XR Communications LLC v. HP Inc.
| XR Communications LLC and Vivato Technologies |
| HP Inc. |
| 3:2023cv01164 |
| March 17, 2023 |
| US District Court for the Northern District of California |
| Susan van Keulen |
| Trina L Thompson |
| Patent |
| 35 U.S.C. § 271 Patent Infringement |
| Both |
Docket Report
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This docket was last retrieved on June 2, 2023. A more recent docket listing may be available from PACER.
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| Filing 67 CLERKS NOTICE - SETTING REASSIGNED CASE - NOTICE OF NEW HEARING DATE: You are notified that the Court has scheduled an Initial Case Management Conference before Judge Trina L. Thompson upon reassignment. For a copy of Judge Thompson's Standing Order and other information, please refer to the Court's website at www.cand.uscourts.gov. Initial Case Management Conference set for 6/29/2023 at 2:00 PM in San Francisco - Videoconference Only. This proceeding will be held via a Zoom webinar. Joint Case Management Statement due by 6/22/2023.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/trina-l-thompson/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/. (This is a text-only entry generated by the court. There is no document associated with this entry.) (rfm, COURT USER) (Filed on 5/17/2023) |
Filing 66
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Trina L Thompson for all further proceedings. Magistrate Judge Susan van Keulen no longer assigned to case. Reassignment Order signed cy Clerk on Clerk on 5/17/2023. (bw, COURT STAFF) (Filed on 5/17/2023)
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| Filing 65 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. (jhf, COURT STAFF) (Filed on 5/16/2023) |
| Filing 64 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by HP Inc... (Prescott, Katherine) (Filed on 5/16/2023) |
| Filing 63 FINAL CLERK'S NOTICE Re: Consent or Declination: Defendant HP Inc. 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 5/23/2023. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jhf, COURT STAFF) (Filed on 5/16/2023) |
| Filing 62 STIPULATION EXTENDING TIME FOR HP TO CONSENT OR DECLINE TO PROCEED BEFORE A MAGISTRATE JUDGE filed by HP Inc.. (Attachments: #1 Declaration Declaration of Katherine D. Prescott In Support Of Stipulation Extending Time for HP to Consent or Decline to Proceed Before a Magistrate Judge)(Prescott, Katherine) (Filed on 4/14/2023) |
| Filing 61 CLERK'S NOTICE Re: Consent or Declination: Defendant(s) 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 4/17/2023. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jhf, COURT STAFF) (Filed on 4/3/2023) |
| Filing 60 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by XR Communications LLC.. (Mirzaie, Reza) (Filed on 3/23/2023) |
| Filing 59 Brief Regarding Berkshire Hathaway's Interest in HP filed byHP Inc.. (Prescott, Katherine) (Filed on 3/22/2023) |
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Filing 58
ORDER FOR BRIEFING RE CONTROLLING INTEREST. Signed by Judge Susan van Keulen on 3/21/2023. (svklc1, COURT STAFF) (Filed on 3/21/2023)
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| Filing 57 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 6/6/2023. Initial Case Management Conference set for 6/13/2023 09:30 AM in San Jose, Courtroom 6, 4th Floor. (cv, COURT STAFF) (Filed on 3/17/2023) |
| Filing 56 Case transferred in from District of Texas Western; Case Number 6:21-cv-00694. Original file certified copy of transfer order and docket sheet received. |
| 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) |
| Filing 55 Redacted Copy of #53 Order on Motion to Change Venue. (lad) |
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Filing 54
ORDER CANCELLING MARKMAN HEARING. Signed by Judge Alan D Albright. (lad)
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Filing 53
Sealed ORDER GRANTING #27 Motion to Change Venue to the Northern District of California. Signed by Judge Alan D Albright. (lad)
