BiTMICRO LLC v. Intel Corporation
Plaintiff: BiTMICRO LLC
Defendant: Intel Corporation
Case Number: 5:2023cv00625
Filed: February 13, 2023
Court: US District Court for the Northern District of California
Presiding Judge: Edward J Davila
Referring Judge: Susan van Keulen
2 Judge: Joseph C Spero
Nature of Suit: Patent
Cause of Action: 35 U.S.C. § 271 Patent Infringement
Jury Demanded By: Both
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Docket Report

This docket was last retrieved on July 27, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 24, 2023 Filing 62 CLERKS NOTICE RESETTING CASE MANAGEMENT CONFERENCE FOLLOWING REASSIGNMENT. Initial Case Management Conference set for 6/8/2023 at 10:00 AM in San Jose, Courtroom 4, 5th Floor. Joint Case Management Statement due by 5/25/2023. 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 entry generated by the court. There is no document associated with this entry.) (crr, COURT STAFF) (Filed on 2/24/2023)
February 23, 2023 Opinion or Order Filing 61 ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Edward J. Davila for all further proceedings. Magistrate Judge Joseph C. Spero 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 Clerk on 2/23/2023. (Attachments: #1 Notice of Eligibility for Video Recording)(ark, COURT STAFF) (Filed on 2/23/2023)
February 22, 2023 Filing 60 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. (klh, COURT STAFF) (Filed on 2/22/2023)
February 21, 2023 Filing 59 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by BiTMICRO LLC.. (Flynn-O'Brien, Michael) (Filed on 2/21/2023)
February 14, 2023 Filing 58 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. (Party/parties were also notified via telephone or email.) Consent/Declination due by 2/28/2023. (This is a text-only entry generated by the court. There is no document associated with this entry.) (klh, COURT STAFF) (Filed on 2/14/2023)
February 13, 2023 Filing 57 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 5/12/2023. Initial Case Management Conference set for 5/19/2023 at 2:00 PM in San Francisco, Courtroom F, 15th Floor. (wsn, COURT STAFF) (Filed on 2/13/2023)
February 13, 2023 Filing 56 Case transferred in from District of Texas Western; Case Number 6:22-cv-00335. Original file certified copy of transfer order and docket sheet received.
February 10, 2023 Opinion or Order Filing 55 Sealed ORDER GRANTING #22 DEFENDANTS MOTION TO TRANSFER VENUE TO THE NORTHERN DISTRICT OF CALIFORNIA. Signed by Judge Alan D Albright. (lad)
January 31, 2023 Opinion or Order Filing 54 ORDER APPOINTING TECHNICAL ADVISOR Dr. Joshua J. Yi. Signed by Judge Alan D Albright. (ad3)
January 20, 2023 Opinion or Order Filing 53 Protective ORDER GRANTING #52 Motion. Signed by Judge Alan D Albright. (lad)
January 19, 2023 Filing 52 Joint MOTION for Protective Order by BiTMICRO LLC. (Attachments: #1 Ex. A - Proposed Protective Order)(Flynn-O'Brien, Michael)
January 19, 2023 Filing 51 DEFICIENCY NOTICE: re #49 Proposed Protective Order. Please see enclosed directions. (lad)
January 18, 2023 Filing 50 Redacted Copy of #34 Sealed Document,,, by BiTMICRO LLC. (Attachments: #1 Flynn-O'Brien Decl., #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 Exhibit 24, #26 Exhibit 25, #27 Exhibit 26, #28 Exhibit 27, #29 Exhibit 28, #30 Exhibit 29, #31 Exhibit 30, #32 Exhibit 31, #33 Lagerman Decl., #34 Proposed Order)(Flynn-O'Brien, Michael)
January 18, 2023 Filing 49 Proposed Protective Order by BiTMICRO LLC. (Flynn-O'Brien, Michael)
