Cyph, Inc. v. Zoom Communication, Inc.
| Cyph, Inc. |
| Zoom Video Communications, Inc. |
| 4:2022cv00561 |
| January 28, 2022 |
| US District Court for the Northern District of California |
| Kandis A Westmore |
| Jeffrey S White |
| Patent |
| 35 U.S.C. § 271 |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 21, 2023. A more recent docket listing may be available from PACER.
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Filing 43
ORDER SETTING HEARING ON MOTION TO DISMISS AND CONTINUING CASE MANAGEMENT CONFERENCE. Signed by Judge Jeffrey S. White on 2/22/2022. (kc, COURT STAFF) (Filed on 2/22/2022)
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Set Deadlines/Hearings as to #19 MOTION to Dismiss . Motion Hearing set for 4/29/2022 09:00 AM in Oakland, Courtroom 5, 2nd Floor before Judge Jeffrey S. White. Joint Case Management Statement due by 5/27/2022. Initial Case Management Conference set for 6/3/2022 at 11:00 AM before the Hon. Jeffrey S. White. (kc, COURT STAFF) (Filed on 2/22/2022)
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Filing 42
ORDER SETTING CASE MANAGEMENT CONFERENCE AND REQUIRING JOINT CASE MANAGEMENT CONFERENCE STATEMENT. Signed by Judge Jeffrey S. White on 2/3/22.Joint Case Management Statement due by 4/29/2022. Initial Case Management Conference set for 5/6/2022 11:00 AM in Oakland, - Telephonic Only. This proceeding will be held by AT&T Conference Line. The court circulates the following conference number to allow the equivalent of a public hearing by telephone.For conference line information, see: https://apps.cand.uscourts.gov/telhrg/ All counsel, members of the public and press please use the following dial-in information below to access the conference line: Dial In: 1-888-684-8852Access Code: 8583698The Court may be in session with proceedings in progress when you connect to the conference line. Therefore, mute your phone if possible and wait for the Court to address you before speaking on the line. For call clarity, parties shall NOT use speaker phone or earpieces for these calls, and where at all possible, parties shall use landlines.PLEASE NOTE: 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. See General Order 58 at Paragraph III. (jjo, COURT STAFF) (Filed on 2/3/2022) Modified on 2/3/2022 (jjo, COURT STAFF).
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Filing 41
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Jeffrey S. White for all further proceedings. Magistrate Judge Kandis A. Westmore 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 the Clerk on February 3, 2022. (Attachments: #1 Notice of Eligibility for Video Recording)(cjl, COURT STAFF) (Filed on 2/3/2022)
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Set/Reset Hearing Initial Case Management Conference set for 5/6/2022 11:00 AM in Oakland, - Telephonic Only. (jjo, COURT STAFF) (Filed on 2/3/2022)
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Filing 40
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. (wft, COURT STAFF) (Filed on 2/2/2022)
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Filing 39
CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Zoom Video Communications, Inc... (Saulsbury, Timothy) (Filed on 2/2/2022)
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Filing 38
REPLY (re #19 MOTION to Dismiss ) filed byZoom Video Communications, Inc.. (Saulsbury, Timothy) (Filed on 2/1/2022)
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Filing 37
NOTICE of Appearance by Kira A. Davis (Davis, Kira) (Filed on 2/1/2022)
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Filing 36
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. Consent/Declination due by 2/11/2022. (wft, COURT STAFF) (Filed on 1/28/2022)
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Filing 35
Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 4/26/2022. Initial Case Management Conference set for 5/3/2022 01:30 PM in Oakland, - To be determined. (cjl, COURT STAFF) (Filed on 1/28/2022)
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Filing 34
REPORT on the filing of an action regarding Patent (cc: form mailed to register). (Attachments: #1 complaint, #2 Transfer Order from Colorado)(cjl, COURT STAFF) (Filed on 1/28/2022)
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Filing 33
Case transferred in from District of Colorado; Case Number 1:21-cv-03027. Case file, copy of transfer order and docket sheet received. Modified on 1/28/2022 (cjl, COURT STAFF).
