DivX, LLC v. Hulu, LLC
Plaintiff: DIVX, LLC
Defendant: Hulu, LLC
Case Number: 2:2019cv01606
Filed: March 5, 2019
Court: US District Court for the Central District of California
Presiding Judge: Philip S Gutierrez
Referring Judge: Douglas F McCormick
2 Judge: Jean P Rosenbluth
Nature of Suit: Patent
Cause of Action: 35 U.S.C. § 271
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on September 25, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 25, 2020 Filing 125 NOTICE of Change of Attorney Business or Contact Information: for attorney Jason Francis Choy counsel for Defendant Hulu, LLC. Changing address to 350 South Grand Avenue, Suite 2400, Los Angeles, California 90071. Filed by Defendant Hulu, LLC. (Choy, Jason)
August 19, 2020 Filing 124 NOTICE of Change of Attorney Business or Contact Information: for attorney David M Stein counsel for Plaintiff DivX, LLC. Changing firm name and address to Brown Rudnick LLP, 2211 Michelson Drive, 7th Floor, Irvine, CA 92612. Changing e-mail to dstein@brownrudnick.com. Filed by Plaintiff DivX, LLC. (Stein, David)
May 11, 2020 Filing 123 REPORT ON THE DETERMINATION OF AN ACTION Regarding a Patent or Trademark. (Closing) (bm)
May 11, 2020 Filing 122 MINUTES (In Chambers): The Court GRANTS Defendants' Motions to Stay by Judge Philip S. Gutierrez granting #100 EX PARTE APPLICATION to Stay Case; finding as moot #120 EX PARTE APPLICATION to Reschedule: For the reasons stated, the Court GRANTS Defendants' motions. These cases are administratively closed. As noted, any party may apply ex parte to reopen the cases as to some or all of the asserted patents (a) after the PTAB has issued preliminary decisions on all of Defendants' pending IPR petitions or (b) after the conclusion of all IPR proceedings. Because these matters are administratively closed by this Order, Hulu's ex parte application to amend the scheduling order in this case (Dkt. no. 120) is MOOT. (see document for further details) (MD JS-6. Case Terminated) (bm)
May 6, 2020 Filing 121 OPPOSITION to EX PARTE APPLICATION to Reschedule #120 filed by Plaintiff DivX, LLC, Counter Defendant DivX, LLC. (Attachments: #1 Declaration of A. Fahrenkrog, #2 Exhibit 1, #3 Proposed Order)(Fahrenkrog, Aaron)
May 5, 2020 Filing 120 EX PARTE APPLICATION to Reschedule filed by defendant Hulu, LLC. (Attachments: #1 Proposed Notice of Motion, #2 Memorandum in Support of Proposed Motion, #3 Exhibit 1 - Proposed Schedule, #4 Declaration in Support of Ex Parte Application and Motion, #5 Exhibit A, #6 Exhibit B, #7 Exhibit C, #8 Exhibit D, #9 Proposed Order) (Dowd, James)
May 4, 2020 Filing 119 REPLY In Support of Corrected NOTICE OF MOTION AND MOTION to Stay Case pending INTER PARTES REVIEW #113 , NOTICE OF MOTION AND MOTION to Stay Case pending INTER PARTES REVIEW #100 filed by Counter Claimant Hulu, LLC, Defendant Hulu, LLC. (Attachments: #1 Declaration of Jason F. Choy, #2 Exhibit A to Choy Decl., #3 Exhibit B to Choy Decl.)(Choy, Jason)
April 28, 2020 Filing 118 NOTICE of Appearance filed by attorney Joseph Taylor Gooch on behalf of Counter Claimant Hulu, LLC, Defendant Hulu, LLC (Attorney Joseph Taylor Gooch added to party Hulu, LLC(pty:cc), Attorney Joseph Taylor Gooch added to party Hulu, LLC(pty:dft))(Gooch, Joseph)
April 28, 2020 Filing 117 RESPONSE BY THE COURT TO NOTICE OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: Corrected MOTION to Stay Case #113 by Judge Philip S. Gutierrez. The document is actually a Memorandum. Document accepted as filed. (wm)
April 27, 2020 Opinion or Order Filing 116 STIPULATED ORDER GOVERNING THE PRODUCTION OF ELECTRONICALLY STORED INFORMATION #112 by Magistrate Judge Douglas F. McCormick. (es)
April 27, 2020 Filing 115 OPPOSITION to Corrected NOTICE OF MOTION AND MOTION to Stay Case pending INTER PARTES REVIEW #113 , NOTICE OF MOTION AND MOTION to Stay Case pending INTER PARTES REVIEW #100 filed by Plaintiff DivX, LLC, Counter Defendant DivX, LLC. (Attachments: #1 Declaration of A. Fahrenkrog, #2 Exhibit 1 to A. Fahrenkrog Decl., #3 Exhibit 2 to A. Fahrenkrog Decl., #4 Declaration of N. Egnatios)(Fahrenkrog, Aaron)
April 27, 2020 Filing 114 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Defendant Hulu LLC's Corrected Memorandum Of Points And Authorities In Support Of Motion To Stay Pending Inter Partes Review #113 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Responses/Replies/Other Motion Related Documents-Memorandum in Support of Motion. Docket entry text does not match caption of attached document In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (bm)
April 26, 2020 Filing 113 [MEMORANDUM] Corrected NOTICE OF MOTION AND MOTION to Stay Case pending INTER PARTES REVIEW filed by Defendant and Counterclaimant Hulu, LLC. Motion set for hearing on 5/18/2020 at 08:30 AM before Judge Philip S. Gutierrez. (Choy, Jason) Modified on 4/28/2020 (wm).
