Kroy IP Holdings, LLC v. Groupon, Inc.

Plaintiff: Kroy IP Holdings, LLC
Defendant: Groupon, Inc.
Case Number: 1:2017cv01405
Filed: October 6, 2017
Court: US District Court for the District of Delaware
Office: Wilmington Office
County: New Castle
Presiding Judge: Vacant Judgeship (2017)
Referring Judge: Christopher J Burke
2 Judge: Maryellen Noreika
Nature of Suit: Patent
Cause of Action: 35 U.S.C. § 271
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on December 2, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 21, 2019 ORAL ORDER terminating Scheduling Order Deadlines; Motion - In light of the stay of this action pending IPR proceedings, including any appeal to the United States Court of Appeals for the Federal Circuit, IT IS HEREBY ORDERED that all Scheduling Order deadlines are TERMINATED. IT IS FURTHER ORDERED that the MOTION to Dismiss for Failure to State a Claim #85 is DENIED with leave to renew upon completion of the IPR proceedings and all related appeals. ORDERED by Judge Maryellen Noreika on 6/21/2019. (dlw)
May 2, 2019 Filing 94 ORDER STAYING CASE. This case is stayed pending final written decision by the PTAB. The parties shall notify the Court within one week after the final written decision by the PTAB as to the outcome of those proceedings. Signed by Judge Maryellen Noreika on 5/2/2019. (dlw)
May 2, 2019 Filing 93 STIPULATION to Stay Litigation Pending Inter Partes Review by Groupon, Inc.. (Mayo, Andrew)
April 12, 2019 Filing 92 REPLY BRIEF re #85 MOTION to Dismiss for Failure to State a Claim filed by Groupon, Inc.. (Balick, Steven)
April 11, 2019 Filing 91 NOTICE OF SERVICE of Defendant's Responses and Objections to Plaintiff's Amended Notice of Rule 30(b)(6) Oral Deposition filed by Groupon, Inc..(Balick, Steven)
April 1, 2019 Set Briefing Schedule: re #85 MOTION to Dismiss for Failure to State a Claim - Reply Brief due 4/12/2019 per 3/6/2019 Stipulation and SO ORDERED. (dlw)
March 29, 2019 Filing 90 ANSWERING BRIEF in Opposition re #85 MOTION to Dismiss for Failure to State a Claim filed by Kroy IP Holdings, LLC.Reply Brief due date per Local Rules is 4/5/2019. (O'Byrne, Stephanie)
March 29, 2019 Filing 89 NOTICE OF SERVICE of Plaintiff Kroy IP Holdings, LLC's Initial Claim Chart filed by Kroy IP Holdings, LLC.(O'Byrne, Stephanie)
March 21, 2019 Filing 88 NOTICE to Take Deposition of Groupon, Inc. (Amended) on April 11, 2019 filed by Kroy IP Holdings, LLC.(Moore, David)
March 6, 2019 Filing 87 STIPULATION TO EXTEND TIME for Plaintiff to respond to Defendant's Motin to Dismiss to March 29, 2019, and the time for Defendant to reply in further support of its Motion to Dismiss to April 12, 2019 - filed by Kroy IP Holdings, LLC. (Moore, David)
March 6, 2019 SO ORDERED re #87 STIPULATION TO EXTEND TIME for Plaintiff to respond to Defendant's Motin to Dismiss to March 29, 2019, and the time for Defendant to reply in further support of its Motion to Dismiss to April 12, 2019 (Set Briefing Schedule: re #85 MOTION to Dismiss for Failure to State a Claim - Answering Brief due 3/29/2019. Reply Brief due 4/12/2019). ORDERED by Judge Maryellen Noreika on 3/6/2019. (dlw)
March 1, 2019 Filing 86 OPENING BRIEF in Support re #85 MOTION to Dismiss for Failure to State a Claim filed by Groupon, Inc..Answering Brief/Response due date per Local Rules is 3/15/2019. (Attachments: #1 Exhibit A-D)(Mayo, Andrew)
March 1, 2019 Filing 85 MOTION to Dismiss for Failure to State a Claim - filed by Groupon, Inc.. (Attachments: #1 Text of Proposed Order)(Mayo, Andrew)
February 26, 2019 Filing 84 NOTICE OF SERVICE of Notice of Subpoenas filed by Groupon, Inc..(Mayo, Andrew)
February 15, 2019 Filing 83 NOTICE OF SERVICE of Groupon, Inc.'s Disclosures Pursuant to Paragraph 7(b) of the Court's Scheduling Order filed by Groupon, Inc..(Mayo, Andrew)
February 15, 2019 Filing 82 NOTICE OF SERVICE of Notice of Subpoenas filed by Groupon, Inc..(Mayo, Andrew)
February 8, 2019 Filing 81 NOTICE OF SERVICE of Notice of Subpoenas filed by Groupon, Inc..(Mayo, Andrew)
February 8, 2019 Filing 80 PROTECTIVE ORDER. Signed by Judge Maryellen Noreika on 2/8/2019. (dlw)
February 8, 2019 Filing 79 PROPOSED ORDER // Stipulated Protective Order by Kroy IP Holdings, LLC. (O'Byrne, Stephanie) Modified on 2/8/2019 (dlw).
