Realtime Adaptive Streaming LLC v. Netflix, Inc., et al.,
Realtime Adaptive Streaming LLC |
Netflix, Inc. and Netflix Streaming Services, Inc. |
1:2017cv01692 |
November 21, 2017 |
US District Court for the District of Delaware |
Wilmington Office |
XX US, Outside State |
Vacant Judgeship (2017) |
Colm F Connolly |
Sherry R Fallon |
Mary Pat Thynge |
Patent |
35 U.S.C. § 271 |
Plaintiff |
Docket Report
This docket was last retrieved on January 9, 2019. A more recent docket listing may be available from PACER.
Document Text |
---|
Filing 50 RESPONSE TO OBJECTIONS by Netflix Streaming Services, Inc., Netflix, Inc. re #49 Objection to Report and Recommendations . (Blumenfeld, Jack) |
Filing 49 OBJECTION to #48 Report and Recommendations by Realtime Adaptive Streaming LLC. (Brauerman, Stephen) Modified on 12/27/2018 (lih). |
Filing 48 REPORT AND RECOMMENDATIONS- re #11 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 47 NOTICE of Supplemental Authority in Support of Motion to Dismiss by Netflix Streaming Services, Inc., Netflix, Inc. re #11 MOTION to Dismiss for Failure to State a Claim (Attachments: #1 Exhibit 1)(Blumenfeld, Jack) |
|
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 two copies of D.I. #45 . (lih) |
Filing 45 NOTICE of Supplemental Authority re #11 MOTION to Dismiss for Failure to State a Claim by Realtime Adaptive Streaming LLC (Attachments: #1 Exhibit 1)(Brauerman, Stephen) Modified on 11/8/2018 (lih). |
Filing 44 REPORT AND RECOMMENDATIONS- re #20 MOTION to Transfer Case to Northern District of California. 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 10/26/2018. Signed by Judge Sherry R. Fallon on 10/12/2018. (lih) |
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 43 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) |
|
Filing 42 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 41 Letter to The Honorable Sherry R. Fallon from Jack B. Blumenfeld regarding Exhibit B to Opening Brief - re #13 Opening Brief in Support. (Attachments: #1 Exhibit B)(Blumenfeld, Jack) |
Filing 40 Letter to The Honorable Sherry R. Fallon regarding joint agenda for October 2, 2018 oral argument. (Blumenfeld, Jack) Modified on 9/26/2018 (lih). |
Pro Hac Vice Attorney Dargaye Churnet, Todd R. Gregorian, J. David Hadden, Earl W. Mah, Sapna S. Mehta, Ravi R. Ranganath, and Saina S. Shamilov for Netflix Streaming Services, Inc. and Netflix, 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) |
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 39 MOTION for Pro Hac Vice Appearance of Attorney J. David Hadden, Saina S. Shamilov, Ravi Ranganath, Todd R. Gregorian, Dargaye Churnet, Earl W. Mah and Sapna S. Mehta of FENWICK & WEST LLP - filed by Netflix Streaming Services, Inc., Netflix, Inc.. Motions referred to Sherry R. Fallon.(Blumenfeld, Jack) |
|
Filing 38 Joint STATUS REPORT by Realtime Adaptive Streaming LLC. (Brauerman, Stephen) |
|
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) |
|
|
Filing 36 NOTICE of Withdrawal of Appearance by Netflix Streaming Services, Inc., Netflix, Inc. (Phillips, John) |
Filing 35 Letter to The Honorable Sherry R. Fallon from John C. Phillips, Jr. regarding Notice of Withdrawal of Winston & Strawn LLP. (Attachments: #1 Exhibit 1)(Phillips, John) |
Filing 34 Letter to The Honorable Sherry R. Fallon from John C. Phillips, Jr. regarding Withdrawal of Winston & Strawn LLP. (Attachments: #1 Exhibit 1)(Phillips, John) |
Filing 33 REPLY BRIEF re #20 MOTION to Transfer Case to Northern District of California filed by Netflix Streaming Services, Inc., Netflix, Inc.. (Blumenfeld, Jack) |
|
Filing 32 STIPULATION TO EXTEND TIME for defendants to file their reply brief in support of their motion to transfer venue to June 12, 2018 - filed by Netflix Streaming Services, Inc., Netflix, Inc.. (Blumenfeld, Jack) |
