Diem LLC v. BigCommerce, Inc.
Plaintiff: Diem LLC
Defendant: BigCommerce, Inc.
Interested Party: William Joseph Cornelius
Case Number: 3:2018cv05978
Filed: September 28, 2018
Court: US District Court for the Northern District of California
Presiding Judge: Susan Illston
Referring Judge: Elizabeth D Laporte
Nature of Suit: Patent
Cause of Action: 15 U.S.C. § 1126
Jury Demanded By: Both
RSS RSS Track this Docket
Docket Report

This docket was last retrieved on March 5, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 10, 2018 Filing 119 Letter from BigCommerce, Inc. Requesting Telephonic Status Conference . (Agarwal, Amit) (Filed on 11/10/2018)
November 6, 2018 Filing 118 Minute Entry for proceedings held before Judge Susan Illston: Initial Case Management Conference held on 11/2/2018. Motion Hearing set for 1/11/2019 10:00 AM in San Francisco, Courtroom 01, 17th Floor before Judge Susan Illston. The parties will brief the remaining issue regarding the prior settlement agreement. The Court directed Mr. Rismiller to join the Bar for this district before he files any documents. Total Time in Court: 4 minutes. Court Reporter: n/a. (tfS, COURT STAFF) (Date Filed: 11/6/2018)
November 1, 2018 Filing 117 Confirmation and Response to #115 BigCommerce's Statement filed by Diem LLC. (Rismiller, Brett) (Filed on 11/1/2018) Modified on 11/2/2018 (mclS, COURT STAFF).
November 1, 2018 Filing 116 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Rismiller, Brett) (Filed on 11/1/2018)
October 26, 2018 Filing 115 CASE MANAGEMENT STATEMENT (UNILATERAL) filed by BigCommerce, Inc.. (Attachments: #1 Declaration Declaration of Amit Agarwal, #2 Exhibit Email Reminder #1, #3 Exhibit Email Reminder #2, #4 Exhibit Email Reminder #3, #5 Exhibit Email Reminder #4, #6 Exhibit Diem LLC President, #7 Exhibit Diem LLC Counsel, #8 Exhibit Executed Settlement Agreement, #9 Exhibit No Show at Previous Case Mgt Conference)(Agarwal, Amit) (Filed on 10/26/2018)
October 15, 2018 Filing 114 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Agarwal, Amit) (Filed on 10/15/2018)
October 15, 2018 Filing 113 ADR Clerks Notice re: Non-Compliance with Court Order. The parties have failed to file an ADR Certification as required by the Initial Case Management Scheduling Order. Counsel shall comply promptly with the requirements of ADR L.R. 3-5(b) and shall file the ADR Certification. (This is a text-only entry generated by the court. There is no document associated with this entry.)(cmf, COURT STAFF) (Filed on 10/15/2018)
October 4, 2018 Filing 112 CLERK'S NOTICE Initial Case Management Conference set for 11/2/2018 02:30 PM in San Francisco, Courtroom 01, 17th Floor. (Attachments: #1 Standing Order) (tfS, COURT STAFF) (Filed on 10/4/2018)
October 4, 2018 Opinion or Order Filing 111 ORDER REASSIGNING CASE. Case reassigned to Judge Susan Illston for all further proceedings. Magistrate Judge Elizabeth D. Laporte no longer assigned to the case. This case is assigned to a judge who participates in the Cameras in the Courtroom Pilot Project. See General Order 65 and http://cand.uscourts.gov/cameras. Signed by Executive Committee on 10/4/18. (Attachments: #1 Notice of Eligibility for Video Recording)(as, COURT STAFF) (Filed on 10/4/2018)
October 3, 2018 Filing 110 CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now reassign this case to a District Judge because a party has not consented to the jurisdiction of a Magistrate Judge. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (shyS, COURT STAFF) (Filed on 10/3/2018)
October 2, 2018 Filing 109 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by BigCommerce, Inc... (Agarwal, Amit) (Filed on 10/2/2018)
September 28, 2018 Filing 108 CLERK'S NOTICE : Informing all Parties that this case is now with the United States District Court for the Northern District of California. Re #106 Order of Transfer (aaaS, COURT STAFF) (Filed on 9/28/2018)
September 28, 2018 Opinion or Order Filing 107 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 9/21/2018. Initial Case Management Conference set for 9/28/2018 01:25 PM. Signed by Magistrate Judge Elizabeth D. Laporte on 9/28/18. (aaaS, COURT STAFF) (Filed on 9/28/2018)
September 28, 2018 Filing 106 Case transferred in from District of Texas Western; Case Number 1:18-cv-00515. Original file certified copy of transfer order and docket sheet received.
