Prism Technologies v. Adobe Systems Incorporated et al

Defendant: Adobe Systems Incorporated, Autodesk, Inc., McAfee, Inc., National Instruments Corporation, Nuance Communications, Inc., Quark, Inc., Sage Software, Inc., Symantec Corporation, The Mathworks, Inc., The Sage Group plc and Trend Micro Incorporated
Plaintiff: Prism Technologies
 
Case Number: 8:2010cv00220
Filed: June 8, 2010
 
Court: Nebraska District Court
Office: 8 Omaha Office
Presiding Judge: Laurie Smith Camp
 
Nature of Suit: Patent
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 10, 2012 1004 Opinion or Order of the Court ORDER - The motions for leave to filedocuments as restricted access 976 , 984 and 1000 are granted as set forth in the respective motions. The documents shall remain as restricted access pending further order of the Court. Ordered by Senior Judge Lyle E. Strom. (AOA)
October 10, 2012 1005 Opinion or Order of the Court ORDER - Defendant Symantec Corporation's motion for leave to file documents as restricted access 981 is granted. Its brief in support of its Daubert motion and Exhibits 1-7 and 9-11 to the index of evidence in support of its brief shall remain as restricted access pending further order of the Court. Ordered by Senior Judge Lyle E. Strom. (AOA)
October 10, 2012 1006 Opinion or Order of the Court ORDER - Defendant McAfee, Inc.'s motion for leave to file documents as restricted access 985 is granted. Its brief in support of its Daubert motion and Exhibits 1-4 to the index of evidence in support of its brief shall remain as restricted access pending further order of the Court. Ordered by Senior Judge Lyle E. Strom. (AOA)
October 10, 2012 1007 Opinion or Order of the Court ORDER - The motion for leave to file documents as restricted access 992 is granted. The brief in support of defendants' opposition to Prism's Omnibus motions in limine and Exhibits 2-12 to the index of evidence in support of the brief shall remain as restricted access pending further order of the Court. Ordered by Senior Judge Lyle E. Strom. (AOA)
October 10, 2012 1008 Opinion or Order of the Court ORDER - Defendant Trend Micro Incorporated's motion for leave to file documents under seal 996 is granted. Trend Micro Incorporated's brief in support of its Daubert motion to strike and Exhibits 2, 3, 5 and 7-9 in support thereof shall remain sealed pending further order of the Court. Ordered by Senior Judge Lyle E. Strom. (AOA)
October 16, 2012 1013 Opinion or Order of the Court ORDER - The motion for leave to file documents as restricted access 1011 is granted. Exhibits 1-6 in support of their opposition to Prisms motion for leave to file second amended complaint shall remain as restricted access pending further order of the Court. Ordered by Senior Judge Lyle E. Strom. (AOA)
October 17, 2012 1028 Opinion or Order of the Court ORDER - The motion for leave to filedocuments as restricted access 1014 is granted. Defendants' reply brief in support of their omnibus motions in limine and Exhibits 1-3, 8, and 11-16 to the index of evidence in support of their brief shall remain as restricted access pending further order of the Court. Ordered by Senior Judge Lyle E. Strom. (AOA)
October 17, 2012 1029 Opinion or Order of the Court ORDER - Defendant McAfee, Inc.'s motion forleave to file documents under seal 1020 is granted. Defendants' reply brief in support of their Daubert motion to strike the expert reports of Prisms technical expert, David Klausner, and Exhibits A and B to the index of evidence in support of its brief shall remain as restricted access pending further order of the Court. Ordered by Senior Judge Lyle E. Strom. (AOA)
October 17, 2012 1030 Opinion or Order of the Court ORDER - The motion for leave to file documents as restricted access 1026 is granted. Exhibits 3-9 and 12 to the index of evidence in support of plaintiff Prism Technologies reply brief in support of its omnibus motions in limine shall remain as restricted access pending further order of the Court. Ordered by Senior Judge Lyle E. Strom. (AOA)
October 22, 2012 1043 Opinion or Order of the Court ORDER - The motions for leave to file documents under seal 1031 , 1035 and 1039 , are granted. The briefs and exhibits as identified in the respective motions shall remain as restricted access pending further order of the Court. Ordered by Senior Judge Lyle E. Strom. (AOA)
October 29, 2012 1058 Opinion or Order of the Court ORDER - Defendant McAfee, Inc.'s motion for leave to file documents under seal is granted. Defendants' reply brief and Exhibits 5-6 and 8 in support of its Daubert motion to strike the expert reports of Prism's damages expert, Wayne Hoeberlein and Exhibits 5-6 and 8 to the index of evidence in support of its motion shall remain as restricted access pending further order of the Court. Ordered by Senior Judge Lyle E. Strom. (AOA)
October 29, 2012 1059 Opinion or Order of the Court ORDER - Defendant Trend Micro Incorporated's motion for leave to file document under seal is granted. Trend Micro Incorporated's reply brief in support of its Daubert motion to strike the report of plaintiff's damages expert Mr. Hoeberlein shall remain sealed pending further order of the Court. Ordered by Senior Judge Lyle E. Strom. (AOA)
October 29, 2012 1060 Opinion or Order of the Court ORDER - the motion for leave to file documents as restricted access 1054 is granted. Its reply brief in support of its Daubert motion to strike the report and testimony of Prisms damages expert, Wayne Hoeberlein, and Exhibits B and 12-16 to the index of evidence in support of its brief shall remain as restricted access pending further order of the Court. Ordered by Senior Judge Lyle E. Strom. (AOA)
November 1, 2012 1061 Opinion or Order of the Court MEMORANDUM AND ORDER - Prism's motion for leave to file a second amended complaint (Filing No. 960 ) is granted. Prism shall file its amended complaint by November 7, 2012. Should they elect to do so, defendants may each file an additional mo tion for summary judgment as to Prism's induced infringement allegations only. The motions shall be filed on or before December 3, 2012. Prisms responsive briefs and defendants' reply briefs shall be filed following the usual timetable provided by rule. Ordered by Senior Judge Lyle E. Strom. (AOA)
November 9, 2012 1064 Opinion or Order of the Court MEMORANDUM AND ORDER - Prism's motion to compel Symantec to produce documents, as well as for an order permitting Prism to take third-party discovery (Filing No. 968 ), is denied. Ordered by Senior Judge Lyle E. Strom. (AOA)
