Cypress Lake Software, Inc. v. HP Inc.
| Cypress Lake Software, Inc. |
| HP Inc. |
| 5:2018cv06144 |
| October 5, 2018 |
| US District Court for the Northern District of California |
| Edward J Davila |
| Susan van Keulen |
| Joseph C Spero |
| Patent |
| 35 U.S.C. § 271 |
| Both |
Docket Report
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This docket was last retrieved on November 16, 2018. A more recent docket listing may be available from PACER.
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Filing 50
ORDER OF RECUSAL. Signed by Magistrate Judge Virginia K. DeMarchi on 11/16/2018. (vkdlc2S, COURT STAFF) (Filed on 11/16/2018)
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| Filing 49 RESPONSE to re #46 Order PLAINTIFF CYPRESS LAKE SOFTWARE, INC.'S RESPONSE TO DISCLOSURE ORDER [DKT. NO. 46] by Cypress Lake Software, Inc.. (Garteiser, Randall) (Filed on 11/14/2018) |
| Filing 48 RESPONSE to re #46 Order DEFENDANT HP INC.'S RESPONSE TO DISCLOSURE ORDER [DKT. NO. 46] by HP Inc.. (Schwartz, Krista) (Filed on 11/12/2018) |
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Filing 47
ORDER Granting #45 Motion to Relate Case. The Court finds case 5:18-cv-06144-EJD Cypress Lake Software, Inc. v HP Inc and case 5:18-cv-06146-EJD Cypress Lake Software, Inc. v ZTE(USA) Inc. are related. BOTH CASE ARE ASSIGNED TO JUDGE DAVILA SO NO REASSIGNMENT NEEDED. Signed by Judge Edward J. Davila on 11/7/2018. (amkS, COURT STAFF) (Filed on 11/7/2018)
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Filing 46
DISCLOSURE ORDER. Each party to file a response to this order by 11/14/2018. Signed by Magistrate Judge Virginia K. DeMarchi on 10/30/2018. (vkdlc2S, COURT STAFF) (Filed on 10/30/2018)
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| Filing 45 MOTION to Relate Case with Cypress Lake Software, Inc. v ZTE (USA) Inc., 5:18-cv-06146-EJD filed by Cypress Lake Software, Inc.. (Attachments: #1 Declaration of Randall Garteiser, #2 Proposed Order)(Garteiser, Randall) (Filed on 10/30/2018) Modified on 10/30/2018 (cv, COURT STAFF). |
| Filing 44 NOTICE by Cypress Lake Software, Inc. of Related Case Cypress Lake Software, Inc. v ZTE (USA) Inc., 5:18-cv-06146-EJD (Garteiser, Randall) (Filed on 10/29/2018) Modified text on 10/29/2018, (incorrect event selected.) (cv, COURT STAFF). |
| #Electronic filing error. Incorrect event used. [err101]This filing will not be processed by the clerks office.Please re-file in its entirety. *** Motion of Related case *** Re:[44 ] Notice (Other) filed by Cypress Lake Software, Inc. (cv, COURT STAFF) (Filed on 10/29/2018) |
| Filing 43 NOTICE of Appearance by Christopher Alan Honea on behalf of Cypress Lake Software, Inc. (Honea, Christopher) (Filed on 10/26/2018) |
| Filing 42 (Text Only) CLERKS NOTICE RESETTING CASE MANAGEMENT CONFERENCE FOLLOWING REASSIGNMENT. Joint Case Management Statement due by 1/21/2019. Initial Case Management Conference set for 1/31/2019 10:00 AM in San Jose, Courtroom 4, 5th Floor before Hon. Edward J. Davila. The Court does not issue a revised Initial Case Management Scheduling Order with ADR Deadlines. Standing orders can be downloaded from the court's web page at http://cand.uscourts.gov/ejdorders. This is a text only docket entry, there is no document associated with this notice. (amkS, COURT STAFF) (Filed on 10/23/2018) |
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Filing 41
ORDER REASSIGNING CASE. Case reassigned to Judge Edward J. Davila for all further proceedings. Magistrate Judge Joseph C. Spero 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 10/19/18. (Attachments: #1 Notice of Eligibility for Video Recording)(as, COURT STAFF) (Filed on 10/19/2018)
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| Filing 40 CLERK'S NOTICE of Impending Reassignment to U.S. District Judge (klhS, COURT STAFF) (Filed on 10/18/2018) |
| Filing 39 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by HP Inc... (Schwartz, Krista) (Filed on 10/18/2018) |
| Filing 38 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by HP Inc... (Schwartz, Krista) (Filed on 10/18/2018) |
| Filing 37 CERTIFICATE OF SERVICE by HP Inc. re #36 Initial Case Management Scheduling Order with ADR Deadlines, (Schwartz, Krista) (Filed on 10/10/2018) |