February 8, 2019 Filing 78 STIPULATION TO EXTEND TIME to Respond to the Amended Complaint to March 1, 2019 - filed by Groupon, Inc.. (Mayo, Andrew)
February 8, 2019 SO ORDERED re #78 STIPULATION TO EXTEND TIME to Respond to the Amended Complaint to March 1, 2019 (Set/Reset Answer Deadlines: Groupon, Inc. answer due 3/1/2019). ORDERED by Judge Maryellen Noreika on 2/8/2019. (dlw)
February 7, 2019 Filing 77 NOTICE OF SERVICE of Notice of Subpoenas filed by Groupon, Inc..(Mayo, Andrew)
February 6, 2019 Filing 76 AMENDED COMPLAINT with Jury Demand against Groupon, Inc. - filed by Kroy IP Holdings, LLC. (Attachments: #1 Exhibit 1 - 3)(dlw)
February 6, 2019 Minute Entry for proceedings held before Judge Maryellen Noreika - Discovery Dispute Telephone Conference held on 2/6/2019. Discussion regarding the parties' arguments set forth in their joint letter (DI [74). The Court orders that two in-house counsel not involved in competitive decision-making are permitted to have access to all documents in the case. See transcript for further details. (Court Reporter Dale Hawkins.) (mdb) Modified on 2/6/2019 (mdb).
February 6, 2019 SO ORDERED re #75 UNOPPOSED MOTION for Leave to File a First Amended Complaint. IT IS HEREBY FURTHER ORDERED that the Amended Complaint docketed at D.I. 71 is HEREBY STRICKEN from the record. ORDERED by Judge Maryellen Noreika on 2/6/2019. (dlw)
February 6, 2019 CORRECTING ENTRY: The Minute Entry dated 2/6/2019 has been edited from "two in-house counsel" to "two in-house counsel not involved in competitive decision-making" (mdb)
February 5, 2019 Filing 75 UNOPPOSED MOTION for Leave to File a First Amended Complaint - filed by Kroy IP Holdings, LLC. (Attachments: #1 Text of Proposed Order, #2 Exhibit A (Amended Complaint), #3 Exhibit B (Redline))(O'Byrne, Stephanie) Modified on 2/6/2019 (dlw).
February 4, 2019 Filing 74 Joint Letter to The Honorable Maryellen Noreika from Stephanie E. O'Byrne regarding Protective Order dispute - re 70 Oral Order,. (Attachments: #1 Exhibit 1 (Proposed Stipulated Protective Order))(O'Byrne, Stephanie)
January 28, 2019 Filing 73 NOTICE OF SERVICE of Plaintiff Kroy IP Holdings, LLC's Initial Disclosures Pursuant to Section 3 of the Court's Default Standard for Discovery filed by Kroy IP Holdings, LLC.(O'Byrne, Stephanie)
January 28, 2019 Filing 72 NOTICE OF SERVICE of Groupon, Inc.'s Initial Disclosures Pursuant to Section 3 of the Courts Default Standard for Discovery filed by Groupon, Inc..(Mayo, Andrew)
January 22, 2019 Filing 71 ***STRICKEN FROM RECORD*** See 2/6/2019 SO ORDERED. AMENDED COMPLAINT with Jury Demand against Groupon, Inc.- filed by Kroy IP Holdings, LLC. (Attachments: #1 Exhibit 1-3)(O'Byrne, Stephanie) Modified on 1/22/2019 (dlw). Modified on 2/6/2019 (dlw).
January 17, 2019 Filing 70 ORAL ORDER - The Court, having considered Groupon's letter request for a teleconference to discuss modification to the current case schedule to include early dispositive motions (D.I. #67 ) and Kroy's response thereto (D.I. #69 ), HEREBY ORDERS that the request is DENIED. This case shall proceed on the current schedule (D.I. #50 ). ORDERED by Judge Maryellen Noreika on 1/17/2019. (dlw)
January 17, 2019 ORDER SETTING TELECONFERENCE: The Court, having been advised by the parties of their inability to resolve protective order disputes, HEREBY ORDERS the parties to file a joint letter setting forth their positions and their responses to opposing positions on or before 2/4/2019. Each party shall have three pages for their positions/counter-positions. The protective order setting forth the parties' respective language shall be attached to the joint letter. The Court HEREBY FURTHER ORDERS that a teleconference is scheduled for 2/6/2019 at 4:00 p.m. with Plaintiff's counsel initiating the call to (302) 573-4559. ORDERED by Judge Maryellen Noreika on 1/17/2019. (dlw)
January 15, 2019 Filing 69 Letter to The Honorable Maryellen Noreika from Stephanie E. O'Byrne regarding response to Groupon's letter requesting teleconference - re #67 Letter. (O'Byrne, Stephanie)
