Teradata Corporation, et al v. SAP SE, et al
| TERADATA CORPORATION, TERADATA US, INC. and TERADATA OPERATIONS, INC. |
| SAP SE, SAP AMERICA, INC. and SAP LABS, LLC |
| UNITED STATES OF AMERICA and FEDERAL TRADE COMMISSION |
| 23-16065 |
| August 3, 2023 |
| U.S. Court of Appeals, Ninth Circuit |
| Other Statutory Actions |
Docket Report
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This docket was last retrieved on September 22, 2023. A more recent docket listing may be available from PACER.
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| Filing 40 Filed (ECF) Attorney Ms. Deanne Maynard for Appellants Teradata Corporation, Teradata Operations, Inc. and Teradata US, Inc. response to notice for case being considered for oral argument. Date of service: 09/22/2023. [12797166] [23-16065] (Maynard, Deanne) [Entered: 09/22/2023 10:40 AM] |
| Filing 39 Received 6 paper copies of Amicus Brief [ # 23 ] filed by FTC and USA. [12795684] (SD) [Entered: 09/20/2023 12:00 PM] |
| Filing 38 This case is being considered for an upcoming oral argument calendar in San Francisco Please review the San Francisco sitting dates for January 2024 and the subsequent month in that location at # http://www.ca9.uscourts.gov/court_sessions . Absent an irreconcilable conflict, the court expects you to appear and argue your case during one of these two months. If you have an irreconcilable conflict on any of the dates, please consult with opposing counsel to propose an alternate date and/or location and file # Form 32 within 3 business days of this notice using the CM/ECF filing type Response to Case Being Considered for Oral Argument . Please follow the form's # instructions carefully. If the parties wish to discuss settlement before an argument date is set, they should jointly request referral to the mediation unit by filing a letter within 3 business days of this notice , using CM/ECF ( Type of Document : Correspondence to Court; Subject : request for mediation). You will receive notice that your case has been assigned to a calendar approximately 10 weeks before the scheduled oral argument date.[12794732]. [23-16065] (KS) [Entered: 09/19/2023 10:01 AM] |
| Filing 37 Received 6 paper copies of Reply Brief [19] provisionally filed UNDER SEAL by Appellants. [12794730] (SD) [Entered: 09/19/2023 09:59 AM] |
| Filing 36 Received 6 paper copies of Answering Brief [18] provisionally filed UNDER SEAL by Appellees. [12794707] (SD) [Entered: 09/19/2023 09:44 AM] |
| Filing 35 Received 6 paper copies of Opening Brief [17] provisionally filed UNDER SEAL by Appellants. [12794695] (SD) [Entered: 09/19/2023 09:39 AM] |
| Filing 34 MEDIATION ORDER FILED: This case is RELEASED from the Mediation Program. [12794505] (CL) [Entered: 09/18/2023 05:42 PM] |
| Filing 33 Added Attorney(s) Bradley Grossman for party(s) Amicus Curiae FTC. [12794283] (RL) [Entered: 09/18/2023 03:22 PM] |
| Filing 32 Filed (ECF) notice of appearance of Bradley Dax Grossman (Federal Trade Commission, 600 Pennsylvania Avenue, NW, Washington, DC 20580) for Amicus Curiae FTC. Date of service: 09/18/2023. (Party was previously proceeding with counsel.) [12794257] [23-16065] (Grossman, Bradley) [Entered: 09/18/2023 03:16 PM] |
| Filing 31 Filed clerk order: The amicus brief [ # 23 ] submitted by FTC and USA is filed. Within 7 days of the filing of this order, amici curiae are ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: green. The paper copies shall be submitted to the principal office of the Clerk. [12792588] (LA) [Entered: 09/14/2023 03:04 PM] |
| Filing 30 Filed clerk order: The confidential Joint Appendix (excerpts of record) [20] and non-confidential Joint Appendix (excerpts of record) [ # 21 ] submitted by appellants and appellees are lodged. The confidential Joint Appendix is lodged provisionally UNDER SEAL. No paper copies of the Joint Appendix are required at this time. [12792581] (LA) [Entered: 09/14/2023 03:01 PM] |
| Filing 29 Filed clerk order: The reply brief [19] submitted by appellants is filed provisionally UNDER SEAL. Within 7 days of the filing of this order, appellants are ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: gray. The paper copies shall be submitted to the principal office of the Clerk. [12792574] (LA) [Entered: 09/14/2023 02:57 PM] |