| Filing 36 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 12/28/2018. Initial Case Management Conference set for 1/4/2019 02:00 PM in San Francisco, Courtroom G, 15th Floor. (gbaS, COURT STAFF) (Filed on 10/5/2018) |
| Filing 35 Case transferred in from District of Texas Eastern; Case Number 6:17-cv-00462. Original file certified copy of transfer order and docket sheet received. |
| Interdistrict transfer to the Northern District of California. (rlf) |
| Filing 34 USCA FEDERAL CIRCUIT DISPOSITIVE COURT ORDER GRANTING PETITION FOR WRIT OF MANDAMUS. The district court's order denying HP's motion to transfer is vacated, and the district court is directed to grant the transfer motion. (rlf) |
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Filing 33
ORDER TO DECONSOLIDATE AND TRANSFER. Accordingly, the Court GRANTS HP's motion #16 and ORDERS that Case No. 6:17-cv-462 filed by Plaintiff Cypress Lake Software, Inc. against HP Inc. is hereby DECONSOLIDATED from the Lead Case, Case No. 6:17-cv-300, and TRANSFERRED to the United States District Court for the Northern District of California. Signed by District Judge Robert W. Schroeder, III on 9/25/2018. (rlf)
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| Filing 32 USCA-FEDERAL CIRCUIT ORDER Sua Sponte EXPEDITE OTHER. Cypress Lake Software, Inc. is directed to respond to the petition no later than seven days from the date of filing of this order. Any reply in support of the petition is due no later than three days thereafter. (rlf) |
| Filing 31 USCA-FEDERAL CIRCUIT NOTICE of Docketing: A Petition for Writ of Mandamus has been filed, In re: HP Inc. USCA-FEDERAL CIRCUIT CASE NO. 18-149-ML. (rlf) |
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Filing 30
ORDER denying #16 Sealed Patent Motion to Transfer; denying as moot #23 Motion for Hearing; and, denying as moot the Joint Motion to StayPending HPs Motion to Transfer (Case 6:17-cv-300, Docket No. 78). Signed by District Judge Robert W. Schroeder, III on 6/27/2018. (rlf)
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| Filing 29 NOTICE of Attorney Appearance by Brandon Hugh Stroy on behalf of HP Inc. (Stroy, Brandon) |
| Filing 28 NOTICE of Attorney Appearance by Sasha G. Rao on behalf of HP Inc. (Rao, Sasha) |
| Filing 27 Minute Entry for proceedings held before District Judge Robert W. Schroeder III: Motion Hearing held on 3/28/2018 re #16 SEALED PATENT MOTION TO TRANSFER TO NORTHERN DISTRICT OF CALIFORNIA filed by HP Inc.. (Court Reporter Kelly Polvi) (Attachments: #1 Attorney Sign In Sheet) (bas) |
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Filing 26
ORDER Setting Hearing on Motion #16 SEALED PATENT MOTION TO TRANSFER TO NORTHERN DISTRICT OF CALIFORNIA : Motion Hearing set for 3/28/2018 at 01:30 PM in Texarkana Courthouse before District Judge Robert W. Schroeder III. Signed by District Judge Robert W. Schroeder, III on 3/13/2018. (gsg)
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Filing 25
ORDER granting #24 Motion to Withdraw as Attorney. Attorney Melissa Richards Smith terminated. Signed by District Judge Robert W. Schroeder, III on 3/12/2018. (rlf)
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| Filing 24 Unopposed MOTION to Withdraw as Attorney by HP Inc.. (Attachments: #1 Text of Proposed Order)(Smith, Melissa) |
| Filing 23 Opposed MOTION for Hearing re #16 SEALED PATENT MOTION TO TRANSFER TO NORTHERN DISTRICT OF CALIFORNIA by HP Inc.. (Attachments: #1 Text of Proposed Order)(Jones, Michael) |
| Filing 22 SUR-REPLY to Reply to Response to Motion re #16 SEALED PATENT MOTION TO TRANSFER TO NORTHERN DISTRICT OF CALIFORNIA filed by Cypress Lake Software, Inc.. (Garteiser, Randall) |
| Filing 21 REPLY to Response to Motion re #16 SEALED PATENT MOTION TO TRANSFER TO NORTHERN DISTRICT OF CALIFORNIA filed by HP Inc.. (Attachments: #1 Exhibit A - Email, #2 Exhibit B - LG Amended Complaint)(Jones, Michael) |