January 14, 2019 Filing 68 NOTICE OF SERVICE of Plaintiff Kroy IP Holdings, LLC's Responses And Objections To Groupon, Inc.'s First Set Of Set Of Interrogatories (Nos. 1-12) [Highly Confidential Attorneys' Eyes Only]; Plaintiff Kroy IP Holdings, LLC's Responses And Objections To Groupon, Inc.'s First Request For The Production Of Documents And Things To Plaintiff (Nos. 1-21); and Plaintiff Kroy IP Holdings, LLC's Responses And Objections To Groupon, Inc.'s Notice Of Oral Deposition Of Kroy IP Holdings, LLC Pursuant To Federal Rule Of Civil Procedure 30(B)(6) filed by Kroy IP Holdings, LLC.(O'Byrne, Stephanie)
January 14, 2019 Filing 67 Letter to The Honorable Maryellen Noreika from Andrew C. Mayo regarding request for telephone conference. (Mayo, Andrew)
January 7, 2019 Filing 66 ANSWER to #1 Complaint, with Jury Demand by Groupon, Inc..(Mayo, Andrew)
January 7, 2019 SO ORDERED re #65 STIPULATION TO EXTEND TIME for the parties to submit a proposed protective order to January 17, 2019. ORDERED by Judge Maryellen Noreika on 1/7/2019. (dlw)
January 4, 2019 Filing 65 STIPULATION TO EXTEND TIME for the parties to submit a proposed protective order to January 17, 2019 - filed by Groupon, Inc.. (Mayo, Andrew)
December 27, 2018 Filing 64 NOTICE OF SERVICE of Defendant's Responses and Objections to Plaintiff's First Set of Requests for Production of Documents (Nos. 1-36); Defendant's Answers and Objections to Plaintiff's First Set of Interrogatories (Nos. 1-7); and Defendant's Responses and Objections to Plaintiff's Notice of Rule 30(b)(6) Oral Deposition filed by Groupon, Inc..(Mayo, Andrew)
December 19, 2018 Filing 63 NOTICE OF SERVICE of Plaintiff Kroy IP Holdings, LLC's Identification of Accused Products, Asserted Patent, and Damages Model filed by Kroy IP Holdings, LLC.(O'Byrne, Stephanie)
December 14, 2018 Filing 62 NOTICE OF SERVICE of (1) Defendant Groupon, Inc.'s First Set of Interrogatories (Nos. 1-12); (2) Defendant Groupon, Inc.'s First Request for the Production of Documents and Things to Plaintiff Kroy IP Holdings, LLC (Nos. 1-21); and (3) Defendant's Notice of Oral Deposition of Kroy IP Holdings, LLC Pursuant to Federal Rule of Civil Procedure 30(b)(6) filed by Groupon, Inc..(Mayo, Andrew)
December 13, 2018 Filing 61 STIPULATION TO EXTEND TIME to respond to complaint and submit proposed protective order to January 7, 2019 - filed by Groupon, Inc.. (Mayo, Andrew)
December 13, 2018 SO ORDERED re #61 STIPULATION TO EXTEND TIME to respond to complaint and submit proposed protective order to January 7, 2019 (Set/Reset Answer Deadlines: Groupon, Inc. answer due 1/7/2019. Protective Order due 1/7/2019). ORDERED by Judge Maryellen Noreika on 12/13/2018. (dlw)
December 11, 2018 Filing 60 NOTICE requesting Clerk to remove Tron Y. Fu as co-counsel. Reason for request: no longer with firm. (Mayo, Andrew)
December 11, 2018 SO ORDERED re #57 MOTION for Pro Hac Vice Appearance of Attorney Ryan N. Phelan and Kwanwoo Lee filed by Groupon, Inc. ORDERED by Judge Maryellen Noreika on 12/11/2018. (dlw)
December 10, 2018 Filing 59 ORDER re #58 Memorandum Opinion. Plaintiff's objections #41 to Judge Fallon's Report and Recommendation are OVERRULED. The Report and Recommendation #39 is ADOPTED and Defendant's motion to dismiss #10 is DENIED. Signed by Judge Maryellen Noreika on 12/10/2018. (dlw)
December 10, 2018 Filing 58 MEMORANDUM OPINION. Signed by Judge Maryellen Noreika on 12/10/2018. (dlw)
December 10, 2018 Filing 57 MOTION for Pro Hac Vice Appearance of Attorney Ryan N. Phelan and Kwanwoo Lee - filed by Groupon, Inc.. (Mayo, Andrew)
December 4, 2018 Filing 56 NOTICE OF SERVICE of Defendant Groupon's Initial Disclosures filed by Groupon, Inc..(Mayo, Andrew)
December 4, 2018 Filing 55 NOTICE OF SERVICE of Plaintiff Kroy IP Holdings, LLC's Initial Disclosures filed by Kroy IP Holdings, LLC.(O'Byrne, Stephanie)
November 29, 2018 Filing 54 MOTION for Pro Hac Vice Appearance of Attorney Tiffany D. Gehrke - filed by Groupon, Inc.. (Mayo, Andrew)
November 29, 2018 SO ORDERED re #54 MOTION for Pro Hac Vice Appearance of Attorney Tiffany D. Gehrke filed by Groupon, Inc. ORDERED by Judge Maryellen Noreika on 11/29/2018. (dlw)
November 29, 2018 Pro Hac Vice Attorney Tiffany D. Gehrke for Groupon, 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)
November 28, 2018 Filing 53 NOTICE to Take Deposition of Groupon, Inc. on January 9, 2019 filed by Kroy IP Holdings, LLC.(O'Byrne, Stephanie)