November 19, 2012 1090 Opinion or Order of the Court ORDER - Defendant Trend Micro Incorporated's motion for leave to file document under seal 1065 is granted. Trend Micro Incorporated's reply brief and Exhibit 21 shall remain sealed pending further order of the Court. Ordered by Senior Judge Lyle E. Strom. (AOA)
November 19, 2012 1091 Opinion or Order of the Court ORDER - The motion for leave to file documents as restricted access 1069 is granted. Defendants' reply brief in support of their motion for summary judgment (invalidity) and Exhibits N and O shall remain as restricted access pending further order of the Court. Ordered by Senior Judge Lyle E. Strom. (AOA)
November 19, 2012 1092 Opinion or Order of the Court ORDER - The motions for leave to file documents as restricted access 1073 and 1081 are granted. The documents as set forth in the individual motions shall remain as restricted access pending further order of the Court. Ordered by Senior Judge Lyle E. Strom. (AOA)
November 19, 2012 1093 Opinion or Order of the Court ORDER - Defendant McAfee, Inc.'s motion for leave to file documents under seal 1077 is granted. Defendant's reply brief in support of its motion for summary judgment and Exhibits N-P, T-U and Y-AA to the index of evidence shall remain as restricted access pending further order of the Court. Ordered by Senior Judge Lyle E. Strom. (AOA)
November 19, 2012 1094 Opinion or Order of the Court ORDER - The motions for leave to file documents under seal 1087 are granted. Exhibits V and W shall remain as restricted access pending further order of the Court. Ordered by Senior Judge Lyle E. Strom. (AOA)
November 19, 2012 1095 Opinion or Order of the Court ORDER - The motion is granted 1089 ; Carman M. Aviles is deemed withdrawn as counsel for Prism Technologies, LLC. Ordered by Senior Judge Lyle E. Strom. (AOA)
November 27, 2012 1118 Opinion or Order of the Court ORDER - The motion for leave to file documents as restricted access 1102 is granted. Defendants' supplemental brief in opposition to Prism's motion for summary judgment shall remain as restricted access pending further order of the Court. Ordered by Senior Judge Lyle E. Strom. (AOA)
November 27, 2012 1119 Opinion or Order of the Court ORDER - The motions for leave to file documents under seal 1105 , 1109 and 1113 are granted. The plaintiff's supplemental reply brief and Exhibit 35, Exhibit 36 and Exhibits 26-28 shall remain as restricted access pending further order of the Court. Ordered by Senior Judge Lyle E. Strom. (AOA)
September 1, 2010 111 Opinion or Order of the Court ORDER approving and adopting 110 Stipulation for Dismissal ; The Sage Group is dismissed without prejudice, each party to bear its own costs and attorney fees. Ordered by Senior Judge Lyle E. Strom. (ADB, )
December 5, 2012 1132 Opinion or Order of the Court ORDER - Defendant McAfee, Inc.'s motion for leave to file document under seal 1124 is granted. Defendant's brief in support of its motion for summary judgment of no induced infringement shall remain as restricted access pending further. Ordered by Senior Judge Lyle E. Strom. (AOA)
December 5, 2012 1133 Opinion or Order of the Court ORDER - Defendant Trend Micro Incorporated's motion for leave to file documents under seal 1128 is granted. Trend Micro Incorporateds brief in support of its motion for summary judgment of no induced infringement and Exhibits 2 and 3 shall remain sealed pending further order of the Court. Ordered by Senior Judge Lyle E. Strom. (AOA)
December 10, 2012 1134 Opinion or Order of the Court MEMORANDUM OPINION regarding pending motions. Court finds defendants' products do not infringe the '288 patent directly, jointly, or indirectly. For this reason, the Court will grant defendants' motions for summary judgment as to no n-infringement. Because the Court finds that defendants do not infringe the '288 patent, the Court does not consider defendants' other issues as delineated in their motions. A separate order will be entered in accordance with this memorandum opinion. Ordered by Senior Judge Lyle E. Strom. (JAB)
December 10, 2012 1135 Opinion or Order of the Court ORDER AND JUDGMENT regarding Memorandum Opinion 1134 .(1) McAfee's motion for summary judgment (Filing No. 871 ) is granted as to noninfringement; in other respects it is denied as moot. (2) Symantec's motion for summary judgment (Fili ng No. 868 ) is granted as to noninfringement; in other respects it is denied as moot. (3) Trend Micro's motion for summary judgment (Filing No. 849 ) is granted as to noninfringement; in other respects it is denied as moot. (4) All other outs tanding motions before the Court are also denied as moot. (5) Prism's request for oral argument on the motions for summary judgment is denied. (6) Prism's second amended complaint for patent infringement (Filing No. 1063 ) is dismissed as to McAfee, Symantec, and Trend Micro. (7) The Court finds for McAfee for its first counterclaim for declaratory judgment of noninfringement of the '288 patent (Filing No. 1098 ). The Court dismisses McAfee's second counterclaim for declara tory judgment of invalidity of the '288 patent, because no "actual controversy" as to the '288 patent now exists between Prism and McAfee. See 28 U.S.C. § 2201. Without appropriate motion and briefing, the Court will not cons ider whether this is an exceptional case under 35 U.S.C. § 285 entitling McAfee to recover attorney fees. (8) The Court finds for Symantec for its first counterclaim for declaratory judgment of noninfringement of the '288 patent (Filing No . 1097 ). The Court dismisses Symantec's second counterclaim for declaratory judgment of invalidity of the '288 patent, because no "actual controversy" as to the '288 patent now exists between Prism and Symantec. See 28 U.S. C. § 2201. Without appropriate motion and briefing, the Court will not consider whether this is an exceptional case under 35 U.S.C. § 285 entitling Symantec to recover attorney fees. (9) The Court finds for Trend Micro for its first counter claim for declaratory judgment of noninfringement of the '288 patent (Filing No. 1117 ). The Court dismisses Trend Micro's second counterclaim for declaratory judgment of invalidity of the '288 patent, because no "actual controve rsy" as to the '288 patent now exists between Prism and Trend Micro. See 28 U.S.C. § 2201. Without appropriate motion and briefing, the Court will not consider whether this is an exceptional case under 35 U.S.C. § 285 entitling to recover attorney fees. (10) Taxable costs are assessed against the plaintiff, Prism Technologies, Inc. Ordered by Senior Judge Lyle E. Strom. (JAB)