January 2, 2023 Filing 48 Joint Claim Construction Brief or Statement by BiTMICRO LLC. (Flynn-O'Brien, Michael)
December 28, 2022 Filing 47 Reply Claim Construction Brief by BiTMICRO LLC. (Flynn-O'Brien, Michael)
December 22, 2022 Opinion or Order Filing 46 ORDER Setting Zoom Markman Hearing for 2/13/2023 01:30 PM before Judge Alan D Albright. Signed by Judge Alan D Albright. (bot2)
December 22, 2022 Opinion or Order Filing 45 SCHEDULING ORDER: Markman Hearing set for 2/13/2023 09:00 AM before Judge Alan D Albright. Joinder of Parties due by 2/22/2023. Amended Pleadings due by 3/3/2023. Motions due by 10/18/2023. Pretrial Conference set for 12/20/2023 before Judge Alan D Albright. Jury Selection set for 1/17/2024 before Judge Jeffrey C. Manske. Jury Trial set for 1/17/2024 before Judge Alan D Albright. Motions terminated: #21 MOTION for Entry of Scheduling Order Deadlines filed by BiTMICRO LLC.. Signed by Judge Alan D Albright. (ad3)
December 16, 2022 Filing 44 Redacted Copy of #39 Sealed Document,, by BiTMICRO LLC. (Attachments: #1 Foty Declaration, #2 Lin Declaration, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9, #12 Exhibit 10, #13 Exhibit 11, #14 Exhibit 12, #15 Exhibit 13, #16 Exhibit 14, #17 Exhibit 15, #18 Exhibit 16, #19 Exhibit 17, #20 Exhibit 18, #21 Exhibit 19, #22 Exhibit 20, #23 Exhibit 21, #24 Exhibit 22)(Flynn-O'Brien, Michael)
December 14, 2022 Filing 43 Reply Claim Construction Brief regarding #39 Sealed Document,, #33 Brief, by Intel Corporation. (Campbell, Chad)
December 2, 2022 Filing 42 STATUS REPORT Regarding Intel Corporation's Motion to Transfer Venue to the Northern District of California or, in the Alternative, to the District of Oregon by Intel Corporation. (McCullough, Christina)
December 1, 2022 Filing 41 Sealed Document: Corrected Certificate of Service of #40 Deficiency Notice by Intel Corporation (McCullough, Christina)
December 1, 2022 Filing 40 DEFICIENCY NOTICE: re #37 Sealed Document,, (lad)
November 30, 2022 Filing 39 Sealed Document: RESPONSIVE CLAIM CONSTRUCTION BRIEF by BiTMICRO LLC (Attachments: #1 Foty Declaration, #2 Lin Declaration, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9, #12 Exhibit 10, #13 Exhibit 11, #14 Exhibit 12, #15 Exhibit 13, #16 Exhibit 14, #17 Exhibit 15, #18 Exhibit 16, #19 Exhibit 17, #20 Exhibit 18, #21 Exhibit 19, #22 Exhibit 20, #23 Exhibit 21, #24 Exhibit 22) (Flynn-O'Brien, Michael)
November 30, 2022 Filing 38 Redacted Copy of Intel's Reply in Support of Its Motion to Transfer Venue of #37 Sealed Document,, by Intel Corporation. (Attachments: #1 Declaration of Janice L. Ta, #2 Exhibit A (Redacted), #3 Exhibit B, #4 Exhibit C, #5 Exhibit D (Redacted))(McCullough, Christina)
November 30, 2022 Filing 37 Sealed Document: Intel's Reply in Support of its Motion to Transfer Venue to the Northern District of California, or, in the Alternative, to the District of Oregon of #22 Sealed Motion Intel's Opposed Motion to Transfer Venue to the Northern District of California or, in the Alternative, to the District of Oregon by Intel Corporation by Intel Corporation (Attachments: #1 Declaration of Janice L. Ta, #2 Exhibit A (Sealed), #3 Exhibit B, #4 Exhibit C, #5 Exhibit D (Sealed)) (McCullough, Christina)
November 17, 2022 Filing 36 CERTIFICATE OF SERVICE by BiTMICRO LLC #34 Sealed Document,,, (Flynn-O'Brien, Michael)
November 17, 2022 Filing 35 DEFICIENCY NOTICE: re #34 Sealed Document (lad)
