360Heros, Inc. v. GoPro, Inc.
Plaintiff: 360Heros, Inc.
Defendant: GoPro, Inc.
Intervenor: SpencePC
Case Number: 1:2017cv01302
Filed: September 13, 2017
Court: US District Court for the District of Delaware
Office: Wilmington Office
County: New Castle
Presiding Judge: Christopher J Burke
Referring Judge: Leonard P Stark
Nature of Suit: Patent
Cause of Action: 35 U.S.C. § 271
Jury Demanded By: Plaintiff
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Date Filed Document Text
November 13, 2020 Opinion or Order Filing 180 Official Transcript of Telephone Conference held on November 9, 2020 before Judge Christopher J. Burke. Court Reporter Brian Gaffigan, email: gaffigan@verizon.net. Transcript may be viewed at the court public terminal or ordered/purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 12/4/2020. Redacted Transcript Deadline set for 12/14/2020. Release of Transcript Restriction set for 2/11/2021. (bpg)
November 9, 2020 Opinion or Order Minute Entry for proceedings held before Judge Christopher J. Burke - Discovery Teleconference held on 11/9/2020. After hearing the parties regarding the disputes, the Court resolved the disputes on the record. The transcript shall serve as the substance of the Court's Order.(Clerk, Benyo) APPEARANCES: S. Stamoulis, W. Ramey, III for Plaintiff; P. Rovner, M. B. Smith, A. Saul for Defendant. (Court Reporter Brian Gaffigan) (dlb)
October 28, 2020 Opinion or Order Filing 179 Letter to The Honorable Christopher J. Burke from Philip A. Rovner regarding Responding Discovery Dispute Letter - re 170 Order Setting Teleconference,,,,,,. (Rovner, Philip)
October 19, 2020 Opinion or Order Filing 178 ORAL ORDER: The Court, having reviewed Spence P.C.'s Motion to Intervene ("Motion"), (D.I. 165), Spence P.C.'s Notice of Filing and Assertion of Charging Lien, (D.I. 166), Plaintiff's Response to Spence P.C.s Motion to Intervene, (D.I. 175), in which it does not oppose the Motion, and Defendants Response to Spence P.C.'s Motion to Intervene, (D.I. 177), in which it does not oppose the Motion, hereby GRANTS the Motion and permits Spence P.C. to intervene for purposes of an attorneys' charging lien. Ordered by Judge Christopher J. Burke on 10/19/2020. (dlb)
October 16, 2020 Opinion or Order Filing 177 RESPONSE to Motion re #165 MOTION to Intervene filed by GoPro, Inc.. (Rovner, Philip)
October 16, 2020 Opinion or Order Filing 176 Letter to the Honorable Christopher J. Burke from Stamatios Stamoulis regarding Opening Discovery Dispute Letter - re 170 Order Setting Teleconference,,,,,,. (Stamoulis, Stamatios)
October 15, 2020 Opinion or Order Filing 175 RESPONSE to Motion re #165 MOTION to Intervene filed by 360Heros, Inc.. (Stamoulis, Stamatios)
October 15, 2020 Opinion or Order Filing 174 Letter to The Honorable Christopher J. Burke from Stamatios Stamoulis regarding Brief in Support of 360Heros, Inc.'s Motion to Re-Open Discovery - re #169 Letter. (Stamoulis, Stamatios)
October 13, 2020 Opinion or Order Filing 173 NOTICE OF SERVICE of Plaintiff 360 Heros, Inc.s Responses and Objections to Defendant GoPro, Inc.s Notice of Rule 30(b)(6) Deposition filed by 360Heros, Inc..(Stamoulis, Stamatios)
October 13, 2020 Opinion or Order Pro Hac Vice Attorney William P. Ramey for 360Heros, Inc. 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. (mal)
October 13, 2020 Opinion or Order SO ORDERED D.I. #171 Proposed Order regarding Case Scheduling filed by 360Heros, Inc., Set/Reset Scheduling Order Deadlines: ( A Pretrial Conference is set for 2/25/2022 at 11:00 AM in Courtroom 6B before Judge Leonard P. Stark., Opening Expert Reports due by 1/25/2021., A Motion Hearing is set for 6/16/2021 at 11:00 AM in Courtroom 2A before Judge Christopher J. Burke, Dispositive Motions due by 3/23/2021., A Jury Trial is set for 3/7/2022 at 09:00 AM in Courtroom 6B before Judge Leonard P. Stark.) See Order for further deadlines. Ordered by Judge Christopher J. Burke on 10/13/2020. (mlc)
October 13, 2020 Opinion or Order Pro Hac Vice Attorney Donald H. Mahoney, III for 360Heros, Inc. 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. (mal)
October 12, 2020 Opinion or Order Filing 172 Joint MOTION to Schedule Discovery Dispute Teleconference - filed by 360Heros, Inc.. Motions referred to Christopher J. Burke.(Stamoulis, Stamatios)
October 9, 2020 Opinion or Order Filing 171 Joint PROPOSED ORDER Regarding Case Scheduling by 360Heros, Inc.. (Stamoulis, Stamatios)
October 9, 2020 Opinion or Order Pro Hac Vice Attorney Andrew N. Saul for GoPro, Inc. 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. (kmd)
October 9, 2020 Opinion or Order SO ORDERED D.I. #162 MOTION for Pro Hac Vice Appearance of Attorney William P. Ramey, III and Donald H. Mahoney III filed by 360Heros, Inc.,and D.I. #167 MOTION for Pro Hac Vice Appearance of Attorney Andrew N. Saul filed by GoPro, Inc. Ordered by Judge Christopher J. Burke on 10/9/2020. (dlb)
October 8, 2020 Opinion or Order Filing 170 ORAL ORDER Setting Teleconference: The Court has reviewed the parties' October 7, 2020 letter requesting a discovery teleconference. (D.I. 169) It hereby ORDERS that the procedures for resolving a discovery dispute set out in the Scheduling Order, (D.I. 146 at 5-6), will be modified as follows with regard to this dispute: (1) The parties shall file a joint "Motion for Teleconference to Resolve Discovery Dispute," the text of which can be found in the "Forms" tab of Judge Burke's page on the District Court's website.; (2) A discovery dispute teleconference is set for 11/9/2020 at 01:00 PM before Judge Christopher J. Burke.;(3) By no later than October 16, 2020, any party seeking relief shall file a letter, not to exceed two (2) single-spaced pages, in no less than 12-point font, outlining the issues in dispute and its position on those issues.; (4) By no later than October 28, 2020, any party opposing the application for relief may file a letter, not to exceed two (2) single-spaced pages, in no less than 12-point font, outlining that party(s) reasons for its opposition.; (5) By no later than November 5, 2020, the parties shall jointly provide the Court's Courtroom Deputy, Ms. Benyo, with a dial-in number via e-mail to use for the call.; and (6) It is possible that the Court may choose to resolve the dispute prior to the telephone conference and may, in that event, cancel the conference.Ordered by Judge Christopher J. Burke on 10/8/2020. (mlc)
October 7, 2020 Opinion or Order Filing 169 Letter to the Honorable Christopher J. Burke from Stamatios Stamoulis regarding to request the scheduling of a discovery teleconference. (Stamoulis, Stamatios)
October 5, 2020 Opinion or Order Filing 168 ORAL ORDER: The Court, having reviewed the parties' proposed stipulation seeking to modify the current Scheduling Order, filed October 1, 2020, (D.I. 164), notes that the hearing on case dispositive motions and Daubert motions will be June 16, 2021 at 11:00 AM before Judge Burke; a Pre-trial Conference will be held on February 25, 2022 at 11:00 AM before Chief Judge Stark; and a 5-day Jury Trial will begin on March 7, 2022 at 9:30 AM. By no later than October 9, 2020, the parties shall file a proposed joint revised Scheduling Order with these dates included and that also includes the other dates they proposed in their stipulation. Ordered by Judge Christopher J. Burke on 10/5/2020. (dlb)
October 2, 2020 Opinion or Order Set Briefing Schedule: re #165 MOTION to Intervene . Answering Brief due 10/16/2020. (dlb)
October 2, 2020 Opinion or Order Filing 167 MOTION for Pro Hac Vice Appearance of Attorney Andrew N. Saul - filed by GoPro, Inc.. Motions referred to Christopher J. Burke.(Rovner, Philip)
October 2, 2020 Opinion or Order Filing 166 NOTICE of Attorney's Charging Lien by SpencePC re #165 MOTION to Intervene (Connolly, Arthur)
October 2, 2020 Opinion or Order Filing 165 MOTION to Intervene - filed by SpencePC. (Attachments: #1 Text of Proposed Order)Motions referred to Christopher J. Burke.(Connolly, Arthur)
October 1, 2020 Opinion or Order Filing 164 STIPULATION to Amend Scheduling Order by 360Heros, Inc.. (Stamoulis, Stamatios)
October 1, 2020 Opinion or Order Filing 163 NOTICE OF SERVICE of Defendant GoPro, Inc.'s Second Supplemental Responses and Objections to Plaintiff 360Heros' First Set of Interrogatories [Includes Highly Confidential - Attorney's Eyes Only Information] filed by GoPro, Inc..(Rovner, Philip)
September 30, 2020 Opinion or Order Filing 162 MOTION for Pro Hac Vice Appearance of Attorney William P. Ramey, III and Donald H. Mahoney III - filed by 360Heros, Inc.. Motions referred to Christopher J. Burke.(Stamoulis, Stamatios)
September 30, 2020 Opinion or Order Filing 161 NOTICE OF SUBSTITUTION OF COUNSEL re 360Heros, Inc.: Entry of appearance of attorney Stamatios Stamoulis. Attorney Arthur G. Connolly, III terminated. (Stamoulis, Stamatios)