December 27, 2012 1142 Opinion or Order of the Court ORDER granting 1139 Motion to Restrict pursuant to the E-Government Act. Filings 1140 and 1141 shall remain restricted access documents. Ordered by Senior Judge Lyle E. Strom. (JAB)
January 9, 2013 1152 Opinion or Order of the Court ORDER - The motion for leave to file documents under seal 1147 is granted. Plaintiff's brief and Exhibits 2, 3, 8, 9, 23, 25 and 27-35 shall remain as restricted access pending further order of the Court. Ordered by Senior Judge Lyle E. Strom. (AOA)
January 18, 2013 1163 Opinion or Order of the Court ORDER - The motion for leave to file documents as restricted access 1159 is granted. Defendants' reply brief in support of their motion for attorney fees and nontaxable expenses, Exhibits J, K, and L (and Exhibit 1 to Exhibit L) shall remain as restricted access pending further order of the Court. Ordered by Senior Judge Lyle E. Strom. (AOA)
February 13, 2013 1168 Opinion or Order of the Court MEMORANDUM OPINION - Because the Court finds that this is not an "exceptional case," the Court will not award defendants attorney fees under 35 U.S.C. § 285. A separate order will be entered in accordance with this memorandum opinion. Ordered by Senior Judge Lyle E. Strom. (AOA)
February 13, 2013 1169 Opinion or Order of the Court ORDER AND JUDGMENT - Pursuant to the memorandum opinion 1168 entered herein this date, the motions to stay of plaintiff Prism Technologies, LLC ("Prism") (Filing Nos. 1146 and 1158 ) are denied. On or before March 4, 2013, Prism may file a response to each defendant's bill of costs. On or before March 14, 2013, each defendant may file a reply to a response filed by Prism. Thereafter, the Clerk of Court will analyze each defendant's bill of costs and the parties' submissions and will tax costs as appropriate. Defendants' motion for attorney fees and nontaxable expenses (Filing No. 1137 ) is denied. Ordered by Senior Judge Lyle E. Strom. (AOA)
September 21, 2010 144 Opinion or Order of the Court ORDER granting 137 Motion to Dismiss Party Quark, Inc. The claims against Quark, Inc., are dismissed with prejudice. The counterclaims of Quark, Inc., against Prism are dismissed without prejudice, each party to bear its own costs and attorney fees. Ordered by Senior Judge Lyle E. Strom. (JSF)
October 25, 2010 154 Opinion or Order of the Court ORDER granting 153 Motion to Extend. The parties shall have until 10/28/2010 to submit their joint planning conference report. Ordered by Senior Judge Lyle E. Strom. (JSF)
October 29, 2010 156 Opinion or Order of the Court ORDER - Scheduling Conference set for 11/23/2010 08:15 AM in Chambers before Senior Judge Lyle E. Strom. Ordered by Senior Judge Lyle E. Strom. (TCL )
November 16, 2010 157 Opinion or Order of the Court ORDER that the planning conference is rescheduled for 11/30/2010 at 8:15 AM before Senior Judge Lyle E. Strom. Ordered by Senior Judge Lyle E. Strom. (JSF)
February 24, 2011 177 Opinion or Order of the Court ORDER granting 176 Motion to Withdraw as Attorney. Marc Belloli is deemed withdrawn as counsel for Trend Micro Incorporated. Ordered by Senior Judge Lyle E. Strom. (GJG)
April 6, 2011 184 Opinion or Order of the Court ORDER granting 182 Motion to Dismiss Party. The claims against Nuance Communications, Inc., are dismissed with prejudice. The counterclaims of Nuance Communications, Inc., against Prism are dismissed without prejudice, each party to bear its own costs and attorney fees. Ordered by Senior Judge Lyle E. Strom. (JSF)
May 9, 2011 187 Opinion or Order of the Court ORDER granting 186 Motion to Withdraw as Attorney. James D. Tario is deemed withdrawn as counsel for Prism Technologies, LLC. Ordered by Senior Judge Lyle E. Strom. (JAB)
June 1, 2011 188 Opinion or Order of the Court MEMORANDUM AND ORDER before the Court to construe two patent claim terms pursuant to Markman v. Westview Instruments, Inc., 517 U.S. 370 (1996). IT IS ORDERED that "hardware key" and "access key" are construed to mean "An external hardware device or object from which the predetermined digital identification can be read." Ordered by Senior Judge Lyle E. Strom. (MKR)
July 22, 2011 198 Opinion or Order of the Court ORDER - Defendants' Motion for Summary Judgment Hearing Schedule (Filing No. 189 ) is denied; A progression order setting forth the applicable deadlines will be entered; Plaintiff's Motion to Strike Reply Brief (Filing No. 192 ) is denied; and Defendants' reply brief has been filed and the Motion for Leave to File Reply (Filing No. 194 ) is denied as moot. Ordered by Senior Judge Lyle E. Strom. (TEL)
August 2, 2011 210 Opinion or Order of the Court ORDER - IT IS ORDERED that the stipulation 209 is approved and adopted; the parties shall have until July 13, 2012, to exchange non-expert witness lists. Ordered by Senior Judge Lyle E. Strom. (TEL)
August 12, 2011 223 Opinion or Order of the Court ORDER granting 211 Motion to Continue. Jury Trial set for 10/9/2012 at 09:00 AM in Courtroom 5, Federal Building, 111 South 18th Plaza, Omaha, NE before Senior Judge Lyle E. Strom. All other dates for the progression of the case remain in force and effect. Ordered by Senior Judge Lyle E. Strom. (TEL)
September 1, 2011 246 Opinion or Order of the Court ORDER granting 245 Motion to Strike Certificate 239 . Ordered by Senior Judge Lyle E. Strom. (TEL)
September 2, 2011 250 Opinion or Order of the Court ORDER - IT IS ORDERED that the stipulation is approved and adopted; the parties have until September 8, 2011, to exchange their proposed claim constructions setting forth claim terms for the '288 Patent for which they contend construction is necessary and their proposed construction of those terms. All other dates for the progression of the case remain in force and effect. Ordered by Senior Judge Lyle E. Strom. (TEL)
September 6, 2011 251 Opinion or Order of the Court ORDER NUNC PRO TUNC - IT IS ORDERED that plaintiff's motion 245 is granted; Dkt. 239 shall be stricken and removed from the docket. Ordered by Senior Judge Lyle E. Strom. (TEL)