September 26, 2018 Filing 105 Report on Patent/Trademark sent to U.S. Patent and Trademark Office. (dm)
September 25, 2018 Opinion or Order Filing 104 ORDER GRANTING #93 Motion to Change Venue. Signed by Judge Lee Yeakel. (dm)
September 11, 2018 Opinion or Order Filing 103 ORDER GRANTING #102 Motion to Withdraw as Attorney. Signed by Judge Lee Yeakel. (dm)
August 31, 2018 Filing 102 Unopposed MOTION to Withdraw as Attorney Kirby Drake and Gary Sorden by Diem LLC. (Attachments: #1 Proposed Order)(Sorden, Gary)
August 27, 2018 Filing 101 REPLY to Response to Motion, filed by BigCommerce, Inc., re #93 MOTION to Change Venue Defendant's Motion to Transfer Venue to the United States District Court for the Northern District of California filed by Defendant BigCommerce, Inc. (Lamb, William)
August 23, 2018 Filing 99 Response in Opposition to Motion, filed by Diem LLC, re #93 MOTION to Change Venue Defendant's Motion to Transfer Venue to the United States District Court for the Northern District of California filed by Defendant BigCommerce, Inc. (dm)
August 20, 2018 Opinion or Order Filing 98 ORDER GRANTING #95 Motion to Appear Pro Hac Vice as to Brett Rismiller. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Lee Yeakel. (dm)
August 20, 2018 Opinion or Order Filing 97 ORDER GRANTING #94 Motion to Appear Pro Hac Vice as to Amit Agarwal. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Lee Yeakel. (dm)
August 20, 2018 Filing 96 Minute Entry for proceedings held before Judge Lee Yeakel: Status Conference held on 8/20/2018 (Minute entry documents are not available electronically.). (Court Reporter Arlinda Rodriguez.)(dm)
August 17, 2018 Filing 95 MOTION to Appear Pro Hac Vice for Brett Rismiller ( Filing fee $ 100 receipt number 100033800) by Diem LLC. (Attachments: #1 Receipt, #2 Proposed Order)(dl)
August 17, 2018 Filing 94 MOTION to Appear Pro Hac Vice for Amit Agarwal ( Filing fee $ 100 receipt number 100033799) by BigCommerce, Inc.. (Attachments: #1 Receipt)(dl)
August 16, 2018 Filing 93 MOTION to Change Venue Defendant's Motion to Transfer Venue to the United States District Court for the Northern District of California by BigCommerce, Inc.. (Attachments: #1 Proposed Order)(Lamb, William)
August 16, 2018 Opinion or Order Filing 92 ORDER GRANTING #91 Motion to Appear Pro Hac Vice as to William R. Lamb. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Lee Yeakel. (dm)
August 13, 2018 Filing 91 MOTION to Appear Pro Hac Vice ( Filing fee $ 100 receipt number 100033768) by BigCommerce, Inc. for William R. Lamb. (dm)
July 2, 2018 Filing 89 NOTICE of Attorney Appearance by Melissa Richards Smith on behalf of BigCommerce, Inc.. Attorney Melissa Richards Smith added to party BigCommerce, Inc.(pty:dft) (Smith, Melissa)
June 25, 2018 Opinion or Order Filing 88 ORDER setting Status Conference for 8/20/2018 09:30 AM before Judge Lee Yeakel. Signed by Judge Lee Yeakel. (td)
June 21, 2018 Filing 87 Letters sent to Amit Agarwal, Kirby Drake, Bobby Lamb, Ryan Marton, Brett Rismiller, and Gary Sorden re: Case opening and transfer. (cj)
June 21, 2018 Filing 86 Letters sent to Brett Rismiller for Diem LLC and Amit Agarwal, Bobby Lamb, and Ryan J. Marton for BigCommerce, Inc. re: non-admitted status. (cj)
June 21, 2018 Filing 85 Report on Patent sent to U.S. Patent and Trademark Office, along with a copy of the Amended Complaint. (cj)
June 21, 2018 Filing 84 Case electronically transferred in from Eastern District of Texas; Case Number 6:17-cv-00186.