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| Filing 52 REPLY to Response to Motion, filed by HP Inc., re #27 Opposed MOTION to Change Venue to the Northern District of California Under 28 U.S.C. Section 1404(a) filed by Defendant HP Inc. (Attachments: #1 Affidavit Declaration of Katherine D. Prescott In Support Of Defendant HP Inc.'s Reply In Support Of Its Opposed Motion to Transfer Venue To The Northern District of California Under 28 U.S.C. 1404(a), #2 Exhibit 14, #3 Exhibit 15, #4 Exhibit 16, #5 Exhibit 17, #6 Exhibit 18, #7 Exhibit 19, #8 Exhibit 20, #9 Exhibit 21)(Prescott, Katherine) |
| Filing 51 STATUS REPORT (FURTHER) REGARDING MOTION TO TRANSFER VENUE (Dkt. #27 ) by HP Inc.. (Prescott, Katherine) |
| Filing 50 Sealed Document: OPPOSITION TO HPs MOTION TO TRANSFER VENUE TO THE NORTHERN DISTRICT OF CALIFORNIA UNDER 28 U.S.C. 1404(a) of #27 Opposed MOTION to Change Venue to the Northern District of California Under 28 U.S.C. Section 1404(a) by XR Communications LLC (Attachments: #1 Declaration of Minna Chan, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7) (Mirzaie, Reza) |
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Filing 49
ORDER RESETTING Zoom Markman Hearing for 8/5/2022 09:30 AM before Judge Alan D Albright. Signed by Judge Alan D Albright. (bot1)
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| Filing 48 BRIEF JOINT CLAIM CONSTRUCTION STATEMENT by XR Communications LLC. (Mirzaie, Reza) |
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Filing 47
ORDER GRANTING #45 Motion to Appear Pro Hac Vice for Attorney Raj Utreja. Attorney added for HP Inc. 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)
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| Filing 46 NOTICE of Attorney Appearance by David M. Hoffman on behalf of HP Inc.. Attorney David M. Hoffman added to party HP Inc.(pty:cc), Attorney David M. Hoffman added to party HP Inc.(pty:dft) (Hoffman, David) |
| Filing 45 MOTION to Appear Pro Hac Vice by David M. Hoffman for Raj Utreja ( Filing fee $ 100 receipt number 0542-16114599) by on behalf of HP Inc.. (Hoffman, David) |
| Filing 44 NOTICE OF AGREED EXTENSION OF DEADLINE FOR TECHNOLOGY TUTORIALS by HP Inc. (Kazi, Aamir) |
| Filing 43 BRIEF Plaintiff XR Communications LLC dba Vivato Technologies Sur-Reply Claim Construction Brief regarding #39 Claim Construction Brief by XR Communications LLC. (Mirzaie, Reza) |
| Filing 42 STATUS REPORT (Further) Re Motion to Transfer Venue re #27 by HP Inc.. (Prescott, Katherine) Modified on 6/3/2022 to link to Motion (zv). |
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Filing 41
ORDER, (Markman Hearing RESET for 7/1/2022 01:30 PM before Judge Alan D Albright). Signed by Judge Alan D Albright. (bot2)
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| Filing 40 AFFIDAVIT in Support of #39 Claim Construction Brief by HP Inc.. (Attachments: #1 Exhibit LL, #2 Exhibit MM, #3 Exhibit NN)(Kazi, Aamir) |
| Filing 39 Reply Claim Construction Brief re #37 by HP Inc.. (Kazi, Aamir) Modified on 5/23/2022 to link document (zv). |
| Filing 38 STATUS REPORT Regarding Motion to Transfer re #27 by HP Inc.. (Prescott, Katherine) Modified on 5/19/2022 to link to Motion (zv). |
| Filing 37 Opening Claim Construction Brief by XR Communications LLC. (Attachments: #1 Declaration of James N. Pickens, #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)(Mirzaie, Reza) |
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Filing 36
ORDER APPOINTING TECHNICAL ADVISOR. Signed by Judge Alan D Albright. (lad)
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| Filing 35 AFFIDAVIT in Support of #34 Claim Construction Brief by HP Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit AA, #14 Exhibit BB, #15 Exhibit CC, #16 Exhibit DD, #17 Exhibit EE, #18 Exhibit FF, #19 Exhibit GG, #20 Exhibit HH, #21 Exhibit II, #22 Exhibit JJ, #23 Exhibit KK)(Kazi, Aamir) |
| Filing 34 Opening Claim Construction Brief by HP Inc.. (Kazi, Aamir) |
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Filing 33
Standing Order Regarding Order Governing Proceedings Patent Cases. Signed by Judge Alan D Albright.
