Digital Broadcasting Solutions, LLC v. DISH Network L.L.C. et al
| Digital Broadcasting Solutions, LLC |
| Dish Network L.L.C and DISH Technologies L.L.C |
| 1:2023cv02946 |
| November 7, 2023 |
| US District Court for the District of Colorado |
| Susan Prose |
| Charlotte N Sweeney |
| Patent |
| 35 U.S.C. § 271 Patent Infringement |
| Plaintiff |
Docket Report
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| Filing 77 MEMORANDUM regarding #75 MOTION to Stay Pending Final Resolution of the Instituted Inter Partes Reviews. Motion #75 is referred to Magistrate Judge Susan Prose, by Judge Charlotte N. Sweeney on 12/20/2023. Text Only Entry (cnsja. ) |
Filing 76
MINUTE ORDER by Magistrate Judge Susan Prose on 12/20/2023, finding as moot #68 Motion to Stay. Text Only Entry (sbplc3)
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| Filing 75 MOTION to Stay Pending Final Resolution of the Instituted Inter Partes Reviews by Defendants DISH Technologies L.L.C, Dish Network L.L.C. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Guy, George) |
| Filing 74 NOTICE re #68 MOTION to Stay Pending Decisions on Petitions for Inter Partes Review is Moot by Defendants DISH Technologies L.L.C, Dish Network L.L.C (Attachments: #1 Exhibit A)(Guy, George) |
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Filing 73
ORDER REFERRING CASE to Magistrate Judge Susan Prose for non-dispositive matters. 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 Local Civ. R. 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) pursuant to Local Civ. R. 16.6 and at the discretion of the Magistrate Judge, convene such early neutral evaluation and/or settlement conferences and direct related procedures as may facilitate resolution of this case without the necessity of a motion or prior authorization of the undersigned. The Motion to Stay Pending Decisions on Petitions for Inter Partes Review (ECF No. #68 is referred to Magistrate Judge Susan Prose. By Judge Charlotte N. Sweeney on 12/11/2023. Text Only Entry (cnsja. )
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| Filing 72 CASE REASSIGNED. Pursuant to #71 Consent to Jurisdiction of Magistrate Judge. All parties do not consent. This case is randomly reassigned to Judge Charlotte N. Sweeney and drawn to Magistrate Judge Susan B. Prose. All future pleadings should be designated as 23-cv-2946-CNS (Text Only Entry) (angar, ) |
| Filing 71 CONSENT to Jurisdiction of Magistrate Judge by Plaintiff Digital Broadcasting Solutions, LLC All parties do not consent.. (Williams, Fred) |
| Filing 70 RESPONSE to #68 MOTION to Stay Pending Decisions on Petitions for Inter Partes Review filed by Plaintiff Digital Broadcasting Solutions, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Proposed Order (PDF Only))(Williams, Fred) |
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Filing 69
MINUTE ORDER by Magistrate Judge Susan Prose on 11/28/2023. Upon review of the docket, it has come to the court's attention that the parties have not filed a magistrate judge consent form required by D.C.COLO.LCivR 40.1(c)(4). The parties are hereby ORDERED to file a consent form on or before 12/8/2023. Text Only Entry (sbplc3)
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| Filing 68 MOTION to Stay Pending Decisions on Petitions for Inter Partes Review by Defendant Dish Network L.L.C. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Proposed Order (PDF Only))(Guy, George) |