April 23, 2020 Filing 112 STIPULATION for Order Governing the Production of Electronically Stored Information filed by Plaintiff DivX, LLC. (Attachments: #1 Proposed Order)(Fahrenkrog, Aaron)
April 22, 2020 Opinion or Order Filing 111 STIPULATED PROTECTIVE ORDER #108 by Magistrate Judge Douglas F. McCormick (es)
April 17, 2020 Opinion or Order Filing 110 ORDER APPOINTING MEDIATOR by Judge Philip S. Gutierrez, re Stipulation #109 : Pursuant to the parties' stipulation, IT IS HEREBY ORDERED that the Hon. Jay C. Gandhi, JAMS, is appointed as mediator in this case. (bm)
April 16, 2020 Filing 109 STIPULATION for Order Appointing Mediator filed by Plaintiff DivX, LLC. (Attachments: #1 Proposed Order)(Fahrenkrog, Aaron)
April 10, 2020 Filing 108 STIPULATION for Protective Order filed by Plaintiff DivX, LLC. (Attachments: #1 Proposed Order)(Fahrenkrog, Aaron)
March 27, 2020 Opinion or Order Filing 107 ORDER GRANTING JOINT STIPOLATION AND REQUEST TO AMEND SCHEDULING ORDER by Judge Philip S. Gutierrez, re Stipulation #105 : IT IS HEREBY ORDERED that the schedule governing this case be modified as follows: Hulu's disclosure of invaliditycontentions and accompanying document production: April 2, 2020 (bm) Modified on 3/30/2020 (bm).
March 27, 2020 Filing 106 NOTICE of Appearance filed by attorney Aaron Shawn Thompson on behalf of Counter Claimant Hulu, LLC, Defendant Hulu, LLC (Attorney Aaron Shawn Thompson added to party Hulu, LLC(pty:cc), Attorney Aaron Shawn Thompson added to party Hulu, LLC(pty:dft))(Thompson, Aaron)
March 26, 2020 Filing 105 Joint STIPULATION to Reschedule Disclosure of Invalidity Contentions and Accompanying Document Production filed by Defendant and Counterclaimant Hulu, LLC. (Attachments: #1 Proposed Order)(Choy, Jason)
March 20, 2020 Opinion or Order Filing 104 ORDER by Judge Philip S. Gutierrez: granting #101 Non-Resident Attorney Keith T Howell APPLICATION to Appear Pro Hac Vice on behalf of Defendant Hulu, LLC, designating Jason F Choy as local counsel. (bm)
March 17, 2020 Filing 101 APPLICATION of Non-Resident Attorney Keith T. Howell to Appear Pro Hac Vice on behalf of Counter Claimant Hulu, LLC, Defendant Hulu, LLC (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-25765067) filed by Defendants and Counterclaimants Hulu, LLC. (Attachments: #1 Proposed Order) (Choy, Jason)
March 16, 2020 Opinion or Order Filing 103 ORDER by Judge Philip S. Gutierrez granting #99 Non-Resident Attorney Jason H Liss APPLICATION to Appear Pro Hac Vice on behalf of Defendant Hulu, LLC, designating Jason F Choy as local counsel. (bm)
March 16, 2020 Opinion or Order Filing 102 ORDER by Judge Philip S. Gutierrez granting #98 Non-Resident Attorney Samantha K Picans APPLICATION to Appear Pro Hac Vice on behalf of Defendant Hulu, LLC, designating Jason F Choy as local counsel. (bm)
March 13, 2020 Filing 100 NOTICE OF MOTION AND MOTION to Stay Case pending INTER PARTES REVIEW filed by Defendant and Counterclaimant Hulu, LLC. Motion set for hearing on 5/18/2020 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: #1 Proposed Order, #2 Memorandum, #3 Declaration) (Choy, Jason)
March 11, 2020 Filing 99 APPLICATION of Non-Resident Attorney Jason H. Liss to Appear Pro Hac Vice on behalf of Counter Claimant Hulu, LLC, Defendant Hulu, LLC (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-25696748) filed by Defendant Hulu, LLC. (Attachments: #1 Proposed Order) (Choy, Jason)
March 11, 2020 Filing 98 APPLICATION of Non-Resident Attorney Samantha K. Picans to Appear Pro Hac Vice on behalf of Counter Claimant Hulu, LLC, Defendant Hulu, LLC (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-25696664) filed by Defendant Hulu, LLC. (Attachments: #1 Proposed Order) (Choy, Jason)
March 9, 2020 Opinion or Order Filing 97 ORDER by Judge Philip S. Gutierrez granting #95 Request to Substitute Attorney: The Court hereby orders that the request of: Hulu, LLC, Defendant, to substitute James M. Dowd, who is Retained Counsel, as attorney of record instead of David A. Perlson, Andrew M. Holmes, Brian P. Biddinger, Lance L. Yang, and Valerie A. Lozano. The clerk is hereby ordered to terminate Notices of Electronic Filing for the withdrawing attorneys in this case. (bm)
March 6, 2020 Opinion or Order Filing 96 ORDER by Judge Philip S. Gutierrez: granting #94 Non-Resident Attorney Mary V Sooter APPLICATION to Appear Pro Hac Vice on behalf of Defendant Hulu, LLC, designating Jaason F Choy as local counsel. (bm)
March 5, 2020 Filing 95 REQUEST TO WITHDRAW ATTORNEY David A. Perlson, Andrew M. Holmes, Brian P. Biddinger, Lance L. Yang, Valerie A. Lozano as counsel of record filed by Defendant Hulu, LLC. (Attachments: #1 Proposed Order) (Perlson, David)
