BIAX Corporation v. NVIDIA Corporation et al
| BIAX Corporation |
| NVIDIA Corporation, Sony Computer Entertainment America Inc., Sony Computer Entertainment, Inc., Sony Electronics Inc., Sony Corporation of America and Sony Corporation |
| 1:2009cv01257 |
| May 29, 2009 |
| US District Court for the District of Colorado |
| Denver Office |
| Boulder |
| Philip A. Brimmer |
| Michael E. Hegarty |
| Plaintiff |
| 28 U.S.C. ยง 1338 Patent Infringement |
| Plaintiff |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
1114
MINUTE ORDER denying without prejudice the following motions: 1111 Sony Defendants' Renewed Motion for Issuance of a Writ of Execution and 1112 NVIDIA Corporation's Renewed Motion for Issuance of a Writ of Execution. By Magistrate Judge Michael E. Hegarty on 10/10/2013. (mehcd)
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Filing
1104
MINUTE ORDER denying without prejudice 1099 Defendant Sony's Motion for Issuance of Writ of Execution, by Magistrate Judge Michael E. Hegarty on 9/16/2013. (mehcd)
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Filing
1077
ORDER. NVIDIA is awarded $1,283,030.77 in attorney's fees and $28,648.24 in non-taxable costs. The Sony defendants are awarded $688,773 in attorney's fees and $10,913 in non-taxable costs. By Judge Philip A. Brimmer on 8/12/13. (mnfsl, )
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Filing
1037
ORDER: Defendants' Motion for Recovery of Attorneys' Fees and Expenses Incurred After Claim Construction 981 is GRANTED in part and DENIED in part. Defendants are entitled to an award of fees and costs incurred between June 23, 2011 and March 26, 2012, pursuant to 35 U.S.C. § 285, in an amount to be determined in a subsequent order. By Judge Philip A. Brimmer on 3/30/13.(pabsec)
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Filing
1025
MINUTE ORDER granting 1023 Motion for Leave for Ulysses S. Hui to Withdraw as Counsel for Defendant NVIDIA Corporation. Attorney Ulysses S. Hui is hereby terminated. By Magistrate Judge Michael E. Hegarty on 8/13/2012. (mehcd)
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Filing
996
ORDER denying 989 plaintiff's motion to defer. By Judge Philip A. Brimmer on 5/30/12.(mnfsl, )
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Filing
947
ORDER. Defendants' counterclaims are dismissed without prejudice. Pursuant to the Court's 2/15/2012 941 Order, judgment shall enter in favor of defendants and against plaintiff on all of plaintiff's claims. Defendants may have their costs pursuant to Fed. R. Civ. P. 54(d) and D.C.COLO.LCivR 54.1. All 728 , 730 , 733 pending motions are denied as moot and this case shall be closed in its entirety. By Judge Philip A. Brimmer on 3/26/12.(mnfsl, )
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Filing
941
ORDER. The 729 motion for summary judgment filed by defendants Sony Computer Entertainment America, Inc. and Sony Electronics Inc. is granted. The 876 , 887 motion for summary judgment filed by defendant NVIDIA Corporation is granted. All of pl aintiff's claims are dismissed and the only remaining claims in this action are defendants' counterclaims. Those 723 , 726 , 727 , 731 , 734 , 735 , 879 pending motions and objections which relate only to the issue of infringement a nd damages resulting therefrom are deemed moot. Within ten days of entry of this order, the parties shall file briefs not exceeding five pages addressing whether the Court should exercise jurisdiction over defendants' counterclaims. By Judge Philip A. Brimmer on 2/15/12.(mnfsl, )
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Filing
920
MINUTE ORDER granting 916 Motion for Reconsideration of Minute Order Striking Plaintiff BIAX Corporation's Response in Opposition to Defendant NVIDIA's [Corrected] Motion for Summary Judgment of Non-Infringement. The December 5, 2011 Min ute Order 915 striking plaintiff's response 911 to defendant NVIDIA's motion for summary judgment is vacated. The Clerk is instructed to remove the word "stricken" from Docket Nos. 911 and 913 .By Judge Philip A. Brimmer on 12/7/11.(pabcd)
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Filing
870
ORDER re: 855 Order on Plaintiff's Motion to Exclude Late-Produced Evidence and Expert Testimony that Relies on Such Evidence, by Magistrate Judge Michael E. Hegarty on 10/25/2011. (mehcd)
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Filing
868
ORDER. NVIDIA's 666 , 669 Motion for Leave to File a Further Summary Judgment Motion and 685 , 688 Amended Notice of Motion for Leave to File a Further Summary Judgment Motion are granted. NVIDIA may file a motion for summary judgment on or before 11/2/2011, such motion not to exceed twenty pages. By Judge Philip A. Brimmer on 10/18/11.(mnfsl, )