| Filing 67 NOTICE of Entry of Appearance by Wesley D. Edwards on behalf of Dish Network L.L.CAttorney Wesley D. Edwards added to party Dish Network L.L.C(pty:dft) (Edwards, Wesley) |
| Filing 66 NOTICE of Entry of Appearance by Ali Nooruddin Dhanani on behalf of Dish Network L.L.CAttorney Ali Nooruddin Dhanani added to party Dish Network L.L.C(pty:dft) (Dhanani, Ali) |
| Filing 65 NOTICE of Entry of Appearance by Zacharias E. Shepard on behalf of Dish Network L.L.CAttorney Zacharias E. Shepard added to party Dish Network L.L.C(pty:dft) (Shepard, Zacharias) |
| Filing 64 NOTICE of Entry of Appearance by Thomas B. Carter, Jr on behalf of Dish Network L.L.CAttorney Thomas B. Carter, Jr added to party Dish Network L.L.C(pty:dft) (Carter, Thomas) |
| Filing 63 NOTICE of Entry of Appearance by Amy E. Bergeron on behalf of Dish Network L.L.CAttorney Amy E. Bergeron added to party Dish Network L.L.C(pty:dft) (Bergeron, Amy) |
| Filing 62 NOTICE of Entry of Appearance by Michael J. Fagan, Jr on behalf of Digital Broadcasting Solutions, LLCAttorney Michael J. Fagan, Jr added to party Digital Broadcasting Solutions, LLC(pty:pla) (Fagan, Michael) |
| Filing 61 NOTICE of Entry of Appearance by John Wittenzellner on behalf of Digital Broadcasting Solutions, LLCAttorney John Wittenzellner added to party Digital Broadcasting Solutions, LLC(pty:pla) (Wittenzellner, John) |
| Filing 60 NOTICE of Entry of Appearance by Todd E. Landis on behalf of Digital Broadcasting Solutions, LLCAttorney Todd E. Landis added to party Digital Broadcasting Solutions, LLC(pty:pla) (Landis, Todd) |
| Filing 59 NOTICE of Entry of Appearance by Fred I. Williams on behalf of Digital Broadcasting Solutions, LLCAttorney Fred I. Williams added to party Digital Broadcasting Solutions, LLC(pty:pla) (Williams, Fred) |
| Filing 58 NOTICE of Entry of Appearance by Kurt Max Pankratz on behalf of Dish Network L.L.CAttorney Kurt Max Pankratz added to party Dish Network L.L.C(pty:dft) (Pankratz, Kurt) |
| Filing 57 NOTICE of Entry of Appearance by George Hopkins Guy, III on behalf of Dish Network L.L.CAttorney George Hopkins Guy, III added to party Dish Network L.L.C(pty:dft) (Guy, George) |
| Filing 56 Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (tgall, ) |
| Filing 55 Report re Patent/Trademark: Report on the filing of an action emailed (NEF) to the Director of the U.S. Patent and Trademark Office. (tgall, ) |
| Filing 54 Case assigned to Magistrate Judge Susan Prose. Text Only Entry. (tgall, ) |
| Filing 53 FIRST AND FINAL NOTICE TO ALL ATTORNEY(S) AND UNREPRESENTED PARTIES IN REMOVED, TRANSFERRED, OR OTHER CASES. To receive any further notice in a case removed or transferred to this court, or special matters including discovery disputes, bankruptcy appeals, or withdrawals of reference, Multi-district litigation (MDL), etc., all attorneys and unrepresented parties must enter an appearance under D.C.COLO.LAttyR 5(a). An attorney must be an active member of this court's bar and be in good standing in accordance with D.C.COLO.LAttyR 3. A waiver of the fee for bar admission may apply in limited situations. (Text Only Entry). (tgall, ) |
| Filing 52 Case transferred in from District of Texas Eastern; Case Number 2:22-cv-00335. File, transfer order and docket sheet received. |
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Filing 51
ORDER granting #50 Motion to Withdraw as Attorney. Attorney Michael Simons terminated. Signed by District Judge Rodney Gilstrap on 7/27/2023. (ch, ) [Transferred from Texas Eastern on 11/7/2023.]