CORRECTING ENTRY: Docket clerk has deleted the stipulation to extend time due to the document having the wrong case caption. Counsel is advised to file a revised version of the document with the correct case caption. (lih) |
Filing 31 DECLARATION of Richard G. Tashjian re #29 Answering Brief in Opposition by Realtime Adaptive Streaming LLC. (Brauerman, Stephen) Modified on 5/30/2018 (lih). |
Filing 30 DECLARATION of C. Jay Chung re #29 Answering Brief in Opposition by Realtime Adaptive Streaming LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11)(Brauerman, Stephen) Modified on 5/30/2018 (lih). |
Filing 29 ANSWERING BRIEF in Opposition re #20 MOTION to Transfer Case to Northern District of California filed by Realtime Adaptive Streaming LLC.Reply Brief due date per Local Rules is 6/5/2018. (Brauerman, Stephen) |
CORRECTING ENTRY: Docket clerk has deleted the revised redacted version of D.I. #26 previously filed as D.I. 29 and replaced the original version of D.I. #26 with the revised version. (lih) |
|
Filing 28 STIPULATION TO EXTEND TIME for Plaintiff to Respond to Defendants' Motion to Transfer Case to Northern District of California to May 29, 2018 - filed by Realtime Adaptive Streaming LLC. (Brauerman, Stephen) |
|
|
Filing 27 Letter to The Honorable Sherry R. Fallon from Stephen B. Brauerman regarding Postponement of the May 23, 2018 Hearing. (Brauerman, Stephen) |
Filing 26 REDACTED VERSION of #23 Declaration by Netflix Streaming Services, Inc., Netflix, Inc.. (Blumenfeld, Jack) (Main Document 26 replaced on 5/17/2018) (lih). |
Filing 25 REDACTED VERSION of #22 Declaration by Netflix Streaming Services, Inc., Netflix, Inc.. (Attachments: #1 Exhibit A - W)(Blumenfeld, Jack) |
Filing 24 REDACTED VERSION of #21 Opening Brief in Support, by Netflix Streaming Services, Inc., Netflix, Inc.. (Blumenfeld, Jack) |
Filing 23 [SEALED] DECLARATION of Elena Garnica re #20 MOTION to Transfer Case to Northern District of California by Netflix Streaming Services, Inc., Netflix, Inc.. (Blumenfeld, Jack) Modified on 5/2/2018 (lih). |
Filing 22 [SEALED] DECLARATION of James Winn re #20 MOTION to Transfer Case to Northern District of California by Netflix Streaming Services, Inc., Netflix, Inc.. (Attachments: #1 Exhibits A-W)(Blumenfeld, Jack) Modified on 5/2/2018 (lih). |
Filing 21 [SEALED] OPENING BRIEF in Support re #20 MOTION to Transfer Case to Northern District of California filed by Netflix Streaming Services, Inc., Netflix, Inc..Answering Brief/Response due date per Local Rules is 5/15/2018. (Blumenfeld, Jack) |
Filing 20 MOTION to Transfer Case to Northern District of California - filed by Netflix Streaming Services, Inc., Netflix, Inc.. Motions referred to Sherry R. Fallon.(Blumenfeld, Jack) |
SECOND 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. #23 . Associated Cases: 1:17-cv-01519-JFB-SRF, 1:17-cv-01692-JFB-SRF(lih) |
Filing 19 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) |
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 two copies of D.I. #23 . Associated Cases: 1:17-cv-01519-JFB-SRF, 1:17-cv-01692-JFB-SRF(lih) |
Filing 18 NOTICE of Supplemental Authority by Realtime Adaptive Streaming LLC re (11 in 1:17-cv-01692-JFB-SRF) MOTION to Dismiss for Failure to State a Claim , (15 in 1:17-cv-01519-JFB-SRF) MOTION to Dismiss for Failure to State a Claim (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Brauerman, Stephen) |
Pro Hac Vice Attorney Matthew R. McCullough, Katherine K. Vidal, and Andrew B. Grossman for Netflix, 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 17 MOTION for Pro Hac Vice Appearance of Attorney Andrew B. Grossman, Katherine Vidal and Matthew R. McCullough of WINSTON & STRAWN LLP - filed by Netflix Streaming Services, Inc., Netflix, Inc.. Motions referred to Sherry R. Fallon.(Blumenfeld, Jack) |
Filing 15 Letter to The Honorable Sherry R. Fallon from Jack B. Blumenfeld regarding request for oral argument - re #11 MOTION to Dismiss for Failure to State a Claim . (Blumenfeld, Jack) |