March 3, 2020 Filing 94 APPLICATION of Non-Resident Attorney Mary (Mindy) V. Sooter to Appear Pro Hac Vice on behalf of Counter Claimant Hulu, LLC, Defendant Hulu, LLC (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-25597219) filed by Defendant Hulu, LLC. (Attachments: #1 Proposed Order) (Choy, Jason)
March 3, 2020 Filing 93 NOTICE of Appearance filed by attorney Jason Francis Choy on behalf of Counter Claimant Hulu, LLC, Defendant Hulu, LLC (Attorney Jason Francis Choy added to party Hulu, LLC(pty:cc), Attorney Jason Francis Choy added to party Hulu, LLC(pty:dft))(Choy, Jason)
March 3, 2020 Filing 92 NOTICE of Appearance filed by attorney James M Dowd on behalf of Counter Claimant Hulu, LLC, Defendant Hulu, LLC (Attorney James M Dowd added to party Hulu, LLC(pty:cc), Attorney James M Dowd added to party Hulu, LLC(pty:dft))(Dowd, James)
February 28, 2020 Filing 91 NOTICE OF REASSIGNMENT OF CASE filed. Pursuant to document # 90 filed on 02/28/2020. Case transferred to Magistrate Judge Douglas F. McCormick for any discovery matters that are or may be referred by the District Judge. Case number will now read 2:19-cv-01606 PSG(DFMx). (rn)
February 28, 2020 Filing 90 TEXT ONLY ENTRY (In Chambers) by Judge Philip S. Gutierrez: Based on the Court's directive, Magistrate Judge Douglas F. McCormick is reassigned to this case. On all documents subsequently filed in this case, please substitute the initials DFM so that the case number number now reads: CV19-1606-PSG (DFMx). THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (wm) TEXT ONLY ENTRY
February 21, 2020 Filing 89 NOTICE OF REASSIGNMENT OF CASE filed. Pursuant to order filed on 2/20/2020. Case referred to Magistrate Judge Alexander F. MacKinnon for any discovery matters that are or may be referred by the District Judge. Case number will now read 2:19-cv-01606 PSG(AFMx). (rn)
February 20, 2020 Opinion or Order Filing 88 JOINT STIPULATION REGARDING MAGISTRATE JUDGE FROM PATENT PILOT PROGRAM; ORDER by Judge Philip S. Gutierrez, re Stipulation for Consideration #81 : NOTE CHANGES MADE BY THE COURT. IT IS SO ORDERED. (bm)
February 20, 2020 Opinion or Order Filing 87 CASE MANAGEMENT ORDER by Judge Philip S. Gutierrez, re Joint Report Rule 26(f) Discovery Plan #85 : Discovery cut-off 9/24/2020, Motions due by 12/10/2020, Claim Construction hearing on 8/31/2020 at 01:30 PM, Final Pretrial Conference: 4/12/2021 at 2:30 PM, Trial set for 4/27/2021 at 9:00 AM. Last day to hear dispositive motions and Daubert motions: 2/1/2021 at 1:30 PM (see document for further details) (bm)
February 20, 2020 Opinion or Order Filing 86 MINUTE ORDER (In Chambers) ORDER by Judge Philip S. Gutierrez: The Court sets a trial estimate of seven days in both cases. The Court vacates the February 24th Scheduling Conference. (bm)
February 20, 2020 Opinion or Order Filing 85 ORDER FOR JURY TRIAL by Judge Philip S. Gutierrez. Final Pretrial Conference set for 4/12/2021 02:30 PM. Jury Trial set for 4/27/2021 09:00 AM. (wm)
February 19, 2020 Filing 84 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Joint Proposed Schedule #83 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Stipulations-Order. Other error(s) with document(s): Docket entry text does not match caption of attached document. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (bm)
February 18, 2020 Filing 83 JOINT REPORT Rule 26(f) Discovery Plan Supplemental Joint Proposed Schedule ; estimated length of trial 2-3 weeks, filed by Plaintiff DivX, LLC, Counter Defendant DivX, LLC.. (Attachments: #1 Proposed Order)(Fahrenkrog, Aaron)
February 7, 2020 Filing 81 Joint STIPULATION for Consideration of Magistrate Judge from Patent Pilot Program filed by defendant Hulu, LLC.(Yang, Lance)
January 29, 2020 Opinion or Order Filing 82 MINUTE ORDER (In Chambers): Order Setting Claim Construction-Related Dates and Trial Date by Judge Philip S. Gutierrez: As discussed at the Scheduling Conference on January 27, 2020, the Court enters the following dates and procedures in this case: Joint Claim Construction and Prehearing Statement that complies with the requirements of N.D. Cal. Patent L.R. 4-3(a), (b), (c) (up to a maximum of 15 "most significant terms" rather than 10), (d), (e), (f).: June 11, 2020; Simultaneous Opening Claim Construction Briefs, not to exceed 30 pages combined total for both cases. No more than 15 claim terms combined total for both cases may be presented for construction in claim construction briefs unless leave is sought and granted by Court at least 10 days before opening briefs are due and for good cause shown.: July 9, 2020; Simultaneous Responsive Claim Construction Briefs, not to exceed 15 pages combined total for both cases. Parties must seek leave of Court by this date as to any demonstrative materials, such as PowerPoint slides, they would seek to use at the Claim Construction Hearing to support their claim construction positions, including by submitting the proposed materials themselves for consideration. Late-disclosed