November 7, 2011 356 Opinion or Order of the Court ORDER approving and adopting 347 Stipulation - Defendants shall have until November 14, 2011, to file and serve their reply to their motion for summary judgment. Plaintiff shall have until November 16, 2011, to serve its response brief to defendants' Rule 26(c) motion. Plaintiff shall have until December 2, 2011, to serve its reply in support of their initial claim construction brief. Ordered by Senior Judge Lyle E. Strom. (TEL)
November 7, 2011 357 Opinion or Order of the Court AMENDED ORDER regarding Order 356 approving and adopting 347 Stipulation - Defendants shall have until November 14, 2011, to file and serve their reply to their motion for summary judgment. Plaintiff shall have until November 16, 2011, to serve i ts response brief to defendan ts' Rule 26(c) motion. Plaintiff shall have until December 2, 2011, to serve its reply in support of their initial claim construction brief. Ordered by Senior Judge Lyle E. Strom. (Filed to correct filing date of Order 356 .) (TEL)
November 8, 2011 358 Opinion or Order of the Court ORDER granting 290 Motion to Restrict pursuant to the E-Government Act and granting 333 Motion to Seal. Ordered by Senior Judge Lyle E. Strom. (TEL)
November 14, 2011 366 Opinion or Order of the Court MEMORANDUM AND ORDER - The parties shall submit to the Court a Joint Motion for Entry of Stipulated Protective Order incorporating the decisions of this Court as delineated herein by November 21, 2011. (Case Management Deadline set for 11/21/2011) Ordered by Senior Judge Lyle E. Strom. (TEL)
November 16, 2011 373 Opinion or Order of the Court ORDER granting 364 Motion to Seal; granting 367 Motion for leave to file documents as restricted. Ordered by Senior Judge Lyle E. Strom. (TEL)
November 22, 2011 390 Opinion or Order of the Court PROTECTIVE ORDER - Certain information subject to discovery in this action may contain trade secrets or other confidential, proprietary and/or commercially-sensitive information. In the interest of protecting that information and permitting discovery to proceed without delay occasioned by disputes regarding such information, and good cause appearing, the Court enters this Protective Order pursuant to Federal Rule of Civil Procedure 2 6(c). Ordered by Senior Judge Lyle E. Strom. (TEL)
November 28, 2011 393 Opinion or Order of the Court MEMORANDUM AND ORDER - Defendants' motion for summary judgment (Filing No. 288 ) is denied, without prejudice, with leave to re-file following the issuance of the Court's memorandum and order as to claim construction, subsequent to the January 2012 hearing; and Prism's motion to strike or, in the alternative, to file surreply brief (Filing No. 376 ) is denied as moot. Ordered by Senior Judge Lyle E. Strom. (TEL)
December 14, 2011 410 Opinion or Order of the Court MEMORANDUM AND ORDER granting in part and denying in part 330 Motion for Protective Order - Defendants' motion for Rule 26(c) protective order (Filing No. 330 ) is granted as to the following discovery requests: a) Requests for Admiss ions 13-14; and b) Requests for Production 74-75. Defendants' motion for Rule 26(c) protective order (Filing No. 330 ) is denied as to the following discovery requests: a) Requests for Admissions 1-12; b) Requests for Production 71 -73; c) Interrogatories 2 and 9; and d) Rule 30(b)(6) Deposition Notice Topics 1 and 2. Prism's motion to compel discovery is granted as to those discovery requests listed in (2)(a)-(c) above. Defendants will have until January 6, 201 2, to comply with such discovery requests, to the extent that they have not already done so. Each defendant will file with the Court a certificate indicating such compliance by January 6, 2012. At future depositions, defendants will answer questions regarding Rule 30(b)(6) Deposition Notice Topics 1 and 2, as applicable. Ordered by Senior Judge Lyle E. Strom. (TEL)
December 16, 2011 411 Opinion or Order of the Court MEMORANDUM AND ORDER - Prism's motion to compel (Filing No. 359 ) is granted, as follows: Prism will have until January 6, 2012, to submit to each defendant a letter documenting the status of Requests for Production 5, 14, 17, 36, 41, and 44, addressing each request for production individually, with regard to that particular defendant. Prism will file with the Court a certificate indicating its compliance with this requirement by January 6, 2012. Prism will have until Janua ry 20, 2012, to meet and confer, in person or by telephone, with each defendant or defendants counsel to discuss the contents of the January 6, 2012 letter regarding Requests for Production 5, 14, 17, 36, 41, and 44 and to come to a mutual unders tanding as to what Prism is requesting of each defendant. Prism will file with the Court a certificate indicating its compliance with this requirement by January 20, 2012. Defendants will have until February 3, 2012, to comply with such re quests for production, to the extent that they have not already done so. Each defendant will file with the Court a certificate indicating such compliance by February 3, 2012. No attorney fees and costs are awarded. Ordered by Senior Judge Lyle E. Strom. (TEL)
December 16, 2011 412 Opinion or Order of the Court ORDER regarding MOTION for Attorney Fees Motion for Sanctions 348 filed by National Instruments Corporation. Prism will have until December 23, 2011, to file a surreply brief for the limited purpose of addressing the issue of attorney fees as discussed in National Instruments Exhibit 1, Filing No. 399 . Ordered by Senior Judge Lyle E. Strom. (TEL)
December 29, 2011 426 Opinion or Order of the Court MEMORANDUM AND ORDER - National Instruments motion for sanctions (Filing No. 348 ) is granted in part, as follows: 1) The Court awards National Instruments $1,108.17 in travel expenses; 2) The Court awards National Instruments $2,116.50 for attorney fees; and 3) Prism will pay the total amount of $3,224.67 to National Instruments by January 6, 2012. Ordered by Senior Judge Lyle E. Strom. (GJG)
January 4, 2012 428 Opinion or Order of the Court ORDER - The motion 427 is granted; plaintiff's claims against Mathworks are dismissed with prejudice. The counterclaims of Mathworks against Prism are dismissed with prejudice, each party to bear its own costs and attorney fees. Ordered by Senior Judge Lyle E. Strom. (AOA)
