Blackbird Tech, LLC v. Espen Technology Inc.
| Blackbird Tech LLC and Blackbird Tech LLC doing business as Blackbird Technologies |
| Espen Technology Inc. |
| 2:2019cv07622 |
| September 3, 2019 |
| U.S. District Court for the Central District of California |
| Charles F Eick |
| Andrew J Guilford |
| Christina A Snyder |
| Patent |
| 35 U.S.C. § 271 |
| Plaintiff |
Docket Report
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Filing 57
ORDER GRANTING PLAINTIFF BLACKBIRD TECH LLC'S UNOPPOSED MOTION TO ADJOURN STATUS CONFERENCE #56 by Judge Andrew J. Guilford. IT IS HEREBY ORDERED that: The Status Conference is continued to November 18, 2019 at 9:00 a.m. (es)
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| Filing 56 NOTICE OF MOTION AND MOTION to Continue Status Conference from September 19, 2019 to November 18, 2019 or December 8, 2019 Re: Minutes of In Chambers Order/Directive - no proceeding held,, Set/Reset Hearing, #55 filed by Plaintiff Blackbird Tech LLC. (Attachments: #1 Proposed Order) (Attorney Shekhar Vyas added to party Blackbird Tech LLC(pty:pla)) (Vyas, Shekhar) |
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Filing 55
MINUTE ORDER (IN CHAMBERS) ORDER SETTING STATUS CONFERENCE by Judge Andrew J. Guilford: In light of the transfer of this action to the calendar of the Honorable Andrew J. Guilford, the Court, sets a Status Conference for Monday, September 30, 2019 at 9:00 a.m. in Courtroom 10D before District Judge Andrew J. Guilford. (es)
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Filing 54
ORDER TO TRANSFER CASE TO THE PATENT PILOT PROGRAM by Judge Dale S. Fischer. Case transferred from Judge Dale S. Fischer to Judge Andrew J. Guilford for all further proceedings. Case number now reads 2:19-cv-07622 AG (Ex). (esa)
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Filing 53
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 Dale S. Fischer for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:19-cv-7622 DSF (Ex). (esa)
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| Filing 52 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Sara E Bussiere. 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. (jtil) |
| Filing 51 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Stephen B Brauerman. 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. (jtil) |
| Filing 50 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Megan Ann McGovern. 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. (jtil) |
| Filing 49 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Wendy H Verlander. 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. (jtil) |
| Filing 48 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Richard C Weinblatt. 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. (jtil) |
| Filing 47 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Jeffrey Ahdoot. 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. (jtil) |
| Filing 46 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Stamatios Stamoulis. 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. (jtil) |
| Filing 45 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (jtil) |
| Filing 44 NOTICE OF ASSIGNMENT to District Judge Christina A. Snyder and Magistrate Judge Charles F. Eick. (jtil) |
| Filing 43 NOTICE OF RECEIPT OF CASE TRANSFERRED IN: Formerly Case Number: 1:16-cv-00973, from USDC Delaware. The above-referenced case has been transferred to this district and assigned the above civil case number 2:19-cv-07622 CAS (Ex). (jtil) |
| Filing 42 ORIGINAL file, certified copy of transfer order and docket sheet received from Delaware |
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Filing 41
SO ORDERED Granting #40 Stipulation Regarding Motion to Transfer the Case to the U.S. District Court for the Central District of California. Signed by Judge Richard G. Andrews on 9/3/2019. (nms) [Transferred from Delaware on 9/4/2019.]
