NextGen Innovations, LLC v. II-VI, Inc. et al
| NextGen Innovations, LLC |
| II-VI, Inc. and Finisar Corporation |
| 4:2021cv07477 |
| September 24, 2021 |
| US District Court for the Northern District of California |
| Nathanael M Cousins |
| Yvonne Gonzalez Rogers |
| Patent |
| 35 U.S.C. § 145 |
| Both |
Docket Report
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This docket was last retrieved on November 9, 2021. A more recent docket listing may be available from PACER.
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Filing 56
ORDER [*AS AMENDED BY THE COURT*] by Judge Yvonne Gonzalez Rogers granting #43 Joint Motion to Stay Pending Inter Partes Review. Signed by Judge Yvonne Gonzalez Rogers on 11/9/2021. (fs, COURT STAFF) (Filed on 11/9/2021) Modified on 11/12/2021 (fs, COURT STAFF).
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Filing 55
***ATTACHMENT INCORRECT. SEE DKT. NO 56 FOR CORRECT ENTRY*** ORDER [*AS AMENDED BY THE COURT*] by Judge Yvonne Gonzalez Rogers granting #43 Joint Motion to Stay Pending Inter Partes Review. (fs, COURT STAFF) (Filed on 11/9/2021) Modified on 11/12/2021 (fs, COURT STAFF).
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| Filing 54 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by NextGen Innovations, LLC.. (Daignault, Ronald) (Filed on 11/2/2021) |
| Filing 53 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Daignault, Ronald) (Filed on 11/2/2021) |
| Filing 52 CLERK'S NOTICE CORRECTING HEARING DATE ON RE-NOTICE OF MOTION AT DKT. NO. 51.The Hearing date occurs after the briefing is complete. The hearing date for the Motion #43 is set for 12/7/2021 at 2:00pm via Zoom Platform. The 11/9/2021 date is vacated. Set/Reset Deadlines as to #43 Joint Motion to Stay Pending Inter Partes Review of the Asserted Patents : Motion Hearing set for 12/7/2021 02:00 PM via Zoom Webinar Videoconference Only before Judge Yvonne Gonzalez Rogers. The briefing dates in Dkt. 43 are maintained.Zoom link information will be posted on the docket in advance of the hearing. Zoom link information is also on the Judge's page on the court website www.cand.uscourts.gov/judges/gonzalez-rogers-yvonne-ygr/ (This is a text-only entry generated by the court. There is no document associated with this entry.), (fs, COURT STAFF) (Filed on 11/2/2021) |
| Filing 51 Renotice motion hearing re #43 Joint MOTION to Stay Pending Inter Partes Review of the Asserted Patents filed byFinisar Corporation, II-VI, Inc.. (Related document(s) #43 ) (Halverson, Erik) (Filed on 10/29/2021) |
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Filing 50
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Yvonne Gonzalez Rogers for all further proceedings. Magistrate Judge Nathanael M. Cousins 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 10/28/2021. (Attachments: #1 Notice of Eligibility for Video Recording)(sfb, COURT STAFF) (Filed on 10/28/2021)
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| Filing 49 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 a party has not consented to the jurisdiction of a Magistrate Judge. 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. (lmh, COURT STAFF) (Filed on 10/27/2021) |
| Filing 48 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-16559241.) filed by Finisar Corporation, II-VI, Inc.. (Engel, Jason) (Filed on 10/27/2021) |
| Filing 47 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-16558859.) filed by Finisar Corporation, II-VI, Inc.. (Beane, Devon) (Filed on 10/27/2021) |
| Filing 46 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Finisar Corporation, II-VI, Inc... (Halverson, Erik) (Filed on 10/27/2021) |
| Filing 45 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Halverson, Erik) (Filed on 10/27/2021) |