November 16, 2022 Filing 34 Sealed Document: Response in Opposition of #22 Sealed Motion Intel's Opposed Motion to Transfer Venue to the Northern District of California or, in the Alternative, to the District of Oregon by Intel Corporation by BiTMICRO LLC (Attachments: #1 Flynn-O'Brien Decl., #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 Exhibit 24, #26 Exhibit 25, #27 Exhibit 26, #28 Exhibit 27, #29 Exhibit 28, #30 Exhibit 29, #31 Exhibit 30, #32 Exhibit 31, #33 Lagerman Decl., #34 Proposed Order) (Flynn-O'Brien, Michael)
November 9, 2022 Filing 33 BRIEF Defendants' Opening Claim Construction Brief by Intel Corporation. (Attachments: #1 Affidavit Declaration of Donald Alpert, PH.D, #2 Affidavit Declaration of Janice L. Ta in Support of Defendants' Opening Claim Construction Brief)(Campbell, Chad)
October 11, 2022 Filing 32 NOTICE of Attorney Appearance by Christina J. McCullough on behalf of Intel Corporation. Attorney Christina J. McCullough added to party Intel Corporation(pty:dft) (McCullough, Christina)
October 7, 2022 Opinion or Order Filing 31 ORDER GRANTING #30 Motion to Appear Pro Hac Vice for Attorney Corey Johanningmeier. Attorney added for BiTMICRO LLC. 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, if he/she has not previously done so for a prior case in this District. Registration is managed by the PACER Service Center. Signed by Judge Alan D Albright. (bot1)
October 5, 2022 Filing 30 MOTION to Appear Pro Hac Vice by B. Russell Horton for Corey Johanningmeier ( Filing fee $ 100 receipt number ATXWDC-16603556) by on behalf of BiTMICRO LLC. (Horton, B.)
September 16, 2022 Parties shall comply with Judge Albright's updated #standing orders available by clicking the included hyperlinks. The updated orders are as follows:1. #Standing Order Governing Proceedings Patent Cases,2. #Amended Standing Order On Pretrial Procedures and Requirements in Civil Cases. (bot4)
September 14, 2022 Opinion or Order Filing 29 ORDER GRANTING #26 Motion to Appear Pro Hac Vice for Attorney Tyler R. Bowen. Attorney added for Intel Corporation. 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, if he/she has not previously done so for a prior case in this District. Registration is managed by the PACER Service Center. Signed by Judge Alan D Albright. (bot2)
September 14, 2022 Opinion or Order Filing 28 ORDER GRANTING #27 Motion to Appear Pro Hac Vice for Attorney Nancy Cheng. Attorney added for Intel Corporation. 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, if he/she has not previously done so for a prior case in this District. Registration is managed by the PACER Service Center. Signed by Judge Alan D Albright. (bot1)
September 13, 2022 Filing 27 MOTION to Appear Pro Hac Vice by Janice L. Ta for Nancy Cheng ( Filing fee $ 100 receipt number ATXWDC-16517313) by on behalf of Intel Corporation. (Ta, Janice)
September 13, 2022 Filing 26 MOTION to Appear Pro Hac Vice by Janice L. Ta for Tyler R. Bowen ( Filing fee $ 100 receipt number ATXWDC-16517151) by on behalf of Intel Corporation. (Ta, Janice)
September 13, 2022 Filing 25 NOTICE of Attorney Appearance by Janice L. Ta on behalf of Intel Corporation (Ta, Janice)
August 31, 2022 Filing 24 NOTICE of Intent to Proceed with Venue Discovery by BiTMICRO LLC (Flynn-O'Brien, Michael)
