Prism Technologies v. AT&T et al

Plaintiff: Prism Technologies
Defendant: AT&T and AT&T Mobility, L.L.C.
 
Case Number: 8:2012cv00122
Filed: April 4, 2012
 
Court: Nebraska District Court
Office: 8 Omaha Office
Presiding Judge: Lyle E. Strom
Referring Judge: Thomas D. Thalken
 
Nature of Suit: Patent
Cause of Action: 28:1338 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
May 30, 2013 122 Opinion or Order of the Court ORDER - IT IS ORDERED that the motions are granted; defendants' opening brief on claim construction and Exhibits E, GG, HH and II attached to defendants' index of evidence in support thereof shall be filed under seal pending further order of the Court. Ordered by Senior Judge Lyle E. Strom. (TCL )
May 30, 2013 123 Opinion or Order of the Court ORDER - IT IS ORDERED that the motions are granted; plaintiff's motions to file Exhibits M and N to its opening brief in support of its constructions are filed as restricted pending further order of the Court. Ordered by Senior Judge Lyle E. Strom. (TCL )
July 9, 2013 129 Opinion or Order of the Court ORDER - IT IS ORDERED that the motions are granted; the parties may file the exhibits to supplement the claim construction record as provided in the motions. Ordered by Senior Judge Lyle E. Strom. (TCL )
July 30, 2013 132 Opinion or Order of the Court MEMORANDUM AND ORDER - IT IS ORDERED: For the purposes of United States Patent Nos. 7,290,288, 8,127,345, and 8,387,155, 1) As jointly stipulated by the parties (Schedule B, Filing No. 110), the following terms are construed as indicated in this Order. 2) As jointly stipulated by the parties (Schedule B, Filing No. 110), the preambles of the asserted claims are limiting. 3) The Court construes disputed terms as set forth within this Order. 4) The Court will not provide a construction for the term "authorization level(s)." Ordered by Senior Judge Lyle E. Strom. (TCL )
September 30, 2013 142 Opinion or Order of the Court ORDER - IT IS ORDERED that the motions for leave to file documents as restricted are granted in accordance with plaintiff's respective motions. Ordered by Senior Judge Lyle E. Strom. (TCL )
October 31, 2013 155 Opinion or Order of the Court ORDER - IT IS ORDERED: Plaintiff's and Defendants' motions for proposed progression schedule are denied. Plaintiff's motions to compel are denied without prejudice at this time. Defendants' motions for a stay in discovery are denied. The parties shall meet and confer regarding the discovery disputes in accordance with this memorandum opinion. Ordered by Senior Judge Lyle E. Strom. (TCL )
October 31, 2013 156 Opinion or Order of the Court ORDER granting (151) Motion to Restrict pursuant to the E-Government Act in case 8:12-cv-00122-LES-TDT; granting (151) Motion to Restrict pursuant to the E-Government Act in case 8:12-cv-00123-LES-TDT; granting (146) Motion to Restrict pursuant to the E-Government Act in case 8:12-cv-00125-LES-TDT; granting (153) Motion to Restrict pursuant to the E-Government Act in case 8:12-cv-00126-LES-TDT Ordered by Senior Judge Lyle E. Strom. (AOA)
February 19, 2014 189 Opinion or Order of the Court MEMORANDUM AND ORDER - IT IS ORDERED that AT&T's motion to supplement its invalidity contentions is granted. Ordered by Senior Judge Lyle E. Strom. (TCL )
March 10, 2014 203 Opinion or Order of the Court ORDER - IT IS ORDERED that the motion 199 is granted; Exhibit C to its brief in support of its motion to compel Prism to provide proper responses to AT&T's requests for admissions shall be filed as sealed pending further order of the Court. Ordered by Senior Judge Lyle E. Strom. (TCL )
April 9, 2014 211 Opinion or Order of the Court ORDER - IT IS ORDERED: The previous order did not limit the obviousness combinations other than to combinations of those twenty (20) references. The defendants shall elect twenty (20) anticipation references per defendant. The defendants may utilize only those twenty references (20) to compose obviousness combinations. Ordered by Senior Judge Lyle E. Strom. (TCL )
April 16, 2014 212 Opinion or Order of the Court ORDER - IT IS ORDERED that the motion 207 is granted; Exhibit B to its response to AT&T's motion to compel shall be filed as sealed pending further order of the Court. Ordered by Senior Judge Lyle E. Strom. (TCL )
April 21, 2014 214 Opinion or Order of the Court MEMORANDUM AND ORDER - IT IS ORDERED: AT&T's motion regarding RFA Nos. 223, 224, 225, 226 and 233 is granted. Plaintiff shall respond to those requests for admission by May 2, 2014. The remainder of AT&T's motion to compel is denied as moot. Ordered by Senior Judge Lyle E. Strom. (TCL )