|
CORRECTING ENTRY: The reply brief previously filed as D.I. 15 has been deleted and revised version of the document will be filed by counsel at a later time. (lih) |
Filing 16 REPLY BRIEF re #11 MOTION to Dismiss for Failure to State a Claim filed by Netflix Streaming Services, Inc., Netflix, Inc.. (Blumenfeld, Jack) Modified on 2/28/2018 (lih). |
CORRECTING ENTRY: The exhibits previously filed separately as D.I. 15 have been deleted and attached to D.I. #14 . (lih) |
Filing 14 ANSWERING BRIEF in Opposition re #11 MOTION to Dismiss for Failure to State a Claim filed by Realtime Adaptive Streaming LLC.Reply Brief due date per Local Rules is 2/27/2018. (Brauerman, Stephen) Modified on 2/21/2018 (lih). (Additional attachment(s) added on 2/21/2018: #1 Exhibit) (lih). |
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 two copies of D.I. #11 . (lih) |
Pro Hac Vice Attorney Reza Mirzaie 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. (ceg) |
Pro Hac Vice Attorney Brian Ledahl,Jay C. Chung,Marc A. Fenster,Philip X. Wang 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) |
Filing 13 OPENING BRIEF in Support re #11 MOTION to Dismiss for Failure to State a Claim filed by Netflix Streaming Services, Inc., Netflix, Inc..Answering Brief/Response due date per Local Rules is 2/20/2018. (Blumenfeld, Jack) |
Filing 12 Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Netflix Streaming Services, Inc., Netflix, Inc.. (Blumenfeld, Jack) |
Filing 11 MOTION to Dismiss for Failure to State a Claim - filed by Netflix Streaming Services, Inc., Netflix, Inc.. Motions referred to Sherry R. Fallon.(Blumenfeld, Jack) |
|
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) |
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) |
|
Filing 9 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 7 STIPULATION TO EXTEND TIME for the defendants to move, answer, or otherwise respond to the Complaint to February 5, 2018 - filed by Netflix Streaming Services, Inc., Netflix, Inc.. (Blumenfeld, Jack) |
Filing 6 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 Marc A. Fenster), #2 (Certification of Reza Mirzaie), #3 (Certification of Brian D. Ledahl), #4 (Certification of C. Jay Chung), #5 (Certification of Philip X. Wang))Motions referred to Mary Pat Thynge.(Brauerman, Stephen) |
|
Filing 5 SUMMONS Returned Executed by Realtime Adaptive Streaming LLC. Netflix Streaming Services, Inc. served on 11/29/2017, answer due 12/20/2017. (Brauerman, Stephen) |
Filing 4 SUMMONS Returned Executed by Realtime Adaptive Streaming LLC. Netflix, Inc. served on 11/29/2017, answer due 12/20/2017. (Brauerman, Stephen) |
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-01692-VAC-MPT, 1:17-cv-01693-VAC-MPT (rjb) |
Case Assigned to Vacant Judgeship (2017). Please include initials of VAC after the case number on all documents filed. Associated Cases: 1:17-cv-01692-VAC, 1:17-cv-01693-VAC (rjb) |
***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-01692-VAC-MPT, 1:17-cv-01693-VAC-MPT(cak) |
Summons Issued with Magistrate Consent Notice attached as to Netflix Streaming Services, Inc. on 11/22/2017; Netflix, Inc. on 11/22/2017. 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. (nmfn) |
Filing 3 Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 7,386,046; 8,634,462; 8,934,535; 9,578,298; 9,762,907; 9,769,477. (nmfn) |
Filing 2 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (nmfn) |
Filing 1 COMPLAINT FOR PATENT INFRINGEMENT filed with Jury Demand against Netflix Streaming Services, Inc., Netflix, Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number 0311-2270706.) - 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 Civil Cover Sheet)(nmfn) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Delaware District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.