Activision TV Inc. v. Arby's Restaurant Group Inc.
Plaintiff: Activision TV Inc.
Defendant: Arby's Restaurant Group Inc.
Case Number: 1:2013cv01759
Filed: October 25, 2013
Court: US District Court for the District of Delaware
Office: Wilmington Office
County: XX US, Outside State
Presiding Judge: Sue L Robinson
Nature of Suit: Patent
Cause of Action: 35 U.S.C. § 271 Patent Infringement
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on May 19, 2014. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 19, 2014 Filing 36 Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) US 7,369,058 B2; US 8,330,613 B2. (Attachments: #1 Stipulation of Dismissal)(fms)
May 16, 2014 Opinion or Order Filing 35 ORDER Setting Teleconference: plaintiffs counsel shall initiate the call. A Telephone Conference is set for 8/7/2014 at 03:30 PM before Judge Sherry R. Fallon to discuss ADR. Signed by Judge Sherry R. Fallon on 5/16/2014. (lih)
May 14, 2014 CASE CLOSED per D.I. #34 . (fms)
May 14, 2014 Filing 34 STIPULATION of Dismissal by Activision TV Inc.. (Devlin, Timothy)
May 5, 2014 CASE REFERRED to Judge Fallon for Mediation. Associated Cases: 1:13-cv-01360-SLR et al.(lih)
May 2, 2014 Opinion or Order Filing 33 ORDER re Scheduling Order. Case referred to the Magistrate Judge for the purpose of exploring ADR only. The earlier referral for discovery and motions to dismiss, amend, transfer and any discovery motions is withdrawn. The motions to stay in Civ. Nos. 13-1471-SLR and 13-1472-SLR are no longer referred to a Magistrate Judge. Signed by Judge Sue L. Robinson on 5/2/2014. Associated Cases: 1:13-cv-01360-SLR et al.(nmfn)
April 30, 2014 Opinion or Order SO ORDERED, re (33 in 1:13-cv-01892-SLR, 31 in 1:13-cv-01360-SLR, 31 in 1:13-cv-01759-SLR, 31 in 1:13-cv-01757-SLR, 35 in 1:13-cv-01471-SLR, 36 in 1:13-cv-01472-SLR, 31 in 1:13-cv-01758-SLR, 37 in 1:13-cv-01597-SLR, 33 in 1:13-cv-01523-SLR) SCHEDULING ORDER: Case referred to the Magistrate Judge for the purpose of exploring ADR. Case referred to the Magistrate Judge for discovery and motions to dismiss, amend, transfer, and any discovery motions permitted by the Magistrate Judge. The pending motions to stay in Civ. Nos. 13-1471 and 13-1472-SLR are referred to a Magistrate Judge for disposition. ( Joinder of Parties due by 11/17/2014., Amended Pleadings due by 5/1/2015., A Status Conference is set for 6/2/2015 at 04:30 PM in Courtroom 4B before Judge Sue L. Robinson, Dispositive Motions due by 11/2/2015., An Oral Argument is set for 1/29/2016 at 09:30 AM in Courtroom 4B before Judge Sue L. Robinson., Claim Construction Opening Brief due by 1/8/2015., Claim Construction Answering Brief due by 2/10/2015., Claim Construction Reply Brief due by 2/24/2015., Claim Construction Surreply Brief due by 3/10/2015., A Markman Hearing is set for 4/10/2015 at 09:30 AM in Courtroom 4B before Judge Sue L. Robinson., A Status Conference re: Expert Discovery is set for 9/8/2015 at 04:30 PM in Courtroom 4B before Judge Sue L. Robinson)., A Final Pretrial Conference is set for 6/2/2016 at 04:30 PM in Courtroom 4B before Judge Sue L. Robinson., A Jury Trial is set for 6/20/2016 at 09:00 AM in Courtroom 4B before Judge Sue L. Robinson. Signed by Judge Sue L. Robinson on 4/30/2014. Associated Cases: 1:13-cv-01360-SLR et al.(nmfn)
April 29, 2014 Filing 32 NOTICE OF SERVICE of Activelight, Inc., f/k/a Activision TV Inc.s Disclosures Pursuant to Paragraph 1(c)(4) of the Patent Scheduling Order filed by Activision TV Inc., Activelight Inc..(Devlin, Timothy)
