Lexos Media IP, LLC v. eBay, Inc.
| Lexos Media IP, LLC |
| EBay Inc |
| 3:2023cv06314 |
| December 6, 2023 |
| US District Court for the Northern District of California |
| Lisa J Cisneros |
| Rita F Lin |
| Patent |
| 35 U.S.C. § 271 Patent Infringement |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on January 30, 2024. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 103 STATEMENT OF RECENT DECISION pursuant to Civil Local Rule 7-3.d filed byEBay Inc. (Attachments: #1 Exhibit A - Order on Summary Judgment)(Related document(s) #34 ) (Raskin, Joshua) (Filed on 1/30/2024) |
Filing 102
ORDER by Judge Rita F. Lin granting #97 Motion for Pro Hac Vice as to Eric W. Buether. (mkl, COURT STAFF) (Filed on 1/5/2024)
|
|
Filing 101
ORDER by Judge Rita F. Lin granting #96 Motion for Pro Hac Vice as to Kathryn E. Albanese. (mkl, COURT STAFF) (Filed on 1/5/2024)
|
|
Filing 100
ORDER by Judge Rita F. Lin granting #95 Motion for Pro Hac Vice as to Brian J. Prew. (mkl, COURT STAFF) (Filed on 1/5/2024)
|
|
Filing 99
ORDER by Judge Rita F. Lin granting #94 Motion for Pro Hac Vice as to Vimal M. Kapadia. (mkl, COURT STAFF) (Filed on 1/5/2024)
|
|
Filing 98
ORDER by Judge Rita F. Lin granting #93 Motion for Pro Hac Vice as to Joshua L. Raskin. (mkl, COURT STAFF) (Filed on 1/5/2024)
|
| Filing 97 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 328, receipt number ACANDC-18996159.) filed by Lexos Media IP, LLC. (Buether, Eric) (Filed on 1/5/2024) |
| Filing 96 MOTION for leave to appear in Pro Hac Vice for Kathryn E. Albanese ( Filing fee $ 328, receipt number ACANDC-18995250.) filed by EBay Inc. (Attachments: #1 Certificate of Good Standing)(Albanese, Kathryn) (Filed on 1/5/2024) |
| Filing 95 MOTION for leave to appear in Pro Hac Vice for Brian J. Prew ( Filing fee $ 328, receipt number ACANDC-18995038.) filed by EBay Inc. (Attachments: #1 Certificate of Good Standing)(Prew, Brian) (Filed on 1/5/2024) |
| Filing 94 MOTION for leave to appear in Pro Hac Vice for Vimal M. Kapadia ( Filing fee $ 328, receipt number ACANDC-18994232.) filed by EBay Inc. (Attachments: #1 Certificate of Good Standing)(Kapadia, Vimal) (Filed on 1/5/2024) |
| Filing 93 MOTION for leave to appear in Pro Hac Vice for Joshua L. Raskin ( Filing fee $ 328, receipt number ACANDC-18994145.) filed by EBay Inc. (Attachments: #1 Certificate of Good Standing)(Raskin, Joshua) (Filed on 1/5/2024) |
| Filing 92 Renotice motion hearing re #34 MOTION to Dismiss Second Amended Complaint filed byEBay Inc. (Related document(s) #34 ) (Brown, Nicholas) (Filed on 1/3/2024) |
| Set/Reset Deadlines as to #34 MOTION to Dismiss Second Amended Complaint. Motion Hearing set for 2/27/2024 10:00 AM in San Francisco, Courtroom 15, 18th Floor before Judge Rita F. Lin. (mkl, COURT STAFF) (Filed on 1/3/2024) |
| Filing 91 CLERK'S NOTICE Setting Case Management Conference Upon Reassignment: Notice is hereby given that an Initial Case Management Conference is set before Judge Rita F. Lin upon reassignment. For a copy of Judge Lin's Standing Order and other information, please refer to the Court's website at #https://www.cand.uscourts.gov/judges/lin-rita-f-rfl/. Case Management Statement due by 3/6/2024. Initial Case Management Conference set for 3/13/2024 10:00 AM in San Francisco - 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/judges/lin-rita-f-rfl/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.)(mkl, COURT STAFF) (Filed on 12/22/2023) |
|
Filing 90
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Rita F. Lin for all further proceedings. Magistrate Judge Lisa J. Cisneros 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 12/22/2023. (Attachments: #1 Notice of Eligibility for Video Recording)(mbc, COURT STAFF) (Filed on 12/22/2023)