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| Filing 50 Unopposed MOTION to Withdraw as Attorney (Michael Simons) by Digital Broadcasting Solutions, LLC. (Attachments: #1 Proposed Order)(Williams, Fred) [Transferred from Texas Eastern on 11/7/2023.] |
| Filing 49 NOTICE by DISH Network L.L.C. OF PROPOSED REDACTIONS TO THE COURT'S ORDER FILED AS DKT. 48 (JOINT) (Attachments: #1 Exhibit A)(Smith, Melissa) [Transferred from Texas Eastern on 11/7/2023.] |
| Filing 47 NOTICE by DISH Network L.L.C. of Compliance re Preliminary Proposed Constructions of Claim Terms and Preliminary Indentification of Extrinsic Evidence (Smith, Melissa) [Transferred from Texas Eastern on 11/7/2023.] |
| Filing 46 NOTICE by DISH Network L.L.C. re #20 MOTION to Change Venue TO THE DISTRICT OF COLORADO (NOTICE OF RIPENESS) (Smith, Melissa) [Transferred from Texas Eastern on 11/7/2023.] |
| Filing 45 SEALED PATENT SUPPLEMENTAL REPLY to Response to PATENT Motion re #20 MOTION to Change Venue TO THE DISTRICT OF COLORADO filed by Digital Broadcasting Solutions, LLC. (Attachments: #(1) Exhibit 1, #(2) Exhibit 2, #(3) Exhibit 3) (Williams, Fred) [Transferred from Texas Eastern on 11/7/2023.] |
| Filing 44 REDACTION to #42 Sealed Document, DISH Network L.L.C.'s Supplemental Brief In Support of Its Motion Pursuant to 28 U.S.C. 1404(a) to Transfer to the District of Colorado by DISH Network L.L.C.. (Attachments: #1 Exhibit E - Redacted)(Dhanani, Ali) [Transferred from Texas Eastern on 11/7/2023.] |
| Filing 43 Additional Attachments to Main Document: #42 Sealed Document, #20 MOTION to Change Venue TO THE DISTRICT OF COLORADO.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit H, #4 Exhibit I, #5 Exhibit J, #6 Exhibit K, #7 Exhibit L, #8 Exhibit M, #9 Exhibit N, #10 Exhibit O, #11 Exhibit Q, #12 Exhibit R, #13 Exhibit S, #14 Exhibit T)(Dhanani, Ali) [Transferred from Texas Eastern on 11/7/2023.] |
| Filing 42 Sealed Document - DEFENDANT DISH NETWORK L.L.C.S SUPPLEMENTAL BRIEF IN SUPPORT OF ITS MOTION PURSUANT TO 28 U.S.C. 1404(a) TO TRANSFER TO THE DISTRICT OF COLORADO (Docket No. 20) (Attachments: #1 Exhibit C, #2 Exhibit D, #3 Exhibit E, #4 Exhibit F, #5 Exhibit G, #6 Exhibit P)(Dhanani, Ali) [Transferred from Texas Eastern on 11/7/2023.] |
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Filing 41
ORDER carrying #20 MOTION to Change Venue TO THE DISTRICT OF COLORADO. Signed by District Judge Rodney Gilstrap on 1/19/2023. (ch, ) [Transferred from Texas Eastern on 11/7/2023.]
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| Filing 40 SUR-REPLY to Reply to Response to Motion re #20 MOTION to Change Venue TO THE DISTRICT OF COLORADO filed by Digital Broadcasting Solutions, LLC. (Williams, Fred) [Transferred from Texas Eastern on 11/7/2023.] |
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Filing 39
PROTECTIVE ORDER. Signed by Magistrate Judge Roy S. Payne on 12/16/2022. (nkl, ) [Transferred from Texas Eastern on 11/7/2023.]