September 30, 2020 Opinion or Order Filing 160 NOTICE requesting Clerk to remove William Cory Spence and Jason Wejnert as co-counsel. Reason for request: SpencePC No Longer Representing Plaintiff. (Connolly, Arthur)
September 15, 2020 Opinion or Order Filing 159 NOTICE OF SERVICE of Defendant GoPro, Inc.'s Notice of Rule 30(b)(6) Deposition of Plaintiff 360Heros, Inc. filed by GoPro, Inc..(Rovner, Philip)
August 28, 2020 Opinion or Order Filing 158 NOTICE OF SERVICE of Defendant GoPro, Inc.'s Second Set of Interrogatories to Plaintiff 360Heros, Inc. and Defendant GoPro, Inc.'s Third Set of Requests for Production to Plaintiff 360Heros, Inc. filed by GoPro, Inc..(Rovner, Philip)
August 25, 2020 Opinion or Order Filing 157 ORAL ORDER: The Court, having reviewed Defendant's motion to file an early summary judgment motion ("Motion"), (D.I. 154), and the letter briefing related thereto, (D.I. 155; D.I. 156), hereby ORDERS that the Motion is DENIED. The Court is most likely to grant such a motion if it truly is "targeted" and "discrete[]" (D.I. 155 at 1, 2)i.e., if it allows the Court to address, earlier than normal in the case schedule, a very limited number of legal or factual disputes that have the potential to dispose of most or all of the case. The prototypical such motion that might have a good chance of being granted is one arguing that the accused product does not contain one limitation found in all asserted claims, or that a defendant has a license to the patent-in-suit, or that one particular prior art reference/combination would invalidate the patent-in-suit. Here, however, Defendant's proposed Motion might require the Court to assess whether the multiple accused products contain any one of four different claim limitations, and whether the claims are anticipated by Geerds and whether the claims are invalid pursuant to Section 112 (on various different asserted bases). That sounds less like a "targeted" or "discrete" summary judgment motion and more like a request to simply move up a lot of the traditional summary judgment processwith all the work that entails for the parties and the Courtwhile still potentially having another full summary judgment process take place later in the case schedule. For these reasons, the Court does not find the Motion to serve efficiency or to be well taken. Ordered by Judge Christopher J. Burke on 8/25/2020. (dlb)
August 14, 2020 Opinion or Order Filing 156 Letter to The Honorable Christopher J. Burke from Arthur G. Connolly, III regarding Defendant's Targeted Motion for Early Summary Judgment - re #155 Letter. (Connolly, Arthur)
August 11, 2020 Opinion or Order Filing 155 Letter to The Honorable Christopher J. Burke from Philip A. Rovner regarding leave for early summary judgment. (Rovner, Philip)
August 11, 2020 Opinion or Order Filing 154 MOTION for Leave to File Early Summary Judgment - filed by GoPro, Inc.. Motions referred to Christopher J. Burke.(Rovner, Philip)
August 10, 2020 Opinion or Order Filing 153 NOTICE of Withdrawal of Appearance of Alok Parikh as Counsel for Plaintiff 360Heros, Inc. by 360Heros, Inc. (Connolly, Arthur)
August 7, 2020 Opinion or Order Filing 152 ORAL ORDER: The Court, having reviewed Defendant's letter informing the Court of its request to file an early summary judgment motion, (D.I. #151 ), HEREBY ORDERS as follows: (1) By August 11, 2020, Defendant shall file a one-page motion for leave to file an early summary judgment motion, and an accompanying letter brief of no longer than two single-spaced pages setting forth its views as to why it should be allowed to file such a motion.; and (2) By August 14, 2020, Plaintiff shall file a responsive letter brief, of no more than two single-spaced pages, explaining its opposition. No reply is needed. If the Court thereafter grants Defendant's request, it will set a briefing schedule for the early summary judgment motion. Ordered by Judge Christopher J. Burke on 8/7/2020. (mlc)
August 6, 2020 Opinion or Order Filing 151 Letter to The Honorable Christopher J. Burke from Philip A. Rovner regarding leave to file early summary judgment. (Attachments: #1 Exhibit A)(Rovner, Philip)
July 31, 2020 Opinion or Order Filing 150 NOTICE of of Withdrawal of the Appearance of Ryan P. Newell as Counsel for Plaintiff 360Heros, Inc. by 360Heros, Inc. (Newell, Ryan)
July 13, 2020 Opinion or Order Filing 149 NOTICE OF SERVICE of Final Infringement Contentions filed by 360Heros, Inc..(Newell, Ryan)
June 12, 2020 Opinion or Order Filing 148 ORDER re #144 REPORT AND RECOMMENDATION is ADOPTED regarding claim construction. Signed by Judge Leonard P. Stark on 6/12/20. (ntl)
June 12, 2020 Opinion or Order Filing 147 ORDER re #139 REPORT AND RECOMMENDATION is ADOPTED regarding claim construction. Signed by Judge Leonard P. Stark on 6/12/20. (ntl)
June 10, 2020 Opinion or Order Filing 146 Amended SCHEDULING ORDER: Dispositive Motions due by 12/9/2020. A Motion Hearing is set for 3/5/2021 at 11:00 AM in Courtroom 2A before Judge Christopher J. Burke A Pretrial Conference is set for 8/6/2021 at 11:30 AM in Courtroom 6B before Judge Leonard P. Stark. A Jury Trial is set for 8/16/2021 at 09:30 AM in Courtroom 6B before Judge Leonard P. Stark. See Order for further details and deadlines. Signed by Judge Christopher J. Burke on 6/9/2020. (dlb)
June 8, 2020 Opinion or Order Filing 145 PROPOSED ORDER [Proposed Amended Scheduling Order] re #142 Scheduling Order,, by GoPro, Inc.. (Rovner, Philip)
May 22, 2020 Opinion or Order Filing 144 REPORT AND RECOMMENDATIONS regarding claim construction. Please note that when filing Objections pursuant to Federal Rule of Civil Procedure 72(b)(2), briefing consists solely of the Objections (no longer than ten (10) pages) and the Response to the Objections (no longer than ten (10) pages). No further briefing shall be permitted with respect to objections without leave of the Court. Objections to R&R due by 6/5/2020. Signed by Judge Christopher J. Burke on 5/22/2020. (mlc)
February 3, 2020 Opinion or Order Filing 143 ORAL ORDER: With regard to the Scheduling Order entered on January 17, 2020, (D.I. #142 ), the Court clarifies that the deadline for the pretrial order, (id. at 12) will be February 19, 2021. Ordered by Judge Christopher J. Burke on 2/3/2020. (mlc)
January 29, 2020 Opinion or Order Reset Hearings: A Jury Trial is set for 3/8/2021 at 09:00 AM in Courtroom 6B before Judge Leonard P. Stark (incorrectly docketed as 3/5/21). (ntl)
January 17, 2020 Opinion or Order Filing 142 SCHEDULING ORDER: Dispositive Motions due by 8/21/2020. Answering Brief due 9/17/2020. Reply Brief due 10/1/2020. A Motion Hearing is set for 11/6/2020 at 11:00 AM in Courtroom 2A before Judge Christopher J. Burke A Pretrial Conference is set for 2/26/2021 at 09:00 AM in Courtroom 6B before Judge Leonard P. Stark. A Jury Trial is set for 3/5/2021 at 09:30 AM in Courtroom 6B before Judge Leonard P. Stark. See Order for further details and deadlines. Signed by Judge Christopher J. Burke on 1/16/2020. (dlb)
January 15, 2020 Opinion or Order Filing 141 Letter to The Honorable Christopher J. Burke from Ryan P. Newell regarding joint request for an amendment - re #137 Scheduling Order,. (Attachments: #1 Exhibit A)(Newell, Ryan)
November 5, 2019 Opinion or Order Filing 140 ORDER Adopting #138 REPORT AND RECOMMENDATION re claim construction. Signed by Judge Leonard P. Stark on 11/4/19. (ntl)
October 25, 2019 Opinion or Order Filing 139 REPORT AND RECOMMENDATION regarding claim construction. Please note that when filing Objections pursuant to Federal Rule of Civil Procedure 72(b)(2), briefing consists solely of the Objections (no longer than ten (10) pages) and the Response to the Objections (no longer than ten (10) pages). No further briefing shall be permitted with respect to objections without leave of the Court. Objections to R&R due by 11/8/2019. Signed by Judge Christopher J. Burke on 10/25/2019. (mlc)
October 4, 2019 Opinion or Order Filing 138 REPORT AND RECOMMENDATION regarding claim construction. Please note that when filing Objections pursuant to Federal Rule of Civil Procedure 72(b)(2), briefing consists solely of the Objections (no longer than ten (10) pages) and the Response to the Objections (no longer than ten (10) pages). No further briefing shall be permitted with respect to objections without leave of the Court. Objections to R&R due by 10/18/2019. Signed by Judge Christopher J. Burke on 10/4/2019. (mlc)
September 18, 2019 Opinion or Order Filing 137 AMENDED SCHEDULING ORDER: Dispositive Motions due by 3/27/2020. A Motion Hearing is set for 6/19/2020 at 11:00 AM in Courtroom 2A before Judge Christopher J. Burke A Pretrial Conference is set for 10/6/2020 at 03:00 PM in Courtroom 6B before Judge Leonard P. Stark. A Jury Trial is set for 10/19/2020 at 09:30 AM in Courtroom 6B before Judge Leonard P. Stark. Please see Order for further details and deadlines. Signed by Judge Christopher J. Burke on 9/18/2019. (dlb)