May 6, 2014 223 Opinion or Order of the Court ORDER denying 215 motion for leave to supplement its invalidity contentions. Ordered by Senior Judge Lyle E. Strom. (JDR)
July 1, 2014 245 Opinion or Order of the Court ORDER - IT IS ORDERED that the motions 230 234 238 are granted; the documents as enumerated in the respective motions are filed as restricted pending further order of the Court. Ordered by Senior Judge Lyle E. Strom. (TCL )
July 1, 2014 246 Opinion or Order of the Court ORDER - IT IS ORDERED that the motion 241 is granted; the documents as enumerated in the motions are filed as restricted pending further order of the Court. Ordered by Senior Judge Lyle E. Strom. (TCL )
July 7, 2014 251 Opinion or Order of the Court ORDER - IT IS ORDERED that the motion 250 is granted; the documents as enumerated in the motions are filed as restricted pending further order of the Court. Ordered by Senior Judge Lyle E. Strom. (TCL )
July 10, 2014 274 Opinion or Order of the Court ORDER - IT IS ORDERED that the motions 254 272 are granted; the documents as enumerated in the motions are filed as restricted pending further order of the Court. Ordered by Senior Judge Lyle E. Strom. (TCL )
July 10, 2014 275 Opinion or Order of the Court ORDER - IT IS ORDERED that the motions are granted; the documents as enumerated in the respective motions are filed as sealed pending further order of the Court. Ordered by Senior Judge Lyle E. Strom. (TCL )
July 16, 2014 278 Opinion or Order of the Court ORDER - IT IS ORDERED that the motion 276 is granted; plaintiff's brief in opposition to defendant's motion for protective order is filed as restricted pending further order of the Court. Ordered by Senior Judge Lyle E. Strom. (TCL )
July 22, 2014 295 Opinion or Order of the Court ORDER - IT IS ORDERED that plaintiff's motion 294 is granted. Docket No. 289 shall be stricken, and Docket No. 293 is deemed the correct replacement document. Ordered by Senior Judge Lyle E. Strom. (TCL )
July 22, 2014 296 Opinion or Order of the Court ORDER - IT IS ORDERED that the motions 279 282 290 are granted; the documents as enumerated in the motions are filed as restricted pending further order of the Court. Ordered by Senior Judge Lyle E. Strom. (TCL )
July 22, 2014 297 Opinion or Order of the Court ORDER - IT IS ORDERED that the motion is granted 287 ; the documents enumerated in plaintiff's motion are filed as restricted pending further order of the Court. Ordered by Senior Judge Lyle E. Strom. (TCL )
July 23, 2014 303 Opinion or Order of the Court ORDER - IT IS ORDERED that the motions 298 300 are granted; the documents as enumerated in the motions are filed as restricted pending further order of the Court. Ordered by Senior Judge Lyle E. Strom. (TCL )
July 23, 2014 304 Opinion or Order of the Court ORDER granting 247 motion for protective order. Ordered by Senior Judge Lyle E. Strom. (JDR) Modified on 7/23/2014 (JDR) to reflect error in docketing entry.
July 30, 2014 311 Opinion or Order of the Court ORDER - IT IS ORDERED that the motion 305 is granted; the documents as enumerated in the motion are filed as restricted pending further order of the Court. Ordered by Senior Judge Lyle E. Strom. (TCL )
July 30, 2014 312 Opinion or Order of the Court ORDER - IT IS ORDERED that the motion is granted 308 ; the documents enumerated in plaintiff's motion are filed as restricted pending further order of the Court. Ordered by Senior Judge Lyle E. Strom. (TCL )
July 31, 2014 315 Opinion or Order of the Court ORDER - IT IS ORDERED that the motion is granted 313 ; the documents enumerated in plaintiff's motion are filed as restricted pending further order of the Court. Ordered by Senior Judge Lyle E. Strom. (TCL)
August 4, 2014 332 Opinion or Order of the Court ORDER - IT IS ORDERED that the motion 316 is granted; the documents as enumerated in the motion are filed as restricted pending further order of the Court. Ordered by Senior Judge Lyle E. Strom. (TCL )
June 7, 2012 33 Opinion or Order of the Court ORDER granting Notice of Voluntary Dismissal 25 - AT&T Inc., is dismissed as a party defendant without prejudice. Ordered by Senior Judge Lyle E. Strom. (TEL)
August 5, 2014 340 Opinion or Order of the Court ORDER - IT IS ORDERED that the motions 268 329 are granted; the documents as enumerated in the respective motions are filed sealed and as restricted pending further order of the Court. Ordered by Senior Judge Lyle E. Strom. (TCL )