|
| Filing 89 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. (bns, COURT STAFF) (Filed on 12/21/2023) |
| Filing 88 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by EBay Inc.. (Brown, Nicholas) (Filed on 12/21/2023) |
| Filing 87 NOTICE of Appearance by Nicholas A. Brown (Brown, Nicholas) (Filed on 12/21/2023) |
| Filing 86 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Lexos Media IP, LLC.. (Dupree, Jamie) (Filed on 12/20/2023) |
| Filing 85 NOTICE of Appearance by Jamie L. Dupree and Jaime G. Touchstone as Local Counsel for Plaintiff (Dupree, Jamie) (Filed on 12/11/2023) |
| Filing 84 CLERK'S NOTICE Re: Consent or Declination: Plaintiff and Defendant 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 12/26/2023. (This is a text-only entry generated by the court. There is no document associated with this entry.) (bns, COURT STAFF) (Filed on 12/11/2023) |
| Filing 83 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 2/29/2024. Initial Case Management Conference set for 3/7/2024 01:30 PM in San Francisco, Courtroom G, 15th Floor. (dhm, COURT STAFF) (Filed on 12/6/2023) |
| Filing 82 Case transferred in from District of Texas Western; Case Number 6:22-cv-00648. Original file certified copy of transfer order and docket sheet received. |
|
Filing 81
Sealed Order Granting #38 Sealed Motion DEFENDANTS OPPOSED MOTION TO TRANSFER VENUE TO THE NORTHERN DISTRICT OF CALIFORNIA. Signed by Judge Alan D Albright. (zv)
|
| Filing 80 NOTICE of Additional Authority by Lexos Media IP, LLC re #62 Memorandum in Support, (Kula, Kenneth) |
|
Filing 79
ORDER CANCELLING MARKMAN HEARING HELD IN PERSON. MARKMAN HEARING HELD IN PERSON on Tuesday, November 07, 2023 at 02:30 PM is hereby CANCELLED until further order of the court and will be reset for a later time. Signed by Judge Derek T. Gilliland. (cv)
|
| Filing 78 NOTICE of Additional Authority by Lexos Media IP, LLC re #77 Order, Set Hearings (Attachments: #1 Exhibit Order on Claim Construction from E.D. Tex.)(Kula, Kenneth) |
|
Filing 77
ORDER RESETTING Markman Hearing for 11/7/2023 02:30 PM in Waco before Judge Derek T. Gilliland. Signed by Judge Derek T. Gilliland. (bot1)
|
| Filing 76 Pretrial Disclosures Parties' Joint Claim Construction and Prehearing Statement by Lexos Media IP, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Buether, Eric) |
| Filing 75 Sur-Reply Claim Construction Brief by Lexos Media IP, LLC. (Attachments: #1 Exhibit E.D. Tex. Court's Preliminary Constructions issued October 12, 2023 regarding same Patents-in-Suit and related Claim Terms)(Kula, Kenneth) |
|
Text Order GRANTING #74 Motion for Extension of Time to File Response/Reply re #74 Opposed MOTION for Extension of Time to File Response/Reply as to #72 Claim Construction Brief, and Amend Scheduling Order accordingly entered by Judge Alan D Albright. Came on for consideration is Plaintiff's opposed Motion to Amend the Scheduling Order. Plaintiff requests a two-day extension of the deadlines for Plaintiff to submit its sur-reply claim construction brief, for the parties to submit the Joint Claim Construction Statement, and for the parties to submit the optional technology tutorials. Although Defendant opposes, the Court finds that the reasons Plaintiff advances in its brief constitute good cause for the requested extensions. Accordingly, the Court GRANTS the motion. Plaintiff shall have up to and including October 13, 2023, to submit its sur-reply claim construction brief. The parties shall have up to and including October 17, 2023, to submit the Joint Claim Construction Statement. The parties shall have up to and including October 18, 2023, to submit their optional technology tutorials. (This is a text-only entry generated by the court. There is no document associated with this entry.) (kylc)