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| Filing 38 SUR-REPLY to Reply to Response to Motion re #18 MOTION to Dismiss INDIRECT INFRINGEMENT AND WILLFULNESS ALLEGATIONS filed by Digital Broadcasting Solutions, LLC. (Williams, Fred) [Transferred from Texas Eastern on 11/7/2023.] |
| Filing 37 REPLY to Response to Motion re #20 MOTION to Change Venue TO THE DISTRICT OF COLORADO PURSUANT TO 28 U.S.C. 1404(a) filed by DISH Network L.L.C.. (Smith, Melissa) [Transferred from Texas Eastern on 11/7/2023.] |
| Filing 36 Joint MOTION for Entry of Agreed Protective Order by Digital Broadcasting Solutions, LLC. (Attachments: #1 [PROPOSED] Protective Order)(Williams, Fred) [Transferred from Texas Eastern on 11/7/2023.] |
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Filing 35
ORDER granting #30 Joint MOTION for Extension of Time to File Proposed Protective Order. Signed by District Judge Rodney Gilstrap on 12/12/2022. (ch, ) [Transferred from Texas Eastern on 11/7/2023.]
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Filing 34
ORDER granting #33 Unopposed MOTION FOR EXTENSION OF TIME TO FILE A REPLY AND SUR-REPLY BRIEFS. Signed by District Judge Rodney Gilstrap on 12/12/2022. (ch, ) [Transferred from Texas Eastern on 11/7/2023.]
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| Filing 33 Unopposed MOTION FOR EXTENSION OF TIME TO FILE A REPLY AND SUR-REPLY BRIEFS by DISH Network L.L.C.. (Attachments: #1 Text of Proposed Order)(Smith, Melissa) [Transferred from Texas Eastern on 11/7/2023.] |
| Filing 32 REPLY to Response to Motion re #18 MOTION to Dismiss INDIRECT INFRINGEMENT AND WILLFULNESS ALLEGATIONS REPLY IN SUPPORT filed by DISH Network L.L.C.. (Smith, Melissa) [Transferred from Texas Eastern on 11/7/2023.] |
| Filing 31 NOTICE by DISH Network L.L.C. of Compliance Regarding Initial and Additional Disclosures (Smith, Melissa) [Transferred from Texas Eastern on 11/7/2023.] |
| Filing 30 Joint MOTION for Extension of Time to File Proposed Protective Order by Digital Broadcasting Solutions, LLC. (Attachments: #1 Text of Proposed Order)(Williams, Fred) [Transferred from Texas Eastern on 11/7/2023.] |
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Filing 29
DISCOVERY ORDER granting #26 Joint MOTION for Entry of Agreed Discovery Order. Signed by District Judge Rodney Gilstrap on 12/2/2022. (ch, ) [Transferred from Texas Eastern on 11/7/2023.]
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Filing 28
DOCKET CONTROL ORDER granting #25 Joint MOTION for Entry of Agreed Docket Control Order. Pretrial Conference set for 2/26/2024 09:00 AM before District Judge Rodney Gilstrap., Amended Pleadings due by 7/20/2023., Jury Selection set for 4/1/2024 09:00AM before District Judge Rodney Gilstrap., Markman Hearing set for 9/28/2023 09:00 AM before District Judge Rodney Gilstrap., Motions due by 2/5/2024., Proposed Pretrial Order due by 2/20/2024. Signed by District Judge Rodney Gilstrap on 12/2/2022. (ch, ) [Transferred from Texas Eastern on 11/7/2023.]
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| Filing 27 RESPONSE in Opposition re #20 MOTION to Change Venue TO THE DISTRICT OF COLORADO filed by Digital Broadcasting Solutions, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Text of Proposed Order)(Williams, Fred) [Transferred from Texas Eastern on 11/7/2023.] |
| Filing 26 Joint MOTION for Entry of Agreed Discovery Order by Digital Broadcasting Solutions, LLC. (Attachments: #1 Text of Proposed Order)(Williams, Fred) [Transferred from Texas Eastern on 11/7/2023.] |
| Filing 25 Joint MOTION for Entry of Agreed Docket Control Order by Digital Broadcasting Solutions, LLC. (Attachments: #1 Text of Proposed Order)(Williams, Fred) [Transferred from Texas Eastern on 11/7/2023.] |
| Filing 24 RESPONSE in Opposition re #18 MOTION to Dismiss INDIRECT INFRINGEMENT AND WILLFULNESS ALLEGATIONS filed by Digital Broadcasting Solutions, LLC. (Attachments: #1 Text of Proposed Order)(Williams, Fred) [Transferred from Texas Eastern on 11/7/2023.] |
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Filing 23
ORDER granting #22 Joint MOTION to Extend Briefing Deadlines. Signed by District Judge Rodney Gilstrap on 11/22/2022. (ch, ) [Transferred from Texas Eastern on 11/7/2023.]