| Filing 44 JOINT CASE MANAGEMENT STATEMENT filed by Finisar Corporation, II-VI, Inc.. (Halverson, Erik) (Filed on 10/27/2021) |
| Filing 43 Joint Motion to Stay Pending Inter Partes Review of the Asserted Patents filed by Finisar Corporation, II-VI, Inc.. Motion Hearing set for 11/3/2021 10:00 AM before Magistrate Judge Nathanael M. Cousins. Responses due by 11/10/2021. Replies due by 11/17/2021. (Attachments: #1 Exhibit A: Stipulation, #2 Proposed Order)(Halverson, Erik) (Filed on 10/27/2021) Modified on 10/29/2021 (gba, COURT STAFF). |
| Filing 42 NOTICE of Appearance by Erik James Halverson (Halverson, Erik) (Filed on 10/27/2021) |
| Filing 41 CLERK'S NOTICE ADVANCING Initial Case Management Conference to 11/3/2021, at 10:00 AM before Magistrate Judge Nathanael M. Cousins. Case Management Statement, including Consent or Declination to proceed before a magistrate judge, due by 10/27/2021. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lmh, COURT STAFF) (Filed on 9/29/2021) |
| Filing 40 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 12/22/2021. Initial Case Management Conference set for 12/29/2021 at 10:00 AM in San Jose, Courtroom 4, 5th Floor. (wsnS, COURT STAFF) (Filed on 9/28/2021) |
| Filing 39 Case transferred in from District of Texas Eastern; Case Number 4:20-cv-00854. Original file certified copy of transfer order and docket sheet received. |
| Interdistrict transfer to the Northern District District of California. (mcg) |
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Filing 38
ORDER granting #11 Motion to Change Venue. Signed by District Judge Sean D. Jordan on 7/2/2021. (ldm)
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| Filing 37 Joint MOTION for Protective Order by NextGen Innovations, LLC. (Attachments: #1 Exhibit, #2 Exhibit)(Mort, Raymond) |
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Filing 36
SCHEDULING ORDER: Final Pretrial Conference set for 6/28/2022 01:30 PM in Ctrm 105 (Plano) before District Judge Sean D. Jordan. Amended Pleadings due by 8/18/2021. Discovery due by 2/25/2022. Jury instructions due by 6/14/2022. Mediation Completion due by 2/1/2022. Designation of Mediator due by 12/21/2021. Dispositive Motions due by 3/8/2022. Signed by District Judge Sean D. Jordan on 5/25/2021. (daj, )
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| Set Hearings: Proposed Claim Construction Hearing set for 11/9/2021 01:00 PM in Ctrm 105 (Plano) before District Judge Sean D. Jordan. (daj, ) |
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Filing 35
ORDER denying as moot #33 Joint Motion for a Telephonic or Videoconference, Rule 16 Management Conference. Signed by District Judge Sean D. Jordan on 5/17/2021. (mcg)
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| NOTICE: The Rule 16 management conference set for 5/19/2021 is CANCELLED. The Court will issue a scheduling order. (ldm) |
| Filing 34 NOTICE of Attorney Appearance - Pro Hac Vice by Richard Juang on behalf of NextGen Innovations, LLC. Filing fee $ 100, receipt number 0540-8412584. (Juang, Richard) |
| Filing 33 Joint MOTION for Telephonic or Videoconference Rule 16 Management Conference re #32 Status Report, #25 Order, Set Deadlines/Hearings by NextGen Innovations, LLC. (Mort, Raymond) |
| Filing 32 STATUS REPORT - Joint Rule 26(f) Report by NextGen Innovations, LLC. (Attachments: #1 Exhibit)(Mort, Raymond) |
| NOTICE of Deficiency regarding the APPLICATION TO APPEAR PRO HAC VICE submitted DOCUMENT #30 - THE APPLIATION WAS NOT EMAILED TO THE CLERK FOR APPROVAL PRIOR TO FILING AS INSTRUCTED ON THE SECOND PAGE OF THE APPLICATION. Correction should be made by ONE BUSINESS DAY (baf, ) |
| Filing 31 NOTICE of Attorney Appearance - Pro Hac Vice by Jacob Vannette on behalf of Finisar Corporation, II-VI, Inc.. Filing fee $ 100, receipt number 0540-8379618. (Vannette, Jacob) |