June 21, 2018 DEMAND for Trial by Jury by BigCommerce, Inc., Diem LLC. (cj)
June 21, 2018 Case assigned to Judge Lee Yeakel. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (cj)
June 20, 2018 Interdistrict transfer to the Western District of Texas. (mjc, ) [Transferred from Texas Eastern on 6/21/2018.]
June 19, 2018 Opinion or Order Filing 83 ORDER transferring this case to the Western District of Texas re #75 Order from the U.S. Court of Appeals for the Federal Circuit. All pending motions are denied as moot. Signed by Magistrate Judge John D. Love on 6/19/2018. (mjc, ) [Transferred from Texas Eastern on 6/21/2018.]
June 18, 2018 Filing 82 SUR-REPLY to Reply to Response to Motion re 76 SEALED MOTION filed by BigCommerce, Inc.. (Lamb, William) [Transferred from Texas Eastern on 6/21/2018.]
June 15, 2018 Filing 81 RESPONSE in Opposition re #77 MOTION to Transfer Under 28 U.S.C. 1406(A) filed by Diem LLC. (Attachments: #1 Text of Proposed Order)(Rismiller, Brett) [Transferred from Texas Eastern on 6/21/2018.]
June 8, 2018 Filing 80 REPLY to Response to Motion re 76 SEALED MOTION filed by Diem LLC. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Rismiller, Brett) [Transferred from Texas Eastern on 6/21/2018.]
June 4, 2018 Filing 79 NOTICE by BigCommerce, Inc. re #77 MOTION to Transfer Under 28 U.S.C. 1406(A) Notice of Request for Oral Hearing (Lamb, William) [Transferred from Texas Eastern on 6/21/2018.]
June 1, 2018 Filing 78 RESPONSE in Opposition re 76 SEALED MOTION filed by BigCommerce, Inc.. (Attachments: #1 Text of Proposed Order)(Lamb, William) [Transferred from Texas Eastern on 6/21/2018.]
June 1, 2018 Filing 77 MOTION to Transfer Under 28 U.S.C. 1406(A) by BigCommerce, Inc.. (Attachments: #1 Text of Proposed Order)(Lamb, William) [Transferred from Texas Eastern on 6/21/2018.]
May 18, 2018 Filing 76 SEALED MOTION by Diem LLC. # 1 Sealed Motion, # 2 Exhibit 1, # 3 Exhibit Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Affidavit, # 10Text of Proposed Order)(Rismiller, Brett) (cj). Modified and added due to sealed documents not transferred over on 6/21/2018 (cj). [Transferred from Texas Eastern on 6/21/2018.]
May 15, 2018 Filing 75 USCA FOR THE FEDERAL CIRCUIT ORDER granting Petition for Writ of Mandamus re #53 Notice of Docketing Petition for Writ of Mandamus in re: BigCommerce, Inc. and Petition for Writ of Mandamus filed in 2:17cv160 in the Marshall Division. IT IS ORDERED THAT: The petitions are granted, the order denying the motion to dismiss in Diem's case and the order denying the motion to transfer in Express Mobile's case are vacated, and the cases are remanded for further proceedings consistent with this Order. Before Circuit Judges Reyna, Linn, and Hughes. Signed by Clerk of Court Peter R. Marksteiner for the Court on 5/15/2018. (mjc, ) [Transferred from Texas Eastern on 6/21/2018.]
May 3, 2018 Opinion or Order Filing 74 ORDER denying as moot #68 Motion for Summary Judgment. Signed by Magistrate Judge John D. Love on 5/3/2018. (gsg) [Transferred from Texas Eastern on 6/21/2018.]
March 20, 2018 Filing 73 SUR-REPLY to Reply to Response to Motion re #68 MOTION for Summary Judgment of Noninfringement filed by Diem LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(Rismiller, Brett) [Transferred from Texas Eastern on 6/21/2018.]
March 14, 2018 Filing 72 REPORT of Mediation by BigCommerce, Inc.. Mediation result: SUSPENDED(Cornelius, William) [Transferred from Texas Eastern on 6/21/2018.]