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Filing
855
ORDER granting in part and denying in part 732 Plaintiff's Motion to Exclude Late-Produced Evidence and Expert Testimony that Relies on Such Evidence, by Magistrate Judge Michael E. Hegarty on 10/4/2011. (mehcd)
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Filing
751
ORDER SETTING CASE FOR TRIAL. Ten-day Jury Trial set for 6/4/2012 at 08:00 AM in Courtroom A 701 before Judge Philip A. Brimmer. Trial Preparation Conference set for 5/18/2012 at 01:30 PM before Judge Philip A. Brimmer. By Judge Philip A. Brimmer on 8/17/11. (mnfsl, )
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Filing
664
ORDER granting in part and denying in part 612 NVIDIA Corporation's Motion for Attorneys' Fees and Costs Regarding Deposition of Edward Davidson, by Magistrate Judge Michael E. Hegarty on 4/5/2011. (mehcd)
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Filing
663
ORDER denying Defendant NVIDIA Corporation's 330 326 Motion for Summary Judgment, by Judge Philip A. Brimmer on 3/30/11.(lsw, )
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Filing
648
ORDER granting in part and denying in part 619 Plaintiff's Motion to Compel the Sony Defendants to Produce Certain Financial Information, by Magistrate Judge Michael E. Hegarty on 3/2/201. (mehcd)
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Filing
623
ORDER granting in part and denying in part 487 Defendant Sony's Combined Motion and Memorandum to Strike New Infringement Theories as Untimely. Fact discovery is closed for all purposes other than those specifically identified by the Court in its 2/7/2011 order. By Magistrate Judge Michael E. Hegarty on 2/8/2011. (mehcd)
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Filing
621
ORDER granting in part and denying in part 566 Plaintiff's Motion to Compel NVIDIA to Produce Additional Witness for Rule 30(b)(6) Deposition and for Sanctions and Expedited Consideration, by Magistrate Judge Michael E. Hegarty on 2/7/2011. (mehcd)
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Filing
600
ORDER granting 583 Defendant NVIDIA's Motion to Clarify the Court's January 5, 2011, Discovery Order, by Magistrate Judge Michael E. Hegarty on 1/26/2011. (mehcd)
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Filing
574
ORDER granting in part and denying in part 481 ( 478 ) Defendant NVIDIACorporation's Motion to Strike the Declaration of Edward Davidson for Abusive Deposition Conduct. Defendant NVIDIA may file a motion for its fees and costs consistent with the requirements of D.C. Colo. LCivR 7.1A and 54.3 on or before 1/31/2011. If Defendant NVIDIA chooses to conduct an additional deposition of Dr. Davidson, such deposition shall be completed on or before 1/31/2011, by Magistrate Judge Michael E. Hegarty on 1/7/11.(mnf, )
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Filing
573
ORDER granting in part and denying in part 500 Plaintiff's Motion to Compel NVIDIA to Produce for Deposition Rule 30(b)(6) Witnesses. The discovery ordered herein shall be completed on or before 2/4/2011. By Magistrate Judge Michael E. Hegarty on 1/5/2011. (mehcd)
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Filing
571
MINUTE ORDER denying 566 Plaintiff's request for expedited briefing of its Motion to Compel.... The Court sets the following briefing schedule: Defendant NVIDIA shall respond on or before January 11, 2011. Plaintiff may reply on or before January 21, 2011. By Magistrate Judge Michael E. Hegarty on 12/28/2010. (mehcd)
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Filing
550
ORDER granting in part and denying in part 535 Plaintiff's Motion Modify Scheduling Order to Extend Expert Deadlines, and denying as moot 547 Plaintiff's Motion for Expedited Consideration of its Motion to Modify Scheduling Order to Ext end Expert Deadlines. Fact discovery remains set for 1/11/2011. Initial expert disclosures due by 2/11/2011. Rebuttal expert disclosures due 3/11/2011. Expert discovery due by 4/11/2011. Dispositive Motions due by 4/11/2011. Final Pretrial Conference RESET for 4/14/2011 at 9:45 AM in Courtroom C203 before Magistrate Judge Michael E. Hegarty. By Magistrate Judge Michael E. Hegarty on 12/10/2010. (mehcd)
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Filing
523
ORDER granting in part and denying without prejudice in part 383 Plaintiff's Motion to Compel Sony to Produce for Deposition Rule 30(b)(6) Deposition Witness; and granting in part and denying in part 457 Defendant Sony's Motion for Clarification by the Magistrate Judge of September 21, 2010 Order. Fact discovery is extended up to and including 1/11/2010 for the sole purpose of the discovery ordered herein. By Magistrate Judge Michael E. Hegarty on 11/23/2010. (mehcd)