January 6, 2012 431 Opinion or Order of the Court ORDER adopting 429 Stipulation - The stipulation is approved and adopted. The close of discovery is extended to May 14, 2012, as to discovery requests served by plaintiff on defendants Autodesk, Inc., Adobe Systems Incorporated, McAfee, Inc., National Instruments Corporation, and Symantec Corporation. Autodesk, Inc., Adobe Systems Incorporated, McAfee, Inc., National Instruments Corporation, and Symantec Corporation shall have until January 20, 2012, to produce the discovery ordered by the Court in its memorandum and order dated December 14, 2011 (Filing No. 410 ). Ordered by Senior Judge Lyle E. Strom. (TEL)
January 11, 2012 435 Opinion or Order of the Court ORDER granting 434 Motion for Leave to file amended answer - Said defendant shall file its amended answer on or before January 17, 2012. Ordered by Senior Judge Lyle E. Strom. (TEL)
January 31, 2012 458 Opinion or Order of the Court ORDER approving and adopting 457 Stipulation - Defendant Sage shall have until February 17, 2012, to provide the discovery ordered by the Court on December 16, 2011. The close of discovery is extended to May 14, 2012, as to discovery requests served by Prism on Sage. Ordered by Senior Judge Lyle E. Strom. (TEL)
February 3, 2012 461 Opinion or Order of the Court ORDER - The stipulation 460 is approved and adopted; defendant National Instruments Corporation shall have until February 10, 2012, to provide the discovery ordered by the Court on December 16, 2011. Ordered by Senior Judge Lyle E. Strom. (TEL)
February 14, 2012 469 Opinion or Order of the Court MEMORANDUM AND ORDER as to United States Patent No. 7,290,288 - As jointly stipulated by the parties (Filing No. 440 ), the preambles of the asserted claims are limiting. As jointly stipulated by the parties, the following terms are construed as indicated... The Court construes the remaining disputed terms as follows... Ordered by Senior Judge Lyle E. Strom. (TEL)
February 21, 2012 477 Opinion or Order of the Court ORDER approving and adopting 470 Stipulation - The close of discovery is extended to March 9, 2012, as to discovery requests served by plaintiff on defendant Sage Software, Inc. Ordered by Senior Judge Lyle E. Strom. (TEL)
February 28, 2012 482 Opinion or Order of the Court AMENDED FINAL PROGRESSION ORDER granting 480 Motion to Extend. Final Pretrial Conference set for 9/14/2012 at 10:00 AM in Chambers before Magistrate Judge Thomas D. Thalken. Jury Trial set for 10/9/2012 at 09:00 AM in Courtroom 5, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Senior Judge Lyle E. Strom. Ordered by Senior Judge Lyle E. Strom. (TCL )
February 29, 2012 484 Opinion or Order of the Court ORDER granting 483 Motion to Dismiss Party Sage Software, Inc. Plaintiff's claims against Sage Software are dismissed with prejudice, each party to bear its own costs and attorney fees. Ordered by Senior Judge Lyle E. Strom. (GJG)
March 2, 2012 487 Opinion or Order of the Court ORDER granting 486 Motion to Dismiss Party. All claims and counterclaims brought in this action between Prism Technologies, LLC, and National Instruments Corporation are dismissed with prejudice, each party to bear its own costs and attorney fees. Ordered by Senior Judge Lyle E. Strom. (GJG)
March 26, 2012 537 Opinion or Order of the Court ORDER granting 527 Motion to Seal - Plaintiff's emergency motion, the brief in support of said motion, and the index of evidence containing Exhibits 1, 3, 4 and 7 shall remain sealing pending further order of the Court. Ordered by Senior Judge Lyle E. Strom. (TEL)
March 26, 2012 538 Opinion or Order of the Court ORDER - Adobe shall file a brief opposing Prism's motion 528 on or before April 9, 2012, and Prism shall file a reply brief on or before April 16, 2012. Ordered by Senior Judge Lyle E. Strom. (TEL)
March 26, 2012 539 Opinion or Order of the Court ORDER granting 532 Motion to Seal - Adobe's objection to expedited review of Prism's emergency motion and index shall remain as restricted access documents pending further order of the Court. Ordered by Senior Judge Lyle E. Strom. (TEL)
April 10, 2012 575 Opinion or Order of the Court ORDER granting 572 Motion to Restrict pursuant to the E-Government Act. Adobe's brief in opposition to Prism's emergency motion to preserve evidence and for sanctions and index with accompanying exhibits filed in support thereof shall remain as restricted access documents pending further order of the Court. Ordered by Senior Judge Lyle E. Strom. (TEL)
April 24, 2012 608 Opinion or Order of the Court ORDER granting 597 Motion to Seal - Plaintiff's reply and Exhibits 1-7 shall remain restricted access documents pending further order of the Court. Ordered by Senior Judge Lyle E. Strom. (TEL)
April 30, 2012 615 Opinion or Order of the Court MEMORANDUM AND ORDER - Prism's motion to preserve evidence and for sanctions (Filing No. 528 ) is granted, inasmuch as any existing handwritten notes regarding Adobe's source code will be preserved and produced, as described above. Prism's motion to preserve evidence and for sanctions (Filing No. 528 ) is denied in all other respects. Adobe's request for attorney fees contained in its brief is denied. Ordered by Senior Judge Lyle E. Strom. (TEL)
April 30, 2012 616 Opinion or Order of the Court ORDER granting 612 Motion to Restrict pursuant to the E-Government Act - Defendant Trend Micro Incorporated's brief in opposition to Prism's motion to compel shall remain as restricted access pending further order of the Court. Ordered by Senior Judge Lyle E. Strom. (TEL)
May 1, 2012 630 Opinion or Order of the Court ORDER granting 620 Motion for leave to file documents under seal and asrestricted access - Defendant McAfee, Inc.'s brief and Exhibits A, I, J, and K shall remain as restricted access pending further order of the Court. Ordered by Senior Judge Lyle E. Strom. (TEL)
May 8, 2012 665 Opinion or Order of the Court ORDER granting 655 Motion to Withdraw as Attorney. Erika Yawger is deemed withdrawn as counsel for Autodesk, Inc. Ordered by Senior Judge Lyle E. Strom. (TEL)
May 8, 2012 666 Opinion or Order of the Court ORDER granting 658 Motion for Leave to File Documents Under Seal - Plaintiff's brief in support of its motion for leave to file amended complaint and Exhibit 10 shall remain as restricted access pending further order of the Court. Ordered by Senior Judge Lyle E. Strom. (TEL)
May 10, 2012 674 Opinion or Order of the Court ORDER granting 671 Motion to Withdraw as Attorney. Yury Kapgan is deemed withdrawn as counsel for Symantec Corporation. Ordered by Senior Judge Lyle E. Strom. (TEL)