April 29, 2014 Filing 31 PROPOSED SCHEDULING ORDER. (fms)
April 28, 2014 Filing 30 Letter to Honorable Sue L. Robinson from Timothy Devlin (#4241) regarding Patent Scheduling Order. (Attachments: #1 Text of Proposed Order)(Devlin, Timothy)
April 21, 2014 Minute Entry for proceedings held before Judge Sue L. Robinson - Scheduling Conference held on 4/21/2014. (Court Reporter V. Gunning.) Counsel to submit the final proposed scheduling order to the court. Associated Cases: 1:13-cv-01360-SLR et al.(nmfn)
April 18, 2014 Filing 29 Joint Letter to Honorable Sue L. Robinson from Timothy Devlin (#4241) regarding Joint Proposed Schedule. (Attachments: #1 Text of Proposed Order)(Devlin, Timothy)
March 27, 2014 Filing 28 NOTICE OF SERVICE of Initial Identification of Accused Products and Asserted Claims filed by Activision TV Inc., Activelight Inc..(Devlin, Timothy)
March 26, 2014 Filing 27 NOTICE OF SERVICE of Activelight, Inc., f/k/a Activision TV, Inc.s Disclosures Pursuant to Section 3 of The Delaware Default Standard for Discovery filed by Activelight Inc., Activision TV Inc..(Devlin, Timothy)
March 26, 2014 Opinion or Order Filing 26 Order Setting Patent Scheduling Conference: An In-Person Scheduling Conference is set for 4/21/2014 at 02:00 PM in Courtroom 4B before Judge Sue L. Robinson. Signed by Judge Sue L. Robinson on 3/26/2014. Associated Cases: 1:13-cv-01087-SLR et al.(nmfn)
March 24, 2014 Filing 25 Letter to Counsel from Judge Robinson regarding changes to the way the Court processes patent cases. (nmfn)
March 19, 2014 Filing 24 NOTICE OF SERVICE of Activelight, Inc., f/k/a Activision TV, Inc.s Fed. R. Civ. P. 26(a)(1) Initial Disclosures filed by Activision TV Inc., Activelight Inc..(Devlin, Timothy)
March 18, 2014 Filing 23 NOTICE OF SERVICE of Initial Disclosures filed by Arby's Restaurant Group Inc..(Mayo, Andrew)
March 14, 2014 Filing 22 NOTICE of Withdrawal of James R. Perkins pursuant to Local Rule 83.7 by Activision TV Inc. (Devlin, Timothy)
March 6, 2014 Pro Hac Vice Attorney Wesley Achey for Arby's Restaurant Group Inc.,Wesley Achey for Wendy's International Inc.,Wesley Achey for Smashburger Master LLC added for electronic noticing. Associated Cases: 1:13-cv-01757-SLR, 1:13-cv-01758-SLR, 1:13-cv-01759-SLR(els)
March 5, 2014 Filing 21 NOTICE of Name Change of Plaintiff by Activision TV Inc. (Devlin, Timothy)
February 28, 2014 Opinion or Order Filing 20 SCHEDULING ORDER: A Discovery Conference is set for 8/7/2014 at 04:30 PM in Courtroom 4B before Judge Sue L. Robinson. SEE ORDER FOR FURTHER DETAILS. Signed by Judge Sue L. Robinson on 2/28/2014. Associated Cases: 1:13-cv-01360-SLR et al.(nmfn)
February 25, 2014 Minute Entry for proceedings held before Judge Sue L. Robinson - Conference held on 2/25/2014. (Court Reporter V. Gunning.) Associated Cases: 1:13-cv-01087-SLR et al.(nmfn)
February 24, 2014 Filing 19 Joint PROPOSED ORDER Scheduling Order by Activision TV Inc.. (Attachments: #1 Text of Proposed Order)(Devlin, Timothy)
February 7, 2014 Filing 18 MOTION for Pro Hac Vice Appearance of Attorney Wesley C. Achey - filed by Arby's Restaurant Group Inc.. (Day, John)