September 16, 2019 Opinion or Order Filing 136 PROPOSED ORDER [Amended Scheduling Order] re 134 Order Setting Scheduling Conference,,,, by GoPro, Inc.. (Rovner, Philip)
September 12, 2019 Opinion or Order Filing 135 MEMORANDUM ORDER re #61 Memorandum Order by Judge Burke is ADOPTED regarding denial of #28 MOTION to Transfer Case to Northern District of California filed by GoPro, Inc. Signed by Judge Leonard P. Stark on 9/12/19. (ntl)
September 5, 2019 Opinion or Order Filing 134 ORAL ORDER: The Court, having reviewed the status report provided by Defendant, (D.I. 133) hereby ORDERS as follows: (1) The stay of proceedings in this case issued in favor of IPR proceedings, (D.I. 132) is hereby LIFTED.; (2) The parties shall submit a joint proposed Scheduling Order, along with a joint letter of no more than 3 single-spaced pages summarizing the parties' positions as to any disputes relating to that Order, by no later than September 16, 2019.; (3) In light of the Referral Order, (D.I. 5) paragraphs 1 to 18 of the parties' joint proposed Scheduling Order shall be consistent with Magistrate Judge Burke's Revised Patent Rule 16 Scheduling Order (available on this Court's website at https://www.ded.uscourts.gov/judge/magistrate-judge-christopher-j-burke). Paragraphs 19 to 24 shall be consistent with Chief Judge Stark's Revised Patent Form Scheduling (available on this Court's website (www.ded.uscourts.gov/judge/chief-judge-leonard-p-stark).; and (4) The Court will hold a teleconference with the parties to resolve disputes regarding scheduling, if any, on September 23, 2019 at 2:00 PM.. Signed by Judge Christopher J. Burke on 9/5/2019. (dlb)
September 4, 2019 Opinion or Order Filing 133 STATUS REPORT pursuant to the Court's June 5, 2019 Order (D.I. 132) by GoPro, Inc.. (Attachments: #1 Exhibit 1)(Rovner, Philip)
June 5, 2019 Opinion or Order Filing 132 ORAL ORDER: The Court, having reviewed Defendant's motion to stay ("motion"), (D.I. 109), and the letter briefing related thereto, (D.I. 110-112, 114-118), and having considered the three stay-related factors, hereby ORDERS that the motion is GRANTED and that the case is STAYED until the conclusion of the related inter partes review proceeding ("IPR"). The simplification of issues factor favors a stay, because: (1) 15 of the 25 asserted claims of the only patent-in-suit (and all of the independent claims of that patent) are at issue in the IPR, such that resolution of the IPR proceeding could eliminate a significant number of claims at issue in this case and could have a significant impact on the invalidity case as to all claims; and (2) the Final Written Decision in the IPR is expected to issue very close to the currently-scheduled trial date, such that were the case not stayed, the Court and the parties could find pre-trial preparations upended at the eleventh hour by the IPR result. The undue prejudice factor also favors a stay, as: (1) It is undisputed that the parties are not now direct competitors.; (2) It seems that monetary damages could compensate Plaintiff for any harm it has faced due to infringement.; (3) Although the case has had a long procedural history in two Districts, Plaintiffs litigation choices are partly (though not solely) responsible for that lengthy timeline.; and (4) Although Plaintiff argues that a stay would further burden it, in light of the money and time it has spent on the litigation, (D.I. 114 at 7-9), if anything, a stay would seem to save Plaintiff from spending more money and time needlessly on claims that may not be viable after the IPR concludes. And the status of the case factor does not meaningfully move the needle, as: (1) While we are not early in the case schedule, there are also many significant milestones still ahead (i.e., fact deposition-related discovery, expert discovery, summary judgment).; and (2) As document discovery has concluded, the parties are at a good "stopping point" where they can await the resolution of the IPR and then proceed forward toward trial. See SoftView LLC v. Apple Inc., Civil Action No. 12-989-LPS, 2013 WL 4757831, at *2 (D. Del. Sept. 4, 2013). The Court has also considered the parties arguments about how the status of the Precedential Opinion Panels ("POP") decision to review the IPR institution decision should affect the motion. (D.I. 127, 129, 131) In the end, the Court concludes that this should not preclude imposition of a stay, because: (1) despite the POP's review, the current status quo of the IPR is that the PTAB has determined that the claims at issue are reasonably likely to be found invalid; (2) if the POP reverses institution soon, (D.I. 131 at 2), then the Court will then extinguish the stay and the stay will have been brief; and (3) the Court disagrees with Plaintiff that this is like a scenario where the PTAB has determined the claims valid and there is an appeal to the Federal Circuit, (id.), as there, the status quo on appeal is that the PTAB has found the claims valid (such that no stay should continue), whereas here, the status quo is that the PTAB has found the claims reasonably likely to be invalid (such that a stay makes sense). Despite the stay, the Court may still issue a Report and Recommendation on claim construction. The parties shall jointly notify the Court by letter within 10 days of the issuance of a Final Written Decision in the IPR. Ordered by Judge Christopher J. Burke on 6/5/2019. (dlb)
June 4, 2019 Opinion or Order Filing 131 Letter to The Honorable Christopher J. Burke from Ryan P. Newell regarding response to the Court's order of June 3, 2019 (D.I. 130) and addressing how the Patent and Trademark Appeal Board's Precedential Opinion Panel's decision substantially impacts the resolution of the motion to stay - re #109 MOTION to Stay pending Inter Partes Review. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Newell, Ryan)
June 3, 2019 Opinion or Order Filing 130 ORAL ORDER: The Court, having reviewed Plaintiff's motion for leave to file a sur-reply ("motion"), (D.I. 127), and Defendant's responsive brief, (D.I. 129), hereby ORDERS that the motion is DENIED. Plaintiff argued in part that a sur-reply brief was warranted because, in its reply brief, Defendant included new allegations regarding Plaintiff's "delay tactics[,]" (D.I. 127 at 1), that were not fairly responsive to arguments in Plaintiff's answering brief. The Court disagrees, as Plaintiff's answering brief included assertions to which this material was meant to respond. (D.I. 114 at 7-8) Plaintiff also argued that a sur-reply brief was warranted so that Plaintiff could discuss the impact of the Precedential Opinion Panel's ("POP") decision regarding the IPR. (D.I. 127 at 1) The Court agrees that because this is new information occurring after briefing on the motion to stay was closed, Plaintiff should be able to provide the Court with some information regarding its view of the impact of the POPs decision on the pending motion to stay. A full sur-reply brief is not needed however. Instead, by no later than June 4, 2019, Plaintiff may provide the Court a letter of no more than two (2) single-spaced pages in which it addresses its view as to how the POP's decision should impact the resolution of the motion to stay. Defendant has already spoken to that issue, (D.I. 129 at 2), so no further submissions on that front are needed. The Court will resolve the motion to stay thereafter. Ordered by Judge Christopher J. Burke on 6/3/2019. (dlb)
May 31, 2019 Opinion or Order Filing 129 RESPONSE to Motion re #127 MOTION for Leave to File to File Sur-Reply in Opposition to Motion to Stay [D.I. 109] filed by GoPro, Inc.. (Rovner, Philip)
May 30, 2019 Opinion or Order Filing 128 ORAL ORDER: The Court having reviewed Plaintiff's motion for leave to file a sur-reply brief in opposition to the motion to stay, (D.I. #127 ), hereby ORDERS that by no later than May 31, 2019, Defendant shall file a responsive brief. No reply brief is needed. Ordered by Judge Christopher J. Burke on 5/30/2019. (mlc)
May 29, 2019 Opinion or Order Filing 127 MOTION for Leave to File to File Sur-Reply in Opposition to Motion to Stay [D.I. 109] - filed by 360Heros, Inc.. Motions referred to Christopher J. Burke.(Newell, Ryan)
May 24, 2019 Opinion or Order SO ORDERED D.I. #126 MOTION for Pro Hac Vice Appearance of Attorney Taylor J. Pfingst of Kilpatrick Townsend & Stockton LLP filed by GoPro, Inc. Ordered by Judge Christopher J. Burke on 5/24/2019. (dlb)
May 21, 2019 Opinion or Order Filing 126 MOTION for Pro Hac Vice Appearance of Attorney Taylor J. Pfingst of Kilpatrick Townsend & Stockton LLP - filed by GoPro, Inc.. Motions referred to Christopher J. Burke.(Rovner, Philip)
May 15, 2019 Opinion or Order Filing 125 NOTICE of Precedential Opinion Panel Review by 360Heros, Inc. re #109 MOTION to Stay pending Inter Partes Review (Attachments: #1 Exhibit 1)(Newell, Ryan)
