Personal Audio LLC v. Google LLC
Plaintiff: Personal Audio LLC
Defendant: Google, Inc. and Google LLC
Case Number: 1:2017cv01751
Filed: December 6, 2017
Court: US District Court for the District of Delaware
Office: Wilmington Office
County: XX US, Outside State
Presiding Judge: Vacant Judgeship (2017)
Referring Judge: Christopher J Burke
2 Judge: Colm F Connolly
Nature of Suit: Patent
Cause of Action: 35 U.S.C. ยง 271
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on March 15, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 3, 2019 Opinion or Order Filing 419 REDACTED VERSION of #411 Sealed Transcript. (dlb)
August 29, 2019 Opinion or Order Filing 418 ORDER GRANTING D.I. #416 MOTION to Redact #411 Transcript,, (Unopposed) filed by Google LLC. Signed by Judge Christopher J. Burke on 8/29/2019. (mlc)
August 13, 2019 Opinion or Order Filing 417 REDACTED VERSION of #416 MOTION to Redact #411 Transcript,, (Unopposed) by Google LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(Egan, Brian)
August 8, 2019 Opinion or Order Filing 416 [SEALED] MOTION to Redact #411 Transcript,, (Unopposed) - filed by Google LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)Motions referred to Christopher J. Burke.(Egan, Brian)
July 30, 2019 Opinion or Order Filing 415 NOTICE of Intent to Request Redaction by Brian P. Egan re #411 Transcript,, (Egan, Brian)
July 24, 2019 Opinion or Order Filing 414 RESPONSE TO OBJECTIONS by Personal Audio LLC re #409 Objections, . (Farnan, Michael)
July 24, 2019 Opinion or Order Filing 413 RESPONSE TO OBJECTIONS by Google LLC re #408 Objection to Report and Recommendations Concerning Claim Construction. (Egan, Brian)
July 12, 2019 Opinion or Order Filing 412 NOTICE OF SERVICE of Google's Second Supplemental Responses and Objections to Plaintiff's Interrogatories (Nos. 1-18) filed by Google LLC.(Egan, Brian)
July 8, 2019 Opinion or Order Filing 411 Official Transcript of Discovery Conference held on 02/04/19 before Judge Christopher J. Burke. Court Reporter/Transcriber Jennifer Guy,Telephone number 484-46704359. 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 7/29/2019. Redacted Transcript Deadline set for 8/8/2019. Release of Transcript Restriction set for 10/7/2019. (Triozzi, Heather)
July 3, 2019 Opinion or Order Filing 410 STATEMENT re #409 Objections, -- Certification Concerning Google's Statement of Objections to the Magistrate Judge's 06/07/19 Markman Report and Recommendations -- by Google LLC. (Egan, Brian)
July 2, 2019 Opinion or Order Filing 409 OBJECTIONS by Google LLC to #406 REPORT AND RECOMMENDATIONS. 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 . (Egan, Brian)
July 2, 2019 Opinion or Order Filing 408 OBJECTION to #406 Report and Recommendations by Personal Audio LLC. (Attachments: #1 Certification Pursuant to Standing Order for Objections Filed Under Fed. R. Civ. P. 72)(Farnan, Brian)
June 17, 2019 Opinion or Order Filing 407 STIPULATION TO EXTEND TIME for the parties to file: (i) written objections to the Magistrate Judge's Third Report and Recommendations Regarding Claim Construction and (ii) Responses to the Objections to (i) 7/2/2019 and (ii) 7/24/2019 - filed by Personal Audio LLC. (Farnan, Brian)
June 17, 2019 Opinion or Order SO ORDERED D.I. #407 STIPULATION TO EXTEND TIME for the parties to file: (i) written objections to the Magistrate Judge's Third Report and Recommendations Regarding Claim Construction and (ii) Responses to the Objections to (i) 7/2/2019 and (ii) 7/24/2019 filed by Personal Audio LLC. Ordered by Judge Christopher J. Burke on 6/17/2019. (mlc)
June 7, 2019 Opinion or Order Filing 406 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 6/21/2019. Signed by Judge Christopher J. Burke on 6/7/2019. (mlc)