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Filing 32
ORDER granting #18 Motion to Transfer Venue. That, pursuant to 28 U.S.C. 1404(a), this action shall be transferred to the United States District Court for the Northern District of California. By Judge Raymond P. Moore on 01/27/2022.(sdunb, )
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Filing 31
SCHEDULING ORDER by Magistrate Judge Michael E. Hegarty on 19 January 2022. (cmadr, )
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Filing 30
COURTROOM MINUTES for proceedings held before Magistrate Judge Michael E. Hegarty: Scheduling Conference held on 1/19/2022. #23 Motion for Protective Order is GRANTED. FTR: A501. (cthom, )
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Filing 29
BRIEF in Opposition to #19 MOTION to Dismiss filed by Plaintiff Cyph, Inc.. (Attachments: #1 Declaration of Carl Brundidge, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3a, #5 Exhibit 3b, #6 Exhibit 4a, #7 Exhibit 4b, #8 Exhibit 4c, #9 Exhibit 4d, #10 Exhibit 4e, #11 Exhibit 5, #12 Exhibit 6)(Moore, David)
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Filing 28
NOTICE of Entry of Appearance of Eric P. Berger by Eric Paul Berger on behalf of Zoom Video Communications, Inc.Attorney Eric Paul Berger added to party Zoom Video Communications, Inc.(pty:dft) (Berger, Eric)
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Filing 27
BRIEF re #25 Proposed Scheduling Order In Support of Plaintiff's Proposals by Plaintiff Cyph, Inc.. (Brundidge, Carl)
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Filing 26
BRIEF re #25 Proposed Scheduling Order / Defendant Zoom Video Communications, Inc.'s Brief in support of its Proposed Scheduling Order by Defendant Zoom Video Communications, Inc.. (Saulsbury, Timothy)
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Filing 25
Proposed Scheduling Order by Defendant Zoom Video Communications, Inc.. (Saulsbury, Timothy)
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Filing 24
MEMORANDUM regarding #23 MOTION for Protective Order filed by Zoom Video Communications, Inc. Motion referred to Magistrate Judge Michael E. Hegarty. By Judge Raymond P. Moore on 1/11/2021. (Text Only Entry) (rmsec )
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Filing 23
MOTION for Protective Order by Defendant Zoom Video Communications, Inc.. (Attachments: #1 Proposed Document Defendant's Proposed Protective Order, #2 Appendix A, Disputed Protective Order, #3 Appendix B, Identification of Disputed Provisions)(Saulsbury, Timothy)
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Filing 22
BRIEF in Support of Proposed Protective Order by Plaintiff Cyph, Inc.. (Attachments: #1 Exhibit Plaintiff's Proposed Protective Order)(Brundidge, Carl) Modified on 1/11/2022 to remove gavel and correct title (sdunb, ).
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Filing 21
REPLY to Response to #18 MOTION to Change Venue filed by Defendant Zoom Video Communications, Inc.. (Attachments: #1 Declaration of Andrew T. Jones, #2 Exhibit A)(Saulsbury, Timothy)
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Filing 20
BRIEF in Opposition to #18 MOTION to Change Venue filed by Plaintiff Cyph, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6)(Brundidge, Carl)
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Filing 19
MOTION to Dismiss by Defendant Zoom Video Communications, Inc.. (Attachments: #1 Declaration of Andrew Jones, #2 Exhibit A, #3 Exhibit B)(Saulsbury, Timothy)
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Filing 18
MOTION to Change Venue by Defendant Zoom Video Communications, Inc.. (Attachments: #1 Declaration of Raghu Rao, #2 Declaration of Andrew Jones, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Exhibit H)(Saulsbury, Timothy)
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Filing 17
ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re #11 Notice of Entry of Appearance filed by attorney Carl I. Brundidge. Attorney or pro se has used an incorrect signature format in violation of D.C.COLO.LCivR 5.1(a) and 4.3(a) of the Electronic Case Filing Procedures (Civil cases). DO NOT REFILE THE DOCUMENT. *** The filer is missing an electronic s/signature. Please include to all future documents. *** (Text Only Entry) (sdunb, )
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Filing 16
Minute ORDER by Magistrate Judge Michael E. Hegarty on 11/24/2021. For good cause shown, the parties' Joint Motion to Extend Time to Respond to Complaint #14 is granted. Defendant shall file its answer or other response to the operative pleading on or before December 27, 2021.(cpomm, )
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Filing 15
MEMORANDUM regarding #14 Joint MOTION for Extension of Time to File Answer or Otherwise Respond re #1 Complaint, filed by Zoom Video Communications, Inc. Motion referred to Magistrate Judge Michael E. Hegarty. By Judge Raymond P. Moore on 11/24/2021. (Text Only Entry) (rmsec )
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Filing 14
Joint MOTION for Extension of Time to File Answer or Otherwise Respond re #1 Complaint, by Defendant Zoom Video Communications, Inc.. (Attachments: #1 Proposed Order (PDF Only))(Saulsbury, Timothy)