August 5, 2014 341 Opinion or Order of the Court ORDER - IT IS ORDERED that the motions 320 323 326 are granted; the documents enumerated in the respective motions are filed as restricted pending further order of the Court. Ordered by Senior Judge Lyle E. Strom. (TCL )
August 5, 2014 342 Opinion or Order of the Court ORDER - IT IS ORDERED that the motions for leave to file documents as restricted are granted; the documents as enumerated in the motions are filed as restricted pending further order of the Court. Ordered by Senior Judge Lyle E. Strom. (TCL)
August 12, 2014 359 Opinion or Order of the Court ORDER - IT IS ORDERED that the motions 348 352 are granted; the documents as enumerated in the respective motions are filed as restricted pending further order of the Court. Ordered by Senior Judge Lyle E. Strom. (TCL )
August 12, 2014 360 Opinion or Order of the Court ORDER - IT IS ORDERED that the motion 355 is granted; the documents as enumerated in the motion are filed as restricted pending further order of the Court. Ordered by Senior Judge Lyle E. Strom. (TCL )
August 15, 2014 373 Opinion or Order of the Court ORDER - IT IS ORDERED that the motions 363 370 366 are granted; the documents as enumerated in the respective motions are filed as restricted and sealed pending further order of the Court. Ordered by Senior Judge Lyle E. Strom. (TCL )
August 15, 2014 374 Opinion or Order of the Court ORDER - IT IS ORDERED that the parties may file documents as restricted or sealed, without the necessity of filing a separate motion, subject to the above terms. Ordered by Senior Judge Lyle E. Strom. (TCL )
August 19, 2014 378 Opinion or Order of the Court ORDER denying as moot 376 motion to restrict pursuant to the E-Government Act. Ordered by Senior Judge Lyle E. Strom. (JDR)
July 3, 2012 38 Opinion or Order of the Court ORDER - The joint motion for enlargement of time to submit parties' planning conference report 37 is granted. The parties shall have fourteen days after the date of defendant's answer to file their Rule 26(f) report after the Court rules on defendant's motion to dismiss. Ordered by Senior Judge Lyle E. Strom. (TEL)
September 6, 2012 39 Opinion or Order of the Court MEMORANDUM AND ORDER - AT&T's motion to dismiss (Filing No. 27 ) is granted, as follows: Prism will file an amended complaint with the Court setting forth adequate infringement allegations on or before September 21, 2012. Should Prism fail to file a timely amended complaint, this action will be dismissed. AT&T's request for oral argument is denied as moot. (Amended Complaint due by 9/21/2012.) Ordered by Senior Judge Lyle E. Strom. (TEL)
September 17, 2014 403 Opinion or Order of the Court PRETRIAL ORDER - estimated length of trial is 8 - 10 days. Jury Trial set for 10/14/2014 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 Magistrate Judge Thomas D. Thalken. (KMG)
September 22, 2014 411 Opinion or Order of the Court MEMORANDUM AND ORDER that the defendants' motions (Filing No. 261 in 8:12CV122; Filing No. 221 in 8:12CV123; Filing No. 234 in 8:12CV124; Filing No. 214 in 8:12CV125; Filing No. 204 in 8:12CV126)) are granted. Mr. Malackowski is prohibited from offering his opinion and testimony at trial in its entirety. In light of this order, the Court dismisses AT&T'scase-specific motion (Filing No. 266) against Mr. Malackowski. DATED this 22nd day of September, 2014. Ordered by Senior Judge Lyle E. Strom. (ADB)
September 24, 2014 412 Opinion or Order of the Court ORDER approving and adopting 387 the stipulation on joint notice of agreements on motions in limine. Ordered by Senior Judge Lyle E. Strom. (JDR)
September 24, 2014 413 Opinion or Order of the Court ORDER denying as moot 407 motion to strike. Ordered by Senior Judge Lyle E. Strom. (JDR)
September 29, 2014 417 Opinion or Order of the Court MEMORANDUM AND ORDER denying (255) Motion to Exclude in case 8:12-cv-00122-LES-TDT; denying (216) Motion to Exclude in case 8:12-cv-00123-LES-TDT; denying (229) Motion to Exclude in case 8:12-cv-00124-LES-TDT; denying (209) Motion to Exclude in case 8:12-cv-00125-LES-TDT; denying (199) Motion to Exclude in case 8:12-cv-00126-LES-TDT. Ordered by Senior Judge Lyle E. Strom. (ADB, )
September 30, 2014 420 Opinion or Order of the Court MEMORANDUM AND ORDER - IT IS ORDERED: Plaintiff's motion (Filing No. 228 ) is denied. Defendant's motion (Filing No. 345 ) to file a surreply is granted; the sur-reply is deemed filed. Ordered by Senior Judge Lyle E. Strom. (TCL)