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| Filing 22 Joint MOTION to Extend Briefing Deadlines by Digital Broadcasting Solutions, LLC. (Attachments: #1 Text of Proposed Order)(Williams, Fred) [Transferred from Texas Eastern on 11/7/2023.] |
| Minute Entry for proceedings held before District Judge Rodney Gilstrap: Scheduling Conference held on 11/17/2022. Counsel for the parties appeared. Court asked whether they consented to trial before the U.S. Magistrate Judge. Court then gave counsel Claim Construction and Jury Selection/Trial dates. (Court Reporter Shawn McRoberts, RMR, CRR) (aeb) [Transferred from Texas Eastern on 11/7/2023.] |
| Filing 21 NOTICE of Attorney Appearance by Michael James Fagan, Jr on behalf of Digital Broadcasting Solutions, LLC (Fagan, Michael) [Transferred from Texas Eastern on 11/7/2023.] |
| Filing 20 MOTION to Change Venue TO THE DISTRICT OF COLORADO by DISH Network L.L.C.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit A, #5 Exhibit B, #6 Exhibit C, #7 Exhibit D, #8 Exhibit E, #9 Exhibit F, #10 Exhibit G, #11 Exhibit H, #12 Exhibit I, #13 Exhibit J, #14 Exhibit K, #15 Exhibit L, #16 Exhibit M, #17 Exhibit N, #18 Exhibit O, #19 Exhibit P, #20 Exhibit Q, #21 Text of Proposed Order)(Smith, Melissa) [Transferred from Texas Eastern on 11/7/2023.] |
| Filing 19 CORPORATE DISCLOSURE STATEMENT filed by DISH Network L.L.C. (Smith, Melissa) [Transferred from Texas Eastern on 11/7/2023.] |
| Filing 18 MOTION to Dismiss INDIRECT INFRINGEMENT AND WILLFULNESS ALLEGATIONS by DISH Network L.L.C., DISH Technologies L.L.C.. (Attachments: #1 Affidavit A. Bergeron, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Text of Proposed Order)(Smith, Melissa) [Transferred from Texas Eastern on 11/7/2023.] |
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Filing 17
ORDER granting #16 Joint Stipulation of Voluntary Dismissal as to DISH Technologies L.L.C. Court ACCEPTS AND ACKNOWLEDGES that all claims and causes of action asserted by Plaintiff in the above-captioned case with respect to Defendant DISH Technologies L.L.C. are DISMISSED WITHOUT PREJUDICE. Signed by District Judge Rodney Gilstrap on 11/8/2022. (ch, ) [Transferred from Texas Eastern on 11/7/2023.]
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| Filing 16 STIPULATION of Dismissal of DISH Technologies L.L.C. by DISH Network L.L.C., DISH Technologies L.L.C.. (Lynn, Jamie) [Transferred from Texas Eastern on 11/7/2023.] |
| Filing 15 NOTICE of Attorney Appearance by Amy E. Bergeron on behalf of DISH Network L.L.C., DISH Technologies L.L.C. (Bergeron, Amy) [Transferred from Texas Eastern on 11/7/2023.] |
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Filing 14
ORDER - Scheduling Conference set for 11/17/2022 10:00 AM before District Judge Rodney Gilstrap. Signed by District Judge Rodney Gilstrap on 10/21/2022. (nkl, ) [Transferred from Texas Eastern on 11/7/2023.]