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| Filing 40 STIPULATION Regarding Motion to Transfer the Case to the U.S. District Court for the Central District of California by Espen Technology Inc.. (Brauerman, Stephen) [Transferred from Delaware on 9/4/2019.] |
| Case transferred to the United States District Court for the Central District of California. (nms) [Transferred from Delaware on 9/4/2019.] |
| Filing 39 DECLARATION of Kanghong "Richard" Zhang re #37 MOTION to Transfer Case to USDC for the Central District of California, by Espen Technology Inc.. (Brauerman, Stephen) Modified on 8/23/2019 (nms). [Transferred from Delaware on 9/4/2019.] |
| Filing 38 OPENING BRIEF in Support re #37 MOTION to Transfer Based on Improper Venue , filed by Espen Technology Inc..Answering Brief/Response due date per Local Rules is 9/6/2019. (Brauerman, Stephen) Modified on 8/23/2019 (nms). [Transferred from Delaware on 9/4/2019.] |
| Filing 37 MOTION to Transfer Based on Improper Venue - filed by Espen Technology Inc.. (Attachments: #1 Proposed Order)(Brauerman, Stephen) (Attachment 1 replaced on 8/23/2019) (nms). Modified on 8/26/2019 (nms). [Transferred from Delaware on 9/4/2019.] |
| CORRECTING ENTRY: The pdf for the proposed order found at D.I. #37 has been replaced per counsel's request. A pdf of the brief was initially uploaded in error. (nms) [Transferred from Delaware on 9/4/2019.] |
| Filing 36 NOTICE OF SERVICE of Disclosure of Terms Proposed for Construction filed by Blackbird Tech, LLC.(Stamoulis, Stamatios) [Transferred from Delaware on 9/4/2019.] |
| Filing 35 NOTICE OF SERVICE of Defendant Espen Technology, Inc.'s List of Terms/Phrases Proposed for Construction filed by Espen Technology Inc..(Brauerman, Stephen) [Transferred from Delaware on 9/4/2019.] |
| Filing 34 NOTICE OF SERVICE of Defendant Espen Technology's Invalidity Contentions filed by Espen Technology Inc..(Brauerman, Stephen) [Transferred from Delaware on 9/4/2019.] |
| Filing 33 NOTICE of Withdrawal of Counsel Clifford Chad Henson by Blackbird Tech, LLC (Stamoulis, Stamatios) [Transferred from Delaware on 9/4/2019.] |
| Filing 32 NOTICE OF SERVICE of Preliminary Infringement Contentions filed by Blackbird Tech, LLC.(Stamoulis, Stamatios) [Transferred from Delaware on 9/4/2019.] |
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SO ORDERED, re (32 in 16-cv-969-RGA, 31 in 16-cv-973-RGA) STIPULATION TO EXTEND TIME for preliminary disclosures to June 12, 2019 and July 10, 2019. Signed by Judge Richard G. Andrews on 5/30/2019. Associated Cases: 1:16-cv-00969-RGA, 1:16-cv-00973-RGA(nms) [Transferred from Delaware on 9/4/2019.]
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| Filing 31 STIPULATION TO EXTEND TIME for preliminary disclosures to June 12, 2019 and July 10, 2019 - filed by Blackbird Tech, LLC. (Stamoulis, Stamatios) [Transferred from Delaware on 9/4/2019.] |
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Filing 30
SO ORDERED Granting #29 Proposed Protective Order. Signed by Judge Richard G. Andrews on 5/16/2019. (nms) [Transferred from Delaware on 9/4/2019.]
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| Filing 29 PROPOSED Protective Order, by Blackbird Tech, LLC. (Stamoulis, Stamatios) Modified on 5/16/2019 (nms). [Transferred from Delaware on 9/4/2019.] |
| CORRECTING ENTRY: The notice filed at D.I. 29 has been removed from the docket as it was duplicative of the notice filed at D.I. #28 . (nms) [Transferred from Delaware on 9/4/2019.] |
| Filing 28 NOTICE OF SERVICE of Preliminary Identification of Accused Products & Asserted Claims and File History filed by Blackbird Tech, LLC.(Stamoulis, Stamatios) [Transferred from Delaware on 9/4/2019.] |
| Filing 27 NOTICE OF SERVICE of Rule 26(a)(1) Initial Disclosures filed by Blackbird Tech, LLC.(Stamoulis, Stamatios) [Transferred from Delaware on 9/4/2019.] |
| Filing 26 NOTICE OF SERVICE of Espen Technology, Inc.'s Initial Disclosures Pursuant to Rule 26 of the Federal Rules of Civil Procedure filed by Espen Technology Inc..(Bussiere, Sara) [Transferred from Delaware on 9/4/2019.] |
| CASE REFERRED to Chief Magistrate Judge Mary Pat Thynge for Mediation. Please see Standing Order dated January 20, 2016, regarding disclosure of confidential ADR communications. A link to the standing order is provided here for your convenience at # http://www.ded.uscourts.gov/general-orders/magistrate-judges-standing-order-adr-mediation Associated Cases: 1:16-cv-00969-RGA, 1:16-cv-00970-RGA, 1:16-cv-00973-RGA(cak) [Transferred from Delaware on 9/4/2019.] |
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Filing 25
SCHEDULING ORDER: Case referred to the Magistrate Judge for the purpose of exploring ADR. Joinder of Parties due by 7/24/2019. Amended Pleadings due by 7/24/2019. Fact Discovery completed by 4/15/2020. Dispositive Motions due by 11/25/2020. Joint Claim Construction Brief due by 12/4/2019. A Markman Hearing is set for 1/7/2020, at 9:00 AM in Courtroom 6A. A Pretrial Conference is set for 3/26/2021, at 9:00 AM in Courtroom 6A. A 5 day Jury Trial is set to start 4/5/2021, at 9:30 AM in Courtroom 6A (see Order for further details). Signed by Judge Richard G. Andrews on 3/6/2019. Associated Cases: 1:16-cv-00969-RGA, 1:16-cv-00970-RGA, 1:16-cv-00973-RGA(nms) [Transferred from Delaware on 9/4/2019.]