August 26, 2022 Filing 23 Redacted Copy of #22 Sealed Motion Intel's Opposed Motion to Transfer Venue to the Northern District of California or, in the Alternative, to the District of Oregon by Intel Corporation by Intel Corporation. (Attachments: #1 Proposed Order, #2 Declaration of Janice L. Ta, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9, #12 Exhibit 10, #13 Exhibit 11, #14 Exhibit 12, #15 Exhibit 13, #16 Exhibit 14, #17 Exhibit 15, #18 Exhibit 16, #19 Exhibit 17, #20 Exhibit 18, #21 Exhibit 19, #22 Exhibit 20, #23 Exhibit 21, #24 Exhibit 22, #25 Exhibit 23, #26 Exhibit 24, #27 Exhibit 25, #28 Exhibit 26, #29 Exhibit 27, #30 Exhibit 28, #31 Exhibit 29, #32 Declaration of Deborah Stromberg, #33 Declaration of Yi Ding, #34 Declaration of William L. Jorns, #35 Declaration of Sridhar Rajagopal, #36 Declaration of Sreekanth Nallagtla, #37 Declaration of Pascal Veysseire)(Ta, Janice)
August 24, 2022 Filing 22 Sealed Motion Intel's Opposed Motion to Transfer Venue to the Northern District of California or, in the Alternative, to the District of Oregon by Intel Corporation (Attachments: #1 Proposed Order, #2 Declaration of Janice L. Ta, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4 (Sealed), #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9, #12 Exhibit 10, #13 Exhibit 11, #14 Exhibit 12 (Sealed), #15 Exhibit 13 (Sealed), #16 Exhibit 14, #17 Exhibit 15, #18 Exhibit 16, #19 Exhibit 17, #20 Exhibit 18, #21 Exhibit 19, #22 Exhibit 20, #23 Exhibit 21, #24 Exhibit 22, #25 Exhibit 23, #26 Exhibit 24, #27 Exhibit 25, #28 Exhibit 26, #29 Exhibit 27, #30 Exhibit 28, #31 Exhibit 29, #32 Declaration of Deborah Stromberg (Sealed), #33 Declaration of Yi Ding (Sealed), #34 Declaration of William L. Jorns (Sealed), #35 Declaration of Sridhar Rajagopal (Sealed), #36 Declaration of Sreekanth Nallagtla (Sealed), #37 Declaration of Pascal Veysseire (Sealed)) (Ta, Janice)
August 17, 2022 Filing 21 MOTION for Entry of Scheduling Order Deadlines by BiTMICRO LLC. (Flynn-O'Brien, Michael)
July 20, 2022 Filing 20 STATUS REPORT Case Readiness Status Report by BiTMICRO LLC. (Flynn-O'Brien, Michael)
July 13, 2022 Filing 19 Defendant Intel Corporation's Answer and Defenses to BiTMICRO LLC's Complaint for Patent Infringement ANSWER to #1 Complaint, with Jury Demand by Intel Corporation.(Campbell, Chad)
June 21, 2022 Filing 18 STIPULATION Joint Stipulation Resolving Defendant Intel Corporation's 12(b)(6) Motion to Dismiss by BiTMICRO LLC. (Attachments: #1 Proposed Order)(Flynn-O'Brien, Michael)
June 8, 2022 Filing 17 RULE 7 DISCLOSURE STATEMENT filed by Intel Corporation. (Ta, Janice)
June 6, 2022 Filing 16 Opposed MOTION to Dismiss by Intel Corporation. (Attachments: #1 Declaration of Janice L. Ta, #2 Exhibit A to Ta Declaration, #3 Proposed Order)(Ta, Janice)
April 25, 2022 Opinion or Order Filing 15 ORDER GRANTING #12 Motion to Appear Pro Hac Vice for Attorney Michael Flynn-O'Brien. Attorney added for BiTMICRO LLC. 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, if he/she has not previously done so for a prior case in this District. Signed by Judge Alan D Albright. (bot1)
April 25, 2022 Opinion or Order Filing 14 ORDER GRANTING #11 Motion to Appear Pro Hac Vice for Attorney Richard Lin. Attorney added for BiTMICRO LLC. 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, if he/she has not previously done so for a prior case in this District. Signed by Judge Alan D Albright. (bot1)
April 25, 2022 Opinion or Order Filing 13 ORDER GRANTING #10 Motion to Appear Pro Hac Vice for Attorney Denise M. De Mory. Attorney added for BiTMICRO LLC. 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, if he/she has not previously done so for a prior case in this District. Signed by Judge Alan D Albright. (bot1)
April 22, 2022 Filing 12 MOTION to Appear Pro Hac Vice by B. Russell Horton for Michael Flynn-O'Brien ( Filing fee $ 100 receipt number 0542-15957733) by on behalf of BiTMICRO LLC. (Horton, B.)