November 28, 2018 Filing 52 NOTICE OF SERVICE of Plaintiff Kroy IP Holdings, LLC's First Set of Interrogatories to Defendant Groupon, Inc.; and Plaintiff Kroy IP Holdings, LLC's First Set of Requests for Production of Documents to Defendant Groupon, Inc. filed by Kroy IP Holdings, LLC.(O'Byrne, Stephanie)
November 28, 2018 Filing 51 ORAL ORDER: This matter has been referred to Chief Magistrate Judge Mary Pat Thynge for ADR. Counsel are to advise on or before Wednesday, December 12, 2018, by email to Judge Thynge, with a copy to her Judicial Administrator, Ms. Kennedy, as well as opposing counsel, their clients interest in mediation and the timing when mediation is preferred with a very brief explanation why. Ordered by Chief Magistrate Judge Mary Pat Thynge on 11/28/18. (cak)
November 28, 2018 CASE REFERRED to Chief Magistrate Judge Mary Pat Thynge 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 (cak)
November 27, 2018 Filing 50 SCHEDULING ORDER: Case referred to the Magistrate Judge for the purpose of exploring ADR. Joinder of Parties due by 3/20/2019. Amended Pleadings due by 3/20/2019. Fact Discovery completed by 1/15/2020. Opening Expert Reports due by 2/19/2020. Rebuttal Expert Reports due by 3/18/2020. Reply Expert Reports due by 4/15/2020. Expert Discovery due by 5/13/2020. Dispositive Motions due by 6/10/2020. Claim Construction Opening Brief served by 7/17/2019. Claim Construction Answering Brief served by 8/7/2019. Claim Construction Reply Brief served by 8/21/2019. Claim Construction Surreply Brief served by 9/4/2019. Joint Claim Construction Brief filed by 9/11/2019. A Markman Hearing is set for 10/2/2019 at 09:00 AM in Courtroom 4A before Judge Maryellen Noreika. A Pretrial Conference is set for 11/16/2020 at 09:00 AM in Courtroom 4A before Judge Maryellen Noreika. A 5-day Jury Trial is set for 11/30/2020 at 09:30 AM in Courtroom 4A before Judge Maryellen Noreika. SEE ORDER FOR FURTHER DETAILS. Signed by Judge Maryellen Noreika on 11/27/2018. (dlw)
November 26, 2018 Filing 49 PROPOSED ORDER [Scheduling Order] by Kroy IP Holdings, LLC. (O'Byrne, Stephanie)
November 15, 2018 Filing 48 ORAL ORDER - Having reviewed the parties' Proposed Scheduling Order #47 , IT IS HEREBY ORDERED THAT: Defendant's proposed paragraph 7--Early Dispositive Motion is DENIED. The Court sets the following dates: Paragraph 8(b)--2/15/2019, 8(c)--3/29/2019, 8(d)--5/10/2019, 8(e)--10/2/2019, 8(f)--10/30/2019; Paragraph 9(b)--9/18/2019, 9(c)--25 requests for admission, 9(e)--70 hours of depositions including Rule 30(b)(1) and 30(b)(6); Paragraph 12--6/19/2019; Paragraphs 13 and 15--the Court adopts Defendant's proposed dates. The Claim Construction hearing will be held on 10/2/2019 at 9:00 AM. The pretrial conference will be held on 11/16/2020 at 9:00 AM. The 5-day jury trial will be held on 11/30/2020. The parties shall submit a revised scheduling order on or before 11/26/2018. ORDERED by Judge Maryellen Noreika on 11/15/2018. (dlw)
November 13, 2018 Filing 47 Letter to The Honorable Maryellen Noreika from Stephanie E. O'Byrne, Esquire regarding enclosure of the Proposed Scheduling Order and identifying the parties' disputes - re 40 Oral Order,,, #46 Proposed Order. (O'Byrne, Stephanie)
November 13, 2018 Filing 46 PROPOSED ORDER [Scheduling Order] by Kroy IP Holdings, LLC. (O'Byrne, Stephanie)
November 6, 2018 Filing 45 Letter to The Honorable Maryellen Noreika from Andrew C. Mayo regarding materials related to Kroy's Objections pursuant to Fed. R. Civ. P. 72. (Mayo, Andrew)
November 6, 2018 Filing 44 RESPONSE TO OBJECTIONS by Groupon, Inc. re #41 Objection to Report and Recommendations . (Mayo, Andrew)
November 1, 2018 Filing 43 ORDER ADOPTING #39 REPORT AND RECOMMENDATION as to the Motion to Transfer #17 and Motion for Stay #26 . The Motion to Transfer and Motion for Stay are DENIED. The Court will address the Motion to Dismiss #10 in due course. Signed by Judge Maryellen Noreika on 11/1/2018. (dlw)
October 26, 2018 Filing 42 Letter to The Honorable Maryellen Noreika from Stephanie E. O'Byrne, Esquire regarding Docket Items related to Objections pursuant to Fed. R. Civ. P. 72 - re #39 REPORT AND RECOMMENDATIONS re #17 MOTION to Transfer Case to the Northern District of California , #10 MOTION to Dismiss for Failure to State a Claim , #26 MOTION for Stay of Decision Pending Jurisdictional and Venue-Related Discovery, #41 Objection to Report and Recommendations. (O'Byrne, Stephanie) Modified on 10/26/2018 (dlw).
