Realtime Data LLC v. Spectra Logic Corporation
| Realtime Data LLC |
| Spectra Logic Corporation and CommVault Systems, Inc. |
| 1:2017cv00925 |
| July 10, 2017 |
| U.S. District Court for the District of Delaware |
| Wilmington Office |
| XX US, Outside State |
| Colm F Connolly |
| Patent |
| 35 U.S.C. § 271 |
| Plaintiff |
Docket Report
This docket was last retrieved on March 20, 2019. A more recent docket listing may be available from PACER.
| Document Text |
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Filing 57
ORDER granting #47 MOTION to Stay pending resolution of #44 MOTION to Dismiss for Failure to State a Claim (UNOPPOSED) filed by Spectra Logic Corporation, Case stayed. Signed by Judge Colm F. Connolly on 3/20/2019. (nmf)
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| Filing 56 NOTICE of Subsequent Development by Spectra Logic Corporation re #47 MOTION to Stay re #44 MOTION to Dismiss for Failure to State a Claim (UNOPPOSED), #44 MOTION to Dismiss for Failure to State a Claim (Attachments: #1 Exhibit A)(O'Byrne, Stephanie) |
Filing 55
STIPULATED PROTECTIVE ORDER. Signed by Judge Colm F. Connolly on 3/12/2019. Associated Cases: 1:17-cv-00800-CFC et al.(fms)
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| Filing 54 NOTICE OF SERVICE of Plaintiff Realtime Data LLC's Disclosures Pursuant to Section 4(a) of the Delaware Default Standard for Discovery of Electronically Stored Information filed by Realtime Data LLC.(Brauerman, Stephen) |
| Filing 53 PROPOSED ORDER / Stipulated Protective Order by Realtime Data LLC. (Brauerman, Stephen) |
SO ORDERED, re (52 in 1:17-cv-00925-CFC, 34 in 1:18-cv-01267-CFC, 23 in 1:17-cv-01769-CFC, 40 in 1:17-cv-01635-CFC, 21 in 1:18-cv-01164-CFC, 21 in 1:17-cv-00800-CFC, 22 in 1:18-cv-01199-CFC, 27 in 1:17-cv-01676-CFC, 30 in 1:17-cv-01750-CFC, 22 in 1:18-cv-01200-CFC) STIPULATION TO EXTEND TIME to Submit Proposed Protective Order to March 7, 2019 filed by Panzura, Inc., Hitachi, Ltd., Fortinet, Inc., Western Digital Technologies, Inc., Hitachi Vantara Corporation, Western Digital Corporation. Signed by Judge Colm F. Connolly on 2/22/2019. Associated Cases: 1:17-cv-00800-CFC et al.(fms)
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| Filing 52 STIPULATION TO EXTEND TIME to Submit Proposed Protective Order to March 7, 2019 - filed by Fortinet, Inc., Western Digital Corporation, Western Digital Technologies, Inc., Hitachi Vantara Corporation, Hitachi, Ltd., Panzura, Inc.. (Egan, Brian) |
| Filing 51 NOTICE OF SERVICE of Defendant Spectra Logic Corporation's Initial Disclosures filed by Spectra Logic Corporation.(O'Byrne, Stephanie) |
| Filing 50 NOTICE OF SERVICE of Plaintiff Realtime Data LLC's Initial Disclosures filed by Realtime Data LLC.(Brauerman, Stephen) |
| Filing 49 REPLY to Response to Motion re #47 MOTION to Stay re #44 MOTION to Dismiss for Failure to State a Claim (UNOPPOSED) filed by Spectra Logic Corporation. (O'Byrne, Stephanie) |
| Filing 48 RESPONSE to Motion re #47 MOTION to Stay re #44 MOTION to Dismiss for Failure to State a Claim (UNOPPOSED) filed by Realtime Data LLC. (Brauerman, Stephen) |
| Filing 47 MOTION to Stay re #44 MOTION to Dismiss for Failure to State a Claim (UNOPPOSED) - filed by Spectra Logic Corporation. (O'Byrne, Stephanie) |
| Filing 46 REPLY BRIEF re #44 MOTION to Dismiss for Failure to State a Claim filed by Spectra Logic Corporation. (Attachments: #1 Exhibit A)(O'Byrne, Stephanie) |
| Filing 45 ANSWERING BRIEF in Opposition re #44 MOTION to Dismiss for Failure to State a Claim filed by Realtime Data LLC.Reply Brief due date per Local Rules is 12/28/2018. (Attachments: #1 Exhibit A)(Brauerman, Stephen) |
| Filing 44 MOTION to Dismiss for Failure to State a Claim - filed by Spectra Logic Corporation. (Attachments: #1 Exhibit A, #2 Text of Proposed Order)(O'Byrne, Stephanie) |
