LoganTree, LP v. Apple, Inc.
| LoganTree LP |
| Apple, Inc. |
| 5:2022cv02892 |
| May 16, 2022 |
| US District Court for the Northern District of California |
| Nathanael M Cousins |
| Patent |
| 35 U.S.C. § 271 Patent Infringement |
| Both |
Docket Report
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This docket was last retrieved on May 16, 2022. A more recent docket listing may be available from PACER.
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| Filing 41 CLERK'S NOTICE ADVANCING Initial Case Management Conference to 6/8/2022, at 10:00 AM by telephone. Case Management Statement due by 6/1/2022. All parties are requested to file a consent or declination to proceed before a magistrate judge by 6/1/2022. 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. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lmh, COURT STAFF) (Filed on 5/16/2022) |
| Filing 40 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 8/10/2022. Initial Case Management Conference set for 8/17/2022 at 10:00 AM in San Jose, Courtroom 4, 5th Floor. (wsn, COURT STAFF) (Filed on 5/16/2022) |
| Filing 39 Case transferred in from District of Texas Western; Case Number 6:21-cv-00397. Original file certified copy of transfer order and docket sheet received. |
Filing 38
ORDER GRANTING #23 Motion to Transfer Case; GRANTING #24 Motion to Transfer Case to NDCA. Signed by Judge Alan D Albright. (sm3)
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| Text Order DENYING #26 Motion to Strike and in the alternative, Motion for Leave to File a Surreply. The Court DENIES the Motion to Strike on two grounds. First, LoganTree failed to confer with Apple in an attempt to resolve this dispute before filing its Motion, and also failed to include a certification to that effect as required by W.D. Tex. Loc. R. CV-7(g). Second, the Court will not punish Apple for following: the timeline identified in the Court's June 8, 2021 Amended Standing Order Regarding Venue and Jurisdictional Discovery Limits for Patent Cases; and the page limits for "other motions" provided for in W.D. Tex. Loc. R. CV-7(e)(3), given that it filed its #25 Reply prior to the issuance of OGP 3.5. The Court DENIES LoganTree's alternative Motion for Leave because its proposed surreply does more than simply address Apple's arguments and evidence LoganTree alleges to be "new." It, by and large, treads a path already cut by its #24 Opposition and otherwise introduces a new declaration to "correct any evidentiary [shortcomings] to appease Apple's arguments." This does not justify the entry of LoganTree's proposed surreply. (This is a text-only entry generated by the court. There is no document associated with this entry.) (RRlc) |
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Filing 37
Standing Order Regarding Order Governing Proceedings Patent Cases. Signed by Judge Alan D Albright.
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| 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) |
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Filing 36
AMENDED SCHEDULING ORDER: Markman Hearing set for 6/10/2022 09:00 AM before Judge Alan D Albright. Joinder of Parties due by 7/20/2022. Amended Pleadings due by 9/30/2022. Dispositive Motions due by 4/14/2023. Pretrial Conference set for 7/19/2023 before Judge Alan D Albright. Jury Selection set for 7/10/2023 before Judge Jeffrey C. Manske. Jury Trial set for 7/10/2023 before Judge Alan D Albright. Signed by Judge Alan D Albright. (jc5)
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Filing 35
ORDER, (Markman Hearing set for 3/4/2022 09:00 AM before Judge Alan D Albright). Signed by Judge Alan D Albright. (bot2)
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| Filing 34 Joint MOTION for Entry of Scheduling Order Deadlines JOINT MOTION TO ENTER AN AMENDED SCHEDULING ORDER by LoganTree, LP. (Attachments: #1 Proposed Order)(Shokouhi, Arnold) |
| Filing 33 RESPONSE Defendant Apple Inc.'s Reply to Plaintiff LoganTree LP's Responsive Claim Construction Brief by Apple, Inc.. (Attachments: #1 Affidavit Declaration of Mark Schafer in Support of Defendant Apple Inc.'s Reply to Plaintiff LoganTree LP's Responsive Claim Construction Brief, #2 Exhibit U, #3 Exhibit V, #4 Exhibit W, #5 Exhibit X, #6 Exhibit Y)(Ravel, J.) |