May 15, 2019 Opinion or Order Filing 124 SO ORDERED #121 STIPULATION TO EXTEND TIME of remaining Scheduling Order deadlines to dates as proposed therein. A Hearing on Case Dispositive and Daubert Motions is set for 5/1/2020 at 11:00 AM in Courtroom 2A before Judge Christopher J. Burke; a Proposed Pretrial Order due by 9/4/2020; A Pretrial Conference is set for 9/11/2020 at 09:00 AM in Courtroom 6B before Judge Leonard P. Stark ; and a Jury Trial is set for 9/21/2020 at 09:30 AM in Courtroom 6B before Judge Leonard P. Stark. (See Stipulation for further deadlines) Ordered by Judge Christopher J. Burke on 5/15/2019. (dlb)
May 14, 2019 Opinion or Order Filing 123 ORAL ORDER Setting Hearing on Motion : With regard to the Courts May 7, 2019 Oral Order, the Court has been advised that at least Plaintiff has confirmed that it will have a newer attorney argue Defendants pending Motion to Stay #109 (Motion); in light of that, the Court will hold oral argument as to the Motion on May 29, 2019 at 10:00 a.m. in Courtroom 2A. Each side will be allocated 45 minutes per side for argument. Ordered by Judge Christopher J. Burke on 5/14/2019. (dlb)
May 13, 2019 Opinion or Order Filing 122 NOTICE OF SERVICE of Defendant GoPro, Inc.'s Second Set of Requests for Production to Plaintiff 360Heros filed by GoPro, Inc..(Rovner, Philip)
May 8, 2019 Opinion or Order Filing 121 STIPULATION TO EXTEND TIME of remaining Scheduling Order deadlines to dates as proposed therein - filed by 360Heros, Inc.. (Newell, Ryan)
May 7, 2019 Opinion or Order Filing 120 ORAL ORDER: The Court, having reviewed Defendant's Motion to Stay ("Motion"), (D.I. 109), and the related briefing, (D.I. 110-12, 114-18), advises the parties that it currently intends to resolve the Motion on the papers. That said, to the extent that either party advises the Court by May 14, 2019 that a newer attorney (i.e., an attorney in practice for seven years or less) will be arguing the Motion, the Court will schedule oral argument on the Motion, pursuant to the Court's Standing Order Regarding Courtroom Opportunities for Newer Attorneys (https://www.ded.uscourts.gov/sites/default/files/forms/StandingOrder2017.pdf). Ordered by Judge Christopher J. Burke on 5/7/2019. (dlb)
May 1, 2019 Opinion or Order Filing 119 REQUEST for Oral Argument by GoPro, Inc. re #109 MOTION to Stay pending Inter Partes Review. (Rovner, Philip)
April 29, 2019 Opinion or Order Filing 118 DECLARATION re #117 Reply Brief of Byron R. Chin by GoPro, Inc.. (Attachments: #1 Exhibit 8)(Rovner, Philip)
April 29, 2019 Opinion or Order Filing 117 REPLY BRIEF re #109 MOTION to Stay pending Inter Partes Review filed by GoPro, Inc.. (Rovner, Philip)
April 22, 2019 Opinion or Order Filing 116 DECLARATION re #114 Answering Brief in Opposition to Motion to Stay by 360Heros, Inc.. (Newell, Ryan)
April 22, 2019 Opinion or Order Filing 115 DECLARATION re #114 Answering Brief in Opposition to Motion to Stay by 360Heros, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Newell, Ryan)
April 22, 2019 Opinion or Order Filing 114 ANSWERING BRIEF in Opposition re #109 MOTION to Stay pending Inter Partes Review filed by 360Heros, Inc..Reply Brief due date per Local Rules is 4/29/2019. (Newell, Ryan)
April 10, 2019 Opinion or Order Filing 113 ORAL ORDER Resetting Mediation Conference: Due to a scheduling conflict, the teleconference set for 4/22/19 is cancelled. A Telephone Conference is set for 5/6/2019 at 11:15 AM before Judge Christopher J. Burke. Ordered by Judge Christopher J. Burke on 4/10/2019. (dlb)
April 8, 2019 Opinion or Order Filing 112 DECLARATION re #109 MOTION to Stay pending Inter Partes Review Declaration of Byron R. Chin by GoPro, Inc.. (Attachments: #1 Exhibit 1-7)(Rovner, Philip)
April 8, 2019 Opinion or Order Filing 111 DECLARATION re #109 MOTION to Stay pending Inter Partes Review Declaration of Alisa Leung by GoPro, Inc.. (Rovner, Philip)
April 8, 2019 Opinion or Order Filing 110 OPENING BRIEF in Support re #109 MOTION to Stay pending Inter Partes Review filed by GoPro, Inc..Answering Brief/Response due date per Local Rules is 4/22/2019. (Rovner, Philip)
April 8, 2019 Opinion or Order Filing 109 MOTION to Stay pending Inter Partes Review - filed by GoPro, Inc.. Motions referred to Christopher J. Burke.(Rovner, Philip)
April 8, 2019 Opinion or Order SO ORDERED D.I. #108 STIPULATION TO EXTEND TIME (1) the date for Plaintiff to serve final infringement contentions until May 8, 2019; and (2) the date for Defendant to serve final invalidity contentions until June 8, 2019 to filed by 360Heros, Inc. Ordered by Judge Christopher J. Burke on 4/8/2019. (dlb)
April 5, 2019 Opinion or Order Filing 108 STIPULATION TO EXTEND TIME (1) the date for Plaintiff to serve final infringement contentions until May 8, 2019; and (2) the date for Defendant to serve final invalidity contentions until June 8, 2019 to - filed by 360Heros, Inc.. (Newell, Ryan)
April 4, 2019 Opinion or Order Filing 107 NOTICE of regarding Institution of Inter Partes Review by GoPro, Inc. (Attachments: #1 Exhibit 1)(Rovner, Philip)
March 29, 2019 Opinion or Order Filing 106 NOTICE of Subpoena to Produce Documents, Information, or Objects on NMS Capital Advisors, LLC by GoPro, Inc. [CORRECTED] (Rovner, Philip)
March 29, 2019 Opinion or Order Filing 105 NOTICE of Subpoena to produce documents, information, or objects or to permit inspection of premises in a Civil Action on NMS Capital Advisors, LLC by GoPro, Inc. (Rovner, Philip)
February 28, 2019 Opinion or Order Filing 104 NOTICE of Change of Address by Ryan Patrick Newell (Newell, Ryan)
February 14, 2019 Opinion or Order Filing 103 #101 STIPULATION TO EXTEND TIME for remaining Scheduling Order deadlines to approximately two months each as proposed filed by 360Heros, Inc., ORDER, Setting Scheduling Order Deadlines ( Fact Discovery completed by 6/14/2019., Dispositive Motions due by 10/2/2019, An Hearing on Dispositive and Daubert Motions is set for 2/12/2020 at 01:00 PM in Courtroom 2A before Judge Christopher J. Burke., A Pretrial Conference is set for 6/5/2020 at 09:00 AM in Courtroom 6B before Judge Leonard P. Stark., A Jury Trial is set for 6/15/2020 at 09:30 AM in Courtroom 6B before Judge Leonard P. Stark.)See Stipulation for further deadlines. Signed by Judge Christopher J. Burke on 2/14/2019. (dlb)
February 13, 2019 Opinion or Order Filing 102 Official Transcript of Markman hearing held on 11/27/2018 before Judge Christopher J. Burke. Court Reporter/Transcriber Stacy Ingram,Telephone number 658-6697. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/6/2019. Redacted Transcript Deadline set for 3/18/2019. Release of Transcript Restriction set for 5/14/2019. (dh)
February 6, 2019 Opinion or Order Filing 101 STIPULATION TO EXTEND TIME for remaining Scheduling Order deadlines to approximately two months each as proposed - filed by 360Heros, Inc.. (Newell, Ryan)
January 24, 2019 Opinion or Order ORAL ORDER: The Court hereby advises the parties that it will be unable to meet its aspirational goal of issuing the claim construction Report and Recommendation within 60 days after the November 27, 2018 Markman hearing. The Court expects to issue decisions on claim construction by on or around March 29, 2019. Ordered by Judge Christopher J. Burke on 1/24/2019. (dlb)
January 15, 2019 Opinion or Order Pro Hac Vice Attorney Alok A. Parikh for 360Heros, Inc. 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)
January 15, 2019 Opinion or Order Pro Hac Vice Attorney Jason M. Wejnert for 360Heros, Inc. 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. (ddp)
January 15, 2019 Opinion or Order SO ORDERED D.I. #99 MOTION for Pro Hac Vice Appearance of Attorney for Alok A. Parikh filed by 360Heros, Inc., and D.I. #100 MOTION for Pro Hac Vice Appearance of Attorney for Jason M. Wejnert filed by 360Heros, Inc. Ordered by Judge Christopher J. Burke on 1/15/2019. (dlb)
January 14, 2019 Opinion or Order Filing 100 MOTION for Pro Hac Vice Appearance of Attorney for Jason M. Wejnert - filed by 360Heros, Inc.. Motions referred to Christopher J. Burke.(Newell, Ryan)
January 14, 2019 Opinion or Order Filing 99 MOTION for Pro Hac Vice Appearance of Attorney for Alok A. Parikh - filed by 360Heros, Inc.. Motions referred to Christopher J. Burke.(Newell, Ryan)
January 14, 2019 Opinion or Order Filing 98 NOTICE of Withdrawal of Counsel by 360Heros, Inc. for Brian J. Beck (Newell, Ryan)
January 7, 2019 Opinion or Order Filing 97 NOTICE of Withdrawal of Counsel by 360Heros, Inc. for Mary I. Akhimien, Esquire (Akhimien, Mary)
December 19, 2018 Opinion or Order Filing 96 NOTICE OF SERVICE of Plaintiff 360Heros, Inc.'s Response to Defendant's First Set of Interrogatories (Nos. 1-9) re #1 Complaint, filed by 360Heros, Inc..(Newell, Ryan)
December 13, 2018 Opinion or Order Filing 95 ORDER Setting Mediation Conference: A Telephone Conference is set for 4/22/2019 at 11:00 AM before Judge Christopher J. Burke. Signed by Judge Christopher J. Burke on 12/13/2018. (dlb) (dlb).