March 13, 2018 Filing 71 REPLY to Response to Motion re #68 MOTION for Summary Judgment of Noninfringement filed by BigCommerce, Inc.. (Attachments: #1 Exhibit Lamb Declaration, #2 Exhibit Ex. 4 to Lamb Declaration, #3 Exhibit Ex. 5 to Lamb Declaration, #4 Exhibit Argarwal Declaration)(Lamb, William) [Transferred from Texas Eastern on 6/21/2018.]
March 12, 2018 Opinion or Order Filing 70 ORDER adopting #66 Memorandum Opinion and Order of United States Magistrate Judge, which contains his construction of the disputed terms in the patents-in-suit. Signed by District Judge Rodney Gilstrap on 3/12/2018. (mjc, ) [Transferred from Texas Eastern on 6/21/2018.]
March 5, 2018 Filing 69 RESPONSE in Opposition re #68 MOTION for Summary Judgment of Noninfringement filed by Diem LLC. (Attachments: #1 Exhibit A, #2 Text of Proposed Order)(Rismiller, Brett) [Transferred from Texas Eastern on 6/21/2018.]
February 12, 2018 Filing 68 MOTION for Summary Judgment of Noninfringement by BigCommerce, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Text of Proposed Order)(Lamb, William) [Transferred from Texas Eastern on 6/21/2018.]
February 8, 2018 Opinion or Order Filing 67 ORDER to pay technical advisor Richard Egan $12,806.46 for services rendered and expenses incurred through 2/7/2018, with plaintiffs and defendants to each pay half. Signed by Magistrate Judge John D. Love on 2/8/2018. (mjc, ) [Transferred from Texas Eastern on 6/21/2018.]
February 7, 2018 Opinion or Order Filing 66 MEMORANDUM OPINION AND ORDER construing the disputed claim terms in U.S. Patent No. 7,770,122. Signed by Magistrate Judge John D. Love on 2/7/2018. (mjc, ) [Transferred from Texas Eastern on 6/21/2018.]
February 6, 2018 Filing 65 Minute Entry for proceedings held before Magistrate Judge John D. Love: Markman Hearing held on 2/6/2018. (Court Reporter Shea Sloan) (srb ) [Transferred from Texas Eastern on 6/21/2018.]
January 25, 2018 Filing 64 Joint Claim Construction Chart by Diem LLC. (Attachments: #1 Exhibit Joint Claim Construction Chart)(Rismiller, Brett) [Transferred from Texas Eastern on 6/21/2018.]
January 19, 2018 Opinion or Order Filing 63 ORDER granting-in-part #61 Opposed MOTION to Continue Markman Hearing By Two Days filed by BigCommerce, Inc. Markman Hearing reset for 2/6/2018 09:00 AM in Ctrm 207 (Tyler) before Magistrate Judge John D. Love. Signed by Magistrate Judge John D. Love on 1/19/18. (mjc, ) [Transferred from Texas Eastern on 6/21/2018.]
January 18, 2018 Filing 62 REPLY CLAIM CONSTRUCTION BRIEF filed by Diem LLC. (Attachments: #1 Exhibit Ex. A, #2 Exhibit Ex. B)(Rismiller, Brett) [Transferred from Texas Eastern on 6/21/2018.]
January 12, 2018 Filing 61 Opposed MOTION to Continue Markman Hearing By Two Days by BigCommerce, Inc.. (Attachments: #1 Exhibit A, #2 Text of Proposed Order)(Lamb, William) [Transferred from Texas Eastern on 6/21/2018.]
January 12, 2018 Filing 60 NOTICE by BigCommerce, Inc. re #59 Reply to Claim Construction Brief Notice of Errata Re: Dkt. 59 (Attachments: #1 Corrected Responsive Claim Construction Brief)(Lamb, William) [Transferred from Texas Eastern on 6/21/2018.]
January 11, 2018 Filing 59 BIGCOMMERCE'S RESPONSIVE CLAIM CONSTRUCTION BRIEF to #56 Diem's Opening Claim Construction Brief filed by BigCommerce, Inc.. (Lamb, Bobby) [Transferred from Texas Eastern on 6/21/2018.]
January 3, 2018 Opinion or Order Filing 58 ORDER APPOINTING TECHNICAL ADVISOR Rich Egan. The parties are ORDERED to send courtesy copies of all claim construction briefs, exhibits, and technology tutorials no later than two business days after the date of their filing. Signed by Magistrate Judge John D. Love on 1/3/18. (mjc, ) [Transferred from Texas Eastern on 6/21/2018.]