February 7, 2014 Opinion or Order SO ORDERED, re (18 in 1:13-cv-01757-SLR) MOTION for Pro Hac Vice Appearance of Attorney Wesley C. Achey filed by Smashburger Master LLC, (18 in 1:13-cv-01758-SLR) MOTION for Pro Hac Vice Appearance of Attorney Wesley C. Achey filed by Wendy's International Inc., (18 in 1:13-cv-01759-SLR) MOTION for Pro Hac Vice Appearance of Attorney Wesley C. Achey filed by Arby's Restaurant Group Inc.. Signed by Judge Sue L. Robinson on 2/7/2014. Associated Cases: 1:13-cv-01757-SLR, 1:13-cv-01758-SLR, 1:13-cv-01759-SLR(fms)
February 5, 2014 Filing 17 ANSWER to #15 Answer to Complaint, Counterclaim by Activision TV Inc..(Devlin, Timothy)
January 15, 2014 Filing 16 Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent The Wendy's Company, Corporate Parent ARG IH Corporation for Arby's Restaurant Group Inc. filed by Arby's Restaurant Group Inc.. (Day, John)
January 15, 2014 Filing 15 ANSWER to #1 Complaint, with Jury Demand , COUNTERCLAIM against Activision TV Inc. by Arby's Restaurant Group Inc..(Day, John)
January 15, 2014 Filing 14 MOTION for Pro Hac Vice Appearance of Attorney Robert L. Lee and David S. Frist - filed by Arby's Restaurant Group Inc.. (Day, John)
January 15, 2014 Opinion or Order SO ORDERED, re (14 in 1:13-cv-01757-SLR) MOTION for Pro Hac Vice Appearance of Attorney Robert L. Lee and David S. Frist filed by Smashburger Master LLC, (14 in 1:13-cv-01758-SLR) MOTION for Pro Hac Vice Appearance of Attorney Robert L. Lee and David S. Frist filed by Wendy's International Inc., (14 in 1:13-cv-01759-SLR) MOTION for Pro Hac Vice Appearance of Attorney Robert L. Lee and David S. Frist filed by Arby's Restaurant Group Inc. Signed by Judge Sue L. Robinson on 1/15/2014. Associated Cases: 1:13-cv-01757-SLR, 1:13-cv-01758-SLR, 1:13-cv-01759-SLR(fms)
January 13, 2014 Filing 13 NOTICE of Appearance by Timothy Devlin on behalf of Activision TV Inc. (Devlin, Timothy)
December 16, 2013 Opinion or Order Filing 12 Order Setting In-Person Scheduling Conference: An In-Person Scheduling Conference is set for 2/25/2014 at 04:00 PM in Courtroom 4B before Judge Sue L. Robinson. The conference will be held by telephone if the parties are able to submit an agreed upon plan with no areas of dispute. Signed by Judge Sue L. Robinson on 12/16/2013. Associated Cases: 1:13-cv-00981-SLR et al.(nmfn)
December 12, 2013 Opinion or Order SO ORDERED, re #10 STIPULATION TO EXTEND TIME to answer the Complaint to January 15, 2014 filed by Arby's Restaurant Group Inc., Set/Reset Answer Deadlines: Arby's Restaurant Group Inc. answer due 1/15/2014. Signed by Judge Sue L. Robinson on 12/12/2013. (fms)
December 9, 2013 Filing 11 Letter to The Honorable Sue L. Robinson from Richard C. Weinblatt regarding Need for Coordinated Discovery and Markman Hearing - re (5 in 1:13-cv-01757-SLR, 5 in 1:13-cv-01757-SLR, 5 in 1:13-cv-01759-SLR, 5 in 1:13-cv-01759-SLR, 7 in 1:13-cv-01597-SLR, 7 in 1:13-cv-01597-SLR, 7 in 1:13-cv-01892-SLR, 7 in 1:13-cv-01892-SLR, 9 in 1:13-cv-01523-SLR, 9 in 1:13-cv-01523-SLR, 5 in 1:13-cv-01758-SLR, 5 in 1:13-cv-01758-SLR) Order,, Set Deadlines,. (Weinblatt, Richard)
December 9, 2013 Filing 10 STIPULATION TO EXTEND TIME to answer the Complaint to January 15, 2014 - filed by Arby's Restaurant Group Inc.. (Day, John)
November 26, 2013 Filing 9 SUMMONS Returned Executed by Activision TV Inc.. Arby's Restaurant Group Inc. served on 11/20/2013, answer due 12/11/2013. (Weinblatt, Richard)