| Filing 32 RESPONSE in Support, filed by LoganTree, LP, re #26 MOTION to Strike #25 Reply to Response to Motion,, PLAINTIFFS MOTION TO STRIKE DEFENDANTS LATE-FILED REPLY IN SUPPORT OF ITS MOTION TO TRANSFER VENUE AND IN THE ALTERNATIVE MOTION FOR LEAVE TO FILE PLAINTIFFS SURREPLY IN OPPOSITION TO THE MOT filed by Plaintiff LoganTree, LP (Shokouhi, Arnold) |
| Filing 31 NOTICE Notice of Supplemental Authority in Support of Motion to Transfer Venue to NDCA by Apple, Inc. (Attachments: #1 Exhibit A)(Ravel, J.) |
| Filing 30 BRIEF Plaintiff's Responsive Claim Construction Brief by LoganTree, LP. (Shokouhi, Arnold) |
| Filing 29 Opening Claim Construction Brief by Apple, Inc.. (Attachments: #1 Affidavit Mark D. Schafer Declaration, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N, #16 Exhibit O, #17 Exhibit P, #18 Exhibit Q, #19 Exhibit R, #20 Exhibit S, #21 Exhibit T)(Ravel, J.) |
| Filing 28 Response in Opposition to Motion, filed by Apple, Inc., re #26 MOTION to Strike #25 Reply to Response to Motion,, PLAINTIFFS MOTION TO STRIKE DEFENDANTS LATE-FILED REPLY IN SUPPORT OF ITS MOTION TO TRANSFER VENUE AND IN THE ALTERNATIVE MOTION FOR LEAVE TO FILE PLAINTIFFS SURREPLY IN OPPOSITION TO THE MOT filed by Plaintiff LoganTree, LP and in the Alternative Motion for Leave to File a Surreply (Attachments: #1 Exhibit A, #2 Proposed Order)(Ravel, J.) |
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Filing 27
Standing Order Regarding Order Governing Proceedings Patent Cases. Signed by Judge Alan D Albright.
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| Filing 26 MOTION to Strike #25 Reply to Response to Motion,, PLAINTIFFS MOTION TO STRIKE DEFENDANTS LATE-FILED REPLY IN SUPPORT OF ITS MOTION TO TRANSFER VENUE AND IN THE ALTERNATIVE MOTION FOR LEAVE TO FILE PLAINTIFFS SURREPLY IN OPPOSITION TO THE MOTION TO TRANSFER VENUE by LoganTree, LP. (Attachments: #1 SURREPLY, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Proposed Order)(Shokouhi, Arnold) |
| Filing 25 REPLY to Response to Motion, filed by Apple, Inc., re #24 Opposed MOTION to Transfer Case to the Northern District of California filed by Plaintiff LoganTree, LP Apple Inc.s Reply in Support of its Motion to Transfer Venue to the Northern District of California (Attachments: #1 Affidavit Declaration of Mark Rollins, #2 Affidavit Declaration of Ryan Schletzbaum, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G)(Ravel, J.) |
| Filing 24 Opposed MOTION to Transfer Case to the Northern District of California by LoganTree, LP. (Shokouhi, Arnold) |
| Filing 23 Opposed MOTION to Transfer Case Motion to Transfer Venue to the Northern District of California by Apple, Inc.. (Attachments: #1 Affidavit Declaration of Mark Rollins, #2 Affidavit Declaration of Ryan Schletzbaum, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Exhibit H, #11 Exhibit I, #12 Exhibit J, #13 Exhibit K, #14 Proposed Order)(Ravel, J.) |
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Filing 22
SCHEDULING ORDER: Markman Hearing set for 3/4/2022 09:00 AM before Judge Alan D Albright. Joinder of Parties due by 4/15/2022. Amended Pleadings due by 6/24/2022. Dispositive Motions due by 1/6/2023. Pretrial Conference set for 3/10/2023 before Judge Alan D Albright. Jury Selection set for 3/31/2023 before Judge Jeffrey C. Manske. Jury Trial set for 3/31/2023 AM before Judge Alan D Albright. Signed by Judge Alan D Albright. (jc5)
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Filing 21
SCHEDULING ORDER: Markman Hearing set for 3/4/2022 09:00 AM before Judge Alan D Albright. Joinder of Parties due by 4/15/2022. Amended Pleadings due by 6/24/2022. Motions due by 1/6/2023. Pretrial Conference set for 3/10/2023 before Judge Alan D Albright. Jury Selection set for 3/31/2023 before Judge Alan D Albright. Jury Trial set for 3/31/2023 before Judge Alan D Albright. Signed by Judge Alan D Albright. (jc5)
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| Filing 20 Scheduling Recommendations/Proposed Scheduling Order Joint Motion to Enter Scheduling Order by Apple, Inc.. (Attachments: #1 Exhibit A)(Ravel, J.) |