December 28, 2017 Opinion or Order Filing 57 MEMORANDUM OPINION AND ORDER denying #48 Opposed MOTION to Change Venue filed by BigCommerce, Inc. Signed by Magistrate Judge John D. Love on 12/28/17. (mjc, ) [Transferred from Texas Eastern on 6/21/2018.]
December 28, 2017 Filing 56 CLAIM CONSTRUCTION BRIEF filed by Diem LLC. (Attachments: #1 Exhibit, #2 Exhibit)(Rismiller, Brett) [Transferred from Texas Eastern on 6/21/2018.]
December 28, 2017 Filing 55 NOTICE by BigCommerce, Inc. Notice of Submission of Defendant's Technology Tutorial (Attachments: #1 Exhibit A - Defendant's Technology Tutorial)(Lamb, William) [Transferred from Texas Eastern on 6/21/2018.]
December 26, 2017 Opinion or Order Filing 54 ORDER from the U.S. Court of Appeals for the Federal Circuit re #53 Petition for Writ of Mandamus filed by BigCommerce, Inc. Diem LLC is directed to respond to the petition no later than 1/4/2018. Any reply must be filed no later than 1/8/2018. Entered for the Court by Clerk Peter R. Marksteiner on 12/26/17. (mjc, ) [Transferred from Texas Eastern on 6/21/2018.]
December 22, 2017 Filing 53 NOTICE by USCA - FEDERAL CIRCUIT that a petition for writ of mandamus has been filed by BigCommerce, Inc. Case Number 18-120. (tkd, ) [Transferred from Texas Eastern on 6/21/2018.]
December 11, 2017 Filing 52 NOTICE by BigCommerce, Inc. Notice of Completed Briefing Regarding BigCommerce, Inc's Motion to Transfer Venue (Lamb, William) [Transferred from Texas Eastern on 6/21/2018.]
November 28, 2017 Filing 51 REPLY to Response to Motion re #48 Opposed MOTION to Change Venue filed by BigCommerce, Inc.. (Lamb, William) [Transferred from Texas Eastern on 6/21/2018.]
November 21, 2017 Filing 50 RESPONSE in Opposition re #48 Opposed MOTION to Change Venue filed by Diem LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Text of Proposed Order)(Rismiller, Brett) [Transferred from Texas Eastern on 6/21/2018.]
November 16, 2017 Filing 49 Joint Claim Construction and Prehearing Statement by BigCommerce, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Lamb, William) [Transferred from Texas Eastern on 6/21/2018.]
November 7, 2017 Filing 48 Opposed MOTION to Change Venue by BigCommerce, Inc.. (Attachments: #1 Exhibit Declaration of Jeff Mengoli, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N, #16 Exhibit O, #17 Exhibit P, #18 Text of Proposed Order)(Lamb, William) [Transferred from Texas Eastern on 6/21/2018.]
October 27, 2017 Filing 47 NOTICE by BigCommerce, Inc. Notice of Compliance Regarding P.R. 4-2 (Lamb, William) [Transferred from Texas Eastern on 6/21/2018.]
October 6, 2017 Filing 46 NOTICE by BigCommerce, Inc. Notice of Compliance with P.R. 4-1 (Lamb, William) [Transferred from Texas Eastern on 6/21/2018.]
September 11, 2017 Filing 45 NOTICE of Discovery Disclosure by BigCommerce, Inc. Notice of Compliance with P.R. 3-3 and 3-4 (Lamb, William) [Transferred from Texas Eastern on 6/21/2018.]
September 6, 2017 Opinion or Order Filing 44 ORDER denying as moot #36 Notice of Compliance - Letter Brief filed by BigCommerce, Inc. Parties will follow the current DCO, including the claim construction briefing deadlines with the claim construction hearing set on 2-08-2018. Signed by Magistrate Judge John D. Love on 09/06/17. (mll, ) [Transferred from Texas Eastern on 6/21/2018.]
September 5, 2017 Opinion or Order Filing 43 ORDER granting #40 Motion for 4-Day Extension of Time to Serve Invalidity Contentions. Deadline is extended to 9/9/2017. Signed by Magistrate Judge John D. Love on 9/5/17. (mjc, ) [Transferred from Texas Eastern on 6/21/2018.]