November 27, 2018 Opinion or Order Minute Entry for proceedings held before Judge Christopher J. Burke - Markman Hearing held on 11/27/2018. The Court took claim construction under advisement and will issue a written decision. (Clerk: M. Streifthau-Livizos) APPEARANCES: B. Beck, A. Connolly for Plaintiff; M. Chung, B. Chin, P. Rovner for Defendant. (Court Reporter Stacy Ingram (Hawkins)) (dlb) Modified on 11/28/2018 (dlb).
November 21, 2018 Opinion or Order Filing 94 RESPONSE TO OBJECTIONS by 360Heros, Inc. re #86 Claim Construction Answering Brief Plaintiff 360Heros, Inc.'s Response to Defendant's Objections to Dr. King's Declaration in Support of Claim Construction #77 . (Connolly, Arthur)
November 21, 2018 Opinion or Order SO ORDERED D.I. #91 MOTION for Leave to File a Response to Defendant's Objections to Dr. King's Declaration in Support of Claim Construction [D.I. 77] filed by 360Heros, Inc. Ordered by Judge Christopher J. Burke on 11/20/2018. (dlb)
November 20, 2018 Opinion or Order Filing 93 NOTICE OF SERVICE of Defendant GoPro's Inc.'s First Set of Interrogatories to Plaintiff 360Heros filed by GoPro, Inc..(Rovner, Philip)
November 19, 2018 Opinion or Order Filing 92 DECLARATION re #91 MOTION for Leave to File a Response to Defendant's Objections to Dr. King's Declaration in Support of Claim Construction [D.I. 77] .... of Brian J. Beck by 360Heros, Inc.. (Attachments: #1 Exhibit 1)(Connolly, Arthur)
November 19, 2018 Opinion or Order Filing 91 MOTION for Leave to File a Response to Defendant's Objections to Dr. King's Declaration in Support of Claim Construction [D.I. 77] - filed by 360Heros, Inc.. (Attachments: #1 Rule 7.1 Certificate, #2 Appendix A - Plaintiff 360Heros, Inc.'s Response to Defendant's Objections to Dr. King's Declaration in Support of Claim Construction, #3 Proposed Order)Motions referred to Christopher J. Burke.(Connolly, Arthur)
November 19, 2018 Opinion or Order ORAL ORDER: The time for commencement of the Markman hearing on 11/27/18 has been changed to begin at 2:30 PM in Courtroom 2A. Ordered by Judge Christopher J. Burke on 11/19/2018. (dlb)
November 16, 2018 Opinion or Order ORAL ORDER: The Court, having reviewed the parties' joint letter regarding the upcoming Markman hearing, (D.I.90), hereby ORDERS that the proposals set out therein are ADOPTED. Ordered by Judge Christopher J. Burke on 11/16/2018. (dlb)
November 15, 2018 Opinion or Order Filing 90 Joint Letter to The Honorable Christopher J. Burke from Ryan P. Newell regarding the format of the Claim Construction Hearing scheduled on November 27, 2018 - re Oral Order,,. (Newell, Ryan)
November 8, 2018 Opinion or Order Filing 89 ORDER Setting Mediation Conference: A Telephone Conference is set for 12/3/2018 at 10:45 AM before Judge Christopher J. Burke to discuss ADR. Signed by Judge Christopher J. Burke on 11/8/2018. (dlb)
November 7, 2018 Opinion or Order Filing 88 DECLARATION re #86 Claim Construction Answering Brief Declaration of Byron R. Chin by GoPro, Inc.. (Attachments: #1 Exhibit Q-R)(Rovner, Philip)
November 7, 2018 Opinion or Order Filing 87 STATEMENT Plaintiff 360Heros, Inc.'s Comments on Defendant GoPro's Technology Tutorial [DI 80] by 360Heros, Inc.. (Newell, Ryan)
November 7, 2018 Opinion or Order Filing 86 CLAIM CONSTRUCTION ANSWERING BRIEF re #76 Claim Construction Opening Brief filed by GoPro, Inc.. (Rovner, Philip)
November 7, 2018 Opinion or Order Filing 85 CLAIM CONSTRUCTION ANSWERING BRIEF re #74 Claim Construction Opening Brief Plaintiff 360Heros, Inc.'s Responsive Claim Construction Brief filed by 360Heros, Inc.. (Newell, Ryan)
November 2, 2018 Opinion or Order Filing 84 NOTICE OF SERVICE of Plaintiff 360Heros, Inc.s Response to Defendants First Set of Requests for Production filed by 360Heros, Inc..(Newell, Ryan)
October 23, 2018 Opinion or Order Filing 83 STIPULATION TO EXTEND TIME for the contemporaneous submission of contemporaneous responsive claim construction briefs to November 7, 2018 - filed by 360Heros, Inc.. (Newell, Ryan)
October 23, 2018 Opinion or Order SO ORDERED D.I. #83 STIPULATION TO EXTEND TIME for the contemporaneous submission of contemporaneous responsive claim construction briefs to November 7, 2018 filed by 360Heros, Inc. Ordered by Judge Christopher J. Burke on 10/23/2018. (dlb)
October 19, 2018 Opinion or Order Filing 82 NOTICE OF SERVICE of Defendant GoPro, Inc.'s Responses and Objections to Plaintiff 360Heros' Second Set of Requests for Production filed by GoPro, Inc..(Rovner, Philip)
October 15, 2018 Opinion or Order Filing 81 MULTI MEDIA DOCUMENT filed by 360Heros, Inc. in the form of (2) USB Flash Drives. Filing related to #79 Notice of Filing Multi Media Materials,. (Media on file in Clerk's Office). (dlb)
October 12, 2018 Opinion or Order Filing 80 NOTICE OF SERVICE of GoPro's Technology Tutorial filed by GoPro, Inc..(Rovner, Philip)
October 12, 2018 Opinion or Order Filing 79 NOTICE of filing the following Non-Paper material(s) in multi media format: Technology Tutorial Video. Original Non-paper material(s) to be filed with the Clerk's Office. Notice filed by Ryan Patrick Newell on behalf of 360Heros, Inc. (Newell, Ryan)
October 12, 2018 Opinion or Order Filing 78 Letter to The Honorable Christopher J. Burke from Ryan P. Newell regarding Technology Tutorial Video - re SO ORDERED. (Newell, Ryan)
October 10, 2018 Opinion or Order ORAL ORDER: The Court hereby ORDERS that by no later than November 15, 2018, the parties shall submit the joint letter required by Paragraph 14 of the Scheduling Order. (D.I. 40 at 10) In addition to indicating (1) whether the parties request leave to present testimony at the claim construction hearing and (2) the amount of time the parties are requesting be allocated to them for the claim construction hearing, the parties' joint letter shall also indicate (3) the order in which the parties intend to present the claim terms at issue, including which side will present first for each term. Ordered by Judge Christopher J. Burke on 10/10/2018. (dlb)
October 9, 2018 Opinion or Order SO ORDERED D.I. #73 STIPULATION TO EXTEND TIME to submit its technology tutorial to October 12, 2018 filed by 360Heros, Inc. Ordered by Judge Christopher J. Burke on 10/9/2018. (dlb)
October 5, 2018 Opinion or Order Filing 77 DECLARATION re #76 Claim Construction Opening Brief Declaration of Randall King in Support of 360Heros, Inc.s Opening Claim Construction Brief by 360Heros, Inc.. (Attachments: #1 Exhibit s 1-10)(Newell, Ryan)
October 5, 2018 Opinion or Order Filing 76 CLAIM CONSTRUCTION OPENING BRIEF filed by 360Heros, Inc.. (Newell, Ryan)
October 5, 2018 Opinion or Order Filing 75 DECLARATION re #74 Claim Construction Opening Brief Declaration of Byron R. Chin by GoPro, Inc.. (Attachments: #1 Exhibit A-P)(Rovner, Philip)
October 5, 2018 Opinion or Order Filing 74 CLAIM CONSTRUCTION OPENING BRIEF filed by GoPro, Inc.. (Rovner, Philip)
October 5, 2018 Opinion or Order Filing 73 STIPULATION TO EXTEND TIME to submit its technology tutorial to October 12, 2018 - filed by 360Heros, Inc.. (Newell, Ryan)
September 18, 2018 Opinion or Order Filing 72 NOTICE OF SERVICE of Plaintiff 360Heros' Second Set of Requests for Production filed by 360Heros, Inc..(Newell, Ryan)
September 11, 2018 Opinion or Order Filing 71 Interim STATUS REPORT by 360Heros, Inc.. (Newell, Ryan)
September 7, 2018 Opinion or Order Filing 70 CLAIM Construction Chart by 360Heros, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Newell, Ryan)
August 21, 2018 Opinion or Order Filing 69 RESPONSE TO OBJECTIONS by 360Heros, Inc. re #65 Objections . (Newell, Ryan)
