Realtime Adaptive Streaming LLC v. Haivision Network Video Inc.
Realtime Adaptive Streaming LLC |
Haivision Network Video Corp., Haivision Network Video Inc. and Haivision KB Inc. |
1:2017cv01520 |
October 26, 2017 |
US District Court for the District of Delaware |
Wilmington Office |
XX US, Outside State |
Colm F Connolly |
Sherry R Fallon |
Patent |
35 U.S.C. § 271 |
Plaintiff |
Docket Report
This docket was last retrieved on June 26, 2019. A more recent docket listing may be available from PACER.
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Filing 45 OPENING BRIEF in Support re #44 MOTION for Leave to File Amended Complaint filed by Realtime Adaptive Streaming LLC.Answering Brief/Response due date per Local Rules is 7/10/2019. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Brauerman, Stephen) Modified on 6/27/2019 (lih). |
Filing 44 MOTION for Leave to File Amended Complaint - filed by Realtime Adaptive Streaming LLC. (Attachments: #1 Proposed Order)Motions referred to Sherry R. Fallon.(Brauerman, Stephen) Modified on 6/27/2019 (lih). |
Filing 43 RESPONSE TO OBJECTIONS by Haivision Network Video Inc. re #41 REPORT AND RECOMMENDATIONS re #23 MOTION to Dismiss for Failure to State a Claim filed by Haivision Network Video Inc.. Please note that when filing Objections pursuant to Federal Rule of Civil Procedure 72(b)(2), briefing consists solel . (Schladweiler, Benjamin) |
Filing 42 OBJECTION to #41 Report and Recommendations by Realtime Adaptive Streaming LLC. (Brauerman, Stephen) Modified on 12/27/2018 (lih). |
Filing 41 REPORT AND RECOMMENDATIONS- re #23 MOTION to Dismiss. 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 12/26/2018. Signed by Judge Sherry R. Fallon on 12/12/2018. (lih) |
Filing 40 NOTICE of Supplemental Authority Re: Defendants' Motions to Dismiss by Realtime Adaptive Streaming LLC (Attachments: #1 Exhibit 1)(Brauerman, Stephen) |
Pro Hac Vice Attorney Paul A. Kroeger for Realtime Adaptive Streaming 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. Associated Cases: 1:17-cv-01519-CFC-SRF, 1:17-cv-01520-CFC-SRF, 1:17-cv-01692-CFC-SRF, 1:17-cv-01693-CFC-SRF(ceg) |
Filing 39 MOTION for Pro Hac Vice Appearance of Attorney Paul A. Kroeger - filed by Realtime Adaptive Streaming LLC. (Attachments: #1 Certification of Paul A. Kroeger)Motions referred to Sherry R. Fallon.(Brauerman, Stephen) |
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Filing 38 Official Transcript of Oral Argument Hearing held on October 2, 2018 before Judge Sherry R. Fallon. Court Reporter Brian Gaffigan, Telephone (302) 573-6360. Transcript may be viewed at the court public terminal or 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 10/25/2018. Redacted Transcript Deadline set for 11/5/2018. Release of Transcript Restriction set for 1/2/2019. (bpg) |
Minute Entry for proceedings held before Judge Sherry R. Fallon - Oral Argument held on 10/2/2018 re (11 in 1:17-cv-01692-CFC-SRF) MOTION to Dismiss, (23 in 1:17-cv-01520-CFC-SRF) MOTION to Dismiss. (Court Reporter B. Gaffigan.) Associated Cases: 1:17-cv-01520-CFC-SRF, 1:17-cv-01692-CFC-SRF(lih) |
Filing 37 Letter to The Honorable Sherry R. Fallon regarding joint agenda for October 2, 2018 oral argument. (Blumenfeld, Jack) Modified on 9/26/2018 (lih). |
Remark: The text of the 9/12/2018 Oral Order has been modified to reflect that this case has not yet been referred for ADR. Associated Cases: 1:17-cv-01519-CFC-SRF, 1:17-cv-01520-CFC-SRF, 1:17-cv-01692-CFC-SRF, 1:17-cv-01693-CFC-SRF(nmf) |
Filing 36 NOTICE of Appearance by Benjamin J. Schladweiler on behalf of Haivision Network Video Inc. (Schladweiler, Benjamin) |