demonstratives be permitted at the hearing. Parties are also directed to email chambers a word processing document that includes a chart with columns for: (1) the disputed claim terms (with an identification of which asserted claims each term appears in), (2) Plaintiffs proposed construction for each term, (3) Defendants proposed construction for each term, and (4) the Court's construction for each term (to be filled in by Court: August 6, 2020; Claim Construction Hearing: August 31, 2020 at 1:30pm; Claim Construction Hearing: August 31, 2020 at 1:30pm; Trial April 27, 2021 at 9:00 am. As further discussed at the Scheduling Conference, the parties are directed to meet and confer and file a joint stipulation with attached proposed order that includes updated proposals for all other pretrial dates in this matter, as well as procedures for narrowing the number of asserted claims and prior art grounds in this case. 9:00am. (bm)
January 27, 2020 Filing 80 MINUTES OF Scheduling Conference held before Judge Philip S. Gutierrez: Cause called; appearances made. Scheduling conference is not held. Court and counsel confer about the status of the case. The Court instructs counsel to meet and confer and then stipulate to a magistrate judge participating in the Patent Pilot Program. Either a stipulation or a notice that the parties are unable to agree upon a particular magistrate judge must be filed by next week. In addition, counsel are instructed to discuss narrowing the number of claims prior to claims construction and the appropriate time to schedule mediation. Court continues the scheduling conferences to February 24, 2020, at 2:00 p.m., with a joint status report due by February 18, 2020. Order to issue. Court Reporter: Marea Woolrich. (bm)
January 20, 2020 Filing 79 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 2-3 weeks, filed by Plaintiff DivX, LLC, Counter Defendant DivX, LLC.. (Fahrenkrog, Aaron)
January 16, 2020 Filing 78 TEXT ONLY ENTRY (In Chambers) by Judge Philip S. Gutierrez: Based on the Court's motion, the #76 Scheduling Conference is ADVANCED from 02/24/20 to 01/27/20 at 2pm. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (wm) TEXT ONLY ENTRY
November 26, 2019 Filing 77 ANSWER to Answer to Complaint (Attorney Civil Case Opening), Counterclaim #75 with JURY DEMAND filed by Plaintiff DivX, LLC.(Fahrenkrog, Aaron)
November 25, 2019 Opinion or Order Filing 76 ORDER SETTING SCHEDULING CONFERENCE by Judge Philip S. Gutierrez. Scheduling Conference set for 2/24/2020 at 02:00 PM. See order for complete details. (jre)
November 22, 2019 Filing 75 ANSWER to Amended Complaint/Petition,, #59 with JURY DEMAND, COUNTERCLAIM against DivX, LLC filed by Defendant and Counterclaimant Hulu, LLC.(Yang, Lance)
November 15, 2019 Opinion or Order Filing 74 ORDER TO SHOW CAUSE RE: LACK OF PROSECUTION by Judge Philip S. Gutierrez. Response to Order to Show Cause due by 11/22/2019. (wm)
November 4, 2019 Filing 73 MINUTES (In Chambers): The Court DENIES Defendants' Motions to Dismiss the FACs WITHOUT PREJUDICE by Judge Philip S. Gutierrez denying #60 MOTION to Dismiss: For the reasons stated, the Court DENIES Defendants' Motions WITHOUT PREJUDICE. (see document for further details) (bm)
October 29, 2019 Filing 72 TEXT ONLY ENTRY (In Chambers) by Judge Philip S. Gutierrez: DEFENDANT'S MOTION TO DISMISS #60 set for hearing on 11/04/19 is taken under submission and off calendar. Accordingly, no appearance by counsel is necessary. The Court will issue a ruling after full consideration of the submitted pleadings.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (wm) TEXT ONLY ENTRY
October 17, 2019 Opinion or Order Filing 71 ORDER re STIPULATION AND JOINT MOTION REGARDING USE OF ELECTRONIC EQUIPMENT AT THE NOVEMBER 4, 2019 HEARING by Judge Philip S. Gutierrez, re Stipulation #70 : DENIED. (bm)
October 14, 2019 Filing 70 STIPULATION AND JOINT MOTION REGARDING USE OF ELECTRONIC EQUIPMENT re NOTICE OF MOTION AND MOTION to Dismiss First Amended Complaint #60 filed by Defendant Hulu, LLC. (Attachments: #1 Proposed Order)(Yang, Lance)
October 7, 2019 Filing 69 REPLY in support of NOTICE OF MOTION AND MOTION to Dismiss First Amended Complaint #60 filed by Defendant Hulu, LLC. (Yang, Lance)
September 30, 2019 Filing 68 OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss First Amended Complaint #60 filed by Plaintiff DivX, LLC. (Attachments: #1 Exhibit 1)(Fahrenkrog, Aaron)
September 13, 2019 Filing 67 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Appearance or Withdrawal of Counsel (G-123), #63 , Errata, #64 , Notice of Appearance or Withdrawal of Counsel (G-123), #62 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Attorney incorrectly added himself to the wrong party (Hulu). Attorney David Stein has been termed from Hulu and added to DivX LLC. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (ak)