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Filing 13
NOTICE of Entry of Appearance by Andrew T. Jones on behalf of Zoom Video Communications, Inc.Attorney Andrew T. Jones added to party Zoom Video Communications, Inc.(pty:dft) (Jones, Andrew)
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Filing 12
NOTICE of Entry of Appearance by Timothy C. Saulsbury on behalf of Zoom Video Communications, Inc.Attorney Timothy C. Saulsbury added to party Zoom Video Communications, Inc.(pty:dft) (Saulsbury, Timothy)
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Filing 11
NOTICE of Entry of Appearance by Carl Irwin Brundidge on behalf of Cyph, Inc.Attorney Carl Irwin Brundidge added to party Cyph, Inc.(pty:pla) (Brundidge, Carl)
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Filing 10
ORDER by Magistrate Judge Michael E. Hegarty on November 12, 2021. Pursuant to the Order of Reference, this Court will hold the Fed. R. Civ. P. 16(b) Scheduling Conference on January 19, 2022, at 10:00 a.m. in Courtroom A-501, on the fifth floor of the Alfred A. Arraj United States Courthouse located at 901 19th Street, Denver, Colorado. It is further ORDERED that counsel for the parties and any unrepresented non-prisoner parties in this case are to hold a meeting in accordance with Fed. R. Civ. P. 26(f) on or before January 5, 2021 and jointly prepare a proposed Scheduling Order. Pursuant to Fed. R. Civ. P. 26(d), only requests pursuant to Fed. R. Civ. P. 34 may be submitted before the Rule 26(f) meeting, unless otherwise ordered or directed by the Court. Pursuant to Fed. R. Civ. P. 34(b)(2)(A), responses to such discovery requests must be submitted no later than 30 days after the Rule 26(f) meeting, unless the parties stipulate or the Court orders otherwise. (csarr, )
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Filing 9
MINUTE ORDER: With the assignment of this matter, the parties are advised that throughout this case they are expected to be familiar and comply with not only the Local Rules of this District, but also Judge Raymond P. Moore's Civil Practice Standards, which may be found at: http://www.cod.uscourts.gov/JudicialOfficers/ActiveArticleIIIJudges/HonRaymondPMoore.aspx. SO ORDERED by Judge Raymond P. Moore on 11/10/2021. (Text Only Entry) (rmsec )
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Filing 8
ORDER REFERRING CASE to Magistrate Judge Michael E. Hegarty. Pursuant to 28 U.S.C. 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b), this case is referred to the assigned United States Magistrate Judge to (1) convene a scheduling conference under Fed. R. Civ. P. 16(b) and enter a scheduling order meeting the requirements of D.C.COLO.LCivR 16.2, (2) conduct such status conferences and issue such orders necessary for compliance with the scheduling order, including amendments or modifications of the scheduling order upon a showing of good cause, (3) hear and determine pretrial matters, including discovery and other non-dispositive motions, (4) conduct a pretrial conference and enter a pretrial order, and (5) conduct hearings, including evidentiary hearings, and submit proposed findings of fact and recommendations for rulings on dispositive motions. Court sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. On the recommendation or informal request of the magistrate judge or on the request of the parties by motion, this court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding. By Judge Raymond P. Moore on 11/10/2021. (Text Only Entry) (rmsec )
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Filing 7
Report re Patent/Trademark: Report on the filing of an action emailed (NEF) to the Director of the U.S. Patent and Trademark Office. (jcharl, )
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Filing 6
SUMMONS issued by Clerk. (Attachments: #1 Magistrate Judge Consent Form) (jcharl, )
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Filing 5
Case assigned to Judge Raymond P. Moore and drawn to Magistrate Judge Michael E. Hegarty. Text Only Entry. (jcharl, )
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Filing 4
ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: David E. Moore. Attorney or pro se has used an incorrect signature format in violation of D.C.COLO.LCivR 5.1(a) and 4.3(a) of the Electronic Case Filing Procedures (Civil cases). DO NOT REFILE THE DOCUMENT. In the future, the filer must affix an electronic s/signature and s/followed by a typed, not an inked, signature to all future documents.(Text Only Entry) (jcharl, )
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Filing 3
CORPORATE DISCLOSURE STATEMENT. (Moore, David)
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Filing 2
SUMMONS REQUEST as to Zoom Communications, Inc. by Plaintiff Cyph, Inc.. (Attachments: #1 Civil Cover Sheet)(Moore, David)
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Filing 1
COMPLAINT against All Defendants (Filing fee $ 402,Receipt Number ACODC-8169740)Attorney David Evan Moore added to party Cyph, Inc.(pty:pla), filed by Cyph, 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 M)(Moore, David)
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