May 13, 2019 Opinion or Order Filing 405 REDACTED VERSION of #400 Letter by Google LLC. (Attachments: #1 Exhibits 1-3)(Egan, Brian)
May 8, 2019 Opinion or Order Filing 404 ORAL ORDER: By its discovery dispute motion, (D.I. #386 ), Plaintiff seeks an order entitling it to: (1) additional 30(b)(6) testimony regarding the distribution of Google Play Music ("GPM"); and (2) a full day for the second 30(b)(6) deposition of Mr. Razumeiko, (D.I. 390). With regard to nearly all of the reasons that Plaintiff cites in support of its motion, the Court agrees with Defendant (for largely the reasons expressed in Defendant's answering letter brief) that these reasons do not justify relief. (D.I. 392) However, the Court does agree with Plaintiff that in addition to the subject matter that the Court has ordered as appropriate topics for Mr. Razumeiko's second 30(b)(6) deposition, (D.I. 354 at 5-6; D.I. 403), Plaintiff may question Mr. Razumeiko regarding Spreadsheet 7080 and topics that are directly related to the content of Spreadsheet 7080. The length of Mr. Razumeiko's second 30(b)(6) deposition shall be extended to no more than 4 hours in total. The Court finds that Spreadsheet 7080 and topics directly related thereto are appropriate subject matter for Mr. Razumeiko's second deposition because: (1) according to Google, Spreadsheet 7080 is the "operative" spreadsheet regarding GPM installation data. (See, e.g., D.I. 353 at 63-64; see also id. at 38); (2) It appears that Mr. Razumeiko has knowledge regarding the metrics reflected by Spreadsheet 7080. (See id. at 64; D.I. 392 at 3); (3) As of the time of Mr. Razumeiko's first 30(b)(6) deposition on December 5, 2018, Google had provided minimal information regarding the metrics reflected by Spreadsheet 7080. (D.I. 354 at 3) And since that deposition, additional information regarding Spreadsheet 7080's content has been presented (e.g., that it does not include global installations, and that it represents only the number of installations where the GPM app was installed for the first time). For these reasons, Plaintiff's motion is DENIED-IN-PART and GRANTED-IN-PART as set out herein. Ordered by Judge Christopher J. Burke on 5/8/2019. (mlc)
May 8, 2019 Opinion or Order Filing 403 ORAL ORDER: By its discovery dispute motion, (D.I. #386 ), Google seeks an order that would exclude the following topics from those topics that are properly the subject of Mr. Razumeiko's second 30(b)(6) deposition: topics 6(b)(i), 6(b)(ii), 6(b)(iii), 6(b)(iv), 8(b), 8(d), 8(f), and 9, (D.I. 389 at 2). Of these topics, Plaintiff does not contest that topics 6(b)(i), 6(b)(iii), 8(d) and 9(d) should be excluded. (D.I. 393 at 2-4) With regard to the remaining topics still at issue (i.e., 6(b)(ii), 6(b)(iv), 8(b), 8(f) and 9(a-c)), Google did not designate Mr. Razumeiko as a Rule 30(b)(6) witness with respect to these topics (and Plaintiff has not demonstrated that any deponent who did testify as to such topics was insufficiently prepared or insufficiently knowledgeable). A party offering Rule 30(b)(6) testimony has the ability to "designate" the individual(s) who will testify on its behalf. Fed. R. Civ. P. 30(b)(6); see also, e.g., Prowess, Inc. v. Raysearch Labs. AB, Civil Case No. WDQ-11-1357, 2013 WL 1352276, at *5 (D. Md. Apr. 1, 2013). It would therefore be inappropriate for the Court to order Mr. Razumeiko to provide Rule 30(b)(6) testimony on topics for which he was not designated in the first place. For these reasons, Google's motion is GRANTED. Ordered by Judge Christopher J. Burke on 5/8/2019. (mlc)
May 6, 2019 Opinion or Order Filing 402 REDACTED VERSION of #393 Letter by Personal Audio LLC. (Attachments: #1 Exhibits 1-3)(Farnan, Brian) (Main Document 402 replaced on 5/7/2019) (dlb).