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Filing 35 Letter to The Honorable Sherry R. Fallon from Benjamin J. Schladweiler regarding Haivision's request to join in oral argument scheduled for October 2, 2018 in C.A. No. 17-1692-CFC-SRF - re #23 MOTION to Dismiss for Failure to State a Claim . (Schladweiler, Benjamin) |
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Filing 34 Joint STATUS REPORT by Realtime Adaptive Streaming LLC. (Brauerman, Stephen) |
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Case Reassigned to Judge Colm F. Connolly. Please include the initials of the Judge (CFC) after the case number on all documents filed. Associated Cases: 1:17-cv-01519-CFC-SRF, 1:17-cv-01520-CFC-SRF, 1:17-cv-01692-CFC-SRF, 1:17-cv-01693-CFC-SRF (rjb) |
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Filing 32 NOTICE of Filing Motion to Transfer Pursuant to 28 U.S.C. 1407 Before the U.S. Judicial Panel on Multidistrict Litigation by Realtime Adaptive Streaming LLC (Attachments: #1 Exhibit A)(Brauerman, Stephen) |
Filing 31 REPLY BRIEF re #23 MOTION to Dismiss for Failure to State a Claim filed by Haivision Network Video Inc.. (Attachments: #1 Exhibit A)(Margolin, Steven) |
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Filing 30 STIPULATION TO EXTEND TIME to REPLY to Plaintiff Realtime Adaptive Streaming LLC's Answering Brief in Opposition to Defendant's Motion to Dismiss to April 9, 2018 - filed by Haivision Network Video Inc.. (Margolin, Steven) |
Filing 29 NOTICE of Appearance by Samuel Lee Moultrie on behalf of Haivision Network Video Inc. (Moultrie, Samuel) |
Filing 28 ANSWERING BRIEF in Opposition re #23 MOTION to Dismiss for Failure to State a Claim filed by Realtime Adaptive Streaming LLC.Reply Brief due date per Local Rules is 4/3/2018. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Brauerman, Stephen) |
Per Notice of Voluntary Dismissal #27 , Party Haivision KB Inc. and Haivision Network Video Corp. terminated. (Brunswick, Amy) Modified on 3/15/2018 (lih). |
MOTION REFERRED: #23 MOTION to Dismiss for Failure to State a Claim Motion referred to Sherry R. Fallon.(lih) |
Filing 27 NOTICE of Voluntary Dismissal without Prejudice as to Haivision Network Video Corp. and Haivision KB Inc. by Realtime Adaptive Streaming LLC (Brauerman, Stephen) |
Filing 26 NOTICE of Withdrawal as Counsel of Record by Haivision Network Video Inc. (Stuhlman, Gregory) |
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Filing 25 STIPULATION to Extend Time to Respond to Motion to Dismiss by Realtime Adaptive Streaming LLC. (Brauerman, Stephen) Modified on 2/26/2018 (lih). |
CORRECTING ENTRY: The proposed order previously filed separately as D.I. 25 has been deleted and attached to D.I. #23 . (lih) |
Filing 24 OPENING BRIEF in Support re #23 MOTION to Dismiss for Failure to State a Claim filed by Haivision Network Video Inc..Answering Brief/Response due date per Local Rules is 3/6/2018. (Attachments: #1 Exhibit A)(Margolin, Steven) |
Filing 23 MOTION to Dismiss for Failure to State a Claim - filed by Haivision Network Video Inc.. Motions referred to Sherry R. Fallon.(Margolin, Steven) (Additional attachment(s) added on 2/21/2018: #1 Text of Proposed Order) (lih). Modified on 3/15/2018 (lih). |
Pro Hac Vice Attorney Herbert H. Finn and Howard E. Silverman for Haivision Network Video 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) |
Filing 22 SECOND AMENDED COMPLAINT against Haivision KB Inc., Haivision Network Video Corp., Haivision Network Video Inc.- filed by Realtime Adaptive Streaming LLC.(lih) |