| Filing 30 ***DEFICIENT DOCUMENT - PLEASE DISREGARD***NOTICE of Attorney Appearance - Pro Hac Vice by Darlene Fae Ghavimi on behalf of Finisar Corporation, II-VI, Inc.. Filing fee $ 100, receipt number 0540-8378833. (Ghavimi, Darlene) Modified on 4/27/2021 (baf, ). |
| Filing 29 SUR-REPLY to Reply to Response to Motion re #11 MOTION to Change Venue (Defendants' Motion to Transfer Venue to the Northern District of California) filed by NextGen Innovations, LLC. (Mort, Raymond) |
| Filing 28 ANSWER to #17 Answer to Complaint, Counterclaim by NextGen Innovations, LLC.(Mort, Raymond) |
| Filing 27 REPLY to Response to Motion re #11 MOTION to Change Venue (Defendants' Motion to Transfer Venue to the Northern District of California) filed by Finisar Corporation, II-VI, Inc.. (Attachments: #1 Exhibit 4: Supplemental Declaration of Steffen Koehler, #2 Exhibit 5: Supplemental Declaration of Richard Smart, #3 Exhibit 6: K. Adzema Profile, #4 Exhibit 7: B. Grant Profile, #5 Exhibit 8: Arrow Headquarters, #6 Exhibit 9: Avnet Headquarters)(Ghavimi, Darlene) |
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Filing 26
ORDER granting #24 Motion for Extension of Time to File Reply. Signed by District Judge Sean D. Jordan on 3/22/2021. (mcg)
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Filing 25
ORDER GOVERNING PROCEEDINGS. Rule 26 Meeting Report due by 5/3/2021. Rule 16 Management Conference set for 5/19/2021 at 11:00 AM in Ctrm 105 (Plano) before District Judge Sean D. Jordan. Signed by District Judge Sean D. Jordan on 3/22/2021. (mcg)
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| Filing 24 Unopposed MOTION for Extension of Time to File Response/Reply as to #23 Response in Opposition to Motion,, by Finisar Corporation, II-VI, Inc.. (Attachments: #1 Text of Proposed Order)(Ghavimi, Darlene) |
| Filing 23 RESPONSE in Opposition re #11 MOTION to Change Venue (Defendants' Motion to Transfer Venue to the Northern District of California) filed by NextGen Innovations, LLC. (Attachments: #1 Affidavit, #2 Affidavit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Exhibit, #23 Exhibit, #24 Exhibit, #25 Exhibit)(Mort, Raymond) |
| Filing 22 NOTICE of Attorney Appearance - Pro Hac Vice by Chandran B Iyer on behalf of NextGen Innovations, LLC. Filing fee $ 100, receipt number 0540-8302217. (Iyer, Chandran) |
| Filing 21 NOTICE of Attorney Appearance - Pro Hac Vice by Ronald M Daignault on behalf of NextGen Innovations, LLC. Filing fee $ 100, receipt number 0540-8302101. (Daignault, Ronald) |
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Filing 20
ORDER granting #15 Motion for Extension of Time to File Response. The new deadline for Plaintiff Nextgen Innovations, LLC, to file its response to Defendants' Motion to Transfer Venue to the Northern District of California Pursuant to 28 U.S.C. 1404(a), (Dkt. #11 ), is March 17, 2021. Signed by District Judge Sean D. Jordan on 3/12/2021. (mcg)
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| Filing 19 CORPORATE DISCLOSURE STATEMENT filed by Finisar Corporation identifying Corporate Parent II-VI, Inc. for Finisar Corporation. (Ghavimi, Darlene) |
| Filing 18 CORPORATE DISCLOSURE STATEMENT filed by II-VI, Inc. (Ghavimi, Darlene) |
| Filing 17 Defendants' ANSWER to #1 Complaint , COUNTERCLAIM against NextGen Innovations, LLC by Finisar Corporation, II-VI, Inc..(Ghavimi, Darlene) |
| Filing 16 Defendant's Unopposed Second Application for Extension of Time to Answer Complaint re Finisar Corporation.( Ghavimi, Darlene) |
| Defendant's Unopposed Second Application for Extension of Time to Answer Complaint is granted pursuant to Local Rule CV-12 for Finisar Corporation to 3/8/2021. 10 Days Granted for Deadline Extension.(mcg) |