May 6, 2019 Opinion or Order Filing 401 REDACTED VERSION of #392 Letter by Google LLC. (Attachments: #1 Exhibits 1-6)(Egan, Brian)
May 6, 2019 Opinion or Order Minute Entry for proceedings held before Judge Christopher J. Burke - Teleconference held on 5/6/2019 regarding the parties' discovery disputes, (D.I. #386 ), and Defendant's Motion to Strike, (D.I. #395 ). The Court granted Defendant's Motion to Strike, (D.I. 395). The Court heard argument regarding Plaintiff's discovery disputes and will resolve Defendant's disputes on the papers. (D.I. 386) The Court will issue order(s) resolving the disputes shortly. (Court Reporter Stacy Vickers (Hawkins). Clerk: M. Crawford) Appearances: M. Farnan, W. Parrish, H. Schmidt, M. Yang, D. Hahn for Plaintiff; B. Egan, M. Baily, J. Nardinelli for Defendant. (mlc)
May 3, 2019 Opinion or Order Filing 400 [SEALED] Letter to The Honorable Christopher J. Burke from Brian P. Egan regarding PA's Response to Google's Motion to Strike - re #399 Letter,. (Attachments: #1 Exhibits 1-3)(Egan, Brian)
May 2, 2019 Opinion or Order Filing 399 Letter to The Honorable Christopher J. Burke from Brian E. Farnan regarding Response to Google's Motion to Strike - re #395 MOTION to Strike #393 Letter or, in the alternative, to File a Reply. (Attachments: #1 Exhibit 1)(Farnan, Brian)
May 2, 2019 Opinion or Order Filing 398 ORAL ORDER: The Court, having reviewed the parties' May 1, 2019 letter, (D.I. 397), HEREBY ORDERS that the parties' briefing schedule regarding Defendant's Motion to Strike certain portions of Plaintiff's April 27, 2019 discovery dispute response letter (the "Motion"), (D.I. 395), is ADOPTED. The Court will consider the Motion in conjunction with the pending discovery disputes and may hear argument regarding the Motion, if necessary, during the discovery dispute teleconference on May 6, 2019. Ordered by Judge Christopher J. Burke on 5/2/2019. (dlb)
May 1, 2019 Opinion or Order Filing 397 Letter to The Honorable Christopher J. Burke from Brian P. Egan regarding #395 MOTION to Strike. (Egan, Brian)
April 30, 2019 Opinion or Order Filing 396 Letter to the Honorable Christopher J. Burke from Brian P. Egan regarding In Support of Motion to Strike - re #395 MOTION to Strike #393 Letter or, in the alternative, to File a Reply. (Egan, Brian)
April 30, 2019 Opinion or Order Filing 395 MOTION to Strike #393 Letter or, in the alternative, to File a Reply - filed by Google LLC. Motions referred to Christopher J. Burke.(Egan, Brian)
April 30, 2019 Opinion or Order Filing 394 REDACTED VERSION of #389 Letter by Google LLC. (Attachments: #1 Exhibits 1-10)(Egan, Brian)
April 29, 2019 Opinion or Order SO ORDERED D.I. #391 STIPULATION TO EXTEND TIME to File Answering Discovery Letters to April 27, 2019 filed by Personal Audio LLC Ordered by Judge Christopher J. Burke on 4/29/2019. (mlc)
April 27, 2019 Opinion or Order Filing 393 [SEALED] Letter to The Honorable Christopher J. Burke from Brian E. Farnan regarding Response to Google's April 23, 2019 Letter. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Farnan, Brian)
April 27, 2019 Opinion or Order Filing 392 [SEALED] Letter to The Honorable Christopher J. Burke from Brian P. Egan regarding Opposition to Personal Audios Motion for Additional 30(b)(6) Testimony - re #390 Letter. (Attachments: #1 Exhibits 1-6)(Egan, Brian)
April 26, 2019 Opinion or Order Filing 391 STIPULATION TO EXTEND TIME to File Answering Discovery Letters to April 27, 2019 - filed by Personal Audio LLC. (Farnan, Brian)
April 23, 2019 Opinion or Order Filing 390 [SEALED] Letter to The Honorable Christopher J. Burke from Michael J. Farnan regarding Discovery Dispute. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Farnan, Michael)