| Filing 28 Filed clerk order: The answering brief [18] submitted by appellees is filed provisionally UNDER SEAL. Within 7 days of the filing of this order, appellees are ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: red. The paper copies shall be submitted to the principal office of the Clerk. [12792572] (LA) [Entered: 09/14/2023 02:54 PM] |
| Filing 27 Filed clerk order: The opening brief [17] submitted by appellants is filed provisionally UNDER SEAL. Within 7 days of the filing of this order, appellants are ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: blue. The paper copies shall be submitted to the principal office of the Clerk. [12792564] --[Edited to note provisionally sealed, attached corrected PDF. 09/14/2023 by LA] (LA) [Entered: 09/14/2023 02:48 PM] |
| Filing 26 Filed (ECF) UNDER SEAL Appellants Teradata Corporation, Teradata Operations, Inc. and Teradata US, Inc. citation of supplemental authorities. Date of service: 06/08/2023. (Court entered filing, transferred per order [ # 16 ] from Fed Cir No. 22-1286, DE 90) [12792556] (LA) [Entered: 09/14/2023 02:46 PM] |
| Filing 25 Filed (ECF) Appellants Teradata Corporation, Teradata Operations, Inc. and Teradata US, Inc. citation of supplemental authorities. Date of service: 05/01/2023. (Court entered filing, transferred per order [ # 16 ] from Fed Cir No. 22-1286, DE 80) [12792553] (LA) [Entered: 09/14/2023 02:45 PM] |
| Filing 24 Filed (ECF) Appellees SAP America, Inc., SAP Labs, LLC and SAP SE citation of supplemental authorities. Date of service: 04/27/2023. (Court entered filing, transferred per order [ # 16 ] from Fed Cir No. 22-1286, DE 79) [12792549] (LA) [Entered: 09/14/2023 02:43 PM] |
| Filing 23 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by United States of America and the Federal Trade Commission. Date of service: 06/07/2022. (Court entered filing, transferred per order [ # 16 ] from Fed Cir No. 22-1286, DE 36) [12792546] (LA) [Entered: 09/14/2023 02:41 PM] |
| Filing 22 Entered appearance of Amici Curiae USA and FTC. [12792534] (LA) [Entered: 09/14/2023 02:39 PM] |
| Filing 21 Submitted (ECF) non-confidential Joint Appendix (excerpts of record). Submitted by Appellants Teradata Corporation, Teradata Operations, Inc., Teradata US, Inc. and Appellees SAP America, Inc., SAP Labs, LLC and SAP SE. Date of service: 12/08/2022. (Court entered filing, transferred per order [ # 16 ] from Fed Cir No. 22-1286, DE 63) [12792521] (LA) [Entered: 09/14/2023 02:36 PM] |
| Filing 20 Submitted (ECF) UNDER SEAL Joint Appendix (excerpts of record). Submitted by Appellants Teradata Corporation, Teradata Operations, Inc., Teradata US, Inc. and Appellees SAP America, Inc., SAP Labs, LLC and SAP SE. Date of service: 12/08/2022. (Court entered filing, transferred per order [ # 16 ] from Fed Cir No. 22-1286, DE 62) [12792505] (LA) [Entered: 09/14/2023 02:29 PM] |
| Filing 19 Submitted (ECF) UNDER SEAL Reply Brief for review. Submitted by Appellants Teradata Corporation, Teradata Operations, Inc. and Teradata US, Inc.. Date of service: 11/15/2022. (Court entered filing, transferred per order [ # 16 ] from Fed Cir No. 22-1286, DE 52) [12792474] (LA) [Entered: 09/14/2023 02:12 PM] |
| Filing 18 Submitted (ECF) UNDER SEAL Answering Brief for review. Submitted by Appellees SAP America, Inc., SAP Labs, LLC and SAP SE. Date of service: 09/02/2022. (Court entered filing, transferred per order [ # 16 ] from Fed Cir No. 22-1286, DE 49) [12792472] (LA) [Entered: 09/14/2023 02:10 PM] |
| Filing 17 Submitted (ECF) UNDER SEAL Opening Brief for review. Submitted by Appellants Teradata Corporation, Teradata Operations, Inc. and Teradata US, Inc. Date of service: 05/18/2022. (Court entered filing, transferred per order [ # 16 ] from Fed Cir No. 22-1286, DE 22) [12792463] (LA) [Entered: 09/14/2023 02:00 PM] |