|
| Filing 74 Opposed MOTION for Extension of Time to File Response/Reply as to #72 Claim Construction Brief, and Amend Scheduling Order accordingly by Lexos Media IP, LLC. (Attachments: #1 Affidavit Kula Declaration in Support of Motion to Amend Scheduling Oreder, #2 Exhibit email chain between counsel, #3 Proposed Order Amended Scheduling Order)(Kula, Kenneth) |
| Filing 73 Redacted Public Version of Reply Brief in Support of Motion to Transfer to the Northern District of California of #67 Sealed Document, by eBay, Inc.. (Raskin, Joshua) |
| Filing 72 Reply Claim Construction Brief by eBay, Inc.. (Attachments: #1 Affidavit Declaration of Joshua L. Raskin in Support of eBay's Reply Claim Construction Brief, #2 Exhibit 17, #3 Exhibit 18, #4 Exhibit 19, #5 Exhibit 20, #6 Exhibit 21)(Raskin, Joshua) |
|
Filing 71
ORDER Setting Markman Hearing for 11/9/2023 09:00 AM in Waco before Judge Derek T. Gilliland. Signed by Judge Derek T. Gilliland. (bot1)
|
|
Filing 70
ORDER of Limited Referral (MARKMAN HEARING ORDER): the Markman hearing and claim construction order are referred to United States Magistrate Judge Derek T. Gilliland. Signed by Judge Alan D Albright. (zv)
|
| Filing 69 NOTICE Notice on the Status of Briefing of eBay's Motion to Transfer re #38 by eBay, Inc. (Raskin, Joshua) Modified on 9/29/2023 to link to Motion (zv). |
| Filing 68 AFFIDAVIT in Support of #67 Sealed Document, DECLARATION OF JOSHUA L. RASKIN IN SUPPORT OF DEFENDANT EBAY, INC.S REPLY IN SUPPORT OF ITS MOTION by eBay, Inc.. (Attachments: #1 Exhibit T, #2 Exhibit W, #3 Exhibit X)(Raskin, Joshua) |
| Filing 67 Sealed Document: Ebay's Reply in Support of Motion to Transfer of #38 Sealed Motion DEFENDANTS OPPOSED MOTION TO TRANSFER VENUE TO THE NORTHERN DISTRICT OF CALIFORNIA by eBay, Inc. by eBay, Inc. (Attachments: #1 Exhibit P, #2 Exhibit Q, #3 Exhibit R, #4 Exhibit S, #5 Exhibit U, #6 Exhibit V) (Raskin, Joshua) |
| Filing 66 NOTICE of Attorney Appearance by Michael William Doell on behalf of Lexos Media IP, LLC. Attorney Michael William Doell added to party Lexos Media IP, LLC(pty:pla) (Doell, Michael) |
|
Text Order MOOTING #15 Motion to Dismiss for Failure to State a Claim entered by Judge Alan D Albright. Came on for consideration is Defendant's motion. In light of the filing of Second Amended Complaint #29 , the Court hereby MOOTS the motion. See Good River Farms, LP v. TXI Operations, LP, No. 1:17-cv-1117-RP, 2018 WL 1770494, at *3 (W.D. Tex. Apr. 12, 2018) ("When a plaintiff files an amended complaint while a motion to dismiss is pending, courts often dismiss the motion to dismiss as moot."). (This is a text-only entry generated by the court. There is no document associated with this entry.) (kylc)
|
| Filing 65 ATTACHMENT Exhibit 7 to #62 Memorandum in Support, by Lexos Media IP, LLC. (Buether, Eric) |
| Filing 64 Sealed Document: Lexos Media's CORRECTED Response to eBay's Opposed Motion to Transfer Venue by Lexos Media IP, LLC (Buether, Eric) |
| Filing 63 ATTACHMENT Exhibits 6 and 8 to #62 Memorandum in Support, by Lexos Media IP, LLC. (Attachments: #1 Exhibit)(Buether, Eric) |
| Filing 62 Memorandum in Support Plaintiff's Response to eBay's Claim Construction by Lexos Media IP, LLC. (Attachments: #1 Exhibit PTAB Decision on '102 Patent, #2 Errata PTAB Decision on '449 Patent, #3 Exhibit Federal Circuit AFFIRMANCE of PTAB Decisions on '102 and '449 patents, #4 Exhibit eBay's proposed Terms, #5 Exhibit eBay's proposed Constructions)(Kula, Kenneth) |