April 23, 2019 Opinion or Order Filing 389 [SEALED] Letter to The Honorable Christopher J. Burke from Brian P. Egan - re #354 Memorandum and Order,. (Attachments: #1 Exs. 1-10)(Egan, Brian)
April 23, 2019 Opinion or Order Filing 388 RESPONSE TO OBJECTIONS by Google LLC re #380 Objection to Report and Recommendations . (Egan, Brian)
April 23, 2019 Opinion or Order Filing 387 REDACTED VERSION of #383 Response to Objections by Google LLC. (Attachments: #1 Exhibits A-D)(Egan, Brian)
April 22, 2019 Opinion or Order Filing 386 Joint MOTION for Hearing (Teleconference) to Resolve Discovery Dispute - filed by Google LLC. Motions referred to Christopher J. Burke.(Egan, Brian)
April 18, 2019 Opinion or Order Filing 385 ORAL ORDER: The Court has reviewed the parties' April 17, 2019 letter requesting a discovery teleconference regarding 3 discovery disputes. (D.I. #384 ) It hereby ORDERS that the procedures for resolving a discovery dispute set out in the Scheduling Order, (D.I. 137), 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 5/6/2019 at 02:00 PM before Judge Christopher J. Burke. (3) By no later than April 23, 2019, the party seeking relief shall file with the Court a letter, not to exceed four (4) pages, in no less than 12-point font, outlining the issues in dispute and its position on those issues. By no later than April 26, 2019, any party opposing the application for relief may file a letter, not to exceed four (4) pages, in no less than 12-point font, outlining that party(s) reasons for its opposition.; (4) Two courtesy copies of the letters are to be hand-delivered to the Clerk's Office within one hour of e-filing.; (5) The Court may choose to resolve the dispute prior to the telephone conference. If it does so, it will cancel the conference.Ordered by Judge Christopher J. Burke on 4/18/2019. (mlc)
April 17, 2019 Opinion or Order Filing 384 Letter to the Honorable Christopher J. Burke from Brian P. Egan regarding the scheduling of a discovery teleconference. (Egan, Brian)
April 16, 2019 Opinion or Order Filing 383 [SEALED] RESPONSE TO OBJECTIONS by Google LLC re #378 Objections to the Magistrate Judge's March 19, 2019 Memorandum Order (D.I. 375). (Attachments: #1 Exhibits A-D)(Egan, Brian)
April 9, 2019 Opinion or Order Filing 382 REDACTED VERSION of #378 Objections by Personal Audio LLC. (Attachments: #1 Exhibits 1-4)(Farnan, Brian)
April 3, 2019 Opinion or Order Filing 381 STATEMENT re #380 Objection to Report and Recommendations Plaintiff's Certification Pursuant to Standing Order for Objections Filed under Fed. R. Civ. P. 72 by Personal Audio LLC. (Farnan, Brian)
April 3, 2019 Opinion or Order Filing 380 OBJECTION to #372 Report and Recommendations by Personal Audio LLC. (Farnan, Brian)
April 2, 2019 Opinion or Order Filing 379 STATEMENT re #378 Objections Plaintiff's Certification Pursuant to Standing Order for Objections Filed under Fed. R. Civ. P. 72 by Personal Audio LLC. (Farnan, Brian)
April 2, 2019 Opinion or Order Filing 378 [SEALED] OBJECTIONS by Personal Audio LLC to #375 Memorandum and Order . (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Farnan, Brian)
March 25, 2019 Opinion or Order Document Unsealed D.I. #375 Memorandum and Order unsealed. No redactions requested. (mlc)
March 25, 2019 Opinion or Order SO ORDERED D.I. #377 STIPULATION TO EXTEND TIME for the Parties to file: (i) written objections to the Magistrate Judge's Second Report and Recommendations Regarding Claim Construction and (ii) Responses to the Objections to (i) 4/3/2019 and (ii) 4/23/2019 filed by Personal Audio LLC. Ordered by Judge Christopher J. Burke on 3/25/2019. (dlb)
March 25, 2019 Opinion or Order Set Deadlines: Per Stipulation D.I. (377), Objections to R&R due by 4/3/2019 and Responses due by 4/23/2019. (dlb)