| Filing 20 RESPONSE in Opposition re #16 SEALED PATENT MOTION TO TRANSFER TO NORTHERN DISTRICT OF CALIFORNIA filed by Cypress Lake Software, Inc.. (Attachments: #1 Declaration of Randall Garteiser ISO of CYPRESS LAKE SOFTWARE, INC.S OPPOSITION TO HP INC.S MOTION TO TRANSFER VENUE TO THE NORTHERN DISTRICT OF CALIFORNIA (Dkt. 16) under Section 1404. NOTE: TOM FORTENBERRY Declaration is contained at Ex. 12., #2 Text of Proposed Order, #3 Exhibit 1 is a true account that Cypress Lake Software Inc. has filed suit on its patents in the Eastern District of Texas on at least 8 previous occasions, including against Defendants ZTE and HP taken from a search I conducted on Docket Navigator., #4 Exhibit 2 is a true account of Docket Navigator search demonstrating that Honorable Robert W. Schroeder, III, has presided over all previous and current Cypress Lake Software Inc. cases filed in the Eastern District of Texas on these patents., #5 Exhibit 3 is a true account of Docket Navigator search demonstrating that Cypress Lake Software Inc. has not ever filed suit or been the source of litigation in the Northern District of California. Cypress Lake Software has never made sales or even sent cease and desist letters to any party in the State of California., #6 Exhibit 4 is a true account of Docket Navigator search I did demonstrating that HP. Inc. has utilized the Eastern District of Texas on at least 177 prior occasions., #7 Exhibit 5 is a true account of a Docket Navigator search demonstrating that HP. Inc. has utilized the Eastern District of Texas as its choice of forum prior to this lawsuit., #8 Exhibit 6 is a true account of a Docket Navigator search I did demonstrating that Google LLC has utilized the Eastern District of Texas on at least 40 prior occasions. Also, under the DCO for this case the deadline for defendants to add additional parties was January 18, 2018. See DCO, Dkt. 36 at 6. HP did not join Google., #9 Exhibit 7 is a true account of Docket Navigator search demonstrating that Honorable Robert W. Schroeder, III, has presided over 21 prior and current HP. Inc. cases and 10 prior and current Google LLC lawsuits in the Eastern District of Texas., #10 Exhibit 8 is a true account of Docket Navigator search demonstrating that there are four related cases filed in the Eastern District of Texas covering the patents at issue in Cypress Lake Software, Inc. v. HP Inc., Case 6:17-cv-462-RWS., #11 Exhibit 9 is a true account of Internet search demonstrating that, of the top 13 most cost effective flights offered by four major airlines, all but 1 were direct from San Francisco, California, to Dallas, Texas., #12 Exhibit 10 is a true account of U.S. Court Management statistics, which demonstrate that the Northern District of California has almost double the amount of pending cases than those of the Eastern District of Texas and that court congestion is trending significantly downward in this District when compared to the Northern District of California., #13 Exhibit 11 is a Santa Clara Law journal article demonstrating a graph created from Docket Navigator statistics, which shows that the Northern District of California summary judgment rate is almost two-times higher than that of the Eastern District of Texas, #14 Exhibit 12 is a Declaration of Tom Fortenberry, patent inventor and founder of Cypress Lake Software, Inc., declaring that Cypress Lake, its business documents, and himself, are all residents located in the Eastern District of Texas., #15 Exhibit 13 is Docket Navigator search demonstrating that HP Inc. and Google are currently in the Eastern District of Texas on dozens of other current cases regardless of HPs current dispute with Cypress Lake Software, Inc.)(Garteiser, Randall) |
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Filing 19
ORDER granting #18 Motion for Extension of Time to File Response. It is therefore ORDERED that Cypress Lake shall file its opposition to Defendants' Motions (Docket Nos. #16 and #17 ) by January 30, 2018. Signed by District Judge Robert W. Schroeder, III on 1/18/2018. (rlf)
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| Filing 18 Unopposed MOTION for Extension of Time to File Response/Reply as to #17 Redacted Document, #16 SEALED PATENT MOTION TO TRANSFER TO NORTHERN DISTRICT OF CALIFORNIA by Cypress Lake Software, Inc.. (Attachments: #1 Text of Proposed Order granting Extension for Cypress Lake Software to Oppose HP's Motion to Transfer to January 30, 2018.)(Garteiser, Randall) |
| Filing 17 REDACTION to #16 SEALED PATENT MOTION TO TRANSFER TO NORTHERN DISTRICT OF CALIFORNIA by HP Inc.. (Attachments: #1 Exhibit 1:Tsui Declaration, #2 Exhibit 2: Redacted Dubey Declaration, #3 Exhibit 3: Application for Certificate, #4 Exhibit 4: Sitting Man, #5 Exhibit 5: Amended Complaint, #6 Text of Proposed Order)(Jones, Michael) |