| DEFICIENCY NOTICE: re #64 Sealed Document. Though a Notice goes out to all attys, the document filed is not accessible. Please secure the means of service (excluding CM/ECF) and file a corrected Certificate of Service linked to document #64. Thank you. (see Local Rule CV-5.2(e)) (zv) (zv) |
| Filing 61 NOTICE of Unopposed Extension of Deadline by Lexos Media IP, LLC re #54 Brief, #33 Order on Motion for Entry of Scheduling Order, (Attachments: #1 Exhibit Declaration of Kenneth P. Kula, #2 Proposed Order)(Kula, Kenneth) |
| Filing 60 Unopposed MOTION for Extension of Time to File Response/Reply as to #54 Brief, #58 Unopposed MOTION to Amend/Correct Scheduling Order, #59 Attachment by Lexos Media IP, LLC. (Attachments: #1 Exhibit Declaration of Kenneth P. Kula in Support of Extension of Time to File Response, #2 Proposed Order Scheduling Order with new Response deadline of September 13 and Reply deadline of October 2, 2023)(Kula, Kenneth) |
| DEFICIENCY NOTICE: re #60 Unopposed MOTION for Extension of Time to File Response/Reply as to #54 Brief, #58 Unopposed MOTION to Amend/Correct Scheduling Order, #59 Attachment . Pursuant to Standing Order in Patent Cases, agreed extensions that do not change hearing/trial dates must be filed in the form of a Notice. Instant Motion has been terminated and no order will issue. Please refile in form of a Notice. Thank you. (zv) |
|
Text Order MOOTING #58 Motion to Amend/Correct entered by Judge Alan D Albright. Came on for consideration is Plaintiff's unopposed motion to amend the scheduling order. In light of this Court's Amended Standing Order Regarding Joint or Unopposed Request to Change Deadlines and the filing of #61 Notice of Unopposed Extension of Deadline, the motion is MOOTED. (This is a text-only entry generated by the court. There is no document associated with this entry.) (kylc)
|
| Filing 59 ATTACHMENT Amended Scheduling Order to #58 Unopposed MOTION to Amend/Correct Scheduling Order by Lexos Media IP, LLC. (Buether, Eric) |
| DEFICIENCY NOTICE: re #58 Unopposed MOTION to Amend/Correct Scheduling Order. Please refer to Judge Albright's Order Governing Proceedings in Patent Cases. Proposed Orders should not contain the word proposed in the title. The Motion will stay on the case as filed, but please file a corrected Order as an Attachment to doc #58. Thank you. (zv) |
| Filing 58 Unopposed MOTION to Amend/Correct Scheduling Order by Lexos Media IP, LLC. (Attachments: #1 Proposed Order Proposed Amended Scheduling Order)(Buether, Eric) |
| Filing 57 NOTICE of Authority relevant to Claim Construction by Lexos Media IP, LLC re #54 Brief, (Attachments: #1 Exhibit Memorandum and Opinion on Claim Construction from E.D. Tex.)(Kula, Kenneth) |
| Filing 56 CERTIFICATE OF SERVICE by Lexos Media IP, LLC #55 Sealed Document, (Buether, Eric) |
| DEFICIENCY NOTICE: re #55 Sealed Document. The Certificate of Service states that service was accomplished via CM/ECF, however that is not possible with sealed documents. Though a Notice goes out to all attys, the document filed is not accessible. Please secure another means of service and file a corrected Certificate of Service linked to document #55. Thank you. (see Local Rule CV-5.2(e)) (zv) |
| Filing 55 Sealed Document: Lexos Media's Response in Opposition of #38 Sealed Motion DEFENDANTS OPPOSED MOTION TO TRANSFER VENUE TO THE NORTHERN DISTRICT OF CALIFORNIA by eBay, Inc. by Lexos Media IP, LLC (Attachments: #1 Affidavit Declaration of Eric Buether, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G) (Buether, Eric) |
| Filing 54 BRIEF eBay's Opening Claim Construction Brief by eBay, Inc.. (Attachments: #1 Affidavit Declaration of Kevin Almeroth, #2 Affidavit Declaration of Joshua Raskin, #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)(Raskin, Joshua) |