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Filing 32
ORDER GRANTING #31 Motion to Appear Pro Hac Vice for Attorney Katherine D. Prescott. Attorney added for HP Inc. 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. (bot2)
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| Filing 31 MOTION to Appear Pro Hac Vice by W. Thomas Jacks on behalf of Katherine D. Prescott ( Filing fee $ 100 receipt number 0542-15922743) by on behalf of HP Inc.. (Attachments: #1 Proposed Order)(Jacks, W.) |
| Filing 30 RULE 7 DISCLOSURE STATEMENT filed by HP Inc.. (Kazi, Aamir) |
| Filing 29 Redacted Copy re #28 Declaration Of Alexander Thatcher In Support of #27 Opposed MOTION to Change Venue to the Northern District of California Under 28 U.S.C. Section 1404(a) by HP Inc.. (Attachments: #1 Exhibit A - Thatcher Declaration)(Davis, Ahmed) Modified on 4/8/2022 to link to correct document(zv). |
| Filing 28 Sealed Document: Declaration Of Alexander Thatcher in Support of #27 Opposed MOTION to Change Venue to the Northern District of California Under 28 U.S.C. Section 1404(a) by HP Inc. (Davis, Ahmed) |
| Filing 27 Opposed MOTION to Change Venue to the Northern District of California Under 28 U.S.C. Section 1404(a) by HP Inc.. (Attachments: #1 Affidavit Declaration of Katherine D. Prescott, #2 Exhibit 1 - Prescott Declaration, #3 Exhibit 2 - Prescott Declaration, #4 Exhibit 3 - Prescott Declaration, #5 Exhibit 4 - Prescott Declaration, #6 Exhibit 5 - Prescott Declaration, #7 Exhibit 6 - Prescott Declaration, #8 Exhibit 7 - Prescott Declaration, #9 Exhibit 8 - Prescott Declaration, #10 Exhibit 9 - Prescott Declaration, #11 Exhibit 10 - Prescott Declaration, #12 Exhibit 11 - Prescott Declaration, #13 Exhibit 12 - Prescott Declaration, #14 Exhibit 13 - Prescott Declaration, #15 Proposed Order)(Davis, Ahmed) |
| Filing 26 NOTICE OF AGREED EXTENSION OF DEADLINE TO EXCHANGE PROPOSED CLAIM CONSTRUCTIONS by HP Inc. (Kazi, Aamir) |
| Parties shall comply with Judge Albright's updated #standing orders and # COVID-19 standing order available by clicking the included hyperlinks. The updated orders are as follows:1. #Standing Order Regarding Notice of Readiness for Patent Cases 030722,2. #Standing Order on Pretrial Procedures and Requirements in Civil Cases 030722,3. #Standing Order Governing Proceedings 4.0 - Patent Cases 030722,4. #Amended Standing Order Regarding Coronavirus (COVID-19) and Court Proceedings,5. #Amended Standing Order Regarding Joint Or Unopposed Request To Change Deadlines 030722,6. #Amended Standing Order Regarding Filing Documents Under Seal and Redacted Public Versions 030722. (jkda) |
| Filing 25 NOTICE OF IPR PETITION by XR Communications LLC (Mirzaie, Reza) |
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Filing 24
ORDER GRANTING #23 Motion for Entry of Scheduling Order Markman Hearing set for 6/16/2022 01:00 PM before Judge Alan D Albright. Joinder of Parties due by 7/29/2022. Amended Pleadings due by 10/7/2022. Dispositive Motions due by 3/31/2023. Pretrial Conference set for 6/2/2023 before Judge Alan D Albright. Jury Selection set for 6/23/2023 before Judge Jeffrey C. Manske. Jury Trial set for 6/23/2023 before Judge Alan D Albright. Signed by Judge Alan D Albright. (zv)
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| Filing 23 Joint MOTION for Entry of Scheduling Order Deadlines by XR Communications LLC. (Attachments: #1 Exhibit A)(Mirzaie, Reza) |
| Filing 22 STIPULATION JOINT NOTICE OF STIPULATION TO CHANGE CERTAIN DEADLINES by XR Communications LLC. (Mirzaie, Reza) |
| Filing 21 RESPONSE -- XR COMMUNICATIONS, LLC'S ANSWER TO HP INC.'S COUNTERCLAIMS to #18 Answer to Complaint, Counterclaim by XR Communications LLC. (Mirzaie, Reza) |
| Filing 20 STATUS REPORT -- CASE READINESS STATUS REPORT by XR Communications LLC. (Mirzaie, Reza) |
| Filing 19 RULE 7 DISCLOSURE STATEMENT filed by HP Inc.. (Kazi, Aamir) |
| Filing 18 ANSWER to #1 Complaint with Jury Demand , COUNTERCLAIM against XR Communications LLC by HP Inc..(Kazi, Aamir) |
| Filing 17 NOTICE of Attorney Appearance by Jason M Wietholter on behalf of XR Communications LLC. Attorney Jason M Wietholter added to party XR Communications LLC(pty:pla) (Wietholter, Jason) |
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Filing 16
ORDER GRANTING #7 Motion for Extension of Time to Answer re #1 Complaint; HP Inc. answer due 12/6/2021. Signed by Judge Alan D Albright. (jc5)
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Filing 15
Standing Order Regarding Order Governing Proceedings Patent Cases. Signed by Judge Alan D Albright.