September 4, 2017 Filing 42 NOTICE of Attorney Appearance by Ryan Jared Marton on behalf of BigCommerce, Inc. (Marton, Ryan) [Transferred from Texas Eastern on 6/21/2018.]
September 4, 2017 Filing 41 RESPONSE in Opposition re #40 Opposed MOTION FOR 4-DAY EXTENSION OF TIME TO SERVE INVALIDITY CONTENTIONS filed by Diem LLC. (Rismiller, Brett) (Additional attachment(s) added on 9/7/2017: #1 Text of Proposed Order) (mjc, ). [Transferred from Texas Eastern on 6/21/2018.]
September 1, 2017 Filing 40 Opposed MOTION FOR 4-DAY EXTENSION OF TIME TO SERVE INVALIDITY CONTENTIONS by BigCommerce, Inc.. (Attachments: #1 Text of Proposed Order)(Lamb, William) [Transferred from Texas Eastern on 6/21/2018.]
August 31, 2017 Filing 39 Letter Brief filed by BigCommerce, Inc. (Attachments: #1 Exhibit 1 - Letter Brief)(Lamb, William) [Transferred from Texas Eastern on 6/21/2018.]
August 30, 2017 Filing 38 Letter Brief filed by Diem LLC. (Attachments: #1 Exhibit Letter Brief)(Rismiller, Brett) [Transferred from Texas Eastern on 6/21/2018.]
August 16, 2017 Filing 36 Letter Brief filed by BigCommerce, Inc.. (Attachments: #1 Exhibit 1 - Letter Brief)(Lamb, William) [Transferred from Texas Eastern on 6/21/2018.]
August 16, 2017 Opinion or Order Filing 35 PROTECTIVE ORDER entered. Signed by Magistrate Judge John D. Love on 8/16/17. (mjc, ) [Transferred from Texas Eastern on 6/21/2018.]
August 15, 2017 Filing 34 Joint MOTION for Protective Order by BigCommerce, Inc.. (Attachments: #1 Text of Proposed Order Agreed Protective Order)(Lamb, William) [Transferred from Texas Eastern on 6/21/2018.]
August 15, 2017 Filing 33 NOTICE by BigCommerce, Inc. Notice of Compliance regarding Initial and Additional Disclosures (Lamb, William) [Transferred from Texas Eastern on 6/21/2018.]
August 9, 2017 Filing 32 DEMAND for Trial by Jury by BigCommerce, Inc.. (Lamb, William) [Transferred from Texas Eastern on 6/21/2018.]
August 9, 2017 Filing 31 ANSWER to #13 Amended Complaint by BigCommerce, Inc..(Lamb, William) [Transferred from Texas Eastern on 6/21/2018.]
August 9, 2017 Opinion or Order Filing 30 ORDER REFERRING CASE to Mediator William Cornelius. Plaintiff's counsel is responsible for coordinating the mediation. Signed by Magistrate Judge John D. Love on 8/9/17. (mjc, ) [Transferred from Texas Eastern on 6/21/2018.]
August 9, 2017 Opinion or Order Filing 29 DOCKET CONTROL ORDER: Pretrial Conference set for 9/24/2018 09:00 AM in Ctrm 207 (Tyler) before Magistrate Judge John D. Love. Jury Selection set for 10/22/2018 09:00 AM in Tyler Courthouse before Judge Rodney Gilstrap. Mediation Completion due by 3/8/2018. Markman Hearing set for 2/8/2018 09:00 AM in Ctrm 207 (Tyler) before Magistrate Judge John D. Love. Signed by Magistrate Judge John D. Love on 8/9/17. (mjc, ) [Transferred from Texas Eastern on 6/21/2018.]
August 9, 2017 Opinion or Order Filing 28 DISCOVERY ORDER entered. Signed by Magistrate Judge John D. Love on 8/9/17. (mjc, ) [Transferred from Texas Eastern on 6/21/2018.]
August 8, 2017 Filing 27 Submission of Proposed Agreed Discovery order by BigCommerce, Inc. . (Attachments: #1 Text of Proposed Order)(Lamb, William) [Transferred from Texas Eastern on 6/21/2018.]
August 8, 2017 Filing 26 Submission of Proposed Agreed Docket Control/Scheduling order by Diem LLC . (Attachments: #1 Exhibit Proposed Docket Control Order)(Rismiller, Brett) [Transferred from Texas Eastern on 6/21/2018.]