October 23, 2018 Filing 41 OBJECTION to #39 Report and Recommendations by Kroy IP Holdings, LLC. (Attachments: #1 Certificate of Compliance)(O'Byrne, Stephanie)
October 12, 2018 Filing 40 ORAL ORDER: IT IS HEREBY ORDERED that the parties shall confer regarding proposed dates in the scheduling order and shall submit a proposed order, including a proposal for the length and timing of trial, to the Court no later than thirty (30) days from the date of this Order. The parties are to use the Court's form scheduling order, which is posted at http://www.ded.uscourts.gov (see Chambers, Judge Noreika, Forms). If there are disputes or issues that the Court needs to address in the proposed scheduling order, the parties shall direct the Court to the paragraph numbers in which those appear in a cover letter to the Court. IT IS HEREBY FURTHER ORDERED that the referral put in place by D.I. 13 is hereby WITHDRAWN. ORDERED by Judge Maryellen Noreika on 10/12/2018. (dlw)
October 9, 2018 Filing 39 REPORT AND RECOMMENDATIONS re #17 MOTION to Transfer, #10 MOTION to Dismiss, #26 MOTION to Stay. 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 10/23/2018. Signed by Judge Sherry R. Fallon on 10/9/2018. (lih)
October 9, 2018 Filing 38 Letter to The Honorable Maryellen Noreika from Stephanie E. O'Byrne, Esquire regarding case status. (O'Byrne, Stephanie)
September 12, 2018 ORAL ORDER- IT IS HEREBY ORDERED that: the rule 16 scheduling conference set in this matter for 10/1/2018 before Judge Fallon is CANCELLED. Ordered by Judge Sherry R. Fallon on 9/12/2018. (lih)
August 27, 2018 Case Reassigned to Judge Maryellen Noreika. Please include the initials of the Judge (MN) after the case number on all documents filed. (rjb)
July 24, 2018 Oral Order Setting Rule 16 Scheduling Conference: IT IS HEREBY ORDERED that: (1) a Scheduling Conference pursuant to Fed. R. Civ. P. 16(b) is set for 10/1/2018 at 10:00 AM in Courtroom 6C before Judge Sherry R. Fallon. (2) The parties are required to prepare for the conference by conferring on all matters under Rule 16 and D. Del. LR 16 and shall submit a proposed Scheduling Order to the Court no later than 9/26/2018. The Court's form of scheduling order is posted at http://www.ded.uscourts.gov (see Chambers, Judge Fallon, Forms). If the parties have any suggestions or modifications to the standard Scheduling Order, they may be included in the proposed order for consideration by the Court. (3) If any disputed issue exists regarding the proposed Scheduling Order, it shall be noted therein, along with the parties proposed language on the issue for consideration by the Court. Ordered by Judge Sherry R. Fallon on 7/24/2018. (lih)
July 23, 2018 Filing 37 Letter to The Honorable Sherry R. Fallon from Stephanie E. O'Byrne, Esquire regarding request for a scheduling conference. (O'Byrne, Stephanie)
May 22, 2018 Minute Entry for proceedings held before Judge Sherry R. Fallon - Oral Argument held on 5/22/2018 re #17 MOTION to Transfer, #10 MOTION to Dismiss, #26 MOTION to Stay (Court Reporter V. Gunning.) (lih)
April 24, 2018 ORAL ORDER- The court shall hear argument re #17 MOTION to Transfer Case and #26 MOTION to Stay during the oral argument previously set in this matter for 5/22/2018. Counsel shall collectively have two hours to present argument on the three motions. Ordered by Judge Sherry R. Fallon on 4/24/2018. (lih)
April 23, 2018 Filing 36 Letter to The Honorable Sherry R. Fallon from Andrew C. Mayo regarding Request for Oral Argument. (Mayo, Andrew)
April 16, 2018 Filing 35 DECLARATION of Rodney R. Miller re #34 Reply Brief by Kroy IP Holdings, LLC. (Attachments: #1 Exhibit 1-3)(Moore, David) Modified on 4/17/2018 (lih).
April 16, 2018 Filing 34 REPLY BRIEF re #26 MOTION to Stay filed by Kroy IP Holdings, LLC. (Moore, David) Modified on 4/17/2018 (lih).