PATENT REPORT NOTICE re #22 : Please note that if patents are being added to this case, the filing party should complete the Report to Commissioner of Patents & Trademarks, and enter it on the docket using the PATENT/TRADEMARK REPORT event in the OTHER DOCUMENT list. The patent report form can be found at www.ded.uscourts.gov under the Clerk's Office FORMS button. (lih) |
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Pro Hac Vice Attorney Sara M. Skulman for Haivision Network Video 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) |
NOTICE: Per Magistrate Judge Fallon's Standing Order Regarding Courtesy Copies, which requires two (2) courtesy copies of all briefs and two (2) copies of any other document filed in support of any briefs (i.e., appendices, exhibits, declarations, affidavits etc.), please submit to the Clerk's Office a copy of D.I. #20 . (lih) |
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Filing 20 Joint STIPULATION to Amend Complaint by Realtime Adaptive Streaming LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(Brauerman, Stephen) Modified on 2/1/2018 (lih). |
CASE REFERRED to Magistrate Judge Sherry R. Fallon. Associated Cases: 1:17-cv-01519-JFB-SRF, 1:17-cv-01520-JFB-SRF, 1:17-cv-01692-JFB-SRF, 1:17-cv-01693-JFB-SRF (rjb) |
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. Associated Cases: 1:17-cv-01519-JFB, 1:17-cv-01520-JFB, 1:17-cv-01692-JFB, 1:17-cv-01693-JFB (rjb) |
Filing 19 NOTICE of Withdrawal As Counsel of Record by Haivision Network Video Inc. (Giusini, Brittany) |
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Filing 18 MOTION for Pro Hac Vice Appearance of Attorney Herbert H. Finn, Howard E. Silverman, and Sara M. Skulman - filed by Haivision Network Video Inc.. Motions referred to Mary Pat Thynge.(Margolin, Steven) |
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Filing 17 MOTION for Pro Hac Vice Appearance of Attorney Timothy T. Hsieh - filed by Realtime Adaptive Streaming LLC. (Attachments: #1 Certification of Timothy T. Hsieh)Motions referred to Mary Pat Thynge.(Brauerman, Stephen) |
Filing 16 STIPULATION TO EXTEND TIME to ANSWER complaint to February 5, 2018 - filed by Haivision Network Video Inc.. (Giusini, Brittany) |
Filing 15 NOTICE of Appearance by Brittany M. Giusini on behalf of Haivision Network Video Inc. (Giusini, Brittany) |
Filing 14 NOTICE of Appearance by Gregory Erich Stuhlman on behalf of Haivision Network Video Inc. (Stuhlman, Gregory) |
Filing 13 NOTICE of Appearance by Steven T. Margolin on behalf of Haivision Network Video Inc. (Margolin, Steven) |
Filing 12 Alias SUMMONS Returned Executed by Realtime Adaptive Streaming LLC. Haivision KB Inc. served on 12/5/2017, answer due 12/27/2017. (Brauerman, Stephen) |
Filing 11 Alias SUMMONS Returned Executed by Realtime Adaptive Streaming LLC. Haivision Network Video Inc. served on 12/5/2017, answer due 12/27/2017. (Brauerman, Stephen) |
Pro Hac Vice Attorney Philip X. Wang,Reza Mirzaie,Brian D. Ledahl,Marc A. Fenster,C. Jay Chung for Realtime Adaptive Streaming 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) |
Alias Summons Reissued with Magistrate Consent Notice attached as to Haivision KB Inc., Haivision Network Video Inc. (lmm). |
Filing 10 First AMENDED COMPLAINT against Haivision KB Inc., Haivision Network Video Inc.- filed by Realtime Adaptive Streaming LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Patent/Trademark Report, #9 Summons Forms - Unsigned Alias Summons (Haivision Network Video Inc.), #10 Summons Forms - Unsigned Alias Summons (Haivision KB Inc.))(Brauerman, Stephen) |