July 28, 2017 Filing 25 NOTICE of Designation of Mediator, William Cornelius, filed by Diem LLC. (Rismiller, Brett) [Transferred from Texas Eastern on 6/21/2018.]
July 26, 2017 Opinion or Order Filing 24 ORDER ADOPTING REPORT AND RECOMMENDATIONS for #21 Report and Recommendations of the United States Magistrate Judge. The Report and Recommendation is hereby ADOPTED and Defendants Motion to Dismiss (Dkt. No. 14) is accordingly DENIED. Signed by Judge Rodney Gilstrap on 7/26/2017. (gsg) [Transferred from Texas Eastern on 6/21/2018.]
July 25, 2017 Minute Entry for proceedings held before Judge Rodney Gilstrap: Scheduling Conference held on 7/25/2017. Counsel for the parties appeared and were asked if they consented to a trial before the United States Magistrate Judge. The Court then gave Markman and Jury Selection dates; deadlines for submitting Mediator names (3 days); and deadlines for submitting Agreed Scheduling and Discovery Orders (14 days). (Court Reporter Shelly Holmes, CSR-TCRR). (jml) [Transferred from Texas Eastern on 6/21/2018.]
July 21, 2017 Filing 23 OBJECTION to #21 Report and Recommendations by BigCommerce, Inc.. (Lamb, William) [Transferred from Texas Eastern on 6/21/2018.]
July 21, 2017 Filing 22 NOTICE of Attorney Appearance by Gary R Sorden on behalf of Diem LLC (Sorden, Gary) [Transferred from Texas Eastern on 6/21/2018.]
July 6, 2017 Filing 21 REPORT AND RECOMMENDATIONS re #14 MOTION to Dismiss First Amended Complaint filed by BigCommerce, Inc., recommending that the motion be denied. Signed by Magistrate Judge John D. Love on 7/6/17. (mjc, ) [Transferred from Texas Eastern on 6/21/2018.]
July 3, 2017 Opinion or Order Filing 20 ORDER setting Scheduling Conference for 7/25/2017 01:30 PM in Ctrm 106 (Marshall) before Judge Rodney Gilstrap. Parties shall prepare and submit a proposed docket control order, a proposed discovery order and a proposed protective order, within the time periods contained in the schedule set forth. Signed by Judge Rodney Gilstrap on 7/3/17. (mjc, ) [Transferred from Texas Eastern on 6/21/2018.]
June 30, 2017 Filing 19 NOTICE by BigCommerce, Inc. re #14 MOTION to Dismiss First Amended Complaint NOTICE OF COMPLETED BRIEFING (Lamb, William) [Transferred from Texas Eastern on 6/21/2018.]
June 21, 2017 Filing 18 NOTICE by BigCommerce, Inc. re #17 Reply to Response to Motion Notice of Errata (Lamb, William) [Transferred from Texas Eastern on 6/21/2018.]
June 20, 2017 Filing 17 REPLY to Response to Motion re #14 MOTION to Dismiss First Amended Complaint filed by BigCommerce, Inc.. (Lamb, William) [Transferred from Texas Eastern on 6/21/2018.]
June 14, 2017 Filing 16 RESPONSE in Opposition re #14 MOTION to Dismiss First Amended Complaint filed by Diem LLC. (Attachments: #1 Text of Proposed Order)(Rismiller, Brett) [Transferred from Texas Eastern on 6/21/2018.]
May 31, 2017 Opinion or Order Filing 15 ORDER denying as moot #7 Motion to Dismiss. Signed by Magistrate Judge John D. Love on 5/31/17. (mjc, ) [Transferred from Texas Eastern on 6/21/2018.]
May 31, 2017 Filing 14 MOTION to Dismiss First Amended Complaint by BigCommerce, Inc.. (Attachments: #1 Exhibit A, #2 Text of Proposed Order)(Lamb, William) (Additional attachment(s) added on 6/1/2017: #3 Text of Proposed Order Corrected) (mjc, ). [Transferred from Texas Eastern on 6/21/2018.]
May 26, 2017 Filing 13 AMENDED COMPLAINT against BigCommerce, Inc., filed by Diem LLC. (Attachments: #1 Exhibit U.S. Patent No. 7,770,122)(Rismiller, Brett) [Transferred from Texas Eastern on 6/21/2018.]