April 9, 2018 SO ORDERED- re #33 STIPULATION TO EXTEND TIME. Set Briefing Schedule: re #26 MOTION to Stay. (Reply Brief due 4/16/2018.) Signed by Judge Sherry R. Fallon on 4/9/2018. (lih)
April 6, 2018 Filing 33 STIPULATION TO EXTEND TIME for Plaintiff to file its reply in support of its Motion for Stay of Decision Pending Jurisdictional and Venue-Related Discovery (D.I. 26) to April 16, 2018 - filed by Kroy IP Holdings, LLC. (O'Byrne, Stephanie)
April 3, 2018 SO ORDERED- re #32 STIPULATION TO EXTEND TIME. Set Briefing Schedule: re #26 MOTION to Stay. (Reply Brief due 4/9/2018.) Signed by Judge Sherry R. Fallon on 4/3/2018. (lih)
April 2, 2018 Filing 32 STIPULATION TO EXTEND TIME for Plaintiff to file its reply in support of its Motion for Stay of Decision Pending Jurisdictional and Venue-Related Discovery to April 9, 2018 - filed by Kroy IP Holdings, LLC. (O'Byrne, Stephanie)
March 26, 2018 Filing 31 BRIEF (Combined Answering and Reply) re #26 MOTION to Stay, #17 MOTION to Transfer Case to the Northern District of California filed by Groupon, Inc..Reply Brief due date per Local Rules is 4/2/2018. (Mayo, Andrew) Modified on 3/27/2018 (lih).
March 13, 2018 SO ORDERED- re #30 STIPULATION TO EXTEND TIME. Set Briefing Schedule: re #17 MOTION to Transfer Case, #26 MOTION to Stay. (Answering Brief due 3/26/2018., Reply Brief due 3/26/2018.) Signed by Judge Sherry R. Fallon on 3/13/2018. (lih)
March 12, 2018 Filing 30 STIPULATED BRIEFING SCHEDULE- filed by Groupon, Inc.. (Mayo, Andrew) Modified on 3/13/2018 (lih).
March 5, 2018 Filing 29 DECLARATION of Jonathan K. Waldrop re #27 Brief (Combined Opening and Answering) by Kroy IP Holdings, LLC. (Attachments: #1 Exhibit 1-49)(Moore, David) Modified on 3/6/2018 (lih).
March 5, 2018 Filing 28 DECLARATION of Keith Machen re #27 Brief (Combined Opening and Answering by Kroy IP Holdings, LLC. (Moore, David) Modified on 3/6/2018 (lih).
March 5, 2018 Filing 27 BRIEF (Combined Opening and Answering) re #26 MOTION to Stay, #17 MOTION to Transfer Case to the Northern District of California filed by Kroy IP Holdings, LLC.Answering Brief/Response due date per Local Rules is 3/19/2018. Reply Brief due date per Local Rules is 3/12/2018. (Moore, David) Modified on 3/6/2018 (lih).
March 5, 2018 Filing 26 MOTION for Stay of Decision Pending Jurisdictional and Venue-Related Discovery - filed by Kroy IP Holdings, LLC. (Attachments: #1 Text of Proposed Order)Motions referred to Sherry R. Fallon.(Moore, David) Modified on 3/6/2018 (lih).
March 2, 2018 ORAL ORDER- The court shall hear oral argument re #10 MOTION to Dismiss on 5/22/2018 at 02:00 PM in Courtroom 6C before Judge Sherry R. Fallon. Counsel shall collectively have one hour to present argument. Ordered by Judge Sherry R. Fallon on 3/2/2018. (lih)
February 26, 2018 SO ORDERED- re #24 STIPULATION TO EXTEND TIME. Set Briefing Schedule: re #17 MOTION to Transfer Case to the Northern District of California. (Answering Brief due 3/5/2018., Reply Brief due 3/16/2018.) Signed by Judge Sherry R. Fallon on 2/23/2018. (lih)
February 23, 2018 Filing 25 REQUEST for Oral Argument by Kroy IP Holdings, LLC re #10 MOTION to Dismiss for Failure to State a Claim . (O'Byrne, Stephanie)
February 21, 2018 Filing 24 STIPULATION TO EXTEND TIME for Plaintiff Kroy IP Holdings, LLC to respond to Defendant Groupon, Inc.'s Motion to Transfer and for Defendant Groupon Inc. to file its reply brief to March 5, 2018 and March 16, 2018, respectfully - filed by Kroy IP Holdings, LLC. (O'Byrne, Stephanie)
February 21, 2018 Filing 23 SUR-REPLY BRIEF re #10 MOTION to Dismiss filed by Kroy IP Holdings, LLC. (lih)
February 21, 2018 SO ORDERED- re #22 Stipulation. Signed by Judge Sherry R. Fallon on 2/21/2018. (lih)
February 21, 2018 CORRECTING ENTRY: The stipulation previously filed as D.I. 24 has been deleted due to having the incorrect case caption. Counsel shall file a revised version of the document with the correct case caption. (lih)
February 19, 2018 Filing 22 STIPULATION and Order to File Surreply re #16 Reply Brief by Kroy IP Holdings, LLC. (Attachments: #1 Exhibit 1 (Surreply))(O'Byrne, Stephanie)
February 12, 2018 Filing 21 DECLARATION of Lorna Jones re #18 Opening Brief in Support by Groupon, Inc.. (Mayo, Andrew) Modified on 2/13/2018 (lih).
February 12, 2018 Filing 20 DECLARATION of Peter Mannix re #18 Opening Brief in Support by Groupon, Inc.. (Mayo, Andrew) Modified on 2/13/2018 (lih).