August 16, 2018 Opinion or Order Filing 68 NOTICE OF SERVICE of Defendant GoPro, Inc.'s Supplemental Response and Objections to Plaintiff 360Heros' First Set of Interrogatories (No. 5) [Highly Confidential - Attorney's Eyes Only]; and Defendant GoPro, Inc.'s Supplemental Response and Objections to Plaintiff 360Heros' First Set of Interrogatories (Nos. 1, 6, and 7) filed by GoPro, Inc..(Rovner, Philip)
August 15, 2018 Opinion or Order Filing 67 NOTICE OF SERVICE of Defendant GoPro, Inc.'s Proposed Claim Constructions and Extrinsic Evidence filed by GoPro, Inc..(Rovner, Philip)
August 13, 2018 Opinion or Order Filing 66 NOTICE OF SERVICE of Plaintiff 360Heros' Proposed Claim Constructions and Supporting Extrinsic Evidence filed by 360Heros, Inc..(Newell, Ryan)
August 7, 2018 Opinion or Order Filing 65 OBJECTIONS by GoPro, Inc. to #61 Memorandum and Order . (Attachments: #1 Certification)(Rovner, Philip)
August 2, 2018 Opinion or Order Filing 64 ORDER granting redactions re #61 Memorandum and Order. Signed by Judge Christopher J. Burke on 8/2/2018. (Attachments: #1 redacted) (dlb)
July 27, 2018 Opinion or Order Filing 63 [SEALED] EXHIBIT re #62 Letter, #61 Memorandum and Order by 360Heros, Inc.. (Newell, Ryan)
July 27, 2018 Opinion or Order Filing 62 Letter to The Honorable Christopher J. Burke from Ryan P. Newell regarding proposed redactions in redacted version of the Court's July, 24, 2018, Memorandum Order (D.I. 61) - re #61 Memorandum and Order. (Newell, Ryan)
July 24, 2018 Opinion or Order Filing 61 [SEALED] MEMORANDUM ORDER re: Motion D.I. #28 . Signed by Judge Christopher J. Burke on 7/24/2018.This order has been emailed to local counsel. (dlb)
July 23, 2018 Opinion or Order Filing 60 Letter to The Honorable Christopher J. Burke from Ryan P. Newell, Esq. regarding Response to GoPro's Letter dated July 23, 2018 - re #59 Letter. (Newell, Ryan)
July 23, 2018 Opinion or Order Filing 59 Letter to the Honorable Christopher J. Burke from Philip A. Rovner regarding case status. (Rovner, Philip)
July 16, 2018 Opinion or Order Filing 58 NOTICE OF SERVICE of Defendant GoPro, Inc.'s Identification of Claim Term(s)/Phrase(s) for Construction filed by GoPro, Inc..(Rovner, Philip)
July 16, 2018 Opinion or Order Filing 57 NOTICE of Change of Address by Philip A. Rovner (Rovner, Philip)
July 16, 2018 Opinion or Order Filing 56 NOTICE OF SERVICE of Proposed Claim Terms for Construction filed by 360Heros, Inc..(Newell, Ryan)
May 18, 2018 Opinion or Order Filing 55 STATEMENT re #54 Notice (Other) Defendant GoPro, Inc.'s Response to Plaintiff 360Heros, Inc.'s Notice of Supplemental Authority by GoPro, Inc.. (Rovner, Philip)
May 17, 2018 Opinion or Order Filing 54 NOTICE of Supplemental Authority by 360Heros, Inc. re #28 MOTION to Transfer Case to Northern District of California (Newell, Ryan)
May 15, 2018 Opinion or Order Filing 53 NOTICE OF SERVICE of Defendant's GoPro, Inc.'s Initial Invalidity Contentions (with Exhibits A-D) filed by GoPro, Inc..(Rovner, Philip)
April 24, 2018 Opinion or Order Filing 52 NOTICE OF SERVICE of Defendant GoPro, Inc.'s Response and Objections to Plaintiff 360Heros' First Set of Interrogatories; and Defendant GoPro, Inc.'s Responses and Objections to Plaintiff 360Heros' First Set of Requests for Production filed by GoPro, Inc..(Rovner, Philip)
April 16, 2018 Opinion or Order Filing 51 NOTICE OF SERVICE of Plaintiff 360Heros' Initial Infringement Contentions filed by 360Heros, Inc..(Newell, Ryan)
April 4, 2018 Opinion or Order Filing 50 NOTICE of Change of Address and Request to Clerk to Change Address by 360Heros, Inc. (Newell, Ryan)
March 26, 2018 Opinion or Order Filing 49 NOTICE OF SERVICE of Plaintiff 360Heros' First Set of Interrogatories to Defendant GoPro, Inc. and Plaintiff 360Heros' First Set of Requests for Production to Defendant GoPro, Inc. filed by 360Heros, Inc..(Newell, Ryan)
March 14, 2018 Opinion or Order Filing 48 NOTICE OF SERVICE of Initial Disclosure of Core Technical Documents and Sales Figures Per Scheduling Order filed by GoPro, Inc..(Rovner, Philip)
March 7, 2018 Opinion or Order Filing 47 NOTICE OF SERVICE of Defendant GoPro, Inc.'s Default Standard Paragraph 3 Initial Disclosures filed by GoPro, Inc..(Rovner, Philip)
March 1, 2018 Opinion or Order Filing 46 NOTICE OF SERVICE of Plaintiff's Disclosures Pursuant to Paragraphs 3(a)-(c) of the Default Standard for Discovery filed by 360Heros, Inc..(Newell, Ryan)
March 1, 2018 Opinion or Order SO ORDERED D.I. #45 STIPULATION TO EXTEND TIME for Defandant to serve its initial ESI Disclosures pursuant to paragraphs 3(a)-(c) of the District of Delaware Default Discovery Standards to March 7, 2018 filed by GoPro, Inc. Ordered by Judge Christopher J. Burke on 3/1/2018. (dlb)
February 28, 2018 Opinion or Order Filing 45 STIPULATION TO EXTEND TIME for Defandant to serve its initial ESI Disclosures pursuant to paragraphs 3(a)-(c) of the District of Delaware Default Discovery Standards to March 7, 2018 - filed by GoPro, Inc.. (Rovner, Philip)
February 15, 2018 Opinion or Order SO ORDERED D.I. #44 Proposed Order filed by 360Heros, Inc.. Ordered by Judge Christopher J. Burke on 2/15/2018. (mlc)
February 14, 2018 Opinion or Order Filing 44 Joint PROPOSED ORDER [Proposed] Protective Order by 360Heros, Inc.. (Newell, Ryan)
February 13, 2018 Opinion or Order Filing 43 NOTICE OF SERVICE of Initial Disclosures filed by GoPro, Inc..(Rovner, Philip)
February 13, 2018 Opinion or Order Filing 42 NOTICE OF SERVICE of (1) Rule 26 Initial Disclosures and (2) Disclosures Pursuant to Paragraph 4(a) of the Default Standard for Discovery filed by 360Heros, Inc..(Newell, Ryan)
February 13, 2018 Opinion or Order SO ORDERED D.I. #41 Joint STIPULATION TO EXTEND TIME to file proposed Protective Order to February 16, 2018 filed by GoPro, Inc. Ordered by Judge Christopher J. Burke on 2/13/2018. (dlb)
February 12, 2018 Opinion or Order Filing 41 Joint STIPULATION TO EXTEND TIME to file proposed Protective Order to February 16, 2018 - filed by GoPro, Inc.. (Rovner, Philip)
February 6, 2018 Opinion or Order Filing 40 SCHEDULING ORDER: Joinder of Parties due by 7/30/2018. Amended Pleadings due by 7/30/2018. Discovery due by 4/15/2019. Opening Expert Reports due by 5/3/2019. Rebuttal Expert Reports due by 5/31/2019. Status Report due by 9/11/2018. Dispositive Motions due by 8/2/2019. A Motion Hearing is set for 10/10/2019 at 01:00 PM in Courtroom 2A before Judge Christopher J. Burke Claim Construction Opening Brief due by 10/5/2018. Claim Construction Answering Brief due by 10/26/2018. A Markman Hearing is set for 11/27/2018 at 01:00 PM in Courtroom 2A before Judge Christopher J. Burke. A Pretrial Conference is set for 12/6/2019 at 11:30 AM in Courtroom 6B before Judge Leonard P. Stark. A Jury Trial is set for 1/13/2020 at 09:30 AM in Courtroom 6B before Judge Leonard P. Stark.. Signed by Judge Christopher J. Burke on 2/6/2018. (dlb)
February 2, 2018 Opinion or Order CASE REFERRED to Magistrate Judge Burke 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 (dlb)
February 2, 2018 Opinion or Order Filing 39 Joint PROPOSED ORDER Scheduling Order by 360Heros, Inc.. (Newell, Ryan)
January 29, 2018 Opinion or Order Minute Entry for proceedings held before Judge Christopher J. Burke - Case Management/Scheduling Conference held on 1/29/2018. The Court provided counsel with key dates. Plaintiff's counsel shall submit a revised proposed scheduling order by no later than Friday, February 2, 2018. (Court Reporter Taneha Carroll (Hawkins). Clerk: Crawford) Appearances: R. Newell, B. Beck for Plaintiff; P. Rovner, M. Boroumand Smith for Defendant. (mlc)