May 11, 2017 Opinion or Order Filing 12 ORDER entered re #7 Motion to Dismiss. The Court ORDERS Diem to FILE AN AMENDED COMPLAINT that is consistent with the Federal Rules and this Order within 14 days of the date of this Order. Signed by Magistrate Judge John D. Love on 5/11/17. (mjc, )[Transferred from Texas Eastern on 6/21/2018.]
May 11, 2017 Filing 11 SUR-REPLY to Reply to Response to Motion re #7 MOTION to Dismiss Complaint For Failure To State A Claim For Relief filed by Diem LLC. (Rismiller, Brett) [Transferred from Texas Eastern on 6/21/2018.]
May 4, 2017 Filing 10 REPLY to Response to Motion re #7 MOTION to Dismiss Complaint For Failure To State A Claim For Relief filed by BigCommerce, Inc.. (Lamb, William) [Transferred from Texas Eastern on 6/21/2018.]
April 27, 2017 Filing 9 RESPONSE in Opposition re #7 MOTION to Dismiss Complaint For Failure To State A Claim For Relief filed by Diem LLC. (Attachments: #1 Text of Proposed Order)(Rismiller, Brett) [Transferred from Texas Eastern on 6/21/2018.]
April 25, 2017 Filing 8 NOTICE of Attorney Appearance - Pro Hac Vice by Brett C Rismiller on behalf of Diem LLC. Filing fee $ 100, receipt number 0540-6264180. (Rismiller, Brett) [Transferred from Texas Eastern on 6/21/2018.]
April 13, 2017 Filing 7 MOTION to Dismiss Complaint For Failure To State A Claim For Relief by BigCommerce, Inc.. (Attachments: #1 Text of Proposed Order)(Lamb, William) [Transferred from Texas Eastern on 6/21/2018.]
April 13, 2017 Filing 6 NOTICE of Attorney Appearance by Amit Agarwal on behalf of BigCommerce, Inc. (Agarwal, Amit) [Transferred from Texas Eastern on 6/21/2018.]
March 30, 2017 Filing 5 SUMMONS Issued as to BigCommerce, Inc., and emailed to plaintiff for service. (mll, ) [Transferred from Texas Eastern on 6/21/2018.]
March 28, 2017 Filing 4 CASE REFERRED to Magistrate Judge John D Love. (mll, ) [Transferred from Texas Eastern on 6/21/2018.]
March 28, 2017 In accordance with the provisions of 28 USC Section 636(c), you are hereby notified that a U.S. Magistrate Judge of this district court is available to conduct any or all proceedings in this case including a jury or non-jury trial and to order the entry of a final judgment. The form #Consent to Proceed Before Magistrate Judge is available on our website. All signed consent forms, excluding pro se parties, should be filed electronically using the event Notice Regarding Consent to Proceed Before Magistrate Judge. (mll, ) [Transferred from Texas Eastern on 6/21/2018.]
March 27, 2017 Judge Rodney Gilstrap and Magistrate Judge John D. Love added. (mll, ) [Transferred from Texas Eastern on 6/21/2018.]
March 27, 2017 Filing 3 CORPORATE DISCLOSURE STATEMENT filed by Diem LLC (Drake, Kirby) [Transferred from Texas Eastern on 6/21/2018.]
March 27, 2017 Filing 2 Notice of Filing of Patent/Trademark Form (AO 120). AO 120 mailed to the Director of the U.S. Patent and Trademark Office. (Drake, Kirby) [Transferred from Texas Eastern on 6/21/2018.]
March 27, 2017 Filing 1 COMPLAINT for Patent Infringement against BigCommerce, Inc. ( Filing fee $ 400 receipt number 0540-6217529.), filed by Diem LLC. (Attachments: #1 Civil Cover Sheet, #2 Exhibit)(Drake, Kirby) [Transferred from Texas Eastern on 6/21/2018.]

Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the California Northern District Court's Electronic Court Filings (ECF) System

Search for this case: Diem LLC v. BigCommerce, Inc.
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: BigCommerce, Inc.
Represented By: William Robert Lamb
Represented By: Amit Agarwal
Represented By: Melissa Richards Smith
Represented By: Amit M Agarwal
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Interested party: William Joseph Cornelius
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Diem LLC
Represented By: Brett C Rismiller
Represented By: Gary R Sorden
Represented By: Kirby B. Drake
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?