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| Filing 13 Defendant's Unopposed Second Application for Extension of Time to Answer Complaint re DISH Network L.L.C., DISH Technologies L.L.C..( Pankratz, Kurt) [Transferred from Texas Eastern on 11/7/2023.] |
| Defendant's Unopposed Second Application for Extension of Time to Answer Complaint is granted pursuant to Local Rule CV-12 for DISH Technologies L.L.C. to 11/8/2022; DISH Network L.L.C. to 11/8/2022. 15 Days Granted for Deadline Extension.( nkl, ) [Transferred from Texas Eastern on 11/7/2023.] |
| Filing 12 NOTICE of Attorney Appearance by Thomas Bence Carter, Jr on behalf of DISH Network L.L.C., DISH Technologies L.L.C. (Carter, Thomas) [Transferred from Texas Eastern on 11/7/2023.] |
| Filing 11 NOTICE of Attorney Appearance by George Hopkins Guy, III on behalf of DISH Network L.L.C., DISH Technologies L.L.C. (Guy, George) [Transferred from Texas Eastern on 11/7/2023.] |
| Filing 10 NOTICE of Attorney Appearance by Ali Dhanani on behalf of DISH Network L.L.C., DISH Technologies L.L.C. (Dhanani, Ali) [Transferred from Texas Eastern on 11/7/2023.] |
| Filing 9 NOTICE of Attorney Appearance by Jamie Roy Lynn on behalf of DISH Network L.L.C., DISH Technologies L.L.C. (Lynn, Jamie) [Transferred from Texas Eastern on 11/7/2023.] |
| Filing 8 NOTICE of Attorney Appearance by John Wittenzellner on behalf of Digital Broadcasting Solutions, LLC (Wittenzellner, John) [Transferred from Texas Eastern on 11/7/2023.] |
| Filing 7 NOTICE of Attorney Appearance by Michael Simons on behalf of Digital Broadcasting Solutions, LLC (Simons, Michael) [Transferred from Texas Eastern on 11/7/2023.] |
| Filing 6 NOTICE of Attorney Appearance by Fred Irvin Williams on behalf of Digital Broadcasting Solutions, LLC (Williams, Fred) [Transferred from Texas Eastern on 11/7/2023.] |
| Filing 5 Defendant's Unopposed First Application for Extension of Time to Answer Complaint re DISH Network L.L.C., DISH Technologies L.L.C..( Pankratz, Kurt) [Transferred from Texas Eastern on 11/7/2023.] |
| Defendant's Unopposed FIRST Application for Extension of Time to Answer Complaint is granted pursuant to Local Rule CV-12 for DISH Technologies L.L.C. to 10/24/2022; DISH Network L.L.C. to 10/24/2022. 30 Days Granted for Deadline Extension.( ch, ) [Transferred from Texas Eastern on 11/7/2023.] |
| Filing 4 SUMMONS Issued as to DISH Network L.L.C., DISH Technologies L.L.C.. (Attachments: #1 Summons(es))(ch, ) [Transferred from Texas Eastern on 11/7/2023.] |
| Case assigned to District Judge Rodney Gilstrap. (ch, ) [Transferred from Texas Eastern on 11/7/2023.] |
| 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. (ch, ) [Transferred from Texas Eastern on 11/7/2023.] |
| Filing 3 CORPORATE DISCLOSURE STATEMENT filed by Digital Broadcasting Solutions, LLC (Landis, Todd) [Transferred from Texas Eastern on 11/7/2023.] |
| Filing 2 Notice of Filing of Patent/Trademark Form (AO 120). AO 120 mailed to the Director of the U.S. Patent and Trademark Office. (Landis, Todd) [Transferred from Texas Eastern on 11/7/2023.] |
| Filing 1 COMPLAINT for Patent Infringement against All Defendants ( Filing fee $ 402 receipt number ATXEDC-9095962.), filed by Digital Broadcasting Solutions, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Civil Cover Sheet)(Landis, Todd) [Transferred from Texas Eastern on 11/7/2023.] |
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