| Filing 16 Filed clerk order (Deputy Clerk: MCD):This matter was transferred from the United States Court of Appeals for the Federal Circuit. The parties joint motion to proceed to argument (Docket Entry No. [ # 11 ]) asks this court to adopt the existing appellate recordincluding the party and amicus briefing, Rule 28(j) letters, and the joint appendixand set the case for argument at the earliest opportunity. The parties further request that any need for converting the joint appendix into a format that complies with this Courts Rule 30-1 be addressed by the panel assigned to resolve the merits of this appeal. The request to adopt the parties briefing on the merits and the parties Rule 28(j) letters is granted, subject to reconsideration by the merits panel. The request to adopt the joint appendix is referred to the merits panel. The Clerk will defer any request for paper copies of the joint appendix until the merits panel addresses whether to adopt the joint appendix. The Federal Circuit permitted the parties to file portions of the briefs and the joint appendix under seal. To the extent the parties seek to maintain any document or portion thereof under seal in this court, they must file a motion to seal in compliance with Ninth Circuit Rule 27 1313. Any motion to seal is due within 21 days after the date of this order order. A motion to seal must explain the specific reasons for this relief and describe the potential for irreparable injury in the absence of such relief and must also request the least restrictive scope of sealing and be limited in scope to only the specific documents or portion of documents that merit sealing. 9th Cir. R. 27 13(e) e). The Court will not seal a case or a document based solely on the stipulation of the parties. 9th Cir. R. 27-13(a). The Clerk will lodge publicly the non-confidential joint appendix and will file publicly the parties non-confidential Rule 28(j) letters. The Clerk will file, provisionally under seal, the parties confidential opening, answering, and reply briefs, and appellants confidential Rule 28(j) letter. The Clerk will lodge, provisionally under seal, the confidential joint appendix. The Clerk will maintain the parties confidential filings under seal until expiration of the 21 day period, and until disposition of a any timely motionmotion(s) to seal. If no motion is filed, the Clerk will unseal the confidential briefs, the confidential joint appendix, and appellants confidential Rule 28(j) letter Any motion to seal will be referred to the merits panel. The request to adopt the amicus briefing is granted with respect to the amicus brief of the United States and the Federal Trade Commission, see Fed. R. App. P. 29(a)(2), and is otherwise denied. The Clerk will file the amicus brief of the United States and the Federal Trade Commission. To the extent the parties and any putative amici continue to seek relief that was granted by or pending before the Federal Circuit with respect to any motions matter, the request must be made in a new motion addressed to this court, and must be made in compliance with this courts applicable rules and standards. This case will be placed on the next available calendar. See 9th Cir. Gen. Order 3.3(f). [12792193] (JBS) [Entered: 09/14/2023 10:50 AM] |
| Filing 15 MEDIATION CONFERENCE SCHEDULED - DIAL-IN Assessment Conference, 09/13/2023, 11:00 a.m. PACIFIC Time. The briefing schedule previously set by the court remains in effect. See order for instructions and details. [12777819] (CL) [Entered: 08/21/2023 12:42 PM] |
| Filing 14 MEDIATION ORDER FILED: By 08/23/2023, counsel to email Circuit Mediator regarding settlement potential. Include Ninth Circuit case name and number in subject line. This communication will be kept confidential, if requested, and should not be filed with the court. The existing briefing schedule remains in effect. SEE ORDER FOR DETAILS. [12775445] (CL) [Entered: 08/16/2023 02:34 PM] |
| Filing 13 The Mediation Questionnaire for this case was filed on 08/10/2023. To submit pertinent confidential information directly to the Circuit Mediators, please use the following # link . Confidential submissions may include any information relevant to mediation of the case and settlement potential, including, but not limited to, settlement history, ongoing or potential settlement discussions, non-litigated party related issues, other pending actions, and timing considerations that may impact mediation efforts.[12772351]. [23-16065] (AD) [Entered: 08/10/2023 06:44 PM] |