March 22, 2019 Opinion or Order Filing 377 STIPULATION TO EXTEND TIME for the Parties to file: (i) written objections to the Magistrate Judge's Second Report and Recommendations Regarding Claim Construction and (ii) Responses to the Objections to (i) 4/3/2019 and (ii) 4/23/2019 - filed by Personal Audio LLC. (Farnan, Michael)
March 22, 2019 Opinion or Order Filing 376 STATEMENT re #350 Objections, -- Certification Concerning Google's Objections to Magistrate Judge's January 16, 2019 Report and Recommendations Regarding Claim Construction (D.I. 350) -- by Google LLC. (Egan, Brian)
March 19, 2019 Opinion or Order Filing 375 [SEALED] MEMORANDUM ORDER DENYING D.I. #355 MOTION to Strike filed by Personal Audio LLC. Signed by Judge Christopher J. Burke on 3/19/2019.This order has been emailed to local counsel. (mlc)
March 15, 2019 Opinion or Order Filing 374 NOTICE requesting Clerk to remove Jennifer A. Ward as co-counsel. Reason for request: No longer with firm. (Ward, Jennifer)
March 15, 2019 Opinion or Order Filing 373 Official Transcript of telephone conference held on March 11, 2019 before Judge Burke. Court Reporter/Transcriber Taneha Carroll,Telephone number 302-658-6697. 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 4/5/2019. Redacted Transcript Deadline set for 4/15/2019. Release of Transcript Restriction set for 6/13/2019. (vjg)
March 13, 2019 Opinion or Order Filing 372 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 3/27/2019. Signed by Judge Christopher J. Burke on 3/13/2019. (mlc)
March 13, 2019 Opinion or Order Filing 371 Redacted Version of #353 Transcript per Court Order D.I. 370. (dlb)
March 13, 2019 Opinion or Order Filing 370 ORDER granting D.I. #369 MOTION to Redact Hearing Transcript re Discovery Conference held 1/28/19 (Unopposed) filed by Google LLC. Signed by Judge Christopher J. Burke on 3/13/2019. (dlb)
March 11, 2019 Opinion or Order Minute Entry for proceedings held before Judge Christopher J. Burke - Teleconference held on 3/11/2019 regarding D.I. #355 MOTION to Strike filed by Personal Audio LLC. The Court heard argument regarding Plaintiff's motion to strike. (D.I. #355 ) The Court took the motion under advisement. (Court Reporter Taneha Carroll (Hawkins). Clerk: M. Crawford) Appearances: M. Farnan, W. Parrish, H. Schmidt, M. Yang for Plaintiff; B. Egan, M. Baily for Defendant. (mlc)
March 7, 2019 Opinion or Order Filing 369 [SEALED] MOTION to Redact Hearing Transcript re Discovery Conference,, (Unopposed) - filed by Google LLC. (Attachments: #1 Exhibits A-B)Motions referred to Christopher J. Burke.(Egan, Brian)
March 1, 2019 Opinion or Order Filing 368 REDACTED VERSION of #360 Letter by Google LLC. (Attachments: #1 Exhibits A-G)(Egan, Brian)
February 28, 2019 Opinion or Order Filing 367 Letter to The Honorable Christopher J. Burke from Brian E. Farnan regarding Request for Teleconference - re #355 MOTION to Strike . (Farnan, Brian)
February 28, 2019 Opinion or Order ORAL ORDER Setting Teleconference regarding D.I. 355 MOTION to Strike: A teleconference is set for 3/11/2019 at 2:00 PM before Judge Christopher J. Burke. Counsel for Plaintiff shall initiate the call to 302-573-4595. Ordered by Judge Christopher J. Burke on 2/28/2019. (dlb)
February 27, 2019 Opinion or Order Filing 366 REDACTED VERSION of D.I. #354 Memorandum Order. (mlc)
