013. (bce)
January 16, 201314Corporate Disclosure Statement by Apple Inc. (Fernandez, Lazaro)
January 16, 201313Defendant's MOTION to Stay by Apple Inc.. Responses due by 2/4/2013 (Fernandez, Lazaro)
January 16, 201312NOTICE Of filing Declaration Of Lazaro Fernandez Jr. in Support of by Apple Inc. re 10 Defendant's MOTION to Change Venue to US District for the Southern District of California (Attachments: # 1 Affidavit Declaration of Fernandez)(Fernandez, Lazaro)Text Modified on 1/17/2013 (cqs).
January 16, 201311NOTICE of Filing Declaration Of Mark Buckley In Support of by Apple Inc. re 10 Defendant's MOTION to Change Venue to US District for the Southern District of California (Attachments: # 1 Affidavit Declaration of Buckley)(Fernandez, Lazaro)Text Modified on 1/17/2013 (cqs).
January 16, 201310Defendant's MOTION to Change Venue to US District for the Southern District of California by Apple Inc.. Responses due by 2/4/2013 (Fernandez, Lazaro)
January 16, 20139Defendant, Apple Inc.'s ANSWER and Affirmative Defenses to Complaint with Jury Demand , COUNTERCLAIM against All Plaintiffs by Apple Inc..(Fernandez, Lazaro)
January 11, 20138Court Opinion or Order ORDER OF RECUSAL. Judge Donald M. Middlebrooks recused. Case reassigned to Judge K. Michael Moore for all further proceedings in the court-designated pool for patent cases. Signed by Judge Donald M. Middlebrooks on 1/11/2013. (jmd)
January 3, 20137Agreed MOTION for Extension of Time to File Response/Reply as to 1 Complaint by Wi-LAN USA, Inc., Wi-LAN, INC.. (Attachments: # 1 Text of Proposed Order Proposed Order)(Patmore, Samuel)
December 18, 20126Order Transferring Case Pursuant to Administrative Order 2011-53. This matter is hereby reassigned to the calendar of United States District Judge Donald M. Middlebrooks for all further proceedings, Judge Marcia G. Cooke no longer assigned to case. Signed by Judge Marcia G. Cooke on 12/18/2012. (tpe)
December 6, 20125AMENDED Summons Issued as to Apple Inc.. (cqs)
December 6, 20124NOTICE of Filing Proposed Summons(es) by Wi-LAN USA, Inc., Wi-LAN, INC. re 1 Complaint filed by Wi-LAN USA, Inc., Wi-LAN, INC. (Patmore, Samuel)
December 6, 20123FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK (tpl) (Main Document 3 replaced on 12/6/2012) (tpl).
December 6, 20122Judge Assignment to Judge Marcia G. Cooke (tpl)
December 6, 20121COMPLAINT against Apple Inc.. Filing fee $ 350.00 receipt number 113C-5288551, filed by Wi-LAN USA, Inc., Wi-LAN, INC.. (Attachments: # 1 Civil Cover Sheet, # 2 Summon(s), # 3 Exhibit, # 4 Exhibit)(Patmore, Samuel)
Docket Report Last Updated: May 22, 2013 06:50:40 PDT

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Plaintiff: Wi-LAN USA, Inc. 
Represented By: Samuel Olds Patmore and Jay Brian Shapiro
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Plaintiff: Wi-LAN, INC. 
Represented By: Samuel Olds Patmore and Jay Brian Shapiro
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Defendant: Apple Inc. 
Represented By: Lazaro Fernandez, Jr.
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Counter_claimant: Apple Inc. 
Represented By: Lazaro Fernandez, Jr.
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Counter_defendant: Wi-LAN USA, Inc. 
Represented By: Samuel Olds Patmore and Jay Brian Shapiro
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