| CASE REFERRED to Magistrate Judge Sherry R. Fallon for Mediation. Please see Standing Order dated January 20, 2016, regarding disclosure of confidential ADR communications. A link to the standing order is provided here for your convenience at # http://www.ded.uscourts.gov/general-orders/magistrate-judges-standing-order-adr-mediation Associated Cases: 1:17-cv-00800-CFC et al.(cak) |
| Filing 43 RESPONSE to Motion re #41 MOTION to Dismiss for Failure to State a Claim [Motion to Dismiss for Lack of Patentable Subject Matter Under 35 U.S.C. Section 101, and Joinder in Defendants' Motions to Dismiss Pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedur filed by Realtime Data LLC. (Brauerman, Stephen) |
Filing 42
SCHEDULING ORDER: Case referred to the Magistrate Judge for the purpose of exploring ADR. Joinder of Parties due by 3/1/2019. Amended Pleadings due by 1/10/2020. Discovery due by 3/13/2020. A Status Conference is set for 5/2/2019 at 10:00 AM in Courtroom 4B before Judge Colm F. Connolly Dispositive Motions due by 9/14/2020. An Oral Argument is set for 12/8/2020 at 09:00 AM in Courtroom 4B before Judge Colm F. Connolly. Joint Claim Construction Brief due by 12/6/2019. A Markman Hearing is set for 1/13/2020 at 09:00 AM in Courtroom 4B before Judge Colm F. Connolly. A Final Pretrial Conference is set for 4/6/2021 at 09:30 AM in Courtroom 4B before Judge Colm F. Connolly. A Jury Trial is set for 5/3/2021 at 09:30 AM in Courtroom 4B before Judge Colm F. Connolly. Please note revisions to paragraph 9. Signed by Judge Colm F. Connolly on 10/31/2018. Associated Cases: 1:17-cv-00800-CFC et al.(nmf)
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| Filing 41 MOTION to Dismiss for Failure to State a Claim [Motion to Dismiss for Lack of Patentable Subject Matter Under 35 U.S.C. Section 101, and Joinder in Defendants' Motions to Dismiss Pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure] - filed by Spectra Logic Corporation. (Attachments: #1 Text of Proposed Order)(O'Byrne, Stephanie) |
| Filing 40 PROPOSED ORDER / [Proposed] Scheduling Order by Realtime Data LLC. (Brauerman, Stephen) |
Filing 39
ORDER denying as moot #10 Motion to Sever; denying as moot #10 Motion to Stay. Signed by Judge Colm F. Connolly on 10/16/2018. (nmf)
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| Minute Entry for proceedings held before Judge Colm F. Connolly - Oral Argument held on 10/16/2018, Scheduling Conference held on 10/16/2018. (Court Reporter V. Gunning.) Associated Cases: 1:17-cv-00800-CFC et al.(nmf) |
Filing 38
ORDER of Dismissal with Prejudice. Party CommVault Systems, Inc. terminated.. Signed by Judge Colm F. Connolly on 10/12/2018. (fms)
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| Filing 37 Joint MOTION to Dismiss - filed by Realtime Data LLC. (Attachments: #1 [Proposed] Order of Dismissal with Prejudice)(Brauerman, Stephen) |
| Filing 36 PROPOSED ORDER /Proposed Rule 16 Scheduling Order with Parties' Competing Proposals by Realtime Data LLC. (Brauerman, Stephen) |
| Filing 35 Joint STATUS REPORT by Realtime Data LLC. (Attachments: #1 Exhibit A)(Brauerman, Stephen) |
Filing 34
STATUS REPORT ORDER: (Revised Status Report including the information listed in this order due by 10/9/2018.), ORDER, Setting Hearings( An Oral Argument is set for 10/16/2018 at 09:00 AM in Courtroom 4B before Judge Colm F. Connolly.), Order Setting Scheduling Conference:( A Scheduling Conference is set for 10/16/2018 in Courtroom 4B before Judge Colm F. Connolly following the Oral Argument). No later than October 10, 2018, the parties shall file a proposed scheduling order using the "Rule 16 Order for Patent Cases" form on the Court's website. Signed by Judge Colm F. Connolly on 9/25/2018. Associated Cases: 1:17-cv-00800-CFC et al.(nmf)