February 27, 2019 Opinion or Order ORAL ORDER: The Court, having reviewed the parties' supplemental letters relating to Defendant's request that Plaintiff be compelled to complete its production of litigation materials generated from Plaintiff's prior litigations against Apple and Acer, (D.I. 357; D.I. 359), HEREBY ORDERS as follows: (1) Defendant, as the party moving to compel, bears the burden of establishing that these documents are relevant to the instant litigation. See Tessera, Inc. v. Broadcom Corp., Civil Action No. 16-380-LPS-CJB, 2017 WL 4876215, at *2 (D. Del. Oct. 24, 2017). (2) First, as to the expert deposition transcripts and expert reports from the Apple case, the Court agrees with Defendant that these are relevant to this litigation, for the reasons set out by Google. (D.I. 359 at 1-2) Plaintiff has not made a showing of any undue burden pursuant to Fed. R. Civ. P. 26 as to production of these documents. Thus, by no later than March 13, 2019, Plaintiff shall produce any expert deposition transcripts and expert reports from the Apple case that are in its possession, custody or control. (3) Second, as to the defendants' discovery responses in the Apple and Acer cases, Defendant acknowledges that some such responses (such as those identifying certain financial information) might be irrelevant, while arguing that other responses (such as those relating to validity of the asserted patents) are "clearly relevant here." (D.I. 359 at 2) The Court agrees. As to how to deal with the fact that this category of materials is likely to contain both relevant and irrelevant documents, Defendant's alternative proposal, (id.), whereby Plaintiff may produce the discovery responses with information that it believes to be irrelevant redacted (with Defendant able to subsequently challenge any redactions as necessary), appears to be a reasonable and practical solution. By no later than March 13, 2019, Plaintiff shall produce any of the defendants' responses to Interrogatories and/or Requests for Admissions in the Apple and Acer cases that are in its possession, custody or control in accordance with this proposal. (4) With respect to Plaintiff's concern that some of the documents referenced above may contain Apple's highly confidential technical and financial information, (D.I. 351 at 1), presumably such documents would be produced pursuant to the Protective Order in this case, and that should at least partly address such a concern. Moreover, if Apple believes that certain materials should not be produced or that certain redactions should be made, Apple may attempt to intervene accordingly. (See D.I. 359 at 2 n.2); and (5)To the extent that Defendant believes that Plaintiff has not produced any other documents relating to Plaintiff's prior litigations that should in fact be produced, Defendant is free to follow up regarding those issues by further utilizing the Court's discovery dispute procedures. Ordered by Judge Christopher J. Burke on 2/27/2019. (dlb)
February 26, 2019 Opinion or Order Filing 365 REDACTED VERSION of #358 MOTION to Redact Portions of the Court's February 15, 2019 Memorandum Order re #354 Memorandum and Order, (Unopposed) by Google LLC. (Egan, Brian)
February 26, 2019 Opinion or Order Filing 364 REDACTED VERSION of #359 Letter to the Honorable Christopher J. Burke by Google LLC. (Egan, Brian)
February 26, 2019 Opinion or Order Filing 363 ORDER GRANTING-IN-PART D.I. #358 MOTION to Redact Portions of the Court's February 15, 2019 Memorandum Order re #354 Memorandum and Order, (Unopposed) filed by Google LLC. Signed by Judge Christopher J. Burke on 2/26/2019. (mlc)
February 25, 2019 Opinion or Order Filing 362 Letter to The Honorable Christopher J. Burke from Michael J. Farnan regarding Reply Letter Brief in Support of Motion to Strike - re #355 MOTION to Strike . (Farnan, Michael)
February 25, 2019 Opinion or Order Filing 361 RESPONSE TO OBJECTIONS by Personal Audio LLC re #350 Objections, . (Farnan, Brian)
February 22, 2019 Opinion or Order Filing 360 [SEALED] Letter to The Honorable Christopher J. Burke from Brian P. Egan regarding Personal Audio's Motion to Strike - re #355 MOTION to Strike . (Attachments: #1 Exhibits A-G)(Egan, Brian)
