AlmondNet, Inc. et al v. Meta Platforms, Inc.
| AlmondNet, Inc. and Intent IQ, LLC |
| Meta Platforms, Inc. |
| 4:2023cv00438 |
| January 31, 2023 |
| US District Court for the Northern District of California |
| Laurel Beeler |
| Jon S Tigar |
| Patent |
| 35 U.S.C. § 271 Patent Infringement |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 12, 2023. A more recent docket listing may be available from PACER.
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Filing 59
ORDER STAYING CASES by Judge Jon S. Tigar granting (112) Stipulation in case 4:22-cv-08911-JST; granting (57) Stipulation in case 4:23-cv-00438-JST. (mll, COURT STAFF) (Filed on 4/12/2023)
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Filing 58
ORDER OF DISMISSAL OF CERTAIN PATENTS WITH PREJUDICE by Judge Jon S. Tigar granting (111) Stipulation in case 4:22-cv-08911-JST; granting (55) Stipulation in case 4:23-cv-00438-JST. (mll, COURT STAFF) (Filed on 4/12/2023)
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| Filing 57 STIPULATION WITH PROPOSED ORDER Re Joint Stipulation to Stay filed by Meta Platforms, Inc.. (Keefe, Heidi) (Filed on 4/11/2023) |
| Filing 56 Notice of Withdrawal of Motion TO DISMISS FOR FAILURE TO STATE A CLAIM UNDER RULE 12(B)(6) [Dkt. 38] (Keefe, Heidi) (Filed on 4/11/2023) |
| Filing 55 STIPULATION WITH PROPOSED ORDER RE: DISMISSAL OF CERTAIN PATENTS WITH PREJUDICE filed by Meta Platforms, Inc.. (Keefe, Heidi) (Filed on 4/11/2023) |
| Filing 54 CLERK'S NOTICE VACATING MOTION HEARING. Before the Court is the Motion to Dismiss for Failure to State a Claim. ECF No. #38 . Pursuant to Federal Rule of Civil Procedure 78(b) and Civil Local Rule 7-1(b), the Court finds the matter suitable for disposition without oral argument. The hearing on this matter, currently scheduled for, April 13, 2023 is hereby VACATED. (This is a text-only entry generated by the court. There is no document associated with this entry.) (eac, COURT STAFF) (Filed on 4/5/2023) |
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Filing 53
SCHEDULING ORDER. Opening Reports due by 4/11/2023. Status Report due by 8/1/2023. Close of Fact Discovery due by 8/31/2023. Opening Claim Construction Brief due by 9/22/2023. Responses due by 10/6/2023. Replies due by 10/13/2023. Signed by Judge Jon S. Tigar on April 4, 2023. (mll, COURT STAFF) (Filed on 4/4/2023)
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| Filing 52 Minute Entry for proceedings held before Judge Jon S. Tigar: Initial Case Management Conference held on 4/4/2023. Hearing held via Zoom videoconference. Issues raised in case management statements discussed. The parties are ordered to meet and confer about, and make a joint proposal regarding scheduling. If the parties are unable to agree, they must submit competing proposals. In the latter event, the Court will endeavor to choose, in all respects, the single proposal it concludes is most reasonable. Written scheduling orders to issue. Joint or Competing proposals due 4/21/2023. Case Management Statement due by 6/20/2023. Further Case Management Conference set for 6/27/2023 02:00 PM in Oakland, - Videoconference Only. Claims Construction Hearing set for 11/13/2023 01:30 PM. Tutorial Hearing set for 10/30/2023 02:00 PM in Oakland, - Videoconference Only. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/jst Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. One list of names of all counsel appearing for all parties must be sent in one email to the CRD at JSTCRD@cand.uscourts.gov no later than June 26, 2023 by 2:00 p.m for the CMC, October 27, 2023 by Noon for the Tutorial and November 9, 2023 by Noon for the Claim Construction Hearing.General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. Case Management Statement due by 6/20/2023. Further Case Management Conference set for 6/27/2023 02:00 PM in Oakland, - Videoconference Only. Claims Construction Hearing set for 11/13/2023 01:30 PM. Tutorial Hearing set for 10/30/2023 02:00 PM in Oakland, - Videoconference Only.Total Time in Court: 40 minutes. Court Reporter: N/A. Plaintiff Attorney: Marc Fenster, Amy Hayden, Daniel Kolko. Defendant Attorney: For Defendant Meta Platforms: Heidi Keefe, Phillip Morton; For the Samsung and AdGear Defendants: Elizabeth L. Brann, James V. Razick. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mll, COURT STAFF) (Date Filed: 4/4/2023) Modified on 4/4/2023 (mll, COURT STAFF). |