Filing 9 MOTION for Extension of Time to /Unopposed Motion to Extend Time for Defendants Haivision Network Video Inc., Haivision Network Video Corp. and Haivision KB Inc. to Respond to the Complaint until December 27, 2017 - filed by Realtime Adaptive Streaming LLC. Motions referred to Mary Pat Thynge.(Brauerman, Stephen) |
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Filing 8 Alias SUMMONS Returned Executed by Realtime Adaptive Streaming LLC. Haivision KB Inc. served on 11/13/2017, answer due 12/4/2017. (Brauerman, Stephen) |
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Filing 7 MOTION for Pro Hac Vice Appearance of Attorney Marc A. Fenster, Reza Mirzaie, Brian D. Ledahl, C. Jay Chung, and Philip X. Wang - filed by Realtime Adaptive Streaming LLC. (Attachments: #1 Certification of Reza Mirzaie, #2 Certification of Marc A. Fenster, #3 Certification of Philip X. Wang, #4 Certification of Brian D. Ledahl, #5 Certification of C. Jay Chung)Motions referred to Mary Pat Thynge.(Brauerman, Stephen) |
***NOTE: If the parties jointly consent to Chief Magistrate Judge Thynges jurisdiction to conduct all proceedings in this case, then the Pretrial Conference and Trial will be presided over by Judge Thynge consistent with 28 U.S.C. 636. Otherwise, in accordance with the District Court's procedures for "Assignment of Cases to Visiting Judges" (issued May 26, 2017 and available on the District Court's website), 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 reassigned to a visiting District Judge, and any further dates in the Scheduling Order, including the Pretrial Conference and Trial dates, may be adjusted dependent on the availability of the visiting District Judge. Associated Cases: 1:17-cv-01519-VAC-MPT, 1:17-cv-01520-VAC-MPT(cak) |
Filing 6 SUMMONS Returned Executed by Realtime Adaptive Streaming LLC. Haivision KB Inc. served on 11/1/2017, answer due 11/22/2017. (Brauerman, Stephen) |
Filing 5 SUMMONS Returned Executed by Realtime Adaptive Streaming LLC. Haivision Network Video Corp. served on 11/1/2017, answer due 11/22/2017. (Brauerman, Stephen) |
Filing 4 SUMMONS Returned Executed by Realtime Adaptive Streaming LLC. Haivision Network Video Inc. served on 11/1/2017, answer due 11/22/2017. (Brauerman, Stephen) |
Case Assigned to Vacant Judgeship (2017). Please include initials of VAC after the case number on all documents filed. Associated Cases: 1:17-cv-01519-UNA, 1:17-cv-01520-UNA(bkb) |
CASE REFERRED to Magistrate Judge Mary Pat Thynge. (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.) Associated Cases: 1:17-cv-01519-VAC, 1:17-cv-01520-VAC(bkb) |
Filing 3 Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 8,934,535; 9,769,477; 8,929,442; 9,762,907; 7,386,046. (crb) |
Filing 2 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (crb) |
Filing 1 COMPLAINT FOR PATENT INFRINGEMENT filed with Jury Demand against Haivision KB Inc., Haivision Network Video Corp., Haivision Network Video Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number 0311-2253384.) - filed by Realtime Adaptive Streaming LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Civil Cover Sheet)(crb) |
Summons Issued with Magistrate Consent Notice attached as to Haivision KB Inc. on 10/26/2017; Haivision Network Video Corp. on 10/26/2017; Haivision Network Video Inc. on 10/26/2017. Requesting party or attorney should pick up issued summons at the Help Desk, Room 4209, or call 302-573-6170 and ask the Clerk to mail the summons to them. (crb) |
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