| Filing 53 NOTICE of Unopposed Extension to Venue-related Discovery by Lexos Media IP, LLC re #44 Notice (Other) (Kula, Kenneth) |
| Filing 52 Unopposed MOTION for Extension of Time to Complete Discovery related to Venue pursuant to OGP 4.3 by Lexos Media IP, LLC. (Kula, Kenneth) |
| Filing 51 REPLY to Response to Motion, filed by eBay, Inc., re #34 MOTION to Dismiss Second Amended Complaint filed by Defendant eBay, Inc. (Raskin, Joshua) |
| DEFICIENCY NOTICE: re #52 Unopposed MOTION for Extension of Time to Complete Discovery related to Venue pursuant to OGP 4.3. Pursuant to Standing Order in Patent Cases, for all non-dispositive motions, the parties shall submit a proposed Order. The proposed Order shall omit the word "proposed" from the title. Please file an Order using the attachment event and link to Motion. Thank you. (zv) |
| DEFICIENCY NOTICE: re #52 Unopposed MOTION for Extension of Time to Complete Discovery related to Venue pursuant to OGP 4.3. Please disregard previous Deficiency Notice. Pursuant to Standing Order in Patent Cases, agreed extensions that do not change hearing/trial dates must be filed in the form of a Notice. Instant Motion has been terminated and no order will issue. Please refile in form of a Notice. Thank you. (zv) |
| Filing 50 MOTION for Extension of Time to File Response/Reply as to #34 MOTION to Dismiss Second Amended Complaint by eBay, Inc.. (Raskin, Joshua) |
|
Text Order GRANTING #50 Motion for Extension of Time to File Response/Reply re #50 MOTION for Extension of Time to File Response/Reply as to #34 MOTION to Dismiss Second Amended Complaint entered by Judge Alan D Albright. (This is a text-only entry generated by the court. There is no document associated with this entry.) (NMlc)
|
| Filing 49 NOTICE of PTO Decision by Lexos Media IP, LLC re #34 MOTION to Dismiss Second Amended Complaint (Attachments: #1 Exhibit Decision on Petition, #2 Exhibit Petition for Director Review, #3 Exhibit Petition in the Alternative)(Kula, Kenneth) |
| Filing 48 NOTICE re: Incorporation by Reference by Lexos Media IP, LLC re #47 Response in Opposition to Motion,, (Kula, Kenneth) |
| Filing 47 Response in Opposition to Motion, filed by Lexos Media IP, LLC, re #34 MOTION to Dismiss Second Amended Complaint filed by Defendant eBay, Inc. (Attachments: #1 Exhibit Transmittal Letter, #2 Exhibit U.S. Patent No. 7,111,254, #3 Exhibit 37 C.F.R. 1.77, #4 Exhibit MPEP 601.03, #5 Exhibit MPEP 608.01, #6 Exhibit BIB Data Sheet, #7 Exhibit Patent App Publication, #8 Exhibit 37 C.F.R. 1.76 as of 2004, #9 Exhibit MPEP 601.05, #10 Exhibit 65 F.R. 54604-01, #11 Exhibit 37 C.F.R. 1.76 as of 2012, #12 Proposed Order Denying eBay Motion to Dismiss)(Kula, Kenneth) |
| Filing 46 NOTICE of Agreed Extension of Deadline by Lexos Media IP, LLC re #45 Notice (Other), #34 MOTION to Dismiss Second Amended Complaint (Kula, Kenneth) |
| Filing 45 NOTICE of Unopposed Extension to Respond by Lexos Media IP, LLC re #34 MOTION to Dismiss Second Amended Complaint (Kula, Kenneth) |
| Filing 44 NOTICE of Venue or Jurisdictional Discovery by Lexos Media IP, LLC re #38 Sealed Motion DEFENDANTS OPPOSED MOTION TO TRANSFER VENUE TO THE NORTHERN DISTRICT OF CALIFORNIA by eBay, Inc. (Kula, Kenneth) |
| Filing 43 Redacted Public Version of #38 Sealed Motion DEFENDANTS OPPOSED MOTION TO TRANSFER VENUE TO THE NORTHERN DISTRICT OF CALIFORNIA by eBay, Inc. by eBay, Inc.. (Raskin, Joshua) |
|
Filing 42
ORDER GRANTING #37 Motion to Appear Pro Hac Vice for Attorney Brian Prew. Attorney added for eBay, 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. Registration is managed by the PACER Service Center. Signed by Judge Alan D Albright. (bot1)