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| Filing 24 NOTICE of Appearance by Megan Ann McGovern on behalf of Espen Technology Inc. (McGovern, Megan) [Transferred from Delaware on 9/4/2019.] |
| Minute Entry for proceedings held before Judge Richard G. Andrews - Scheduling Conference held on 3/6/2019. Local counsel present for Plaintiff: S. Stamoulis. Local counsel present for Defendants: M. Casarino, K. Grivner, M. McGovern. (Court Reporter Heather Triozzi.) Associated Cases: 1:16-cv-00969-RGA, 1:16-cv-00970-RGA, 1:16-cv-00973-RGA(crb) [Transferred from Delaware on 9/4/2019.] |
| Filing 23 PROPOSED Scheduling Order, Blackbird Tech, LLC. (Attachments: #1 Exhibit A)(Stamoulis, Stamatios) Modified on 3/4/2019 (nms). [Transferred from Delaware on 9/4/2019.] |
| Pro Hac Vice Attorney Clifford Chad Henson for Blackbird Tech, LLC added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. Associated Cases: 1:16-cv-00973-RGA, 1:16-cv-00969-RGA, 1:16-cv-00970-RGA(ceg) [Transferred from Delaware on 9/4/2019.] |
| Pro Hac Vice Attorney Jeffrey D. Ahdoot for Blackbird Tech, LLC added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (lak) [Transferred from Delaware on 9/4/2019.] |
| Filing 22 Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Espen Technology Inc.. (Brauerman, Stephen) [Transferred from Delaware on 9/4/2019.] |
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Filing 21
Order Setting Rule 16(b) Conference: A Scheduling Conference is set for 3/6/2019, at 3:00 PM in Chambers before Judge Richard G. Andrews (see Order for further details). Signed by Judge Richard G. Andrews on 2/6/2019. (nms) [Transferred from Delaware on 9/4/2019.]
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Filing 20
ORAL ORDER: The request to lift the stay and reopen the case (D.I. #19 ) is GRANTED. A Rule 16(b) Conference will be set for 3/6/2019, at 3:00 PM (*paper order to follow). Ordered by Judge Richard G. Andrews on 2/6/2019. (nms) [Transferred from Delaware on 9/4/2019.]
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| Filing 19 STATUS Letter Requesting Rule 16 Conference, by Blackbird Tech, LLC. (Stamoulis, Stamatios) Modified on 2/5/2019 (nms). [Transferred from Delaware on 9/4/2019.] |
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SO ORDERED, re (18 in 16-cv-973-RGA, 20 in 16-cv-970-RGA, 16 in 16-cv-969-RGA) MOTION for Pro Hac Vice Appearance of Attorney Clifford Chad Henson and Jeffrey Ahdoot, filed by Blackbird Tech, LLC. Signed by Judge Richard G. Andrews on 2/1/2019. Associated Cases: 1:16-cv-00969-RGA, 1:16-cv-00970-RGA, 1:16-cv-00973-RGA(nms) [Transferred from Delaware on 9/4/2019.]
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| Filing 18 MOTION for Pro Hac Vice Appearance of Attorney Clifford Chad Henson and Jeffrey Ahdoot - filed by Blackbird Tech, LLC. (Stamoulis, Stamatios) [Transferred from Delaware on 9/4/2019.] |
| Filing 17 NOTICE of withdrawal of Counsel by Blackbird Tech, LLC (Stamoulis, Stamatios) [Transferred from Delaware on 9/4/2019.] |
| Pro Hac Vice Attorney Lester J. Savit for Espen Technology Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (lmm) [Transferred from Delaware on 9/4/2019.] |
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SO ORDERED, re #15 MOTION for Pro Hac Vice Appearance of Attorney Lester Savit, filed by Espen Technology Inc.. Signed by Judge Richard G. Andrews on 3/15/2018. (nms) [Transferred from Delaware on 9/4/2019.]
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| Filing 16 NOTICE of Withdrawal of Counsel by Espen Technology Inc. (Brauerman, Stephen) [Transferred from Delaware on 9/4/2019.] |
| Filing 15 MOTION for Pro Hac Vice Appearance of Attorney Lester Savit - filed by Espen Technology Inc.. (Attachments: #1 Certification of Lester Savit)(Brauerman, Stephen) [Transferred from Delaware on 9/4/2019.] |
| Filing 14 NOTICE of of Withdrawal of Counsel by Blackbird Tech LLC, Blackbird Tech, LLC (Stamoulis, Stamatios) [Transferred from Delaware on 9/4/2019.] |
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Filing 13
SO ORDERED Granting #12 STIPULATION of Stay Pending Appeal. Case is administratively closed. Signed by Judge Richard G. Andrews on 2/24/2017. (nms) [Transferred from Delaware on 9/4/2019.]
