SmartWatch MobileConcepts, LLC v. Google, LLC
| SmartWatch MobileConcepts, LLC |
| Google LLC |
| 3:2024cv00937 |
| February 16, 2024 |
| US District Court for the Northern District of California |
| Thomas S Hixson |
| Rita F Lin |
| Patent |
| 35 U.S.C. § 271 Patent Infringement |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 1, 2024. A more recent docket listing may be available from PACER.
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| Filing 43 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 5/15/2024. Initial Case Management Conference set for 5/22/2024 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 3/1/2024) |
Filing 42
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 Thomas S. Hixson 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 03/01/2024. (Attachments: #1 Notice of Eligibility for Video Recording)(mbc, COURT STAFF) (Filed on 3/1/2024)
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| Filing 41 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. (tshlc1, COURT STAFF) (Filed on 3/1/2024) |
| Filing 40 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Google LLC.. (Simmons, Luann) (Filed on 3/1/2024) |
| Filing 39 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 5/9/2024. Initial Case Management Conference set for 5/16/2024 10:00 AM in San Francisco, Courtroom E, 15th Floor. (gba, COURT STAFF) (Filed on 2/16/2024) |
| Filing 38 CLERK'S NOTICE Re: Consent or Declination: Plaintiffs/Defendants shall file a consent or declination to proceed before a magistrate judge by 3/1/2024. 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.) (This is a text-only entry generated by the court. There is no document associated with this entry.) (tshlc1, COURT STAFF) (Filed on 2/16/2024) |
| Filing 37 Case transferred in from District of Texas Western; Case Number 6:23-cv-00398. Original file certified copy of transfer order and docket sheet received. |
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Filing 36
ORDER GRANTING #31 Opposed Sealed Motion to Transfer Venue To The Northern District Of California. Signed by Judge David Counts. (zv)
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| Filing 35 NOTICE of Non-Opposition to Transfer Venue by SmartWatch MobileConcepts, LLC re #31 Sealed Motion (Ramey, William) |
| Filing 34 Opening Claim Construction Brief by Google, LLC. (Attachments: #1 Affidavit Declaration of Sorin G. Zaharia)(St. Clair, Nathaniel) |
| Filing 33 NOTICE Notice of Venue Discovery by SmartWatch MobileConcepts, LLC (Ramey, William) |
| Filing 32 REDACTED COPY: MOTION to Transfer Case by Google, LLC. (Attachments: #1 Affidavit, #2 Exhibit 1 to Declaration, #3 Exhibit 2 to Declaration, #4 Exhibit 3 to Declaration, #5 Exhibit 4 to Declaration, #6 Exhibit 5 to Declaration, #7 Exhibit 6 to Declaration, #8 Exhibit 7 to Declaration, #9 Exhibit 8 to Declaration, #10 Exhibit 9 to Declaration, #11 Exhibit 10 to Declaration, #12 Exhibit 11 to Declaration, #13 Exhibit 12 to Declaration, #14 Exhibit 13 to Declaration, #15 Exhibit 14 to Declaration, #16 Exhibit 15 to Declaration, #17 Exhibit 16 to Declaration, #18 Exhibit 17 to Declaration, #19 Exhibit 18 to Declaration, #20 Exhibit 19 to Declaration, #21 Exhibit 20 to Declaration, #22 Exhibit 21 to Declaration, #23 Exhibit 22 to Declaration, #24 Exhibit 23 to Declaration, #25 Exhibit 24 to Declaration, #26 Exhibit 25 to Declaration, #27 Exhibit 26 to Declaration, #28 Exhibit 27 to Declaration, #29 Exhibit 28 to Declaration, #30 Exhibit 29 to Declaration, #31 Exhibit 30 to Declaration, #32 Exhibit 31 to Declaration, #33 Exhibit 32 to Declaration, #34 Exhibit 33 to Declaration, #35 Exhibit 34 to Declaration, #36 Proposed Order). Motions referred to Judge Derek T. Gilliland. (Giese, Erica) Modified on 11/27/2023 due to incorrect event entry used as it's the redacted version of #31 (zv). |
| Counsel is reminded that all redacted copies filed in a case are to be filed using Other Documents - Redacted Copy. Thank you. (zv) |