|
|
Filing 41
ORDER GRANTING #36 Motion to Appear Pro Hac Vice for Attorney Vimal Kapadia. Attorney added for eBay, 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. Registration is managed by the PACER Service Center. Signed by Judge Alan D Albright. (bot1)
|
|
Filing 40
ORDER GRANTING #35 Motion to Appear Pro Hac Vice for Attorney Kathryn Albanese. Attorney added for eBay, 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. Registration is managed by the PACER Service Center. Signed by Judge Alan D Albright. (bot1)
|
| Filing 39 AFFIDAVIT in Support of #38 Sealed Motion DEFENDANTS OPPOSED MOTION TO TRANSFER VENUE TO THE NORTHERN DISTRICT OF CALIFORNIA by eBay, Inc. DECLARATION OF JOSHUA L. RASKIN by eBay, Inc.. (Attachments: #1 Exhibit Ex. A - Division of Corporations - Filing, #2 Exhibit Ex. B - Robert Cote Patent Assignment.on of Corporations - Filing, #3 Exhibit Ex. C - Robert Cote _ LinkedIn, #4 Exhibit Ex. D - 241 Patent, #5 Exhibit Ex. E - Pages from 102 FH about Prosecuting Attorneys, #6 Exhibit Ex. F - Pages from 449 FH about Prosecuting Attorneys., #7 Exhibit Ex. G - Pages from 241 FH about Prosecuting Attorneys., #8 Exhibit Ex. H - Correspondence Address 241, #9 Exhibit Ex. I - ACKnowledge IP Contact Page., #10 Exhibit Ex. J - Prior Art US5937417, #11 Exhibit Ex. K - Prior Art US5991781, #12 Exhibit Ex. L - Jakob Nielsen _ LinkedIn, #13 Exhibit Ex. M - Directions from eBay to San Jose Court., #14 Exhibit Ex. N - Directions from eBay to Oakland Court, #15 Exhibit Ex. O - Directions from eBay to San Francisco Court)(Raskin, Joshua) |
| Filing 38 Sealed Motion DEFENDANTS OPPOSED MOTION TO TRANSFER VENUE TO THE NORTHERN DISTRICT OF CALIFORNIA by eBay, Inc. (Attachments: #1 Affidavit Vipul Bahety, #2 Affidavit David Xu, #3 Proposed Order) (Raskin, Joshua) |
| Filing 37 MOTION to Appear Pro Hac Vice by Janis E. Clements for Brian Prew ( Filing fee $ 100 receipt number ATXWDC-17550017) by on behalf of eBay, Inc.. (Clements, Janis) |
| Filing 36 MOTION to Appear Pro Hac Vice by Janis E. Clements for Vimal Kapadia ( Filing fee $ 100 receipt number ATXWDC-17549941) by on behalf of eBay, Inc.. (Clements, Janis) |
| Filing 35 MOTION to Appear Pro Hac Vice by Janis E. Clements for Katie Albanese ( Filing fee $ 100 receipt number ATXWDC-17549862) by on behalf of eBay, Inc.. (Clements, Janis) |
| Filing 34 MOTION to Dismiss Second Amended Complaint by eBay, Inc.. (Attachments: #1 Affidavit Declaration Of Joshua L. Raskin, #2 Exhibit 241 Patent, #3 Exhibit Request for Certificate of Correction May 2022, #4 Exhibit Petition to Accept Maintenance Fee May 2022., #5 Exhibit Certificate of Correction July 2022, #6 Exhibit Vacate Certificate of Correction January 2023, #7 Exhibit Denial of Maintenance Fee Petition October 2022, #8 Exhibit Renewed Maintenance Fee Petition December 2022, #9 Exhibit Denial of Renewed Maintenance Fee Petition January 2023, #10 Exhibit Priority Petition March 2023, #11 Exhibit Response to Maintenance Fee Petition March 24 2023, #12 Exhibit Transmittal Letter, #13 Exhibit Decision on Petition 2023, #14 Exhibit Order Overruling Objections., #15 Proposed Order)(Raskin, Joshua) |
|
Filing 33
ORDER GRANTING #32 Motion for Entry of Scheduling Order. Markman Hearing set for 10/23/2023 before Judge Alan D Albright. Joinder of Parties due by 12/5/2023. Amended Pleadings due by 2/13/2024. Motions due by 7/29/2024. Pretrial Conference set for 10/7/2024 before Judge Alan D Albright. Jury Selection and Jury Trial set for 10/28/2024 before Judge Alan D Albright. Signed by Judge Alan D Albright. (sm3)
|