April 22, 2022 Filing 11 MOTION to Appear Pro Hac Vice by B. Russell Horton for Richard Lin ( Filing fee $ 100 receipt number 0542-15957724) by on behalf of BiTMICRO LLC. (Horton, B.)
April 22, 2022 Filing 10 MOTION to Appear Pro Hac Vice by B. Russell Horton for Denise M. De Mory ( Filing fee $ 100 receipt number 0542-15957688) by on behalf of BiTMICRO LLC. (Horton, B.)
April 22, 2022 Filing 9 SUMMONS Returned Executed by BiTMICRO LLC. to Intel Corporation (Horton, B.)
April 18, 2022 Filing 8 NOTICE of Extension of Time to Respond to Plaintiff's Complaint by Intel Corporation re #1 Complaint, (Ta, Janice)
April 18, 2022 Reset Deadlines: Intel Corporation answer due 6/6/2022. (lad)
April 14, 2022 Opinion or Order Filing 7 Standing Order Regarding Order Governing Proceedings Patent Cases. Signed by Judge Alan D Albright.
March 31, 2022 Filing 6 Summons Issued as to Intel Corporation. (sm3)
March 31, 2022 Filing 5 REQUEST FOR ISSUANCE OF SUMMONS by BiTMICRO LLC. to Intel Corporation (Horton, B.)
March 30, 2022 Filing 4 REQUEST FOR ISSUANCE OF SUMMONS by BiTMICRO LLC. to Intel Corporation (Horton, B.) (Main Document 4 replaced on 3/30/2022) (sv).
March 30, 2022 Filing 3 RULE 7 DISCLOSURE STATEMENT filed by BiTMICRO LLC. (Horton, B.)
March 30, 2022 Filing 2 Notice of Filing of Patent/Trademark Form (AO 120). AO 120 forwarded to the Director of the U.S. Patent and Trademark Office. (Horton, B.)
March 30, 2022 Filing 1 COMPLAINT for Patent Infringement ( Filing fee $ 402 receipt number 0542-15870449), filed by BiTMICRO LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Civil Cover Sheet)(Horton, B.)
March 30, 2022 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/
March 30, 2022 Case assigned to Judge Alan D Albright. 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. (sv)

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Plaintiff: BiTMICRO LLC
Represented By: Corey Johanningmeier
Represented By: Denise M. De Mory
Represented By: Michael Flynn-O'Brien
Represented By: Richard Lin
Represented By: B. Russell Horton
Represented By: Michael E Flynn-O'Brien
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Defendant: Intel Corporation
Represented By: Christina J McCullough
Represented By: Janice L. Ta
Represented By: Nancy Cheng
Represented By: Tyler R. Bowen
Represented By: Chad S. Campbell
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