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Text Order GRANTING #19 Motion to Appear Pro Hac Vice. Before the Court is the Motion for Admission Pro Hac Vice. The Court, having reviewed the Motion, finds it should be GRANTED and therefore orders as follows: IT IS ORDERED the Motion for Admission Pro Hac Vice is GRANTED. IT IS FURTHER ORDERED that Applicant, if he/she has not already done so, shall immediately tender the amount of $100.00, made payable to: Clerk, U.S. District Court, in compliance with Local Rule AT-I (f)(2). 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 entered by Judge Alan D Albright. (This is a text-only entry generated by the court. There is no document associated with this entry.) (re)
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Text Order GRANTING #17 Motion to Appear Pro Hac Vice for Attorney Christopher Michael Barkley for LoganTree. Before the Court is the Motion for Admission Pro Hac Vice. The Court, having reviewed the Motion, finds it should be GRANTED and therefore orders as follows: IT IS ORDERED the Motion for Admission Pro Hac Vice is GRANTED. IT IS FURTHER ORDERED that Applicant, if he/she has not already done so, shall immediately tender the amount of $100.00, made payable to: Clerk, U.S. District Court, in compliance with Local Rule AT-I (f)(2). 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 entered by Judge Alan D Albright. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jc5)
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| Filing 19 MOTION to Appear Pro Hac Vice by J. Stephen Ravel on behalf of Maxwell C. McGraw ( Filing fee $ 100 receipt number 0542-15050739) by on behalf of Apple, Inc.. (Attachments: #1 Proposed Order)(Ravel, J.) |
| Filing 18 ANSWER to #10 Answer to Complaint, Counterclaim PLAINTIFFS ORIGINAL ANSWER TO DEFENDANT APPLE, INCS COUNTERCLAIMS by LoganTree, LP.(Shokouhi, Arnold) |
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Text Order GRANTING #13 Motion to Appear Pro Hac Vice for Attorney Ryan Schletzbaum for Apple, Inc. Before the Court is the Motion for Admission Pro Hac Vice. The Court, having reviewed the Motion, finds it should be GRANTED and therefore orders as follows: IT IS ORDERED the Motion for Admission Pro Hac Vice is GRANTED. IT IS FURTHER ORDERED that Applicant, if he/she has not already done so, shall immediately tender the amount of $100.00, made payable to: Clerk, U.S. District Court, in compliance with Local Rule AT-I (f)(2). 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 entered by Judge Alan D Albright. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mm6)
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Text Order GRANTING #14 Motion to Appear Pro Hac Vice for Attorney Lauren Douville for Apple, Inc. Before the Court is the Motion for Admission Pro Hac Vice. The Court, having reviewed the Motion, finds it should be GRANTED and therefore orders as follows: IT IS ORDERED the Motion for Admission Pro Hac Vice is GRANTED. IT IS FURTHER ORDERED that Applicant, if he/she has not already done so, shall immediately tender the amount of $100.00, made payable to: Clerk, U.S. District Court, in compliance with Local Rule AT-I (f)(2). 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 entered by Judge Alan D Albright. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mm6)
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Text Order GRANTING #12 Motion to Appear Pro Hac Vice for Attorney B. Trent Webb for Apple, Inc. Before the Court is the Motion for Admission Pro Hac Vice. The Court, having reviewed the Motion, finds it should be GRANTED and therefore orders as follows: IT IS ORDERED the Motion for Admission Pro Hac Vice is GRANTED. IT IS FURTHER ORDERED that Applicant, if he/she has not already done so, shall immediately tender the amount of $100.00, made payable to: Clerk, U.S. District Court, in compliance with Local Rule AT-I (f)(2). 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 entered by Judge Alan D Albright. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mm6)