February 19, 2019 Opinion or Order Filing 359 [SEALED] Letter to The Honorable Christopher J. Burke from Brian P. Egan regarding Prior Litigation Documents. (Attachments: #1 Exhibits 1-2)(Egan, Brian)
February 19, 2019 Opinion or Order Filing 358 [SEALED] MOTION to Redact Portions of the Court's February 15, 2019 Memorandum Order re #354 Memorandum and Order, (Unopposed) - filed by Google LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)Motions referred to Christopher J. Burke.(Egan, Brian)
February 19, 2019 Opinion or Order Filing 357 STATUS REPORT Regarding Court's February 14, 2019 Oral Order by Personal Audio LLC. (Farnan, Brian)
February 15, 2019 Opinion or Order Filing 356 Letter to The Honorable Christopher J. Burke from Brian E. Farnan regarding Opening Letter Brief in Support of Motion to Strike - re #355 MOTION to Strike . (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Farnan, Brian)
February 15, 2019 Opinion or Order Filing 355 MOTION to Strike - filed by Personal Audio LLC. Motions referred to Christopher J. Burke.(Farnan, Brian)
February 15, 2019 Opinion or Order Filing 354 [SEALED] MEMORANDUM ORDER regarding Plaintiff's discovery disputes, (D.I. #308 ) Joint MOTION for Teleconference to Resolve Discovery Dispute filed by Personal Audio LLC. Signed by Judge Christopher J. Burke on 2/15/2019.This order has been emailed to local counsel. (mlc)
February 14, 2019 Opinion or Order Filing 353 Official Transcript of telephohe conference held on January 28, 2019 before Judge Burke. Court Reporter/Transcriber Stacy Ingram,Telephone number 302-658-6697. 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 3/7/2019. Redacted Transcript Deadline set for 3/18/2019. Release of Transcript Restriction set for 5/15/2019. (vjg)
February 14, 2019 Opinion or Order ORAL ORDER: The Court, having reviewed the parties' status reports relating to Defendant's request that Plaintiff be compelled to complete its production of litigation materials generated from PA's prior litigations against Apple and Acer, (D.I. #349 ; D.I. #351 ), HEREBY ORDERS as follows: (1) With respect to the documents that Plaintiff indicated that it will produce (i.e., the parties' responses to Requests for Admissions in the Acer case and Plaintiff's responses to Requests for Admission in the Apple case, to the extent that such responses can be located), Plaintiff shall produce any such documents in its possession, custody or control by no later than February 19, 2019.; (2) With respect to the documents that Plaintiff argues are irrelevant and contain highly confidential information, such that Plaintiff does not intend to produce them, Defendant may submit a responsive letter of no more than two single-spaced pages by February 19, 2019 responding to those objections; and (3) With respect to any other yet-to-be produced documents relating to the Apple case, Plaintiff shall submit a status report by no later than February 19, 2019 that indicates whether such documents, to the extent they still exist, are in Plaintiff's possession or Robins Kaplan's possession. Ordered by Judge Christopher J. Burke on 2/14/2019. (mlc)
February 11, 2019 Opinion or Order SO ORDERED D.I. #352 STIPULATION TO EXTEND TIME to Serve Amended Privilege Log to February 12, 2019 filed by Personal Audio LLC. Ordered by Judge Christopher J. Burke on 2/11/2019. (dlb)
February 8, 2019 Opinion or Order Filing 352 STIPULATION TO EXTEND TIME to Serve Amended Privilege Log to February 12, 2019 - filed by Personal Audio LLC. (Farnan, Brian)
February 8, 2019 Opinion or Order Filing 351 Letter to The Honorable Christopher J. Burke from Brian E. Farnan regarding Response to Google's February 4, 2019 Letter - re #347 Order, #349 Letter. (Farnan, Brian)