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| Filing 14 STIPULATION (JOINT) TO DISMISS PLAINTIFF'S INDUCED AND CONTRIBUTORY INFRINGEMENT ALLEGATIONS AND REQUESTS FOR ENHANCED DAMAGES AND PERMANENT INJUNCTIVE RELIEF by HP Inc.. (Attachments: #1 Proposed Order)(Kazi, Aamir) |
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Filing 13
ORDER GRANTING #10 Motion to Appear Pro Hac Vice for Attorney Ahmed J. Davis. Attorney added for HP Inc. 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. (jkda)
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Filing 12
ORDER GRANTING #11 Motion to Appear Pro Hac Vice for Attorney Aamir A. Kazi. Attorney added for HP Inc. 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. (jkda)
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| Filing 11 MOTION to Appear Pro Hac Vice by W. Thomas Jacks on behalf of Aamir A. Kazi ( Filing fee $ 100 receipt number 0542-15150924) by on behalf of HP Inc.. (Attachments: #1 Proposed Order)(Jacks, W.) |
| Filing 10 MOTION to Appear Pro Hac Vice by W. Thomas Jacks on behalf of Ahmed J. Davis ( Filing fee $ 100 receipt number 0542-15150803) by on behalf of HP Inc.. (Attachments: #1 Proposed Order)(Jacks, W.) |
| Filing 9 STIPULATION FOR EXTENSION OF TIME TO ANSWER OR OTHERWISE RESPOND TO COMPLAINT by HP Inc.. (Jacks, W.) |
| Reset Deadlines: HP Inc. answer due 9/23/2021. (ir) |
| Filing 8 NOTICE of Attorney Appearance by W. Thomas Jacks on behalf of HP Inc.. Attorney W. Thomas Jacks added to party HP Inc.(pty:dft) (Jacks, W.) |
| Filing 7 Unopposed MOTION for Extension of Time to File Answer re #1 Complaint by HP Inc.. (Attachments: #1 Proposed Order)(Jacks, W.) |
| Filing 6 Summons Issued as to HP Inc.. (lad) |
| All parties shall comply with the Standing Orders located at https://www.txwd.uscourts.gov/judges-information/standing-orders/. (lad) |
| 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. (lad) |
| Filing 5 NOTICE OF RELATED CASES by XR Communications LLC re #1 Complaint (Mirzaie, Reza) |
| Filing 4 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 3 RULE 7 DISCLOSURE STATEMENT filed by XR Communications LLC. (Mirzaie, Reza) |
| Filing 2 REQUEST FOR ISSUANCE OF SUMMONS by XR Communications LLC. (Mirzaie, Reza) |
| Filing 1 COMPLAINT FOR PATENT INFRINGEMENT AGAINST HP INC. ( Filing fee $ 402 receipt number 0542-14975522), filed by XR Communications LLC. (Attachments: #1 Exhibit, #2 Civil Cover Sheet)(Mirzaie, Reza) |
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