| Filing 31 Opposed Sealed Motion to Transfer Venue To The Northern District Of California. Referral Judge: Derek T. Gilliland. (Attachments: #1 Affidavit Declaration of Google Employee #1, #2 Affidavit Declaration of Google Employee #2, #3 Affidavit Declaration of Google Employee #3, #4 Affidavit Declaration of Google Employee #4, #5 Affidavit Declaration of Google Employee #5, #6 Affidavit Declaration of S. Zaharia, #7 Exhibit # 1, #8 Exhibit # 2, #9 Exhibit # 3, #10 Exhibit # 4, #11 Exhibit # 5, #12 Exhibit # 6, #13 Exhibit # 7, #14 Exhibit # 8, #15 Exhibit # 9, #16 Exhibit # 10, #17 Exhibit # 11, #18 Exhibit # 12, #19 Exhibit # 13, #20 Exhibit # 14, #21 Exhibit # 15, #22 Exhibit # 16, #23 Exhibit # 17, #24 Exhibit # 18, #25 Exhibit # 19, #26 Exhibit # 20, #27 Exhibit # 21, #28 Exhibit # 22, #29 Exhibit # 23, #30 Exhibit # 24, #31 Exhibit # 25, #32 Exhibit # 26, #33 Exhibit # 27, #34 Exhibit # 28, #35 Exhibit # 29, #36 Exhibit # 30, #37 Exhibit # 31, #38 Exhibit # 32, #39 Exhibit # 33, #40 Exhibit # 34, #41 Proposed Order Proposed Order) (Simmons, Luann) Modified on 11/27/2023 to change docket text and entry due to incorrect entry of motion for leave to file sealed document used per MSlc and MCcrd (zv). |
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Filing 30
AGREED SCHEDULING ORDER: Markman Hearing set for 4/8/2024 09:00 AM before Judge David Counts. Joinder of Parties due by 5/20/2024. Amended Pleadings due by 7/29/2024. Dispositive Motions due by 1/13/2025. Final Pretrial Conference set for 3/13/2025 01:30 PM before Judge David Counts. Jury Selection set for 4/7/2025 08:00AM before Judge Derek T. Gilliland. Jury Trial set for 4/7/2025 08:00 AM before Judge David Counts. Motions terminated: #25 Agreed MOTION for Entry of Scheduling Order Deadlines filed by SmartWatch MobileConcepts, LLC. Signed by Judge David Counts. (zv)
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| Filing 29 Response in Opposition to Motion, filed by SmartWatch MobileConcepts, LLC, re #26 MOTION for Leave to File Supplemental Reply in Support of Motion to Dismiss (Dkt. No. 12) filed by Defendant Google, LLC (Attachments: #1 Proposed Order)(Ramey, William) |
| Filing 28 Minute Entry for proceedings held before Judge Derek T. Gilliland: Case called for an Initial Status Conference Held In Person. Parties announced ready. Statements and arguments of counsel heard. The Court outlined docket management procedures. Written Scheduling Order to follow. Hearing concluded. (Minute entry documents are not available electronically.). (Court Reporter FTR.)(lad) |
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Filing 27
ORDER RESETTING INITIAL STATUS CONFERENCE HELD IN PERSON. INITIAL STATUS CONFERENCE set for 11/15/2023 03:00 PM (time change only) before Judge Derek T. Gilliland. Signed by Judge Derek T. Gilliland. (zv)
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| Filing 26 MOTION for Leave to File Supplemental Reply in Support of Motion to Dismiss (Dkt. No. 12) by Google, LLC. (Attachments: #1 Exhibit A - Google's Supplemental Reply in Support of Motion to Dismiss (Dkt No. 12), #2 Exhibit B - Exhibit 1 to Google's Supplemental Reply, #3 Exhibit C - Exhibit 2 to Google's Supplemental Reply, #4 Exhibit D - Exhibit 3 to Google's Supplemental Reply, #5 Proposed Order). Motions referred to Judge Derek T. Gilliland. (St. Clair, Nathaniel) |
| Filing 25 Agreed MOTION for Entry of Scheduling Order Deadlines by SmartWatch MobileConcepts, LLC. (Attachments: #1 Proposed Order). Motions referred to Judge Derek T. Gilliland. (Ramey, William) |
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Filing 24
ORDER SETTING INITIAL STATUS CONFERENCE HELD IN PERSON. INITIAL STATUS CONFERENCE set for 11/15/2023 01:30 PM (30 mintime block) before Judge Derek T. Gilliland. Signed by Judge Derek T. Gilliland. (cv)
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| Filing 23 STATUS REPORT Case Readiness Status Report by SmartWatch MobileConcepts, LLC. (Ramey, William) |
| Filing 22 REPLY to Response to Motion, filed by Google, LLC, re #12 MOTION to Dismiss filed by Defendant Google, LLC (Giese, Erica) |
| Filing 21 RESPONSE to Motion, filed by SmartWatch MobileConcepts, LLC, re #12 MOTION to Dismiss filed by Defendant Google, LLC (Attachments: #1 Exhibit A)(Ramey, William) |