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| Filing 12 STIPULATION of Stay Pending Appeal - filed by Blackbird Tech, LLC. (Attachments: #1 Exhibit A)(Stamoulis, Stamatios) Modified on 2/24/2017 (nms). [Transferred from Delaware on 9/4/2019.] |
| Filing 11 ANSWER to #10 Answer to Complaint, Counterclaim by Blackbird Tech, LLC.(Stamoulis, Stamatios) [Transferred from Delaware on 9/4/2019.] |
| Pro Hac Vice Attorney Paul Y. Feng for Espen Technology Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (lmm) [Transferred from Delaware on 9/4/2019.] |
| Pro Hac Vice Attorney Stephen M. Lobbin for Espen Technology Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (ceg) [Transferred from Delaware on 9/4/2019.] |
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SO ORDERED, re #9 MOTION for Pro Hac Vice Appearance of Attorney Paul Y. Feng and Stephen Lobbin, filed by Espen Technology Inc.. Signed by Judge Richard G. Andrews on 12/28/2016. (nms) [Transferred from Delaware on 9/4/2019.]
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| Filing 10 ANSWER to #1 Complaint, with Jury Demand , COUNTERCLAIM against Blackbird Tech, LLC by Espen Technology Inc..(Bussiere, Sara) [Transferred from Delaware on 9/4/2019.] |
| Filing 9 MOTION for Pro Hac Vice Appearance of Attorney Paul Y. Feng and Stephen Lobbin - filed by Espen Technology Inc.. (Attachments: #1 Certification of Paul Y. Feng, #2 Certification of Stephen Lobbin)(Brauerman, Stephen) [Transferred from Delaware on 9/4/2019.] |
| Filing 8 NOTICE of Appearance by Sara E. Bussiere on behalf of Espen Technology Inc. (Bussiere, Sara) [Transferred from Delaware on 9/4/2019.] |
| Filing 7 NOTICE of Appearance by Stephen B. Brauerman on behalf of Espen Technology Inc. (Brauerman, Stephen) [Transferred from Delaware on 9/4/2019.] |
| Pro Hac Vice Attorney Wendy H. Verlander,Christopher R. Freeman,Sean K. Thompson for Blackbird Tech, LLC added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (lmm) [Transferred from Delaware on 9/4/2019.] |
| Filing 6 MOTION for Pro Hac Vice Appearance of Attorney Wendy Verlander, Christopher Freeman, and Sean Thompson - filed by Blackbird Tech, LLC. (Stamoulis, Stamatios) [Transferred from Delaware on 9/4/2019.] |
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SO ORDERED, re (7 in 16-cv-972-RGA, 8 in 16-cv-965-RGA, 7 in 16-cv-966-RGA, 12 in 16-cv-970-RGA, 5 in 16-cv-1044-RGA, 7 in 16-cv-967-RGA, 6 in 16-cv-973-RGA, 7 in 16-cv-971-RGA, 7 in 16-cv-968-RGA, 9 in 16-cv-969-RGA) MOTION for Pro Hac Vice Appearance of Attorney Wendy Verlander, Christopher Freeman, and Sean Thompson, filed by Blackbird Tech, LLC. Signed by Judge Richard G. Andrews on 11/17/2016. Associated Cases: 1:16-cv-00965-RGA et al.(nms) [Transferred from Delaware on 9/4/2019.]
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| Filing 5 WAIVER OF SERVICE returned executed by Blackbird Tech, LLC: For Espen Technology Inc. waiver sent on 10/24/2016, answer due 12/23/2016. (Stamoulis, Stamatios) [Transferred from Delaware on 9/4/2019.] |
| Case Assigned to Judge Richard G. Andrews. Please include the initials of the Judge (RGA) after the case number on all documents filed. Associated Cases: 1:16-cv-00965-RGA through 1:16-cv-00973-RGA (rjb) [Transferred from Delaware on 9/4/2019.] |
| Filing 4 Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Blackbird Tech, LLC. (jcs) [Transferred from Delaware on 9/4/2019.] |
| Filing 3 Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) US 7,086,747 B2. (jcs) [Transferred from Delaware on 9/4/2019.] |
| Filing 2 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (jcs) [Transferred from Delaware on 9/4/2019.] |
| Filing 1 COMPLAINT for PATENT INFRINGEMENT filed with Jury Demand against Espen Technology Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number 0311-2016256.) - filed by Blackbird Tech, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Civil Cover Sheet)(jcs) [Transferred from Delaware on 9/4/2019.] |
| Summons Issued with Magistrate Consent Notice attached as to Espen Technology Inc. on 10/20/2016. Requesting party or attorney should pick up issued summons at the Help Desk, Room 4209, or call 302-573-6170 and ask the Clerk to mail the summons to them. (jcs) [Transferred from Delaware on 9/4/2019.] |
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