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Text Order GRANTING #15 Motion to Appear Pro Hac Vice for Attorney Mark D. Schafer for Apple, Inc. Before the Court is the Motion for Admission Pro Hac Vice. The Court, having reviewed the Motion, finds it should be GRANTED and therefore orders as follows: IT IS ORDERED the Motion for Admission Pro Hac Vice is GRANTED. IT IS FURTHER ORDERED that Applicant, if he/she has not already done so, shall immediately tender the amount of $100.00, made payable to: Clerk, U.S. District Court, in compliance with Local Rule AT-I (f)(2). 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 entered by Judge Alan D Albright. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mm6)
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| Filing 17 MOTION to Appear Pro Hac Vice by Arnold Shokouhi MOTION FOR ADMISSION PRO HAC VICE ( Filing fee $ 100 receipt number 0542-15017756) by on behalf of LoganTree, LP. (Attachments: #1 Proposed Order)(Shokouhi, Arnold) |
| Filing 16 STATUS REPORT CASE READINESS STATUS REPORT by LoganTree, LP. (Shokouhi, Arnold) |
| Filing 15 MOTION to Appear Pro Hac Vice by J. Stephen Ravel on behalf of Mark D. Schafer ( Filing fee $ 100 receipt number 0542-14979661) by on behalf of Apple, Inc.. (Attachments: #1 Proposed Order)(Ravel, J.) |
| Filing 14 MOTION to Appear Pro Hac Vice by J. Stephen Ravel on behalf of Lauren Douville ( Filing fee $ 100 receipt number 0542-14979650) by on behalf of Apple, Inc.. (Attachments: #1 Proposed Order)(Ravel, J.) |
| Filing 13 MOTION to Appear Pro Hac Vice by J. Stephen Ravel on behalf of Ryan J. Schletzbaum ( Filing fee $ 100 receipt number 0542-14979637) by on behalf of Apple, Inc.. (Attachments: #1 Proposed Order)(Ravel, J.) |
| Filing 12 MOTION to Appear Pro Hac Vice by J. Stephen Ravel on behalf of B. Trent Webb ( Filing fee $ 100 receipt number 0542-14979478) by on behalf of Apple, Inc.. (Attachments: #1 Proposed Order)(Ravel, J.) |
| Filing 11 RULE 7 DISCLOSURE STATEMENT filed by Apple, Inc.. (Ravel, J.) |
| Filing 10 ANSWER to #1 Complaint, with Jury Demand Answer, Defenses, and, COUNTERCLAIM against LoganTree, LP by Apple, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Ravel, J.) |
| Filing 9 NOTICE of Attorney Appearance by J. Stephen Ravel on behalf of Apple, Inc. Pro Hac Vice will be added once an Order on motion is granted. (Ravel, J.) |
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Filing 8
Standing Order regarding Scheduling Order. Signed by Judge Alan D Albright.
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| Set/Reset Deadlines: Apple, Inc. answer due 7/2/2021. (mc5) |
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Text Order GRANTING #7 Motion for Extension of Time to Answer entered by Judge Alan D Albright. It is therefore ORDERED that Defendant Apple, Inc.'s Unopposed Motion is GRANTED, and Defendant's deadline to file a response to Plaintiff's Original Complaint is hereby extended through and including July 2, 2021. (This is a text-only entry generated by the court. There is no document associated with this entry.) (re)
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| Filing 7 Unopposed MOTION for Extension of Time to File Answer re #1 Complaint, by Apple, Inc.. (Attachments: #1 Proposed Order)(Ravel, J.) |
| Filing 6 NOTICE of Attorney Appearance by J. Stephen Ravel on behalf of Apple, Inc.. Attorney J. Stephen Ravel added to party Apple, Inc.(pty:dft) (Ravel, J.) |
| Filing 5 SUMMONS Returned Executed by LoganTree, LP. Apple, Inc. served on 4/27/2021, answer due 5/18/2021. (Shokouhi, Arnold) |
| Filing 4 Summons Issued as to Apple, Inc.. (lad) |
| Filing 3 Notice of Filing of Patent/Trademark Form (AO 120). AO 120 forwarded to the Director of the U.S. Patent and Trademark Office. (Shokouhi, Arnold) |
| Filing 2 REQUEST FOR ISSUANCE OF SUMMONS by LoganTree, LP. (Shokouhi, Arnold) (Main Document 2 replaced on 4/23/2021) (lad). |
| Filing 1 COMPLAINT PLAINTIFFS ORIGINAL COMPLAINT ( Filing fee $ 402 receipt number 0542-14731841), filed by LoganTree, LP. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 AO 120)(Shokouhi, Arnold) (Attachment 1 replaced on 4/23/2021) (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) |
| All parties shall comply with the Standing Orders of Judge Alan D. Albright located at https://www.txwd.uscourts.gov/judges-information/standing-orders/. (lad) |
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