| Filing 51 REPLY (re #38 MOTION to Dismiss FOR FAILURE TO STATE A CLAIM UNDER RULE 12(B)(6) ) filed byMeta Platforms, Inc.. (Keefe, Heidi) (Filed on 3/30/2023) |
| Filing 50 JOINT CASE MANAGEMENT STATEMENT filed by AlmondNet, Inc., Intent IQ, LLC. (Attachments: #1 Exhibit A)(Hayden, Amy) (Filed on 3/28/2023) |
| Filing 49 OPPOSITION/RESPONSE (re #38 MOTION to Dismiss FOR FAILURE TO STATE A CLAIM UNDER RULE 12(B)(6) ) filed byAlmondNet, Inc., Intent IQ, LLC. (Attachments: #1 Declaration of James A. Milkey, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F)(Mirzaie, Reza) (Filed on 3/22/2023) |
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Filing 48
ORDER FOR EXTENSION OF TIME TO RESPOND TO MOTION TO DISMISS by Judge Jon S. Tigar granting #47 Stipulation. Responses due by 3/22/2023.(mll, COURT STAFF) (Filed on 3/21/2023)
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| Filing 47 STIPULATION WITH PROPOSED ORDER for Extension of Time to Respond to Motion to Dismiss filed by AlmondNet, Inc., Intent IQ, LLC. (Hayden, Amy) (Filed on 3/20/2023) |
| Filing 46 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Mirzaie, Reza) (Filed on 3/14/2023) |
| Filing 45 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Keefe, Heidi) (Filed on 3/13/2023) |
| Filing 44 Certificate of Interested Entities by AlmondNet, Inc., Intent IQ, LLC (Hayden, Amy) (Filed on 2/27/2023) |
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Filing 43
ORDER FOR EXTENSION OF TIME TO RESPOND TO MOTION TO DISMISS by Judge Jon S. Tigar granting #42 Stipulation.Responses due by 3/20/2023. Replies due by 3/30/2023. (mll, COURT STAFF) (Filed on 2/22/2023)
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| Filing 42 STIPULATION WITH PROPOSED ORDER FOR EXTENSION OF TIME TO RESPOND TO MOTION TO DISMISS filed by AlmondNet, Inc., Intent IQ, LLC. (Hayden, Amy) (Filed on 2/21/2023) |
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Filing 41
Order by Judge Jon S. Tigar granting #20 Stipulation. Responses due by 2/13/2023.(mll, COURT STAFF) (Filed on 2/14/2023)
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| Filing 40 NOTICE of Appearance by Dena Chen as Counsel for Defendant Meta Platforms, Inc. (Chen, Dena) (Filed on 2/13/2023) |
| Filing 39 Certificate of Interested Entities by Meta Platforms, Inc. (Keefe, Heidi) (Filed on 2/13/2023) |
| Filing 38 MOTION to Dismiss FOR FAILURE TO STATE A CLAIM UNDER RULE 12(B)(6) filed by Meta Platforms, Inc.. Motion Hearing set for 4/13/2023 02:00 PM in Oakland, - Videoconference Only before Judge Jon S. Tigar. Responses due by 2/27/2023. Replies due by 3/6/2023. (Attachments: #1 Declaration Emily E. Terrell, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16, #18 Exhibit 17, #19 Exhibit 18, #20 Exhibit 19, #21 Exhibit 20, #22 Exhibit 21, #23 Exhibit 22, #24 Exhibit 23, #25 Proposed Order)(Keefe, Heidi) (Filed on 2/13/2023) |
| Filing 37 NOTICE of Appearance by Lowell D. Mead on behalf of Defendant Meta Platforms, Inc. (Mead, Lowell) (Filed on 2/8/2023) |
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Filing 36
Order by Judge Jon S. Tigar granting #21 Motion for Pro Hac Vice as to Phillip Morton. (bxs, COURT STAFF) (Filed on 2/8/2023)