| Filing 15 Unopposed MOTION for Extension of Time to File Response/Reply as to #11 MOTION to Change Venue (Defendants' Motion to Transfer Venue to the Northern District of California) by NextGen Innovations, LLC. (Attachments: #1 Text of Proposed Order)(Mort, Raymond) |
| Filing 14 NOTICE of Attorney Appearance - Pro Hac Vice by Jason A Engel on behalf of Finisar Corporation, II-VI, Inc.. Filing fee $ 100, receipt number 0540-8250428. (Engel, Jason) |
| Filing 13 NOTICE of Attorney Appearance by George C Summerfield on behalf of Finisar Corporation, II-VI, Inc. (Summerfield, George) |
| Filing 12 NOTICE of Attorney Appearance - Pro Hac Vice by Devon C Beane on behalf of Finisar Corporation, II-VI, Inc.. Filing fee $ 100, receipt number 0540-8243237. (Beane, Devon) |
| Filing 11 MOTION to Change Venue (Defendants' Motion to Transfer Venue to the Northern District of California) by Finisar Corporation, II-VI, Inc.. (Attachments: #1 Exhibit 1: NDA, #2 Exhibit 2: Declaration of Steffen Koehler, #3 Exhibit 3: Declaration of Richard Smart, #4 Text of Proposed Order)(Ghavimi, Darlene) |
| Filing 10 Defendant's Unopposed First Application for Extension of Time to Answer Complaint re Finisar Corporation.( Ghavimi, Darlene) |
| Defendant's Unopposed First Application for Extension of Time to Answer Complaint is granted pursuant to Local Rule CV-12 for Finisar Corporation, to 2/26/2021. 30 Days Granted for Deadline Extension.(mcg) |
| Defendant's Unopposed First Application for Extension of Time to Answer Complaint is granted pursuant to Local Rule CV-12 for II-VI, Inc., to 3/8/2021. 30 Days Granted for Deadline Extension. (mcg) |
| NOTICE of Deficiency #8 First Application for Extension of Time to Answer Complaint: Extension Request Exceeds 30 days. Correction should be made by ONE BUSINESS DAY. (mcg) |
| Filing 9 Defendant's Unopposed First Application for Extension of Time to Answer Complaint re II-VI, Inc..( Ghavimi, Darlene) |
| Filing 8 ***FILING ERROR - ATTORNEY TO REFILE - PLEASE IGNORE*** Defendant's Unopposed First Application for Extension of Time to Answer Complaint re Finisar Corporation.( Ghavimi, Darlene) Modified on 1/21/2021 (mcg, ). |
| Filing 7 SUMMONS REISSUED as to Finisar Corporation. (rpc, ) |
| Filing 6 SUMMONS REISSUED as to II-VI, Inc. (rpc, ) |
| Filing 5 ***ISSUED IN ERROR - INCORRECT DISTRICT/DIVISION LISTED - PLEASE DISREGARD*** SUMMONS Issued as to Finisar Corporation. (rpc, ) Modified on 11/9/2020 (rpc, ). |
| Filing 4 ***ISSUED IN ERROR - INCORRECT DISTRICT/DIVISION LISTED - PLEASE DISREGARD*** SUMMONS Issued as to II-VI, Inc. (rpc, ) Modified on 11/9/2020 (rpc, ). |
| Filing 3 Notice of Filing of Patent/Trademark Form (AO 120). AO 120 mailed to the Director of the U.S. Patent and Trademark Office. (Mort, Raymond) |
| Filing 2 CORPORATE DISCLOSURE STATEMENT filed by NextGen Innovations, LLC (Mort, Raymond) |
| Filing 1 COMPLAINT against Finisar Corporation, II-VI, Inc. ( Filing fee $ 400 receipt number 0540-8082785.), filed by NextGen Innovations, LLC. (Attachments: #1 Exhibit, #2 Civil Cover Sheet)(Mort, Raymond) |
| Case Assigned to District Judge Sean D. Jordan. (rpc, ) |
| In accordance with the provisions of 28 USC Section 636(c), you are hereby notified that a U.S. Magistrate Judge of this district court is available to conduct any or all proceedings in this case including a jury or non-jury trial and to order the entry of a final judgment. The form #Consent to Proceed Before Magistrate Judge is available on our website. All signed consent forms, excluding pro se parties, should be filed electronically using the event Notice Regarding Consent to Proceed Before Magistrate Judge. (rpc, ) |
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