November 25, 2013 Opinion or Order SO ORDERED, re (6 in 1:13-cv-01757-SLR) MOTION for Pro Hac Vice Appearance of Attorney JAMES PERKINS filed by Activision TV Inc., (6 in 1:13-cv-01758-SLR) MOTION for Pro Hac Vice Appearance of Attorney James Perkins filed by Activision TV Inc., (10 in 1:13-cv-01892-SLR) MOTION for Pro Hac Vice Appearance of Attorney James Perkins filed by Activision TV Inc., (11 in 1:13-cv-01471-SLR) MOTION for Pro Hac Vice Appearance of Attorney James Perkins filed by Activision TV Inc., (6 in 1:13-cv-01759-SLR) MOTION for Pro Hac Vice Appearance of Attorney James Perkins filed by Activision TV Inc.. Signed by Judge Sue L. Robinson on 11/25/2013. Associated Cases: 1:13-cv-01759-SLR, 1:13-cv-01471-SLR, 1:13-cv-01757-SLR, 1:13-cv-01758-SLR, 1:13-cv-01892-SLR(fms)
November 21, 2013 Filing 8 MOTION for Pro Hac Vice Appearance of Attorney Mary C. Jacob - filed by Activision TV Inc.. (Attachments: #1 Certificate of Compliance)(Weinblatt, Richard)
November 21, 2013 Filing 7 MOTION for Pro Hac Vice Appearance of Attorney Brett Johnson - filed by Activision TV Inc.. (Attachments: #1 Certificate of Compliance)(Weinblatt, Richard)
November 21, 2013 Filing 6 MOTION for Pro Hac Vice Appearance of Attorney James Perkins - filed by Activision TV Inc.. (Attachments: #1 Certificate of Compliance)(Weinblatt, Richard)
November 21, 2013 Opinion or Order Filing 5 ORDER, on or before December 9, 2013, counsel for plaintiff shall inform the court as to whether the need for coordinated discovery and/or Markman proceedings is anticipated and, if so, when a joint scheduling conference might most efficiently be conducted. ORDER, Setting Deadlines: ( Notice of Compliance deadline set for 12/9/2013.). Signed by Judge Sue L. Robinson on 11/20/2013. Associated Cases: 1:13-cv-00981-SLR et al.(nmfn)
November 21, 2013 CORRECTING ENTRY: DI 9 & 10 were duplicate entries and have been removed per request of the filer. (cla, )
November 21, 2013 Opinion or Order SO ORDERED, re #7 MOTION for Pro Hac Vice Appearance of Attorney Brett Johnson filed by Activision TV Inc., #8 MOTION for Pro Hac Vice Appearance of Attorney Mary C. Jacob filed by Activision TV Inc.. Signed by Judge Sue L. Robinson on 11/21/2013. (fms)
October 30, 2013 Case Assigned to Judge Sue L. Robinson. Please include the initials of the Judge (SLR) after the case number on all documents filed. Associated Cases: 1:13-cv-01757-SLR, 1:13-cv-01758-SLR, 1:13-cv-01759-SLR (rjb)
October 28, 2013 Summons Issued with Magistrate Consent Notice attached as to Arby's Restaurant Group Inc. on 10/28/2013. Requesting party or attorney should pick up issued summons at the Help Desk, Room 4209, or call 302-573-6170 and ask the Clerk to mail the summons to them. (dmp, )
October 25, 2013 Filing 4 Disclosure Statement pursuant to Rule 7.1 filed by Activision TV Inc.. (dmp, )
October 25, 2013 Filing 3 Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) US 7,369,058 B2; US 8,330,613 B2;. (dmp, )
October 25, 2013 Filing 2 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (dmp, )
October 25, 2013 Filing 1 COMPLAINT FOR PATENT INFRINGEMENT filed with Jury Demand against Arby's Restaurant Group Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number 311-1394776.) - filed by Activision TV Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Civil Cover Sheet)(dmp, )

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Plaintiff: Activision TV Inc.
Represented By: Richard Charles Weinblatt
Represented By: Stamatios Stamoulis
Represented By: Timothy Devlin
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Defendant: Arby's Restaurant Group Inc.
Represented By: John G. Day
Represented By: Wesley Achey
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