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Filing
519
Courtroom Minutes/Minute Order for proceedings held before Magistrate Judge Michael E. Hegarty: Motion Hearing held on 11/22/2010, taking under advisement 383 Plaintiff's to Compel Sony to Produce for Deposition Rule 30(b)(6) Deposition Witnes ses, 457 Sony's Motion for Clarification by the Magistrate Judge of the September 21, 2010 Order, and 500 Plaintiff's Motion to Compel Nvidia to Produce for Deposition Rule 30(b)(6) Deposition Witnesses. (FTR: C. Coomes - Courtroom C-203) (mehcd)
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Filing
455
ORDER denying 335 Defendants' Motion for Clarification of Claim Constructions to Incorporate Statement Made in the Claim Construction Order, by Judge Philip A. Brimmer on 10/28/10.(ebs, )
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Filing
438
ORDER granting in part and denying in part 362 Plaintiff's Motion to Compel NVIDIA to produce Rule 30(b)(6) Deposition Witnesses, by Magistrate Judge Michael E. Hegarty on 10/14/2010. (mehcd)
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Filing
435
MINUTE ORDER granting 428 Defendant NVIDIA Corporation's Motion for Partial Stay Pending Objection to Discovery Order by Magistrate Judge, by Magistrate Judge Michael E. Hegarty on 10/13/2010. (mehcd)
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Filing
388
ORDER granting in part and denying in part 226 Plaintiff BIAX's Motion to Compel Responses to First Set of Interrogatories and Second Set of Requests for Production of Documents and Things; granting in part and denying in part 234 Plaintiff BIAX's Motion to Compel NVIDIA to Respond to Plaintiff's Third Set of Interrogatories and Fourth Set of Requests for Production of Documents and Things; and granting in part and denying in part 235 Plaintiff BIAX's Motion to Compel the Sony Defendants to Respond to Plaintiff's Third Set of Interrogatories and Fourth Set of Requests for Production of Documents and Things, By Magistrate Judge Michael E. Hegarty on 9/21/2010. (mehcd)
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Filing
385
Courtroom Minutes/Minute Order for proceedings held before Magistrate Judge Michael E. Hegarty: Telephonic Motion Hearing held on 9/20/2010, granting in part and denying in part 343 Plaintiff's Motion to Modify Scheduling Order to Extend Disco very Cutoff. Fact Discovery due by 10/15/2010. Initial Expert Disclosures due by 10/20/2010. Rebuttal Expert Disclosures due by 11/29/2010. Expert Discovery due by 12/31/2010. Dispositive Motions due by 12/31/2010. (Court Reporter FTR - C. Coomes) (mehcd)
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Filing
307
ORDER REGARDING BIA1 040052-53 AND BIA1 039751-52: Plaintiff shall produce BIA1 040052-53 to Defendants and shall amend its proffered privilege log regarding BIA1 039751-52 within five business days of the final effect of this order. The effect of this order is hereby stayed for ten days pending appeal. By Magistrate Judge Michael E. Hegarty on 7/22/2010. (mehcd)
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Filing
300
Courtroom Minutes/Minute Order for proceedings held before Magistrate Judge Michael E. Hegarty: Telephonic Motions Hearing held on 7/14/2010, denying 222 (sealed document #219) Motion to Compel; denying without prejudice 233 Motion to Amend/Correct/Modify; granting in part and denying without prejudice in part 241 (sealed document #236) Motion to Compel; granting 253 Motion to Seal. Status Report due by 7/23/2010. (Court Reporter FTR - C. Coomes) (mehcd)
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Filing
231
ORDER REGARDING CLAIM CONSTRUCTION: The patent claim terms presently at issue shall be construed as set forth in this Order, by Judge Philip A. Brimmer on 6/21/10. (ebs, )
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Filing
199
ORDER granting 197 Motion for Clarification of Scheduling Order, etc., to the extent it seeks clarification of the Scheduling Order, by Magistrate Judge Michael E. Hegarty on 5/7/2010. (mehcd)
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Filing
175
Minute ORDER granting 161 Motion to Submit a Video Technology Tutorial. Parties may submit tutorials on or before 5/10/10, by Judge Philip A. Brimmer on 4/20/10.(jak, )
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Filing
167