January 25, 2018 Opinion or Order Filing 38 REQUEST for Oral Argument by GoPro, Inc. re #28 MOTION to Transfer Case to Northern District of California. (Rovner, Philip)
January 19, 2018 Opinion or Order Filing 37 REPLY BRIEF re #28 MOTION to Transfer Case to Northern District of California filed by GoPro, Inc.. (Rovner, Philip)
January 8, 2018 Opinion or Order Filing 36 REDACTED VERSION of #33 Answering Brief in Opposition by 360Heros, Inc.. (Newell, Ryan)
January 5, 2018 Opinion or Order Filing 35 DECLARATION re #33 Answering Brief in Opposition Declaration of Brian J. Beck by 360Heros, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Newell, Ryan)
January 5, 2018 Opinion or Order Filing 34 DECLARATION re #33 Answering Brief in Opposition Declaration of Michael Kintner by 360Heros, Inc.. (Newell, Ryan)
January 5, 2018 Opinion or Order Filing 33 [SEALED] ANSWERING BRIEF in Opposition re #28 MOTION to Transfer Case to Northern District of California filed by 360Heros, Inc..Reply Brief due date per Local Rules is 1/12/2018. (Newell, Ryan)
January 2, 2018 Opinion or Order ORAL ORDER Resetting Case Management/Scheduling Conference ("CMC"): Per a request from counsel, the 1/16/18 CMC is postponed. A Case Management/Scheduling Conference is now set for 1/29/2018 at 01:30 PM in Courtroom 2A before Judge Christopher J. Burke. Ordered by Judge Christopher J. Burke on 1/2/2018. (dlb)
December 19, 2017 Opinion or Order CORRECTING ENTRY: At the request of the filer, the docket entry made at D.I. 27 has been amended to reflect that the Answer does not include counterclaims. (dlb)
December 15, 2017 Opinion or Order Filing 32 DECLARATION re #28 MOTION to Transfer Case to Northern District of California Declaration of Megan M. Chung by GoPro, Inc.. (Attachments: #1 Exhibit A-K)(Rovner, Philip)
December 15, 2017 Opinion or Order Filing 31 DECLARATION re #28 MOTION to Transfer Case to Northern District of California Declaration of Justin Wilkenfeld by GoPro, Inc.. (Rovner, Philip)
December 15, 2017 Opinion or Order Filing 30 OPENING BRIEF in Support re #28 MOTION to Transfer Case to Northern District of California filed by GoPro, Inc..Answering Brief/Response due date per Local Rules is 1/2/2018. (Rovner, Philip)
December 15, 2017 Opinion or Order Filing 29 EXHIBIT re #28 MOTION to Transfer Case to Northern District of California Rule 7.1.1 Certificate by GoPro, Inc.. (Rovner, Philip)
December 15, 2017 Opinion or Order Filing 28 MOTION to Transfer Case to Northern District of California - filed by GoPro, Inc.. Motions referred to Christopher J. Burke.(Rovner, Philip)
December 15, 2017 Opinion or Order Filing 27 ANSWER to #1 Complaint, with Jury Demand Answer to First Amended Complaint against 360Heros, Inc. by GoPro, Inc..(Rovner, Philip) Modified on 12/19/2017 (dlb). (Main Document 27 replaced on 12/19/2017) (dlb).
December 15, 2017 Opinion or Order Filing 26 NOTICE of Withdrawal of Motion to Dismiss, or in the Alternative to Transfer Venue to hte Northern District of California by GoPro, Inc. D.I. 8] (Rovner, Philip)
December 11, 2017 Opinion or Order Filing 25 STIPULATION TO EXTEND TIME for GoPro to answer amended complaint; for 360Heros' to file its Opposition to any motion filed by GoPro; and GoPro to file its reply in support of any motion to December 15, 2017; January 5, 2018; and January 19, 2018 respectively - filed by GoPro, Inc.. (Rovner, Philip)
December 11, 2017 Opinion or Order SO ORDERED D.I. #25 STIPULATION TO EXTEND TIME for GoPro to answer amended complaint; for 360Heros' to file its Opposition to any motion filed by GoPro; and GoPro to file its reply in support of any motion to December 15, 2017; January 5, 2018; and January 19, 2018 filed by GoPro, Inc. Ordered by Judge Christopher J. Burke on 12/11/2017. (mlc)
December 7, 2017 Opinion or Order ORAL ORDER Setting Case Management/Scheduling Conference: A Case Management/Scheduling Conference is set for 1/16/2018 at 03:00 PM in Courtroom 2A before Judge Christopher J. Burke. Signed by Judge Christopher J. Burke on 12/7/2017. (dlb)
December 4, 2017 Opinion or Order Filing 24 Joint Letter to The Honorable Christopher J. Burke from Ryan P. Newell, Esq. regarding Response to October 11, 2017 Oral Order. (Attachments: #1 California Claim Construction Order, #2 Case Management Checklist, #3 Proposed Scheduling Order)(Newell, Ryan)
November 27, 2017 Opinion or Order Filing 23 FIRST AMENDED COMPLAINT against 360Heros, Inc.(mlc)
November 27, 2017 Opinion or Order SO ORDERED D.I. #22 MOTION to Amend/Correct #1 Complaint, Unopposed Motion for Leave to Amend the Complaint filed by 360Heros, Inc.. Ordered by Judge Christopher J. Burke on 11/27/2017. (mlc)
November 22, 2017 Opinion or Order Filing 22 MOTION to Amend/Correct #1 Complaint, Unopposed Motion for Leave to Amend the Complaint - filed by 360Heros, Inc.. (Attachments: #1 Exhibit A (Proposed First Amended Complaint), #2 Exhibit B (Legal Blackline))Motions referred to Christopher J. Burke.(Newell, Ryan)
November 20, 2017 Opinion or Order Filing 21 STIPULATION TO EXTEND TIME for parties to submit (i) Chief Judge Stark's Case Management Checklist, (ii) a proposed Scheduling Order, and (iii) a joint letter regarding the cases to December 4, 2017 - filed by GoPro, Inc.. (Rovner, Philip)
November 20, 2017 Opinion or Order SO ORDERED D.I. #21 STIPULATION TO EXTEND TIME for parties to submit (i) Chief Judge Stark's Case Management Checklist, (ii) a proposed Scheduling Order, and (iii) a joint letter regarding the cases to December 4, 2017 filed by GoPro, Inc. Ordered by Judge Christopher J. Burke on 11/20/2017. (dlb)
November 14, 2017 Opinion or Order SO ORDERED D.I. #20 STIPULATION TO EXTEND TIME time for parties to submit (i) Chief Judge Stark's Case Management Checklist, (ii) a proposed Scheduling Order, and (iii) a joint letter regarding the cases to November 20, 2017 filed by GoPro, Inc. Ordered by Judge Christopher J. Burke on 11/14/2017. (dlb)
November 13, 2017 Opinion or Order Filing 20 STIPULATION TO EXTEND TIME time for parties to submit (i) Chief Judge Stark's Case Management Checklist, (ii) a proposed Scheduling Order, and (iii) a joint letter regarding the cases to November 20, 2017 - filed by GoPro, Inc.. (Rovner, Philip)
November 6, 2017 Opinion or Order Filing 19 REQUEST for Oral Argument by GoPro, Inc. re #8 MOTION to Dismiss for Failure to State a Claim , or in the Alternative to Transfer Venue to the Northern District of California. (Rovner, Philip)
November 6, 2017 Opinion or Order Pro Hac Vice Attorney William C. Spence for 360Heros, Inc. 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)
November 1, 2017 Opinion or Order Pro Hac Vice Attorney Brian J. Beck for 360Heros, Inc. 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. (nmg)
November 1, 2017 Opinion or Order Pro Hac Vice Attorney Byron Chin, Mehrnaz Boroumand Smith, and Megan Chung for GoPro, Inc. 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)
October 31, 2017 Opinion or Order Filing 18 REPLY BRIEF re #8 MOTION to Dismiss for Failure to State a Claim , or in the Alternative to Transfer Venue to the Northern District of California filed by GoPro, Inc.. (Rovner, Philip)
October 31, 2017 Opinion or Order Filing 17 REDACTED VERSION of #13 Declaration, by 360Heros, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Newell, Ryan)
October 31, 2017 Opinion or Order Filing 16 REDACTED VERSION of #12 Answering Brief in Opposition, by 360Heros, Inc.. (Newell, Ryan)
