Auburn University v. International Business Machines, Corp.

Plaintiff: Auburn University
Defendant: International Business Machines, Corp.
Case Number: 3:2009cv00694
Filed: July 23, 2009
Court: Alabama Middle District Court
Office: Opelika Office
County: Lee
Presiding Judge: W. Harold Albritton
Referring Judge: Wallace Capel
Nature of Suit: Plaintiff
Cause of Action: 35:271 Patent Infringement
Jury Demanded By: Plaintiff

Available Case Documents

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Date Filed#Document Text
March 29, 2013 395 Opinion or Order of the Court ORDER denying as moot 355 Daubert Motion to Strike Certain Opinions of David G. Borden. Signed by Honorable Judge Mark E. Fuller on 3/29/2013. (wcl, )
October 30, 2012 391 Opinion or Order of the Court ORDER granting 389 Opposed Motion for Leave to File a Surreply; Dft shall file its surreply brief on or before 11/2/2012, at which point briefing on Plf's 382 Motion for Entry of Judgment Under Rule 54(b) shall be closed absent a showing of good cause. Signed by Honorable Judge Mark E. Fuller on 10/30/2012. (wcl, )
April 23, 2012 370 Opinion or Order of the Court MEMORANDUM OPINION AND ORDER denying 323 Auburn's MOTION to Amend Its Pleadings to Add a Claim for Declaratory Judgment that the Accused Sony Methods Will Infringe. Signed by Honorable Judge Mark E. Fuller on 4/23/2012. (wcl, )
December 20, 2011 305 Opinion or Order of the Court DISCOVERY ORDER that IBM provide to Auburn by no later than 12/30/2011, certain documents and information, as further set out in order. Signed by Honorable Judge Mark E. Fuller on 12/20/2011. (wcl, )
December 6, 2011 288 Opinion or Order of the Court ORDERED that the parties be prepared to argue the 280 and 285 motions in the hearing currently scheduled before this Court for 12/8/2011, at 2:00 PM, Courtroom 2A; ORDER granting 286 Motion to File Under Seal. Signed by Honorable Judge Mark E. Fuller on 12/6/2011.(wcl, )
January 25, 2011 143 Opinion or Order of the Court ORDERED that on or before 1/28/2011: 1) Dft shall submit case law, if any, whereby a court imported limitations from a preferred embodiment because that was the sole embodiment referencing the claimed invention; and 2) The parties shall provide their objections, if any, to the following proposed claim constructions, as further set out in order; further ORDERED that the parties file supplemental briefing relating to the claim construction of "reliability" as it is used in Dft's patents on or before 2/2/2011; The parties may file responses to the supplemental briefings on or before 2/9/2011. Signed by Hon. Chief Judge Mark E. Fuller on 1/25/2011. (wcl, )
October 14, 2010 122 Opinion or Order of the Court MEMORANDUM OPINION AND ORDER that Auburn show cause in writing on or before 10/18/2010 as to why its opening claim-construction briefs and exhibits thereto should be filed under seal, as further set out in order. Signed by Hon. Chief Judge Mark E. Fuller on 10/14/2010. (wcl, )
October 7, 2010 116 Opinion or Order of the Court ORDER granting 113 MOTION to Seal; further ORDERED that Plf Auburn University shall show cause on or before 10/14/2010 why the 110 MOTION for Order should not be granted; IBM shall have until 10/21/2010 to file any reply it may wish to file; The motion will be taken under submission on that day for determination without oral hearing. Signed by Hon. Chief Judge Mark E. Fuller on 10/7/2010. (wcl, )
October 4, 2010 114 Opinion or Order of the Court MEMORANDUM OPINION AND ORDER that IBM show cause in writing on or before 10/6/2010, as to why the Final Infringement Contentions should be filed under seal, as further set out in order. Signed by Hon. Chief Judge Mark E. Fuller on 10/4/2010. (wcl, )
June 8, 2010 85 Opinion or Order of the Court MEMORANDUM OPINION AND ORDER: 1) Auburn's 50 Motion for Leave to File an Amended Complaint is DENIED with respect to Auburn's proposed Count III (unjust enrichment) and Count IV (conversion) and GRANTED in all other respects; 2) Auburn must file an amended complaint consistent with this Memorandum Opinion and Order on or before 6/17/2010. Signed by Hon. Chief Judge Mark E. Fuller on 6/8/2010. (wcl, )

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Plaintiff: Auburn University
Represented By: Griffin Lane Knight
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Defendant: International Business Machines, Corp.
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