February 12, 2018 Filing 19 DECLARATION of Tron Y. Fu re #18 Opening Brief in Support by Groupon, Inc.. (Mayo, Andrew) Modified on 2/13/2018 (lih).
February 12, 2018 Filing 18 OPENING BRIEF in Support re #17 MOTION to Transfer Case to the Northern District of California filed by Groupon, Inc..Answering Brief/Response due date per Local Rules is 2/26/2018. (Mayo, Andrew)
February 12, 2018 Filing 17 MOTION to Transfer Case to the Northern District of California - filed by Groupon, Inc.. (Attachments: #1 Certification Pursuant to Local Rule 7.1.1, #2 Text of Proposed Order)Motions referred to Sherry R. Fallon.(Mayo, Andrew)
January 30, 2018 Filing 16 REPLY BRIEF re #10 MOTION to Dismiss for Failure to State a Claim filed by Groupon, Inc.. (Mayo, Andrew)
January 25, 2018 SO ORDERED- re #15 STIPULATION TO EXTEND TIME. Set Briefing Schedule: re #10 MOTION to Dismiss for Failure to State a Claim . (Reply Brief due 1/30/2018.) Signed by Judge Sherry R. Fallon on 1/25/2018. (lih)
January 24, 2018 Filing 15 STIPULATION TO EXTEND TIME by which defendant must file a reply brief in support of its Motion to Dismiss (D.I. 10) to January 30, 2018 - filed by Groupon, Inc.. (Mayo, Andrew)
January 18, 2018 Filing 14 ANSWERING BRIEF in Opposition re #10 MOTION to Dismiss for Failure to State a Claim filed by Kroy IP Holdings, LLC.Reply Brief due date per Local Rules is 1/25/2018. (Palapura, Bindu)
December 20, 2017 Filing 13 ORAL ORDER - Pursuant to the filing of this case, the Court issues the following order: This case shall be immediately referred to Magistrate Judge Sherry R. Fallon. Magistrate Judge Fallon shall issue a scheduling order when appropriate. Magistrate Judge Fallon shall handle all dispositive and nondispositive matters on all issues, including claim construction, except for summary judgments, Daubert motions and pretrial motions in limine. On all dispositive matters, the magistrate judge shall issue a report and recommendation. The parties have the right to file objections to the report and recommendation, or in the case of nondispositive matters, file an appeal of the magistrate judge's order, and the same shall be decided by the undersigned. The magistrate judge shall likewise handle all discovery matters, scheduling, and pretrial conferences. If the parties believe the magistrate judge has a conflict of interest with this case, the parties shall so notify the Court. IT IS SO ORDERED. Signed by Judge Joseph F. Bataillon on 12/20/2017. (Lawrence, Tiwauna)
December 19, 2017 CASE REFERRED to Magistrate Judge Sherry R. Fallon. Motions referred to Sherry R. Fallon.(rjb)
December 19, 2017 Case Reassigned to Judge Joseph F. Bataillon of the District of Nebraska (in lieu of Vacant Judgeship). Please include the initials of the Judge (JFB) after the case number on all documents filed. (rjb)
December 18, 2017 Filing 12 STIPULATION TO EXTEND TIME for Plaintiff to respond to Defendant's Motion to Dismiss to January 18, 2018 - filed by Kroy IP Holdings, LLC. (O'Byrne, Stephanie)
December 18, 2017 SO ORDERED D.I. #12 STIPULATION TO EXTEND TIME for Plaintiff to respond to Defendant's Motion to Dismiss to January 18, 2018 filed by Kroy IP Holdings, LLC. Ordered by Judge Christopher J. Burke on 12/18/2017. (dlb)
December 14, 2017 Filing 11 OPENING BRIEF in Support re #10 MOTION to Dismiss for Failure to State a Claim filed by Groupon, Inc..Answering Brief/Response due date per Local Rules is 12/28/2017. (Mayo, Andrew)
December 14, 2017 Filing 10 MOTION to Dismiss for Failure to State a Claim - filed by Groupon, Inc.. (Attachments: #1 Text of Proposed Order)Motions referred to Christopher J. Burke.(Mayo, Andrew)
November 29, 2017 SO ORDERED D.I. #9 Stipulation to Extend the Deadline by Which Defendant Must Respond to the Complaint filed by Groupon, Inc. Ordered by Judge Christopher J. Burke on 11/29/2017. (dlb)
November 28, 2017 Filing 9 STIPULATION Seeking to Extend the Deadline by Which Defendant Must Respond to the Complaint, by Groupon, Inc.. (Balick, Steven)
November 27, 2017 Pro Hac Vice Attorney Tron Y. Fu for Groupon, 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. (crb)
November 27, 2017 Pro Hac Vice Attorney Thomas L. Duston for Groupon, 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. (crb)
November 7, 2017 Pro Hac Vice Attorney Jack Shaw,John W. Downing,Hershy Stern,Marcus A. Barber,Rodney R. Miller,Darcy L. Jones,Jonathan K. Waldrop,Heather S. Kim for Kroy IP Holdings, 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. (crb)
November 3, 2017 SO ORDERED D.I. #8 MOTION for Pro Hac Vice Appearance of Attorney Thomas L. Duston and Tron Y. Fu filed by Groupon, Inc.. Ordered by Judge Christopher J. Burke on 11/3/2017. (dlb)
October 31, 2017 Filing 8 MOTION for Pro Hac Vice Appearance of Attorney Thomas L. Duston and Tron Y. Fu - filed by Groupon, Inc.. Motions referred to Christopher J. Burke.(Mayo, Andrew)