| Filing 32 Joint MOTION for Entry of Scheduling Order Deadlines by Lexos Media IP, LLC. (Attachments: #1 Exhibit proposed Agreed Scheduling Order)(Kula, Kenneth) |
| Filing 31 NOTICE of Unopposed Extension of Time to Respond to PLS 2nd Amd Complaint by eBay, Inc. re #29 Amended Complaint (Clements, Janis) |
| Parties shall comply with Judge Albright's updated Standing Orders: #Order Regarding Court Docket Management and #Amended Standing Order for Pretrial Procedure. Both orders are available by clicking the hyperlink. (bot2) |
| Filing 30 Notice of Filing of Patent/Trademark Form (AO 120). AO 120 forwarded to the Director of the U.S. Patent and Trademark Office. (Buether, Eric) |
| Filing 29 SECOND AMENDED COMPLAINT FOR PATENT INFRINGEMENT against eBay, Inc. amending #13 Amended Complaint, filed by Lexos Media IP, LLC.(zv) |
|
Text Order GRANTING #27 Motion for Leave to File entered by Judge Alan D Albright. Before the Court is Plaintiff Lexos Media IP, LLCs Unopposed Motion for Leave to File Its Second Amended Complaint for Patent Infringement. The Court having considered the motion and noting it is unopposed by Defendant eBay, Inc., hereby ORDERS that the motion is GRANTED. (This is a text-only entry generated by the court. There is no document associated with this entry.) (NMlc)
|
| Please be advised that when attorneys are adding patents-in-suit they must update the form AO120, Flatten, and e-file using the "Notice of Filing of Patent/Trademark Form" event. Specifically, please add the '241 patent along with the other patents. Thank you. (zv) |
| Filing 28 ATTACHMENT Clean version of Plaintiff's 2nd Am. Complaint for Entry by the Court to #27 Unopposed MOTION for Leave to File Plaintiff's Second Amended Complaint by Lexos Media IP, LLC. (Kula, Kenneth) |
| Filing 27 Unopposed MOTION for Leave to File Plaintiff's Second Amended Complaint by Lexos Media IP, LLC. (Attachments: #1 Exhibit proposed 2nd Am. Complaint, #2 Proposed Order GRANTING Plaintiff Leave to Amend)(Kula, Kenneth) |
| Filing 26 NOTICE of Compliance with CRSR and Service of PICs on Defendant eBay by Lexos Media IP, LLC re #24 Status Report (Kula, Kenneth) |
| Filing 25 RESPONSE to #22 Order to Show Cause by Lexos Media IP, LLC. (Attachments: #1 Exhibit eMail between Counsel for Lexos and eBay, #2 Exhibit eMail between Counsel regarding Plaintiff Amending Complaint, #3 Exhibit List of Cases filed by Plaintiff, #4 Exhibit List of Defendants' Dispositive Motions Denied, Withdrawn, or Pending)(Kula, Kenneth) |
| Filing 24 STATUS REPORT OF CASE READINESS by eBay and by Lexos Media IP, LLC. (Kula, Kenneth) |
| Filing 23 NOTICE of Additional Authority by Lexos Media IP, LLC re #15 Motion to Dismiss for Failure to State a Claim / DEFENDANT EBAY, INC.S RULE 12(b)(6) MOTION TO DISMISS (Attachments: #1 Exhibit Kansas District Court Opinion DENYING Motion for Judgment on the Pleadings)(Kula, Kenneth) |
|
Filing 22
ORDER TO SHOW CAUSE. Plaintiff is ORDERED to explain the absence of a CRSR within one week of this order and why the Court should not dismiss this case for want of prosecution. Signed by Judge Alan D Albright. (sm3)
|
| Parties shall comply with Judge Albright's updated #Standing Order Governing Proceedings - Patent Cases available by clicking the hyperlink. (bot2) |
|
Filing 21
ORDER GRANTING #20 Motion to Appear Pro Hac Vice for Attorney Sandeep Seth. Attorney added for Lexos Media IP, 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)
|
| Filing 20 MOTION to Appear Pro Hac Vice by Eric W. Buether on behalf of Sandeep Seth ( Filing fee $ 100 receipt number ATXWDC-17256265) by on behalf of Lexos Media IP, LLC. (Attachments: #1 Proposed Order)(Buether, Eric) |