May 15, 2012 679 Opinion or Order of the Court MEMORANDUM AND ORDER - Prism's motion to compel (Filing No. 583 ) is granted, as follows: Trend Micro will have until May 22, 2012, to specifically designate the witnesses who will testify on its behalf as to topics 1(c)-(e), 2(c)-(e), and 3, and to set out the matters on which each person designated will testify. Prism and Trend Micro will have until May 31, 2012, to meet and confer, in person or by telephone, to identify the date and time of the Rule 30(b)(6) depositions. The Rule 30(b)(6) depositions will take place at the principal place of business of Trend Micro, in the state of California, on or before June 29, 2012. Ordered by Senior Judge Lyle E. Strom. (TEL)
May 23, 2012 696 Opinion or Order of the Court ORDER - The motion for leave to file documents as restricted access 690 is granted. Defendant Symantec's opposition brief and Exhibits 7 and 8 in support of its opposition brief shall remain as restricted access pending further order of the Court. Ordered by Senior Judge Lyle E. Strom. (AOA)
May 23, 2012 697 Opinion or Order of the Court ORDER - The stipulation 694 is approved and adopted. Paragraph 3A of the progression order is modified so that the deadline to exchange nonexpert witness lists is no later than five working days before the final pretrial conference which is scheduled for September 14, 2012. Ordered by Senior Judge Lyle E. Strom. (AOA)
June 5, 2012 720 Opinion or Order of the Court ORDER granting 710 Motion to Seal - Exhibits 8, 13, 30, 35 and 37 in support of plaintiff's third motion to compel defendant Trend Micro, Inc., shall remain as restricted access pending further order of the Court. Ordered by Senior Judge Lyle E. Strom. (TEL)
June 6, 2012 721 Opinion or Order of the Court ORDER granting 713 Motion to Seal - Defendant's reply brief and Exhibits Q, U and V shall remain as restricted access pending further order of the Court. Ordered by Senior Judge Lyle E. Strom. (TEL)
June 6, 2012 722 Opinion or Order of the Court ORDER granting 717 Motion to Seal - Exhibits 1 through 5 to plaintiff's brief in reply to defendant Symantec Corporation's opposition to Prism's motion for leave to file amended complaint shall remain as restricted access pending further order of the Court. Ordered by Senior Judge Lyle E. Strom. (TEL)
June 12, 2012 740 Opinion or Order of the Court ORDER - The motions for leave to file documents as restricted access 724 , 729 and 730 are granted. The documents as noted in the respective motions shall remain as restricted access pending further order of the Court. Ordered by Senior Judge Lyle E. Strom. (AOA)
June 26, 2012 756 Opinion or Order of the Court ORDER granting 748 Motion to Seal - Plaintiff's reply brief and Exhibits 48 through 50 to plaintiff's brief in support of its third motion to compel defendant Trend Micro Incorporated to respond to discovery shall remain as restricted access pending further order of the Court. Ordered by Senior Judge Lyle E. Strom. (TEL)
June 26, 2012 757 Opinion or Order of the Court ORDER granting 753 Motion to Seal - The opposition brief as noted in the motion shall remain as restricted access pending further order of the Court. Ordered by Senior Judge Lyle E. Strom. (TEL)
July 2, 2012 758 Opinion or Order of the Court ORDER regarding Protective Order 390 - The Protective Order shall be revised, or the designated information must be stricken from plaintiff's expert reports. Ordered by Senior Judge Lyle E. Strom. (TEL)
July 3, 2012 759 Opinion or Order of the Court MEMORANDUM AND ORDER - Prism's motion for leave to file amended complaint (Filing No. 656 ) is granted. Prism shall file its amended complaint by July 10, 2012. (Amended Complaint due by 7/10/2012.) Ordered by Senior Judge Lyle E. Strom. (TEL)
July 9, 2012 767 Opinion or Order of the Court ORDER - The motion for leave to filedocuments as restricted access 761 is granted. Exhibits 30 through 36 to plaintiff's index of evidence in support of its motion to amend protective order shall remain as restricted access pending further order of the Court. Ordered by Senior Judge Lyle E. Strom. (AOA)
July 9, 2012 768 Opinion or Order of the Court ORDER - The motion is granted. The following briefing schedule is adopted: Prism's motion and opening brief due July 6, 2012; Defendants' response brief(s) due July 13, 2012; Prism's reply brief due July 18, 2012. Ordered by Senior Judge Lyle E. Strom. (AOA)
July 10, 2012 782 Opinion or Order of the Court ORDER granting 771 Motion to Seal - McAfee's brief in support of its motion to strike Prism Technologies LLC's expert report on damages and Exhibit A to the index of evidence in support of its motion shall remain as restricted access pending further order of the Court. Ordered by Senior Judge Lyle E. Strom. (TEL)
July 10, 2012 783 Opinion or Order of the Court ORDER granting 776 Motion to Restrict pursuant to the E-Government Act - Symantec Corporation's moving brief and Exhibit B in support of its moving motion shall remain as restricted access pending further order of the Court. Ordered by Senior Judge Lyle E. Strom. (TEL)
July 11, 2012 792 Opinion or Order of the Court ORDER granting 786 Motion to Seal - Trend Micro Incorporated's moving brief and Exhibit B in support of its moving motion shall remain sealed pending further order of the Court. Ordered by Senior Judge Lyle E. Strom. (TEL)
July 16, 2012 811 Opinion or Order of the Court ORDER granting Joint Motion for Expedited Briefing Schedule 793 - The following briefing schedule is adopted: Prism's response brief is due July 13, 2012. Trend Micro's reply brief is due July 18, 2012. Ordered by Senior Judge Lyle E. Strom. (TEL)
July 16, 2012 812 Opinion or Order of the Court ORDER granting 797 Motion to Seal - Exhibits B-F and H shall remain sealed pending further order of the Court. Ordered by Senior Judge Lyle E. Strom. (TEL)
July 16, 2012 813 Opinion or Order of the Court ORDER granting 801 Motion to Seal - Exhibit A to the index of evidence in support of defendants' joint brief in opposition to Prism's motion to amend protective order shall remain as sealed pending further order of the Court. Ordered by Senior Judge Lyle E. Strom. (TEL)
July 16, 2012 814 Opinion or Order of the Court ORDER granting 805 Motion to Seal - Exhibit 11 to plaintiff's brief in opposition to Symantec Corporation's motion to strike expert report on damages shall remain as restricted access pending further order of the Court. Ordered by Senior Judge Lyle E. Strom. (TEL)