October 31, 2017 Opinion or Order SO ORDERED D.I. #7 MOTION for Pro Hac Vice Appearance of Attorney William C. Spence and Brian J. Beck filed by 360Heros, Inc., and #15 MOTION for Pro Hac Vice Appearance of Attorney Mehrnaz Boroumand Smith, Byron R. Chin and Megan M. Chung filed by GoPro, Inc. Ordered by Judge Christopher J. Burke on 10/31/2017. (dlb)
October 25, 2017 Opinion or Order Filing 15 MOTION for Pro Hac Vice Appearance of Attorney Mehrnaz Boroumand Smith, Byron R. Chin and Megan M. Chung - filed by GoPro, Inc.. Motions referred to Christopher J. Burke.(Rovner, Philip)
October 24, 2017 Opinion or Order Filing 14 DECLARATION re #12 Answering Brief in Opposition, of Brian J. Beck in Opposition to Defendant's Motion to Dismiss or to Transfer Venue by 360Heros, Inc.. (Attachments: #1 Exhibit 5, #2 Exhibit 6)(Connolly, Arthur)
October 24, 2017 Opinion or Order Filing 13 [SEALED] DECLARATION re #12 Answering Brief in Opposition, of Michael Kintner in Opposition to Defendant's Motion to Transfer Venue by 360Heros, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Certificate of Service)(Connolly, Arthur)
October 24, 2017 Opinion or Order Filing 12 [SEALED] ANSWERING BRIEF in Opposition re #8 MOTION to Dismiss for Failure to State a Claim , or in the Alternative to Transfer Venue to the Northern District of California filed by 360Heros, Inc..Reply Brief due date per Local Rules is 10/31/2017. (Attachments: #1 Certificate of Service)(Connolly, Arthur)
October 11, 2017 Opinion or Order ORAL ORDER: IT IS HEREBY ORDERED that the parties shall meet and confer and discuss, in person and/or by telephone, each of the matters listed on Chief Judge Stark's Case Management Checklist ("Checklist"). Within thirty (30) days from the date of this Order, the parties shall jointly file the following: (i) a copy of the "Checklist" indicating the names of Lead Counsel and Delaware Counsel for each party; (ii) a proposed Scheduling Order consistent with the Chief Judge Stark's Revised Patent Form Scheduling Order (with the exception that Paragraph (g) of the parties' proposed Scheduling Order shall be altered as follows: (a) the letter referenced in Paragraph (g)(ii) should be addressed to Judge Burke; (b) the timeframes for the letters referenced in Paragraph (g)(iii) should be changed to 96 hours for the initial letter filed by the movant and 48 hours for the responsive letter filed by the opposing party; and (c) the parties should include an additional requirement that, after the Court has issued an order scheduling the discovery teleconference, the parties shall file a joint "Motion for Teleconference to Resolve Discovery Dispute," the text of which can be found in the "Forms" tab of Judge Burke's page on the District Court's website); and (iii) a letter, not to exceed three pages, that contains the following: (a) a description of what this case is about; (b) the parties' positions regarding the disputes in the proposed Scheduling Order, and (c) a list of the three most significant topics (other than Scheduling Order disputes) discussed during the parties' review of the Checklist items, along with a brief description as to what was discussed as to those topics. Thereafter, the Court will schedule an in-person Case Management Conference/Rule 16 Scheduling Conference to be held with Judge Burke. The Checklist and Revised Patent Form Scheduling Order can be found on this Court's website (www.ded.uscourts.gov/judge/chief-judge-leonard-p-stark).. Ordered by Judge Christopher J. Burke on 10/11/2017. (dlb)
October 10, 2017 Opinion or Order Filing 11 DECLARATION re #8 MOTION to Dismiss for Failure to State a Claim , or in the Alternative to Transfer Venue to the Northern District of California Declaration of Justin Wilkenfeld by GoPro, Inc.. (Rovner, Philip)
October 10, 2017 Opinion or Order Filing 10 DECLARATION re #8 MOTION to Dismiss for Failure to State a Claim , or in the Alternative to Transfer Venue to the Northern District of California Declaration of Byron R. Chin by GoPro, Inc.. (Attachments: #1 Exhibit A-J)(Rovner, Philip)
October 10, 2017 Opinion or Order Filing 9 OPENING BRIEF in Support re #8 MOTION to Dismiss for Failure to State a Claim , or in the Alternative to Transfer Venue to the Northern District of California filed by GoPro, Inc..Answering Brief/Response due date per Local Rules is 10/24/2017. (Rovner, Philip)
October 10, 2017 Opinion or Order Filing 8 MOTION to Dismiss for Failure to State a Claim , or in the Alternative to Transfer Venue to the Northern District of California - filed by GoPro, Inc.. (Attachments: #1 Rule 7.1.1 Certificate)Motions referred to Christopher J. Burke.(Rovner, Philip)
October 4, 2017 Opinion or Order Filing 7 MOTION for Pro Hac Vice Appearance of Attorney William C. Spence and Brian J. Beck - filed by 360Heros, Inc.. Motions referred to Christopher J. Burke.(Newell, Ryan)
October 2, 2017 Opinion or Order Filing 6 SUMMONS Returned Executed by 360Heros, Inc.. GoPro, Inc. served on 9/18/2017, answer due 10/10/2017. (Newell, Ryan)
September 22, 2017 Opinion or Order Filing 5 ORAL ORDER REFERRING CASE to Magistrate Judge Christopher J. Burke: IT IS HEREBY ORDERED that the above captioned case is referred to Magistrate Judge Christopher J. Burke to hear and resolve all pretrial matters, up to and including the resolution of case-dispositive motions, subject to 28 U.S.C. 636(b) and any further Order of the Court; all subsequent filings in this action shall be captioned as follows: Civil Action No. 17-1302-LPS-CJB. ORDERED by Judge Leonard P. Stark on 9/22/17. (ntl)
September 20, 2017 Opinion or Order Case Assigned to Judge Leonard P. Stark. Please include the initials of the Judge (LPS) after the case number on all documents filed. (rjb)
September 14, 2017 Opinion or Order Summons Issued with Magistrate Consent Notice attached as to GoPro, Inc. on 9/14/2017. (jcs)
September 13, 2017 Opinion or Order Filing 4 Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by 360Heros, Inc. (nmfn)
September 13, 2017 Opinion or Order Filing 3 Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 9,152,019. (nmfn)
September 13, 2017 Opinion or Order Filing 2 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (nmfn)
September 13, 2017 Opinion or Order Filing 1 COMPLAINT FOR PATENT INFRINGEMENT filed with Jury Demand against GoPro, Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number 0311-2223075.) - filed by 360Heros, Inc. (Attachments: #1 Exhibit 1 to the Complaint, #2 Civil Cover Sheet)(nmfn)
September 13, 2017 Opinion or Order No Summons Issued. (nmfn)

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Search for this case: 360Heros, Inc. v. GoPro, Inc.
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Plaintiff: 360Heros, Inc.
Represented By: Mary I. Akhimien
Represented By: Arthur G. Connolly, III
Represented By: Ryan Patrick Newell
Represented By: Alok A. Parikh
Represented By: Jason M. Wejnert
Represented By: Brian J. Beck
Represented By: William C. Spence
Represented By: Donald H. Mahoney, III
Represented By: Stamatios Stamoulis
Represented By: William P. Ramey
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Defendant: GoPro, Inc.
Represented By: Mehrnaz Boroumand Smith
Represented By: Byron Chin
Represented By: Megan Chung
Represented By: Philip A. Rovner
Represented By: Andrew N. Saul
Represented By: Megan M. Chung
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Intervenor: SpencePC
Represented By: Arthur G. Connolly, III
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