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Filing 20
ORDER GRANTING #16 Motion to Appear Pro Hac Vice for Attorney Kyla Butler. Attorney added for Google, 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 Derek T. Gilliland. (bot4)
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Filing 19
ORDER GRANTING #15 Motion to Appear Pro Hac Vice for Attorney Sorin Zaharia. Attorney added for Google, 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 Derek T. Gilliland. (bot4)
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Filing 18
ORDER GRANTING #14 Motion to Appear Pro Hac Vice for Attorney Luann L. Simmons. Attorney added for Google, 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 Derek T. Gilliland. (bot4)
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Filing 17
ORDER GRANTING #13 Motion to Appear Pro Hac Vice for Attorney Daniel Silverman. Attorney added for Google, 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 Derek T. Gilliland. (bot4)
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| Filing 16 MOTION to Appear Pro Hac Vice by Erica Benites Giese for Kyla Butler ( Filing fee $ 100 receipt number ATXWDC-17722876) by on behalf of Google, LLC.. Motions referred to Judge Derek T. Gilliland. (Giese, Erica) |
| Filing 15 MOTION to Appear Pro Hac Vice by Erica Benites Giese for Sorin Zaharia ( Filing fee $ 100 receipt number ATXWDC-17721934) by on behalf of Google, LLC.. Motions referred to Judge Derek T. Gilliland. (Giese, Erica) |
| Filing 14 MOTION to Appear Pro Hac Vice by Erica Benites Giese for Luann Simmons ( Filing fee $ 100 receipt number ATXWDC-17721843) by on behalf of Google, LLC.. Motions referred to Judge Derek T. Gilliland. (Giese, Erica) |
| Filing 13 MOTION to Appear Pro Hac Vice by Erica Benites Giese for Daniel Silverman ( Filing fee $ 100 receipt number ATXWDC-17721783) by on behalf of Google, LLC.. Motions referred to Judge Derek T. Gilliland. (Giese, Erica) |
| Filing 12 MOTION to Dismiss by Google, LLC.. Motions referred to Judge Derek T. Gilliland. (Giese, Erica) |
| Filing 11 RULE 7 DISCLOSURE STATEMENT filed by Google, LLC identifying Corporate Parent Alphabet Inc., Corporate Parent XXVI Holdings Inc. for Google, LLC. (Giese, Erica) |
| Filing 10 NOTICE Joint Notice of Dismissal and Discovery of Indirect Infringement and Willfulness Claims by Google, LLC (St. Clair, Nathaniel) |
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Text Order GRANTING IN PART #9 Motion for Extension of Time to File entered by Judge Derek T. Gilliland. Defendant Google LLC shall have up to and including August 1, 2023 to respond to Plaintiffs Complaint. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mslc)
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| Reset Deadlines: Google, LLC answer due 8/1/2023. (lad) |
| Filing 9 Unopposed MOTION for Extension of Time to File Response to Complaint by Google, LLC. (Attachments: #1 Proposed Order). Motions referred to Judge Derek T. Gilliland. (St. Clair, Nathaniel) |
| Filing 8 SUMMONS Returned Executed by SmartWatch MobileConcepts, LLC. Google, LLC served on 5/26/2023, answer due 6/16/2023. (Ramey, William) |
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Filing 7
Sealed Order. Signed by Judge David Counts. (sm3)
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| Filing 6 Summons Issued as to Google, LLC. (ad3) |
| Case referred to Judge Derek T. Gilliland. (sm3) |
| Case assigned to Judge David Counts. 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. (ad3) |
| Filing 5 NOTICE Notice of Related Cases by SmartWatch MobileConcepts, LLC (Attachments: #1 Exhibit A)(Ramey, William) |
| Filing 4 Certificate of Interested Parties by SmartWatch MobileConcepts, LLC. (Ramey, William) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS by SmartWatch MobileConcepts, LLC. (Ramey, William) |
| 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. (Ramey, William) |
| Filing 1 COMPLAINT ( Filing fee $ 402 receipt number ATXWDC-17476341), filed by SmartWatch MobileConcepts, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Civil Cover Sheet)(Ramey, William) |
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