September 9, 2019 Filing 66 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: MOTION to Dismiss #60 by Judge Philip S. Gutierrez. The document is accepted as filed. (wm)
September 9, 2019 Opinion or Order Filing 65 MINUTE ORDER IN CHAMBERS re Order Modifying Briefing Schedule for Oppositions and Replies to Defendants' Pending Motions to Dismiss by Judge Philip S. Gutierrez: Defendants have filed motions to dismiss the first amended complaints in this case, which are set for hearing on November 4, 2019 at 1:30 pm. Netflix Motion, CV 19-1602, Dkt. no. 62; Hulu Motion, CV 19-1606, Dkt. no. 60. Having considered the Motions, the Court ORDERS that the oppositions to the Motions be filed no later than September 30, 2019 and that the replies to the Motions be filed no later than October 7, 2019. See C.D. Cal. L.R. 7-2 (requirements of Local Rule 7, including local rule deadlines to file opposition and reply, are applicable "unless otherwise ordered by the Court.") (bm)
September 6, 2019 Filing 64 NOTICE OF ERRATA filed by Defendant Hulu, LLC. correcting Notice of Appearance or Withdrawal of Counsel (G-123), #63 , Notice of Appearance or Withdrawal of Counsel (G-123), #62 (Attachments: #1 Notice of Appearance or Withdrawal of Counsel)(Stein, David)
September 5, 2019 Filing 63 Notice of Appearance or Withdrawal of Counsel: for attorney David M Stein counsel for Defendant Hulu, LLC. David M. Stein is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendant Hulu, LLC. (Stein, David)
September 5, 2019 Filing 62 Notice of Appearance or Withdrawal of Counsel: for attorney David M Stein counsel for Defendant Hulu, LLC. Adding David M. Stein as counsel of record for Hulu, LLC for the reason indicated in the G-123 Notice. Filed by Plaintiff Hulu, LLC. (Attorney David M Stein added to party Hulu, LLC(pty:dft))(Stein, David)
September 5, 2019 Filing 61 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Motion to Dismiss #60 . The following error(s) was/were found: Hearing information is missing, incorrect, or not timely. Other error(s) with document(s): Motion is noticed for a date that is closed on the court's calendar. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (bm)
September 4, 2019 Filing 60 NOTICE OF MOTION AND MOTION to Dismiss First Amended Complaint filed by Defendant Hulu, LLC. Motion set for hearing on 11/4/2019 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: #1 Exhibit A, #2 Exhibit B) (Yang, Lance)
August 21, 2019 Filing 59 FIRST AMENDED COMPLAINT against Defendant Hulu, LLC amending Complaint (Attorney Civil Case Opening), #1 , filed by Plaintiff DivX, LLC (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, part 1, #11 Exhibit 10, part 2, #12 Exhibit 11, #13 Exhibit 12, part 1, #14 Exhibit 12, part 2, #15 Exhibit 13, #16 Exhibit 14, #17 Exhibit 15)(Fahrenkrog, Aaron)
August 8, 2019 Filing 58 MINUTES (IN CHAMBERS) The Court GRANTS the motions IN PART as to the patents challenged under 35 U.S.C. Section 101 and DENIES the motions IN PART as to the induced infringement claims by Judge Philip S. Gutierrez granting in part and denying in part #47 MOTION to Dismiss Case: For the reasons stated, the Court GRANTS-IN-PART Defendants' Motions as it relates to each of the challenged patents based on insufficient allegations in Plaintiff's Complaints to support its factual assertions in its oppositions. Plaintiff is permitted leave to file amended complaints. Failure to file amended complaints will result in a dismissal with prejudice. Any amended complaint must be filed by August 21, 2019. The Court DENIES-IN-PART Defendants' Motions as to their challenge to the Complaints' induced infringement allegations. (bm)
July 29, 2019 Filing 57 MINUTES OF HEARING ON MOTION TO DISMISS CASE held before Judge Philip S. Gutierrez: Case is called and appearances are made. Hearing on the Motions to Dismiss (dkt. #44 in 19cv1602; dkt. #47 in 19cv1606). Argument is heard. The matter is taken under submission. The Court's ruling will issue. Court Reporter: Marea Woolrich. (bm)
July 25, 2019 Filing 56 NOTICE OF LODGING filed re NOTICE OF MOTION AND MOTION to Dismiss Case #47 (Attachments: #1 Exhibit)(Fahrenkrog, Aaron)
July 25, 2019 Filing 55 NOTICE OF LODGING filed re NOTICE OF MOTION AND MOTION to Dismiss Case #47 (Attachments: #1 Exhibit A)(Yang, Lance)