| Filing 19 NOTICE of E.D. Tex. Order denying Motion to Dismiss by Lexos Media IP, LLC re #15 Motion to Dismiss for Failure to State a Claim / DEFENDANT EBAY, INC.S RULE 12(b)(6) MOTION TO DISMISS (Attachments: #1 Exhibit E.D. Tex. Order denying Motion to Dismiss)(Kula, Kenneth) |
| Filing 18 REPLY to Response to Motion, filed by eBay, Inc., re #15 Motion to Dismiss for Failure to State a Claim / DEFENDANT EBAY, INC.S RULE 12(b)(6) MOTION TO DISMISS filed by Defendant eBay, Inc. (Raskin, Joshua) |
| Filing 17 RESPONSE to Motion, filed by Lexos Media IP, LLC, re #15 Motion to Dismiss for Failure to State a Claim / DEFENDANT EBAY, INC.S RULE 12(b)(6) MOTION TO DISMISS filed by Defendant eBay, Inc. (Attachments: #1 Proposed Order Denying Motion to Dismiss)(Buether, Eric) |
| 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 16 RULE 7 DISCLOSURE STATEMENT filed by eBay, Inc.. (Raskin, Joshua) |
| Filing 15 Motion to Dismiss for Failure to State a Claim / DEFENDANT EBAY, INC.S RULE 12(b)(6) MOTION TO DISMISS by eBay, Inc.. (Attachments: #1 Proposed Order)(Raskin, Joshua) |
| Filing 14 NOTICE of Unopposed Extension of Time for DF to Respond to PLS Amended Complaint by eBay, Inc. re #13 Amended Complaint (Clements, Janis) |
| Filing 13 AMENDED COMPLAINT for Patent Infringement against eBay, Inc. amending #1 Complaint,., filed by Lexos Media IP, LLC. (Attachments: #1 Exhibit 1 - US Patent No. 5,995,102, #2 Exhibit 2 - US Patent No. 6,118,449)(Kula, Kenneth) |
| Filing 12 NOTICE of Attorney Appearance by Joshua L. Raskin on behalf of eBay, Inc.. Attorney Joshua L. Raskin added to party eBay, Inc.(pty:dft) (Raskin, Joshua) |
| Filing 11 NOTICE of Unopposed Extension of Time for Defendant to Respond to Plaintiff's Complaint by eBay, Inc. (Clements, Janis) |
| Filing 10 MOTION to Appear Pro Hac Vice by Janis E. Clements of Joshua L. Raskin ( Filing fee $ 100 receipt number 0542-16255977) by on behalf of eBay, Inc.. (Attachments: #1 Proposed Order)(Clements, Janis) Modified on 7/19/2022 to term motion. Attorney filing notice of appearance (bw). |
| Filing 9 NOTICE of Attorney Appearance by Janis E. Clements on behalf of eBay, Inc.. Attorney Janis E. Clements added to party eBay, Inc.(pty:dft) (Clements, Janis) |
| Filing 8 SUMMONS Returned Executed by Lexos Media IP, LLC. eBay, Inc. served on 6/24/2022, answer due 7/15/2022. (Buether, Eric) |
| Filing 7 Summons Issued as to eBay, Inc.. (bw) |
| Filing 6 REQUEST FOR ISSUANCE OF SUMMONS by Lexos Media IP, LLC. (Kula, Kenneth) |
| Filing 5 NOTICE of Attorney Appearance by Kenneth P. Kula on behalf of Lexos Media IP, LLC. Attorney Kenneth P. Kula added to party Lexos Media IP, LLC(pty:pla) (Kula, Kenneth) |
| Filing 4 NOTICE of Attorney Appearance by Christopher M. Joe on behalf of Lexos Media IP, LLC. Attorney Christopher M. Joe added to party Lexos Media IP, LLC(pty:pla) (Joe, Christopher) |
| Filing 3 RULE 7 DISCLOSURE STATEMENT filed by Lexos Media IP, LLC. (Buether, Eric) |
| 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. (Buether, Eric) (Main Document 2 replaced on 6/22/2022) (sm3). |
| Filing 1 COMPLAINT ( Filing fee $ 402 receipt number 0542-16170334), filed by Lexos Media IP, LLC. (Attachments: #1 Exhibit 1 - '102 Patent, #2 Exhibit 2 - '449 Patent, #3 Civil Cover Sheet Civil Cover Sheet)(Buether, Eric) (Attachment 3 replaced on 6/22/2022) (sm3). (Attachment 3 replaced on 6/22/2022) (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. 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. (sm3) |
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 Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
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.