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| Filing 33 Joint STATUS REPORT by Realtime Data LLC. (Brauerman, Stephen) |
| Pro Hac Vice Attorney Robert E. Purcell for Spectra Logic Corporation added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (ceg) |
SO ORDERED, re #32 MOTION for Pro Hac Vice Appearance of Attorney Robert E. Purcell filed by Spectra Logic Corporation. Signed by Judge Colm F. Connolly on 8/29/2018. (nmf)
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| Filing 32 MOTION for Pro Hac Vice Appearance of Attorney Robert E. Purcell - filed by Spectra Logic Corporation. (Palapura, Bindu) |
ORAL ORDER: Pursuant to the reassignment of this action (or assignment of the new related actions), the parties shall submit a joint status report on or before September 11, 2018. Please identify in the status report the next event the parties believe the Court needs to schedule. (Status Report due by 9/11/2018.) Ordered by Judge Colm F. Connolly on 8/27/2018. Associated Cases: 1:17-cv-00800-CFC et al.(nmf)
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| Case Reassigned to Judge Colm F. Connolly. Please include the initials of the Judge (CFC) after the case number on all documents filed. Associated Cases: 1:17-cv-00800-CFC, 1:17-cv-00925-CFC, 1:17-cv-00972-CFC, 1:17-cv-01543-CFC, 1:17-cv-01544-CFC, 1:17-cv-01635-CFC, 1:17-cv-01676-CFC, 1:17-cv-01750-CFC, 1:17-cv-01769-CFC, 1:18-cv-00653-CFC, 1:18-cv-01163-CFC, 1:18-cv-01164-CFC (rjb) |
| Filing 31 NOTICE of Subsequent Authority by CommVault Systems, Inc. (Attachments: #1 Exhibit A)(Mayo, Andrew) |
| Filing 30 NOTICE of Supplemental Authority by Realtime Data LLC re (10 in 1:17-cv-01543-GMS) MOTION to Dismiss Based upon Rule 12(b)(6), (10 in 1:17-cv-01544-GMS) MOTION to Dismiss for Failure to State a Claim , (13 in 1:17-cv-00925-GMS) MOTION to Dismiss for Failure to State a Claim (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Brauerman, Stephen) |
| Filing 29 NOTICE of Plaintiff Realtime Data LLC's Notice of Supplemental Authority Regarding Defendants' Motion (D.I. 13,14,15) to Dismiss Under Rule 12(B)(6) U.S.C. 101 by Realtime Data LLC re #14 Opening Brief in Support, #13 MOTION to Dismiss for Failure to State a Claim (Attachments: #1 Exhibit A, #2 Exhibit B)(Brauerman, Stephen) |
| Filing 28 NOTICE of Withdrawal of Counsel by Realtime Data LLC (Brauerman, Stephen) Modified on 1/25/2018 (mdb). |
| Filing 27 NOTICE of Subsequent Authority by CommVault Systems, Inc. re #13 MOTION to Dismiss for Failure to State a Claim (Attachments: #1 Exhibit A)(Balick, Steven) |
| Filing 26 NOTICE of Change of Address by Stephen B. Brauerman (Brauerman, Stephen) |
| Filing 25 REQUEST for Oral Argument by CommVault Systems, Inc. re #13 MOTION to Dismiss for Failure to State a Claim . (Mayo, Andrew) |
SO ORDERED - re #24 MOTION for Pro Hac Vice Appearance of Attorney David J. Burman, Christina J. McCullough, and Stevan R. Stark filed by CommVault Systems, Inc.. Ordered by Judge Gregory M. Sleet on 10/19/2017. (mdb)
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| Filing 24 MOTION for Pro Hac Vice Appearance of Attorney David J. Burman, Christina J. McCullough, and Stevan R. Stark - filed by CommVault Systems, Inc.. (Mayo, Andrew) |
| Filing 23 JOINDER by Spectra Logic Corporation, joining in #22 Reply Brief, #13 Motion to Dismiss for Failure to State a Claim . (O'Byrne, Stephanie) |
| Filing 22 REPLY BRIEF re #13 MOTION to Dismiss for Failure to State a Claim filed by CommVault Systems, Inc.. (Mayo, Andrew) |
| Filing 21 ANSWERING BRIEF in Opposition re #13 MOTION to Dismiss for Failure to State a Claim filed by Realtime Data LLC.Reply Brief due date per Local Rules is 10/12/2017. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Brauerman, Stephen) Modified on 10/6/2017 (mdb). |