July 19, 2019 Opinion or Order Filing 54 ORDER GRANTING STIPULATION AND JOINT MOTION REGARDING USE OF ELECTRONIC EQUIPMENT AT THE JULY 29, 2019HEARING by Judge Philip S. Gutierrez, re Stipulation #53 : NOTE: CHANGES MADE BY THE COURT. Pursuant to the stipulation of the parties and for good cause shown, the Court permits the use of electronic equipment in the courtroom for the July 29,2019 hearing. Pursuant to the stipulations of the parties and for good cause shown, the Court permits the use of electronic equipment in the courtroom for the July 29, 2019 hearing. The Court ORDERS that any demonstrative a party intends to use at the hearing, for instance, PowerPoint slides, must be served on opposing counsel and lodged with the Court by noon on July 25, 2019. Demonstratives that are not exchanged and lodged by that date and time may not be used at the hearing. The parties are further advised that they should anticipate significant limits on the amount of time that they will be permitted to present oral argument at the hearing. (bm)
July 18, 2019 Filing 53 STIPULATION AND JOINT MOTION REGARDING USE OF ELECTRONIC EQUIPMENT re NOTICE OF MOTION AND MOTION to Dismiss Case #47 filed by Defendant Hulu, LLC. (Attachments: #1 Proposed Order)(Yang, Lance)
July 15, 2019 Filing 52 REPLY IN SUPPORT OF NOTICE OF MOTION AND MOTION to Dismiss Case #47 filed by Defendant Hulu, LLC. (Yang, Lance)
July 8, 2019 Filing 51 DECLARATION of Aaron R. Fahrenkrog in opposition to NOTICE OF MOTION AND MOTION to Dismiss Case #47 filed by Plaintiff DivX, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Fahrenkrog, Aaron)
July 8, 2019 Filing 50 OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss Case #47 filed by Plaintiff DivX, LLC. (Fahrenkrog, Aaron)
June 12, 2019 Filing 49 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: MOTION to Dismiss Case #47 by Judge Philip S. Gutierrez. The document is accepted as filed. (wm)
May 31, 2019 Filing 48 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: NOTICE OF MOTION AND MOTION to Dismiss Case #47 . The following error(s) was/were found: Local Rule 11-6 Memorandum/brief exceeds 25 pages. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (lom)
May 30, 2019 Filing 47 NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendant Hulu, LLC. Motion set for hearing on 7/29/2019 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: #1 Proposed Order) (Yang, Lance)
May 30, 2019 Filing 46 CORPORATE DISCLOSURE STATEMENT filed by Defendant Hulu, LLC (Yang, Lance)
May 23, 2019 Filing 45 NOTICE of Related Case(s) filed by Defendant Hulu, LLC. Related Case(s): DivX, LLC v. Netflix, Inc., No. 2:19-cv-01602-MWF-JC (Yang, Lance)
May 17, 2019 Opinion or Order Filing 44 ORDER EXTENDING TIME TO RESPOND TO INITIAL COMPLAINT AND PAGE LIMIT granting Stipulation #41 by Judge Philip S. Gutierrez: NOTE: CHANGES MADE BY COURT. Pursuant to the stipulation of the parties (Dkt. no. 41) and for good cause shown, the Court orders as follows: Defendant Hulu, LLC's time to respond to the Complaint is extended to and including May 30, 2019; any memorandum of points and authorities for a Rule 12(b)(6) motion shall not exceed 30 pages in length, excluding indices and exhibits; any opposition to any Rule 12(b)(6) motion shall not exceed 30 pages in length, excluding indices and exhibits. (bm)
May 15, 2019 Filing 43 Notice of Appearance or Withdrawal of Counsel: for attorney Valerie Anne Lozano counsel for Defendant Hulu, LLC. Adding Valerie A. Lozano as counsel of record for Hulu, LLC for the reason indicated in the G-123 Notice. Filed by Defendant Hulu, LLC. (Attorney Valerie Anne Lozano added to party Hulu, LLC(pty:dft))(Lozano, Valerie)
May 15, 2019 Filing 42 Notice of Appearance or Withdrawal of Counsel: for attorney Brian P Biddinger counsel for Defendant Hulu, LLC. Adding Brian P. Biddinger as counsel of record for Hulu, LLC for the reason indicated in the G-123 Notice. Filed by Defendant Hulu, LLC. (Attorney Brian P Biddinger added to party Hulu, LLC(pty:dft))(Biddinger, Brian)
May 14, 2019 Filing 41 Joint STIPULATION for Extension of Time to File Answer to May 30, 2019 filed by Defendant Hulu, LLC. (Attachments: #1 Proposed Order Proposed Order)(Yang, Lance)
May 13, 2019 Filing 40 Notice of Appearance or Withdrawal of Counsel: for attorney Andrew M Holmes counsel for Defendant Hulu, LLC. Adding Andrew M. Holmes as counsel of record for Hulu, LLC for the reason indicated in the G-123 Notice. Filed by Defendant Hulu, LLC. (Attorney Andrew M Holmes added to party Hulu, LLC(pty:dft))(Holmes, Andrew)
May 13, 2019 Filing 39 Notice of Appearance or Withdrawal of Counsel: for attorney Lance Yang counsel for Defendant Hulu, LLC. Adding Lance L. Yang as counsel of record for Hulu, LLC for the reason indicated in the G-123 Notice. Filed by Defendant Hulu, LLC. (Attorney Lance Yang added to party Hulu, LLC(pty:dft))(Yang, Lance)
May 13, 2019 Filing 38 Notice of Appearance or Withdrawal of Counsel: for attorney David A Perlson counsel for Defendant Hulu, LLC. Adding David A. Perlson as counsel of record for Hulu, LLC for the reason indicated in the G-123 Notice. Filed by Defendant Hulu, LLC. (Attorney David A Perlson added to party Hulu, LLC(pty:dft))(Perlson, David)