MINUTE ORDER granting in part and denying in part 111 Plaintiff BIAX's Motion to Compel Production of Documents from Defendant Nvidia; granting in part and denying in part 115 Plaintiff BIAX's Motion to Compel Production of Documents from Defendants Sony; granting in part and denying in part 116 Defendants' Motion to Compel Interrogatory Response and Production of Documents. By Magistrate Judge Michael E. Hegarty on 4/14/2010. (mehcd)
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Filing
160
PRELIMINARY ORDER REGARDING DISCLOSURE OF THE 10/8/2008 LIVINGSTONE DEPOSITION TRANSCRIPT: This Order communicates the preliminary determination of the Court as to disclosure of the deposition, and the Court is inclined to allow disclosure of pages 26-29, 38-39, 62-65, and 70-73 of the deposition transcript of Mr. Livingstone dated 10/28/2008. By Magistrate Judge Michael E. Hegarty on 4/1/2010. (mehcd)
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Filing
142
MINUTE ORDER granting 126 Plaintiff's Unopposed Motion to File Plaintiff's Position Statement and Motion for Protective Order Regarding Duplicative Depositions Under Seal. Granting 128 Defendants' Unopposed Motion for Leave to Fil e Under Seal. Clerk shall maintain under seal the documents at Dockets ##127, 129, and 131. Granting in part and denying in part 134 Plaintiff's Motion for Protective Order Regarding Duplicative Depositions, by Magistrate Judge Michael E. Hegarty on 3/17/10.(ebs, )
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Filing
120
Courtroom Minutes/Minute Order for proceedings held before Magistrate Judge Michael E. Hegarty: Motion Hearing held on 2/11/2010, granting 98 Defendants' Motion to Compel Production of Documents from Prior Litigation. Plaintiff shall produce the entire hard drive requested on or before 2/17/2010. (Court Reporter FTR - C. Coomes) (mehcd)
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Filing
90
PROTECTIVE ORDER by Magistrate Judge Michael E. Hegarty on 10/13/2009. (mehcd)
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Filing
89
ORDER denying 75 Plaintiff BIAX Corporation's Motion for Entry of Protective Order. Granting 76 Defendants' Motion for Protective Order. Defendants shall submit their proposed protective order on or before 10/8/2009, by Magistrate Judge Michael E. Hegarty on 10/5/09.(ebs, )
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Filing
71
ORDER granting 60 Stipulated Motion Regarding Dismissal of Certain Sony Defendants and Discovery, to the extent referred and Orders the stipulations as set forth in this Order, by Magistrate Judge Michael E. Hegarty on 9/10/09.(ebs, )
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Filing
70
ORDER granting in part 60 Parties' Stipulated Motion Regarding Dismissal of Certain Sony Defendants and Discovery. Pursuant to Fed. R. Civ. P. 41(a), plaintiff BIAX Corporations claims against defendants Sony Corporation, Sony Computer Entert ainment Inc., and Sony Corporation of America are dismissed without prejudice. Pursuant to agreement of the parties, Sony Corporation, Sony Computer Entertainment Inc., and Sony Corporation of America shall be jointly and severally liable for the pa yment of any judgment that the Court may enter in this case in favor of plaintiff BIAX Corporation and against defendants Sony Computer Entertainment America Inc. and Sony Electronics Inc. Future filings in this action shall omit Sony Corporation, Sony Computer Entertainment Inc., and Sony Corporation of America from the case caption, by Judge Philip A. Brimmer on 9/9/09.(ebs, )
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Filing
64
ORDER On or before 9/9/2009, Defendants shall notify the Court whether they request the Court to enter the proposed order attached to their stipulated motion 60 not under seal. The stipulated motion 60 is referred to Magistrate Judge Michael E. Hegarty to the extent that it pertains to discovery in this action, namely, with respect to the relief requested in paragraphs 2, 3, 5, and 6, by Judge Philip A. Brimmer on 9/2/09. (ebs, )
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Filing
50
ORDER granting 45 Defendants' Motion for Entry of Order Setting Markman Briefing and Hearing Schedule and for Related Relief. Issues pertaining to claim construction shall be briefed according to the schedule set forth in this Order. Markman Hearing set for 5/27/2010 08:30 AM in Courtroom A 701 before Judge Philip A. Brimmer, by Judge Philip A. Brimmer on 8/12/09.(ebs, )
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Filing
8
ORDER SETTING HEARING UNDER FED. R. CIV. P. 16: In Court Hearing set for 7/30/2009 at 03:00 PM in Courtroom A 601 before Judge Philip A. Brimmer, by Judge Philip A. Brimmer on 6/9/09. (ebs, )
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