| Filing 20 REPLY BRIEF re #10 MOTION to Sever Claims Against Spectra Logic and MOTION to Stay Severed Claims Against Spectra Logic filed by Spectra Logic Corporation. (O'Byrne, Stephanie) |
| DEFICIENCY NOTICE by the Court issued to Spectra Logic Corporation re #19 Stipulation to EXTEND Time: This filing does not meet Judge Sleet's requirements for such requests. The parties shall refer to Judge Sleet's requirements for filing requests to extend time on the court's website. After reviewing the procedure, the parties may RE-FILE the stipulation/motion. (mdb) |
| Filing 19 STIPULATION TO EXTEND TIME for Defendant Spectra Logic Corporation to file its Reply Brief in support of its Motion to Sever and Stay to September 29, 2017 - filed by Spectra Logic Corporation. (Moore, David) |
| Filing 18 ANSWERING BRIEF in Opposition re #10 MOTION to Sever Claims Against Spectra Logic and MOTION to Stay Severed Claims Against Spectra Logic filed by Realtime Data LLC.Reply Brief due date per Local Rules is 9/27/2017. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Brauerman, Stephen) |
SO ORDERED - re #17 STIPULATION TO EXTEND TIME for Plaintiff to Respond to Defendant's Motion to Dismiss to October 5, 2017 filed by Realtime Data LLC, Set Briefing Schedule: re #13 MOTION to Dismiss for Failure to State a Claim . (Answering Brief due 10/5/2017). Ordered by Judge Gregory M. Sleet on 9/12/2017. (mdb)
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| Filing 17 STIPULATION TO EXTEND TIME for Plaintiff to Respond to Defendant's Motion to Dismiss to October 5, 2017 - filed by Realtime Data LLC. (Bussiere, Sara) |
SO ORDERED - re #16 STIPULATION TO EXTEND TIME for Plaintiff to Respond to Defendant's Motion to Sever and Stay to September 20, 2017 filed by Realtime Data LLC, Set Briefing Schedule: re #10 MOTION to Sever Claims Against Spectra Logic and MOTION to Stay Severed Claims Against Spectra Logic. (Answering Brief due 9/20/2017). Ordered by Judge Gregory M. Sleet on 9/7/2017. (mdb)
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| Filing 16 STIPULATION TO EXTEND TIME for Plaintiff to Respond to Defendant's Motion to Sever and Stay to September 20, 2017 - filed by Realtime Data LLC. (Bussiere, Sara) |
| Filing 15 JOINDER in Defendant CommVault Systems, Inc.'s Motion to Dismiss Pursuant to Fed. R. Civ. P. 12 (b)(6) for Lack of Patentable Subject Matter Under 35 U.S.C. Section 101 - filed by Spectra Logic Corporation. (O'Byrne, Stephanie) Modified on 8/31/2017 (mdb). |
| Filing 14 OPENING BRIEF in Support re #13 MOTION to Dismiss for Failure to State a Claim filed by CommVault Systems, Inc..Answering Brief/Response due date per Local Rules is 9/14/2017. (Mayo, Andrew) |
| Filing 13 MOTION to Dismiss for Failure to State a Claim - filed by CommVault Systems, Inc.. (Attachments: #1 Text of Proposed Order)(Mayo, Andrew) |
| Filing 12 DECLARATION of David Feller re #10 MOTION to Sever Claims Against Spectra Logic and, MOTION to Stay Severed Claims Against Spectra Logic by Spectra Logic Corporation. (O'Byrne, Stephanie) Modified on 8/24/2017 (mdb). |
| Filing 11 OPENING BRIEF in Support re #10 MOTION to Sever Claims Against Spectra Logic and, MOTION to Stay Severed Claims Against Spectra Logic filed by Spectra Logic Corporation.Answering Brief/Response due date per Local Rules is 9/6/2017. (Attachments: #1 Exhibit A-F)(O'Byrne, Stephanie) Modified on 8/24/2017 (mdb). |
| Filing 10 MOTION to Sever Claims Against Spectra Logic and, MOTION to Stay Severed Claims Against Spectra Logic - filed by Spectra Logic Corporation. (Attachments: #1 Text of Proposed Order)(O'Byrne, Stephanie) Modified on 8/24/2017 (mdb). |
| Filing 9 Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Spectra Logic Corporation. (O'Byrne, Stephanie) |