April 3, 2019 Opinion or Order Filing 37 ORDER EXTENDING TIME TO RESPOND TO INITIAL COMPLAINT BY MORE THAN 30 DAYS #36 by Judge Philip S. Gutierrez: Pursuant to the stipulation of the parties and for good cause shown, the time for Defendant Hulu, LLC to respond to the complaint is continued to May 16, 2019. (bm)
March 29, 2019 Filing 36 Joint STIPULATION for Extension of Time to File Answer to 05/16/19 re Complaint (Attorney Civil Case Opening), #1 filed by plaintiff DivX, LLC. (Attachments: #1 Proposed Order)(Allender, Daniel)
March 26, 2019 Filing 35 NOTICE of Appearance filed by attorney Erin Greenfield Mehta on behalf of Defendant Hulu, LLC (Attorney Erin Greenfield Mehta added to party Hulu, LLC(pty:dft))(Mehta, Erin)
March 19, 2019 Opinion or Order Filing 34 ORDER by Judge Philip S. Gutierrez: granting #19 Non-Resident Attorney Emily J Tremblay APPLICATION to Appear Pro Hac Vice on behalf of Plaintiff DIVX, LLC, designating Daniel L Allender as local counsel. (bm)
March 19, 2019 Opinion or Order Filing 33 ORDER by Judge Philip S. Gutierrez: granting #18 Non-Resident Attorney William E Manske APPLICATION to Appear Pro Hac Vice on behalf of Plaintiff DIVX, LLC, designating Daniel L Allender as local counsel. (bm)
March 19, 2019 Opinion or Order Filing 32 ORDER by Judge Philip S. Gutierrez: granting #17 Non-Resident Attorney Shui Li APPLICATION to Appear Pro Hac Vice on behalf of Plaintiff DIVX, LLC, designating Daniel L Allender as local counsel. (bm)
March 19, 2019 Opinion or Order Filing 31 ORDER by Judge Philip S. Gutierrez: granting #16 Non-Resident Attorney Aaron R Fahrenkrog APPLICATION to Appear Pro Hac Vice on behalf of Plaintiff DIVX, LLC, designating Daniel L Allender as local counsel. (bm)
March 19, 2019 Opinion or Order Filing 30 ORDER by Judge Philip S. Gutierrez: granting #15 Non-Resident Attorney Bryan J Alexander APPLICATION to Appear Pro Hac Vice on behalf of Plaintiff DIVX, LLC, designating Daniel L Allender as local counsel. (bm)
March 19, 2019 Opinion or Order Filing 29 ORDER by Judge Philip S. Gutierrez: granting #14 Non-Resident Attorney Rajin S Olson APPLICATION to Appear Pro Hac Vice on behalf of Plaintiff DIVX, LLC, designating Daniel L Allender as local counsel. (bm)
March 19, 2019 Opinion or Order Filing 28 ORDER by Judge Philip S. Gutierrez: granting #13 Non-Resident Attorney Mary Pheng APPLICATION to Appear Pro Hac Vice on behalf of Plaintiff DIVX, LLC, designating Daniel L Allender as local counsel. (bm)
March 19, 2019 Opinion or Order Filing 27 ORDER by Judge Philip S. Gutierrez: granting #12 Non-Resident Attorney Christopher A Seidl APPLICATION to Appear Pro Hac Vice on behalf of Plaintiff DIVX, LLC, designating Daniel L Allender as local counsel. (bm)
March 19, 2019 Opinion or Order Filing 26 STANDING ORDER REGARDING NEWLY ASSIGNED CASES by Judge Philip S. Gutierrez. (ji)
March 18, 2019 Opinion or Order Filing 25 ORDER TO TRANSFER CASE TO THE PATENT PILOT PROGRAM by Judge John F. Walter. Case transferred from Judge John F. Walter to Judge Philip S. Gutierrez for all further proceedings. Case number now reads 2:19-cv-01606 PSG(JPRx). (rn)
March 15, 2019 Filing 24 PROOF OF SERVICE filed by Plaintiff DivX, LLC, re Notice of Assignment to United States Judges(CV-18) - optional html form #6 , Report on Filing of Patent/Trademark Action (Initial Notification)(AO 120) #5 , Certificate/Notice of Interested Parties #4 , Notice to Parties of Court-Directed ADR Program (ADR-8) - optional html form #7 served on 03/12/2019. (Allender, Daniel)
March 15, 2019 Filing 23 PROOF OF SERVICE Executed by Plaintiff DivX, LLC, upon Defendant Hulu, LLC served on 3/11/2019, answer due 4/1/2019. Service of the Summons and Complaint were executed upon Becky Degeorge of Corporation Service Company, Authorized Agent for Service of Process in compliance with California Code of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity.Original Summons NOT returned. (Allender, Daniel)
March 15, 2019 Opinion or Order Filing 22 ORDER RETURNING CASE FOR REASSIGNMENT by Judge Christina A. Snyder. ORDER case returned to the Clerk for random reassignment pursuant to General Order 19-03. Case randomly reassigned from Judge Christina A. Snyder to Judge John F. Walter for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:19-cv-01606 JFW(JPRx). (rn)
March 8, 2019 Filing 21 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), #1 as to defendant Hulu, LLC. (lc)
March 7, 2019 Filing 20 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by plaintiff DivX, LLC. (Allender, Daniel)
March 7, 2019 Filing 19 APPLICATION of Non-Resident Attorney Emily J. Tremblay to Appear Pro Hac Vice on behalf of Plaintiff DivX, LLC (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-23339073) filed by Plaintiff DivX, LLC. (Attachments: #1 Proposed Order) (Allender, Daniel)