July 17, 2012 816 Opinion or Order of the Court MEMORANDUM AND ORDER - Prism's motion to compel (Filing No. 701 ) is granted. On or before July 31, 2012, McAfee will substantively respond to Prism's Fourth Set of Requests for Production (Requests 113-114) and Prism's Sixth Set of Interrogatories (Nos. 21-23). Ordered by Senior Judge Lyle E. Strom. (TEL)
July 17, 2012 817 Opinion or Order of the Court ORDER - Defendant Adobe Systems Incorporated's motion for leave to file a substitute index of evidence and Exhibits 1 and C-F in opposition to plaintiff's motion to amend protective order 815 is granted. Unless explicitly noted herein, nothing in this order affects Exhibits A, B, G, H, or Exhibit 2 previously filed in support of the brief in opposition. Ordered by Senior Judge Lyle E. Strom. (TEL)
July 17, 2012 818 Opinion or Order of the Court MEMORANDUM AND ORDER - Prism's motion to compel (Filing No. 704 ) is granted. On or before July 31, 2012, Symantec will substantively respond to Prism's Fourth Set of Requests for Production (Requests 112-113) and Prism's Sixth Set of Interrogatories (Nos. 22-24). Ordered by Senior Judge Lyle E. Strom. (TEL)
July 19, 2012 827 Opinion or Order of the Court ORDER granting 819 Motion to Restrict - The reply brief, as well as Exhibit D, shall remain as restricted access pending further order of the Court. Ordered by Senior Judge Lyle E. Strom. (TEL)
July 19, 2012 828 Opinion or Order of the Court ORDER granting 825 Motion to Seal - Exhibit 2 to plaintiff's brief in support of its motion to amend protective order shall remain as restricted access pending further order of the Court. Ordered by Senior Judge Lyle E. Strom. (TEL)
July 26, 2012 829 Opinion or Order of the Court MEMORANDUM AND ORDER - Prism's motion to amend protective order (Filing No. 762 ) is denied; McAfee's motion to strike damages expert report (Filing No. 770 ) is granted. Prism shall produce a new expert report as to McAfee in complia nce with the November 22, 2011, protective order by August 9, 2012. McAfee shall serve a responsive report by August 30, 2012; Symantec's motion to strike Prism's expert report on damages (Filing No. 775 ) is granted. Prism shall pro duce a new expert report as to Symantec in compliance with the November 22, 2011, protective order by August 9, 2012; Symantec shall serve a responsive report by August 30, 2012; and Trend's motion to strike Prism's damages expert r eport (Filing No. 785 ) is granted. Prism shall produce a new expert report as to Trend in compliance with the November 22, 2011, protective order by August 9, 2012. Trend shall serve a responsive report by August 30, 2012. Ordered by Senior Judge Lyle E. Strom. (TEL)
July 26, 2012 830 Opinion or Order of the Court MEMORANDUM AND ORDER - Prism's motion to compel (Filing No. 707 ) is granted in part and denied in part. Ordered by Senior Judge Lyle E. Strom. (TEL)
July 27, 2012 832 Opinion or Order of the Court ORDER approving and adopting 831 Stipulation - The progression order is modified to the extent that the parties shall have until August 30, 2012, to complete expert depositions, and until August 20, 2012, to file motions for summary judgment. Ordered by Senior Judge Lyle E. Strom. (TEL)
August 13, 2012 843 Opinion or Order of the Court ORDER - The motion 840 is granted; all claims and counterclaims brought in this action between Prism Technologies, LLC and Adobe Systems, Inc., are dismissed with prejudice, except Adobe Systems, Inc.s counterclaims regarding invalidity which are dismissed without prejudice, each party to bear its own costs and attorney fees. Ordered by Senior Judge Lyle E. Strom. (TEL)
August 13, 2012 844 Opinion or Order of the Court ORDER - The motion 841 is granted; all claims and counterclaims brought in this action between Prism Technologies, LLC and Autodesk, Inc., are dismissed with prejudice, except Autodesk Inc.'s, counterclaims regarding invalidity which are dismissed without prejudice, each party to bear its own costs and attorney fees. Ordered by Senior Judge Lyle E. Strom. (TEL)
August 21, 2012 878 Opinion or Order of the Court ORDER - IT IS ORDERED that the motion for leave to file documents as restricted access documents 852 is granted. Trend Micro's brief, as well as Exhibits 1, 3, 10, 13, 14, 15, and 16 filed in support thereof, shall remain as restricted access pending further order of the Court. Ordered by Senior Judge Lyle E. Strom. (TCL )
August 21, 2012 879 Opinion or Order of the Court ORDER - IT IS ORDERED that the motion for leave to file documents as restricted access documents 865 is granted. Defendants' brief, as well as Exhibits A-D, H, and K filed in support thereof, shall remain as restricted access pending further order of the Court. Ordered by Senior Judge Lyle E. Strom. (TCL )
August 21, 2012 880 Opinion or Order of the Court ORDER - IT IS ORDERED that the motion for leave to file documents as restricted access documents 869 is granted. Defendants' brief, as well as Exhibits C, D, I, J, K, and L filed in support thereof, shall remain as restricted access pending further order of the Court. Ordered by Senior Judge Lyle E. Strom. (TCL )
August 21, 2012 881 Opinion or Order of the Court ORDER - IT IS ORDERED that the motion for leave to file documents as restricted access documents 873 is granted. Defendants' brief, as well as Exhibits A-C and G-M filed in support thereof, shall remain as restricted access pending further order of the Court. Ordered by Senior Judge Lyle E. Strom. (TCL )
August 30, 2012 890 Opinion or Order of the Court ORDER - The motion 885 is granted. The following briefing schedule is adopted: Defendants' brief and index of evidence in support shall be filed on or before August 29, 2012; Plaintiff's brief and index of evidence in opposition shall be filed on or before September 5, 2012; Defendants' reply brief and index shall be filed on or before September 7, 2012. Ordered by Senior Judge Lyle E. Strom. (TEL)
August 30, 2012 891 Opinion or Order of the Court ORDER granting 886 Motion to Restrict pursuant to the E-Government Act - The brief in support of defendants' expedited motion to continue trial, reopen discovery, and compel production of improperly withheld documents and Exhibits 1-11 and 13 in support of their brief shall remain as restricted pending further order of the Court. Ordered by Senior Judge Lyle E. Strom. (TEL)
September 7, 2012 912 Opinion or Order of the Court ORDER granting 899 Motion to Seal - The brief in support of defendants' opening motion in support of their Daubert motion to strike the reports of Prism's technical expert and Exhibits A and B shall remain as restricted pending further order of the Court. Ordered by Senior Judge Lyle E. Strom. (TEL)