| Filing 12 Filed (ECF) Appellants Teradata Corporation, Teradata US, Inc. and Teradata Operations, Inc. Mediation Questionnaire. Date of service: 08/10/2023. [12772284] [23-16065] (Maynard, Deanne) [Entered: 08/10/2023 04:47 PM] |
| Filing 11 Filed (ECF) Appellees SAP America, Inc., SAP Labs, LLC and SAP SE Joint Motion for miscellaneous relief [to Proceed to Argument]. Date of service: 08/03/2023. [12767893] [23-16065] (Shanmugam, Kannon) [Entered: 08/03/2023 05:55 PM] |
| Filing 10 Added Attorney(s) Brian Matsui, James Sigel for party(s) Appellant Teradata US, Inc. Appellant Teradata Corporation Appellant Teradata Operations, Inc.. [12767836] (RL) [Entered: 08/03/2023 04:44 PM] |
| Filing 9 Filed (ECF) notice of appearance of James R. Sigel (Morrison & Foerster LLP, 425 Market Street, San Francisco CA 94105) for Appellants Teradata US, Inc., Teradata Operations, Inc. and Teradata Corporation. Date of service: 08/03/2023. (Party was previously proceeding with counsel.) [12767833] [23-16065] (Sigel, James) [Entered: 08/03/2023 04:42 PM] |
| Filing 8 Filed (ECF) notice of appearance of Brian R. Matsui (Morrison & Foerster LLP, 2100 L Street NW, Suite 900, Washington, DC 20037) for Appellants Teradata US, Inc., Teradata Operations, Inc. and Teradata Corporation. Date of service: 08/03/2023. (Party was previously proceeding with counsel.) [12767823] [23-16065] (Matsui, Brian) [Entered: 08/03/2023 04:38 PM] |
| Filing 7 Added Attorney(s) Deanne Maynard for party(s) Appellant Teradata US, Inc. Appellant Teradata Corporation Appellant Teradata Operations, Inc.. [12767818] (RL) [Entered: 08/03/2023 04:36 PM] |
| Filing 6 Filed (ECF) notice of appearance of Deanne E. Maynard (Morrison & Foerster LLP, 2100 L Street NW, Suite 900, Washington, DC 20037) for Appellants Teradata US, Inc., Teradata Operations, Inc. and Teradata Corporation. Date of service: 08/03/2023. (Party was previously proceeding with counsel.) [12767808] [23-16065] (Maynard, Deanne) [Entered: 08/03/2023 04:33 PM] |
| Filing 5 Added Attorney(s) Abigail Frisch Vice, Kannon K. Shanmugam for party(s) Appellee SAP SE Appellee SAP America, Inc. Appellee SAP Labs, LLC. [12767711] (RL) [Entered: 08/03/2023 03:14 PM] |
| Filing 4 Filed (ECF) notice of appearance of Abigail Frisch Vice (Paul, Weiss, Rifkind, Wharton & Garrison LLP. 2001 K Street, NW, Washington, DC 20006-1047) for Appellees SAP America, Inc., SAP Labs, LLC and SAP SE. Date of service: 08/03/2023. (Party was previously proceeding pro se.) [12767709] [23-16065] (Vice, Abigail) [Entered: 08/03/2023 03:11 PM] |
| Filing 3 Filed (ECF) notice of appearance of Kannon Shanmugam (Paul, Weiss, Rifkind, Wharton & Garrison LLP. 2001 K Street, NW, Washington, DC 20006-1047) for Appellees SAP America, Inc., SAP Labs, LLC and SAP SE. Date of service: 08/03/2023. (Party was previously proceeding with counsel.) [12767705] [23-16065] (Shanmugam, Kannon) [Entered: 08/03/2023 03:08 PM] |
| Filing 2 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Appellants Teradata Corporation, Teradata Operations, Inc. and Teradata US, Inc. Mediation Questionnaire due on 08/10/2023. Transcript ordered by 08/30/2023. Transcript due 10/02/2023. Appellants Teradata Corporation, Teradata Operations, Inc. and Teradata US, Inc. opening brief due 11/08/2023. Appellees SAP America, Inc., SAP Labs, LLC and SAP SE answering brief due 12/08/2023. Appellant's optional reply brief is due 21 days after service of the answering brief. [12767491] (RT) [Entered: 08/03/2023 12:28 PM] |
| Filing 1 Received copy of USCA for the Federal Circuit order filed on 08/01/2023.: ".... It is Ordered That: The above captioned appeal is transferred to the Ninth Circuit pursuant to 28 USC Section 1631." Jarrett B. Perlow, Clerk of Court. [12767475]--[COURT UPDATE Corrected entry to reflect correct filing date and updated dockcet text to reflect content of filing.. 08/03/2023 by SLM] (RT) [Entered: 08/03/2023 12:09 PM] |
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