March 7, 2019 Filing 18 APPLICATION of Non-Resident Attorney William E. Manske to Appear Pro Hac Vice on behalf of Plaintiff DivX, LLC (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-23338908) filed by Plaintiff DivX, LLC. (Attachments: #1 Proposed Order) (Allender, Daniel)
March 7, 2019 Filing 17 APPLICATION of Non-Resident Attorney Shui Li to Appear Pro Hac Vice on behalf of Plaintiff DivX, LLC (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-23338813) filed by Plaintiff DivX, LLC. (Attachments: #1 Proposed Order) (Allender, Daniel)
March 7, 2019 Filing 16 APPLICATION of Non-Resident Attorney Aaron R. Fahrenkrog to Appear Pro Hac Vice on behalf of Plaintiff DivX, LLC (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-23338639) filed by Plaintiff DivX, LLC. (Attachments: #1 Proposed Order) (Allender, Daniel)
March 7, 2019 Filing 15 APPLICATION of Non-Resident Attorney Bryan J. Mechell to Appear Pro Hac Vice on behalf of Plaintiff DivX, LLC (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-23338414) filed by Plaintiff DivX, LLC. (Attachments: #1 Proposed Order) (Allender, Daniel)
March 7, 2019 Filing 14 APPLICATION of Non-Resident Attorney Rajin S. Olson to Appear Pro Hac Vice on behalf of Plaintiff DivX, LLC (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-23338321) filed by Plaintiff DivX, LLC. (Attachments: #1 Proposed Order) (Allender, Daniel)
March 7, 2019 Filing 13 APPLICATION of Non-Resident Attorney Mary Pheng to Appear Pro Hac Vice on behalf of Plaintiff DivX, LLC (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-23338115) filed by Plaintiff DivX, LLC. (Attachments: #1 Proposed Order) (Allender, Daniel)
March 7, 2019 Filing 12 APPLICATION of Non-Resident Attorney Christopher A. Seidl to Appear Pro Hac Vice on behalf of Plaintiff DivX, LLC (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-23337851) filed by Plaintiff DivX, LLC. (Attachments: #1 Proposed Order) (Allender, Daniel)
March 6, 2019 Filing 11 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Christopher A Seidl. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (car)
March 6, 2019 Filing 10 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Bryan J Mechell. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (car)
March 6, 2019 Filing 9 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Aaron R Fahrenkrog. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (car)
March 6, 2019 Filing 8 NOTICE OF DEFICIENCIES in Request to Issue Summons RE: Summons Request #3 . The following error(s) was found: The caption of the summons must match the caption of the complaint verbatim. If the caption is too large to fit in the space provided, enter the name of the first party and then write see attached.Next, attach a face page of the complaint or a second page addendum to the Summons. The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (car)
March 6, 2019 Filing 7 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (car)
March 6, 2019 Filing 6 NOTICE OF ASSIGNMENT to District Judge Christina A. Snyder and Magistrate Judge Jean P. Rosenbluth. (car)
March 5, 2019 Filing 5 REPORT ON THE FILING OF AN ACTION Regarding a Patent or a Trademark (Initial Notification) filed by DIVX, LLC. (Silberfeld, Roman)
March 5, 2019 Filing 4 Certificate and NOTICE of Interested Parties filed by Plaintiff DIVX, LLC, identifying DivX CF Investors LLC. (Silberfeld, Roman)
March 5, 2019 Filing 3 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by Plaintiff DIVX, LLC. (Silberfeld, Roman)
March 5, 2019 Filing 2 CIVIL COVER SHEET filed by Plaintiff DIVX, LLC. (Silberfeld, Roman)
March 5, 2019 Filing 1 COMPLAINT Receipt No: 0973-23320202 - Fee: $400, filed by Plaintiff DIVX, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7) (Attorney Roman M Silberfeld added to party DIVX, LLC(pty:pla))(Silberfeld, Roman)

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Search for this case: DivX, LLC v. Hulu, LLC
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Defendant: Hulu, LLC
Represented By: Erin Greenfield Mehta
Represented By: Brian P Biddinger
Represented By: Aaron Shawn Thompson
Represented By: David A Perlson
Represented By: James M Dowd
Represented By: Jason H Liss
Represented By: Lance L Yang
Represented By: Andrew M Holmes
Represented By: Jason Francis Choy
Represented By: Valerie Anne Lozano
Represented By: Samantha K Picans
Represented By: Keith T Howell
Represented By: Mary V Sooter
Represented By: Joseph Taylor Gooch
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Plaintiff: DIVX, LLC
Represented By: Roman M Silberfeld
Represented By: Aaron R Fahrenkrog
Represented By: Shui Li
Represented By: Rajin S Olson
Represented By: Daniel Lewis Allender
Represented By: Mary Pheng
Represented By: William E Manske
Represented By: Christopher A Seidl
Represented By: Bryan J Mechell
Represented By: Emily J Tremblay
Represented By: David M Stein
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