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| Filing 35 CLERK'S NOTICE SETTING CASE MANAGEMENT CONFERENCE. Joint Case Management Statement due by 3/28/2023. Initial Case Management Conference set for 4/4/2023 at 02:00 PM in Oakland, - Videoconference Only. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/jst Court Appe arances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. One list of names of all counsel appearing for all parties must be sent in one email to the CRD at JSTCRD@cand.uscourts.gov no later than April 3, 2023 by no later than 2:00 p.m.General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: # https://www.cand.uscourts.gov/zoom/. (bxs, COURT STAFF) (Filed on 2/8/2023) |
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Filing 34
ORDER REASSIGNING CASE. Case reassigned to Judge Jon S. Tigar for all further proceedings. Judge Richard Seeborg no longer assigned to case. Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras.Signed by The Clerk on 02/08/2023. (Attachments: #1 Notice of Eligibility for Video Recording)(jrs, COURT STAFF) (Filed on 2/8/2023)
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Filing 33
ORDER RELATING CASES: 22-cv-07515-JST/22-cv-08911-JST & 23-cv-00438-RS. Signed by Judge Jon S. Tigar on 2/8/2023. (bxs, COURT STAFF) (Filed on 2/8/2023)
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| Filing 32 NOTICE of Appearance by James Anthony Milkey (Milkey, James) (Filed on 2/7/2023) |
| Filing 31 NOTICE of Appearance by Jason Wietholter (Wietholter, Jason) (Filed on 2/7/2023) |
| Filing 30 NOTICE of Appearance by Daniel B Kolko (Kolko, Daniel) (Filed on 2/7/2023) |
| Filing 29 NOTICE of Appearance by James Shrin Tsuei (Tsuei, James) (Filed on 2/7/2023) |
| Filing 28 NOTICE of Appearance by Amy Hayden (Hayden, Amy) (Filed on 2/7/2023) |
| Filing 27 NOTICE of Appearance by Benjamin T. Wang (Wang, Benjamin) (Filed on 2/7/2023) |
| Filing 26 NOTICE of Appearance by Marc Aaron Fenster (Fenster, Marc) (Filed on 2/7/2023) |
| Filing 25 NOTICE of Appearance by Emily Elizabeth Terrell as Counsel for Defendant Meta Platforms, Inc. (Terrell, Emily) (Filed on 2/6/2023) |
| Filing 24 CLERK'S NOTICE RE REASSIGNED CASE: You are notified that the Court has scheduled an Initial Case Management Conference set for 5/11/2023 at 10:00 AM before Judge Richard Seeborg upon reassignment. Case Management Statement due by 5/4/2023.All parties shall appear by videoconference using log-in instructions the Court will provide in advance. For a copy of Judge Seeborg's Standing Order and other information, please refer to the Court's website at www.cand.uscourts.gov (This is a text-only entry generated by the court. There is no document associated with this entry.) I (cl, COURT STAFF) (Filed on 2/2/2023) |
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Filing 23
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Richard Seeborg for all further proceedings. Magistrate Judge Laurel Beeler no longer assigned to case,. Signed by Clerk on 2/2/2023. (ark, COURT STAFF) (Filed on 2/2/2023)
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| Filing 22 CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. 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. (ejk, COURT STAFF) (Filed on 2/1/2023) |
| Filing 21 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-17951185.) filed by Meta Platforms, Inc.. (Attachments: #1 Certificate of Good Standing)(Morton, Phillip) (Filed on 2/1/2023) |
| Filing 20 STIPULATION WITH PROPOSED ORDER FOR AN EXTENSION OF TIME TO RESPOND TO THE COMPLAINT filed by Meta Platforms, Inc.. (Keefe, Heidi) (Filed on 2/1/2023) |
| Filing 19 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Meta Platforms, Inc... (Keefe, Heidi) (Filed on 2/1/2023) |