October 31, 2017 SO ORDERED D.I. #7 MOTION for Pro Hac Vice Appearance of Attorney Jonathan K. Waldrop, Darcy L. Jones, Marcus A. Barber, John W. Downing, Heather S. Kim, Jack Shaw, Hershy Stern and Rodney R. Miller of Kasowitz Benson Torres LLP filed by Kroy IP Holdings, LLC. Ordered by Judge Christopher J. Burke on 10/31/2017. (dlb)
October 26, 2017 Filing 7 MOTION for Pro Hac Vice Appearance of Attorney Jonathan K. Waldrop, Darcy L. Jones, Marcus A. Barber, John W. Downing, Heather S. Kim, Jack Shaw, Hershy Stern and Rodney R. Miller of Kasowitz Benson Torres LLP - filed by Kroy IP Holdings, LLC. Motions referred to Christopher J. Burke.(O'Byrne, Stephanie)
October 25, 2017 Filing 6 STIPULATION TO EXTEND TIME to Respond to the Complaint to November 30, 2017 - filed by Groupon, Inc.. (Mayo, Andrew)
October 25, 2017 SO ORDERED D.I. #6 STIPULATION TO EXTEND TIME to Respond to the Complaint to November 30, 2017 filed by Groupon, Inc. Ordered by Judge Christopher J. Burke on 10/25/2017. (dlb)
October 12, 2017 REMARK: The parties should be aware that the Court encourages the participation of newer attorneys in courtroom proceedings and at oral argument. Please see the Court's Standing Order Regarding Courtroom Opportunities for Newer Attorneys, a link to which is provided here for the parties' convenience:#http://www.ded.uscourts.gov/sites/default/files/forms/StandingOrder2017.pdf (dlb)
October 12, 2017 REMARK: If the parties jointly consent to have a Magistrate Judge conduct all proceedings in this case, including trial, then when Judge Burke enters a case schedule he will enter the respective pre-trial conference and trial dates onto his calendar and will honor them. Otherwise, in accordance with the District Court's procedures for "Assignment of Cases to Visiting Judges" (issued on May 26, 2017 and available on the District Court's website), then upon the filing of a case-dispositive motion (e.g., a motion to dismiss, a motion for judgment on the pleadings, a motion for summary judgment, or initiation of the claim construction process in a patent case), VAC cases will be considered ready for reassignment to a visiting District Judge. Whether the pre-trial conference and trial dates will stand after reassignment will depend on the availability of those dates on the visiting District Judge's calendar. (dlb)
October 11, 2017 CASE REFERRED to Magistrate Judge Christopher J. Burke. (This matter has been assigned to the Vacant Judgeship and referred to a Magistrate Judge for handling through case-dispositive motions. The Magistrate Judge has full authority permitted by law to manage this matter, including entering schedules through trial, deciding non-dispositive matters and making recommendations as to the resolution of dispositive matters. Litigants and counsel are reminded that they have the option of consenting to the Magistrate Judge to handle the case in full, including trial, or consenting to having a particular motion resolved by the Magistrate Judge.) (bkb)
October 11, 2017 Case Assigned to Vacant Judgeship (2017). Please include initials of VAC after the case number on all documents filed. (bkb)
October 11, 2017 Filing 5 SUMMONS Returned Executed by Kroy IP Holdings, LLC. Groupon, Inc. served on 10/10/2017, answer due 10/31/2017. (Moore, David)
October 10, 2017 Summons Issued with Magistrate Consent Notice attached as to Groupon, Inc. on 10/10/2017. 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. (jcs)
October 6, 2017 Filing 4 Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Kroy IP Holdings, LLC. (jcs)
October 6, 2017 Filing 3 Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 6,061,660. (jcs)
October 6, 2017 Filing 2 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (jcs)
October 6, 2017 Filing 1 COMPLAINT FOR PATENT INFRINGEMENT filed with Jury Demand against Groupon, Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number 0311-2239930.) - filed by Kroy IP Holdings, LLC. (Attachments: #1 Exhibit 1-3, #2 Civil Cover Sheet)(jcs)

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Search for this case: Kroy IP Holdings, LLC v. Groupon, Inc.
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Defendant: Groupon, Inc.
Represented By: Tron Y. Fu
Represented By: Tiffany D. Gehrke
Represented By: Thomas L. Duston
Represented By: Andrew Colin Mayo
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Plaintiff: Kroy IP Holdings, LLC
Represented By: Stephanie E. O'Byrne
Represented By: David Ellis Moore
Represented By: Bindu Ann George Palapura
Represented By: Jack Shaw
Represented By: Marcus A. Barber
Represented By: Darcy L. Jones
Represented By: Heather S. Kim
Represented By: Hershy Stern
Represented By: Jonathan K. Waldrop
Represented By: John W. Downing
Represented By: Rodney R. Miller
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