| Pro Hac Vice Attorney James N. Pickens for Realtime Data LLC added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (lmm) |
| Pro Hac Vice Attorney Reza Mirzaie for Realtime Data LLC added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (lmm) |
| Pro Hac Vice Attorney Paul A. Kroeger for Realtime Data LLC added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (lmm) |
| Pro Hac Vice Attorney Adam S. Hoffman for Realtime Data LLC added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (lmm) |
| Pro Hac Vice Attorney Marc A. Fenster for Realtime Data LLC added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (lmm) |
| Pro Hac Vice Attorney C. Jay Chung for Realtime Data LLC added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (lmm) |
| Pro Hac Vice Attorney Philip X. Wang for Realtime Data LLC added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (lmm) |
SO ORDERED - re #8 STIPULATION TO EXTEND TIME to answer, move or otherwise respond to the complaint to August 31, 2017 filed by Spectra Logic Corporation, Set/Reset Answer Deadlines: Spectra Logic Corporation answer due 8/31/2017. Ordered by Judge Gregory M. Sleet on 8/2/2017. (mdb)
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| Filing 8 STIPULATION TO EXTEND TIME to answer, move or otherwise respond to the complaint to August 31, 2017 - filed by Spectra Logic Corporation. (Moore, David) |
| Filing 7 STIPULATION TO EXTEND TIME to Respond to the Complaint to August 31, 2017 - filed by CommVault Systems, Inc.. (Balick, Steven) |
SO ORDERED - re #7 STIPULATION TO EXTEND TIME to Respond to the Complaint to August 31, 2017 filed by CommVault Systems, Inc., Set/Reset Answer Deadlines: CommVault Systems, Inc. answer due 8/31/2017. Ordered by Judge Gregory M. Sleet on 7/25/2017. (mdb)
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SO ORDERED - re #6 MOTION for Pro Hac Vice Appearance of Attorney C. Jay Chung, Marc A. Fenster, Adam S. Hoffman, Paul A. Kroeger, Reza Mirzaie, James N. Pickens, and Philip X. Wang filed by Realtime Data LLC. Ordered by Judge Gregory M. Sleet on 7/19/2017. (mdb)
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| Filing 6 MOTION for Pro Hac Vice Appearance of Attorney C. Jay Chung, Marc A. Fenster, Adam S. Hoffman, Paul A. Kroeger, Reza Mirzaie, James N. Pickens, and Philip X. Wang - filed by Realtime Data LLC. (Attachments: #1 (Certification of C. Jay Chung), #2 (Certification of Marc A. Fenster), #3 (Certification of Adam S. Hoffman), #4 (Certification of Paul A. Kroeger), #5 (Certification of Reza Mirzaie), #6 (Certification of James N. Pickens), #7 (Certification of Philip X. Wang))(Bussiere, Sara) |
| Case Assigned to Judge Gregory M. Sleet. Please include the initials of the Judge (GMS) after the case number on all documents filed. (bkb) |
| Filing 5 SUMMONS Returned Executed by Realtime Data LLC. Spectra Logic Corporation served on 7/11/2017, answer due 8/1/2017. (Brauerman, Stephen) |
| Filing 4 SUMMONS Returned Executed by Realtime Data LLC. CommVault Systems, Inc. served on 7/11/2017, answer due 8/1/2017. (Brauerman, Stephen) |
| Summons Issued with Magistrate Consent Notice attached as to CommVault Systems, Inc. on 7/11/2017; Spectra Logic Corporation on 7/11/2017. 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. (crb) |
| Filing 3 Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 9,054,728; 7,415,530; 9,116,908; 8,717,204. (crb) |
| Filing 2 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (crb) |
| Filing 1 COMPLAINT FOR PATENT INFRINGEMENT filed with Jury Demand against CommVault Systems, Inc., Spectra Logic Corporation - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number 0311-2179438.) - filed by Realtime Data LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Civil Cover Sheet)(crb) |
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