| Filing 18 CLERK'S NOTICE Re: Consent or Declination: Plaintiffs/Defendants shall file a consent or declination to proceed before a magistrate judge. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: #http://cand.uscourts.gov/civilforms. Consent/Declination due by 2/14/2023. (ejk, COURT STAFF) (Filed on 1/31/2023) |
| Filing 17 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 4/27/2023. Initial Case Management Conference set for 5/4/2023 11:00 AM in San Francisco, Courtroom B, 15th Floor. (hdj, COURT STAFF) (Filed on 1/31/2023) |
| Filing 16 Case transferred in from District of Texas Western; Case Number 6:22-cv-01205. Original file certified copy of transfer order and docket sheet received. |
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Filing 15
ORDER GRANTING #13 Motion to Transfer Case to US District Court for Northern California. Signed by Judge Derek T. Gilliland. (lad)
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| Filing 14 Unopposed MOTION for Extension of Time to File Answer by Meta Platforms, Inc.. (Attachments: #1 Proposed Order). Motions referred to Judge Derek T. Gilliland. (Keefe, Heidi) |
| Filing 13 MOTION to Transfer Case STIPULATION AND JOINT MOTION TO TRANSFER TO THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA by Meta Platforms, Inc.. (Attachments: #1 Proposed Order). Motions referred to Judge Derek T. Gilliland. (Keefe, Heidi) |
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Text Order GRANTING #12 Motion for Extension of Time to Answer re #12 Unopposed MOTION for Extension of Time to File Answer or to Respond to the Complaint entered by Judge Derek T. Gilliland. The deadline for Defendant to answer or otherwise respond to the Complaint is extended to January 30, 2023. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mklc)
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| Filing 12 Unopposed MOTION for Extension of Time to File Answer or to Respond to the Complaint by Meta Platforms, Inc.. (Attachments: #1 Proposed Order). Motions referred to Judge Derek T. Gilliland. (Keefe, Heidi) |
| Filing 11 DEFICIENCY NOTICE: re #9 Notice (Other) (lad) |
| Filing 10 RULE 7 DISCLOSURE STATEMENT filed by Meta Platforms, Inc.. (Keefe, Heidi) |
| Filing 9 NOTICE OF UNOPPOSED EXTENSION OF TIME TO RESPOND TO THE COMPLAINT by Meta Platforms, Inc. (Keefe, Heidi) |
| Filing 8 NOTICE of Attorney Appearance by Adam Hoffman on behalf of AlmondNet, Inc., Intent IQ, LLC. Attorney Adam Hoffman added to party AlmondNet, Inc.(pty:pla), Attorney Adam Hoffman added to party Intent IQ, LLC(pty:pla) (Hoffman, Adam) |
| Filing 7 SUMMONS Returned Executed by AlmondNet, Inc., Intent IQ, LLC. Meta Platforms, Inc. served on 11/23/2022, answer due 12/14/2022. (Mirzaie, Reza) |
| Filing 6 Summons Issued as to Meta Platforms, Inc.. (sm3) |
| All parties shall flatten all documents before e-filing. All parties shall comply with the Standing Orders located at https://www.txwd.uscourts.gov/judges-information/standing-orders/ (sm3) |
| Case assigned to Judge Alan D Albright and Judge Derek T. Gilliland. 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. Case assigned due to related cases. (sm3) |
| Filing 5 RULE 7 DISCLOSURE STATEMENT filed by AlmondNet, Inc., Intent IQ, LLC. (Mirzaie, Reza) |
| Filing 4 NOTICE of Related Cases by AlmondNet, Inc., Intent IQ, LLC re #1 Complaint, (Mirzaie, Reza) |
| Filing 3 Notice of Filing of Patent/Trademark Form (AO 120). AO 120 forwarded to the Director of the U.S. Patent and Trademark Office. (Mirzaie, Reza) |
| Filing 2 REQUEST FOR ISSUANCE OF SUMMONS by AlmondNet, Inc., Intent IQ, LLC. (Mirzaie, Reza) |
| Filing 1 COMPLAINT for Patent Infringement Against Meta Platforms, Inc. ( Filing fee $ 402 receipt number ATXWDC-16774765), filed by AlmondNet, Inc., Intent IQ, 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, #11 Exhibit 11, #12 Exhibit 12, #13 Civil Cover Sheet)(Mirzaie, Reza) |
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