September 7, 2012 913 Opinion or Order of the Court ORDER granting 909 Motion to Seal - Exhibits 2 - 7, 15, 19 and 26 to the index of evidence in support of Prism's Omnibus motions in limine shall remain as restricted access pending further order of the Court. Ordered by Senior Judge Lyle E. Strom. (TEL)
September 10, 2012 918 Opinion or Order of the Court ORDER granting 914 Motion to Restrict pursuant to the E-Government Act - Defendant's reply brief and Exhibits A and 1 in support of the brief shall remain as restricted access pending further order of the Court. Ordered by Senior Judge Lyle E. Strom. (TEL)
September 14, 2012 944 Opinion or Order of the Court ORDER - The motions for leave to file documents as restricted access 920 928 932 936 are granted. The documents as reflected in the respective motions shall remain as restricted access pending further order of the Court. Ordered by Senior Judge Lyle E. Strom. (TEL)
September 14, 2012 945 Opinion or Order of the Court ORDER - The motion for leave to file documents as restricted access 924 is granted. Exhibit J to defendant's brief in opposition to Prism's motion for summary judgment regarding the priority date of the '288 patent shall remain as restricted access pending further order of the Court. Ordered by Senior Judge Lyle E. Strom. (TEL)
September 17, 2012 953 Opinion or Order of the Court ORDER - The motion for leave to file documents as restricted access 942 are granted. Exhibits 12 and 21 to the index of evidence in support of Prism's brief in opposition to Symantec's motion for summary judgment of no willful infringement shall remain as restricted access pending further order of the Court. Ordered by Senior Judge Lyle E. Strom. (AOA)
September 17, 2012 954 Opinion or Order of the Court ORDER - The motion for leave to file documents under seal 950 is granted. Defendants' supplemental reply and Exhibits 1, 2 and 3 shall remain as restricted access pending further order of the Court. Ordered by Senior Judge Lyle E. Strom. (AOA)
September 17, 2012 955 Opinion or Order of the Court ORDER - Defendants' motion (Filing No. 884 ) is granted in part, and the amended final progression order (Filing No. 482 ) is amended as follows: 1) On or before September 18, 2012, Prism will produce to defendants a fully unredacted copy of the April 2010 Korth deposition transcript, along with Exhibits 9, 12, and 13 thereto; 2) Defendants may conduct one half-day deposition of each of the following Prism employees: Greg Duman, Rick Gregg, and Jerry Korth. Such depositions will be compl eted by October 23, 2012. In addition, defendants may conduct a full-day deposition of one relevant third party, also to be completed by October 23, 2012. Defendants may also demand additional production of documents from Prism on or before October 2 3, 2012. The issues covered in the depositions and any additional documents that defendants demand Prism to produce shall be limited in scope as described above; 3) The motions for summary judgment currently before the Court will not be considered at this time. If any party chooses to do so, it may submit a "Supplemental Brief" in further support of its motion for summary judgment on or before November 13, 2012. If a supplemental brief is filed, the opposing party may file a " Supplemental Reply Brief" on or before November 20, 2012. The Court will consider the motions to be fully briefed as of November 20, 2012. If the Court deems it necessary to hear oral argument on the motions, the Court will so inform the parties . Jury Trial set for 1/14/2013 at 09:00 AM in Courtroom 1, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Senior Judge Lyle E. Strom. If the parties desire to have another pretrial conference, they shall advise the Court on or before December 21, 2012. Defendants' motion for leave to file a supplemental reply brief (Filing No. 949 ) is denied as moot. Ordered by Senior Judge Lyle E. Strom. (AOA)
September 17, 2012 956 Opinion or Order of the Court ORDER granting 952 Motion to Restrict pursuant to the E-Government Act. Exhibits A to Filing 949 shall remain as restricted access pending further order of the Court. Ordered by Senior Judge Lyle E. Strom. (JLS, )
September 20, 2012 958 Opinion or Order of the Court ORDER granting Joint Motion for Briefing Schedule Concerning Daubert Motions and Motions in Limine 957 filed by McAfee, Inc. The deadline for filing opposition papers to motions in limine, including the deadline for Prism's opposi tion papers to defendants' Daubert motion regarding Mr. Klausner, shall be filed on or before October 9, 2012. Reply by 10/16/2012. All Daubert motions pertaining to damage experts shall be filed on or before October 9, 2012, with opposition papers due on or before October 19, 2012, and reply briefs are due on or before October 26, 2012. Ordered by Senior Judge Lyle E. Strom. (JAB)
September 27, 2012 965 Opinion or Order of the Court ORDER - The motion for leave to file documents as restricted access 963 are granted. Exhibits K - O to the index of evidence in support of Prisms brief in support of its motion for leave to file second amended complaint shall remain as restricted access pending further order of the Court. Ordered by Senior Judge Lyle E. Strom. (AOA)

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Defendant: Adobe Systems Incorporated
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Defendant: Autodesk, Inc.
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Defendant: McAfee, Inc.
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Defendant: National Instruments Corporation
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Defendant: Nuance Communications, Inc.
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Defendant: Quark, Inc.
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Defendant: Sage Software, Inc.
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Defendant: Symantec Corporation
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Defendant: The Mathworks, Inc.
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Defendant: The Sage Group plc
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Defendant: Trend Micro Incorporated
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Plaintiff: Prism Technologies
Represented By: Christopher D. Banys
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