September 30, 2014 421 Opinion or Order of the Court MEMORANDUM AND ORDER - IT IS ORDERED: The plaintiff's motion (Filing No. 270 ) is denied in part and granted in part. Mr. Neal may be called as a live witness but the scope of his testimony is limited to the contents of his deposition, the d ocuments which Syniverse produced to Prism, and his competency during his deposition. The documents which the defendant produced for the first time in response to the plaintiff's expert report concerning Microsoft user data and metrocells are s tricken and excluded. The "profit and loss" spreadsheet that contained the line item "Interconnect/Facilities" is not stricken. The defendant's motion (Filing No. 317 ) to file a sur-reply is granted; the sur-rely is deemed filed. Ordered by Senior Judge Lyle E. Strom. (TCL )
October 6, 2014 425 Opinion or Order of the Court MEMORANDUM AND ORDER that Mr. Minor may testify at trial. The defendant's motion (Filing No. 422) is denied and Mr. Minor may offer such testimony as is in his expert report regarding cost-savings. Ms. Davis may testify at trial in the limited role as a rebuttal, technical witness. Ordered by Senior Judge Lyle E. Strom. (ADB)
October 6, 2014 427 Opinion or Order of the Court MEMORANDUM AND ORDER granting in part and denying in part 388 Motion in Limine; granting in part and denying in part 391 Motion in Limine. Ordered by Senior Judge Lyle E. Strom. (ADB)
October 20, 2014 469 Opinion or Order of the Court ORDER that the parties' joint stipulation (Filing No. 450) is approved and adopted. Plaintiff's motion (Filing No. 448) is granted. The Court defers consideration on objections (Filing No. 444, Filing No. 445, Filing No. 446). Defendant 's motion to compel (Filing No. 435) is denied. Defendant's motion to preclude Prism's untimely and improper alternative damages theory and new damages evidence, or in the alternative, to continue the trial date and reopen discovery on damages (Filing No. 441) is denied. Plaintiff's objections to Ms. Davis' testifying at trial (Filing No. 462) are denied. Her testimony must be limited per this Court's order (Filing No. 425). Ordered by Senior Judge Lyle E. Strom. (ADB)
December 11, 2012 64 Opinion or Order of the Court ORDER - IT IS ORDERED that plaintiff's motions to withdraw without prejudice its motions for protective order are granted. Ordered by Senior Judge Lyle E. Strom. (TCL )
December 11, 2012 65 Opinion or Order of the Court ORDER - Scheduling Conference set for 1/11/2013 08:15 AM in Chambers before Senior Judge Lyle E. Strom. Ordered by Senior Judge Lyle E. Strom. (TCL )
January 8, 2013 67 Opinion or Order of the Court MEMORANDUM AND ORDER - IT IS ORDERED that the joint motions for protective order governing the disclosure and use of discovery materials (Filing No. 59 in 8:12CV122, Filing No. 58 in 8:12CV123, Filing No. 55 in 8:12CV124, Filing No. 54 in 8:12CV125, and Filing No. 59 in 8:12CV126) are granted to the extent described above. The parties shall submit to the Court an amended Proposed Order incorporating the decisions of this Court as delineated herein by January 15, 2013. Ordered by Senior Judge Lyle E. Strom. (TCL )
January 22, 2013 71 Opinion or Order of the Court PROTECTIVE ORDER. Ordered by Senior Judge Lyle E. Strom. (TCL )
February 13, 2013 81 Opinion or Order of the Court ORDER - IT IS ORDERED: The motions (Filing No. 80 in 8:12CV122, Filing No. 78 in 8:12CV123 and Filing No. 81 in 8:12CV124) to strike are granted. The clerk of court shall strike the specified briefs. Plaintiff shall refile the corrected briefs on or before February 20, 2013. Ordered by Senior Judge Lyle E. Strom. (TCL )

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Plaintiff: Prism Technologies
Represented By: Paul Andre
Represented By: Mark A. Baghdassarian
Represented By: Andre J. Bahou
Represented By: Jonathan S. Caplan
Represented By: Marcus A. Colucci
Represented By: Michael C. Cox
Represented By: Daniel J. Fischer
Represented By: Lisa Kobialka
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Defendant: AT&T
Represented By: James M. Sulentic
Represented By: John P. Passarelli
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Defendant: AT&T Mobility, L.L.C.
Represented By: John P. Passarelli
Represented By: James M. Sulentic
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