| Filing 16 SEALED PATENT MOTION TO TRANSFER TO NORTHERN DISTRICT OF CALIFORNIA by HP Inc.. (Attachments: #1 Exhibit 1: Tsui Declaration, #2 Exhibit 2: Dubey Declaration, #3 Exhibit 3: Application for Certificate, #4 Exhibit 4: Sitting Man, #5 Exhibit 5: Amended Complaint, #6 Text of Proposed Order)(Jones, Michael) |
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Filing 15
ORDER OF CONSOLIDATION. The above-styled cases are consolidated for pretrial issues only, with the exception of venue. The earliest filed civil action 6:17-cv-300 shall serve as the lead case for the consolidated issues. The Clerk of the Court shall add the consolidated defendants to the lead case, as well as lead and local counsel only. Any other counsel who wishes to appear in the lead case shall file a notice of appearance in that case. The originally filed member cases will remain active for venue motions and trial. All future pretrial filings, other than venue motions, shall be filed in the lead case. Signed by District Judge Robert W. Schroeder, III on 11/30/17. (mll, )
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| This civil action is CONSOLIDATED with cause 6:17cv300 designated as the Lead Case. All future pleadings -- except relating to venue -- are to be filed in the Lead Case. This case remains active for venue determination and trial. (mll, ) |
| Filing 14 CORPORATE DISCLOSURE STATEMENT filed by HP Inc. (Jones, Michael) |
| Filing 13 DEMAND for Trial by Jury by HP Inc.. (Jones, Michael) |
| Filing 12 DEFENDANT HP INC.'S ANSWER to #1 Complaint,,, AND AFFIRMATIVE DEFENSES by HP Inc..(Jones, Michael) |
| Filing 11 NOTICE of Attorney Appearance by Israel Sasha Mayergoyz on behalf of HP Inc. (Mayergoyz, Israel) |
| Filing 10 NOTICE of Attorney Appearance by Krista Sue Schwartz on behalf of HP Inc. (Schwartz, Krista) |
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Filing 9
ORDER granting #8 Agreed MOTION for Extension of Time to File Answer or Otherwise Respond to Plaintiff's Complaint. It is therefore ORDERED that Defendant HP Inc.s deadline to move, answer, or otherwise respond to Plaintiffs original complaint is November 20, 2017. Signed by Judge Robert W. Schroeder, III on 10/17/2017. (rlf)
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| Filing 8 Agreed MOTION for Extension of Time to File Answer by HP Inc.. (Attachments: #1 Text of Proposed Order)(Smith, Melissa) |
| Filing 7 Defendant's Unopposed Second Application for Extension of Time to Answer Complaint re HP Inc..( Smith, Melissa) |
| Defendant's Unopposed First Application for Extension of Time to Answer Complaint is granted pursuant to Local Rule CV-12 for HP Inc. to 10/5/2017. 30 Days Granted for Deadline Extension.(rlf) |
| Defendant's Unopposed Second Application for Extension of Time to Answer Complaint is granted pursuant to Local Rule CV-12 for HP Inc. to 10/20/2017. 15 Days Granted for Deadline Extension.(rlf) |
| Filing 6 Defendant's Unopposed First Application for Extension of Time to Answer Complaint re HP Inc..( Smith, Melissa) |
| Filing 5 SUMMONS Returned Executed by Cypress Lake Software, Inc. HP Inc. served on 8/15/2017, answer due 9/5/2017. (mjc, ) |
| Filing 4 SUMMONS Issued as to HP Inc., and emailed to pltf for service. (mll, ) |
| Judge Robert W. Schroeder, III added. (mll, ) |
| DEMAND for Trial by Jury by Cypress Lake Software, Inc.. (mll, ) |
| Filing 3 CORPORATE DISCLOSURE STATEMENT filed by Cypress Lake Software, Inc. (Garteiser, Randall) |
| 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. (Garteiser, Randall) |
| Filing 1 COMPLAINT against HP Inc. ( Filing fee $ 400 receipt number 0540-6421594.), filed by Cypress Lake Software, Inc.. (Attachments: #1 Civil Cover Sheet, #2 Exhibit 1 - HP Accused Devices, #3 Exhibit 2 - US8422858, #4 Exhibit 3 - US8781299, #5 Exhibit 4 - US8787731, #6 Exhibit 5 - US8983264, #7 Exhibit 6 - US9423954, #8 Exhibit A - HP Chromebooks on Amazon, #9 Exhibit B - HP Chromebooks at Walmart, #10 Exhibit C - HP Store - Chromebooks, #11 Exhibit D - HP PCs and Tablets Support, #12 Exhibit E - Downloads for HP Products, #13 Exhibit F - HP Campus in Plano, EDTX, TX, #14 Exhibit G - Photo of HP Campus in Plano, EDTX, TX, #15 Exhibit H - HP News -HP Opens HP Sales University in Plano, Texas, #16 Exhibit I - HP OfficeJet Pro at Walmart, #17 Exhibit J - Authorized support providers near 75702)(Garteiser, Randall) |
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