February 6, 2019 Opinion or Order ORAL ORDER: The Court, having reviewed Plaintiff's motion regarding a discovery dispute, (D.I. 329), and the briefing related thereto, (D.I. 335; D.I. 338), and having heard argument on February 4, 2019, hereby ORDERS that Plaintiff's motion is GRANTED as follows: (1) By its motion, Plaintiff seeks to compel the deposition of Peter Nguyen. (D.I. 335 at 1) Because Plaintiff served Mr. Nguyen's deposition notice on December 14, 2018, the final day of fact discovery in this case, (D.I. 280; D.I. 302), Plaintiff's request would require an extension of the fact discovery deadline. Therefore, the Court must apply the good cause standard in accordance with Rule 16 of the Federal Rules of Civil Procedure, which requires Plaintiff to demonstrate that, despite diligence, the deposition could not have been reasonably sought in a timely manner. See, e.g., Liqwd, Inc. v. L'Oreal USA, Inc., Civil Action No. 17-14-JFB-SRF, 2019 WL 188534, at *1 (D. Del. Jan. 14, 2019). (2) The Court does not have a basis to find that Plaintiff was not diligent in seeking Mr. Nguyen's deposition. It is undisputed that Plaintiff only first learned of Mr. Nguyen at the end of November 2018 at the earliest, (D.I. 338 at 2), and Plaintiff asserts that Mr. Nguyen's relevance became fully apparent only during the December 5, 2018 deposition of Google deponent Igor Razumeiko. (D.I. 335 at 1 & ex. 1 at 16) Plaintiff served Mr. Nguyen's deposition notice nine days later, which is not a length of time indicating that Plaintiff failed to demonstrate diligence. (3) For at least the following reasons, it does appear that Mr. Nguyen may have non-cumulative, relevant information regarding data analytics and metrics associated with the accused product, Google Play Music, including installation numbers: (a) Mr. Razumeiko identified Mr. Nguyen as the "data analytics lead[,]" a position that is "responsible for collecting and storing analytics data for Google Play Music." (D.I. 335, ex. 1 at 15-16); (b) Mr. Razumeiko identified Mr. Nguyen as someone with whom he consulted while preparing for his deposition. (Id. at at 73-74, 135); and (c) even Defendant's counsel acknowledged that Mr. Nguyen is not totally divorced from the subject matter at issue. (4) Further impacting the Court's view as to the fairness of Plaintiff's request are the facts that (a) Plaintiff did notice Mr. Nguyen's deposition prior to the close of fact discovery; and (b) Plaintiff did not previously use anywhere near its full allotment of deposition time (it had approximately 22 hours of available deposition time remaining at the close of fact discovery). (D.I. 335 at 3 & n.2) (5) By no later than February 13, 2019, absent further order of the Court, the parties shall meet and confer to schedule Mr. Nguyen's deposition. Ordered by Judge Christopher J. Burke on 2/6/2019. (dlb)
February 5, 2019 Opinion or Order Filing 350 OBJECTIONS by Google LLC to #331 REPORT AND RECOMMENDATIONS. 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 . (Egan, Brian)
February 5, 2019 Opinion or Order Document Unsealed. D.I. #347 Order. No redactions requested. (mlc)
February 4, 2019 Opinion or Order Minute Entry for proceedings held before Judge Christopher J. Burke - Discovery dispute teleconference held on 2/4/2019. The Court heard argument regarding Plaintiffs discovery dispute. (D.I. 329) The Court took the dispute under advisement. (Court Reporter Jen Guy. Clerk: M. Crawford) Appearances: B. Farnan, V. Hardy, W. Parrish, H. Schmidt, M. Yang for Plaintiff; B. Egan, M. Baily for Defendant. (mlc)
February 4, 2019 Opinion or Order Filing 349 Letter to The Honorable Christopher J. Burke from Brian P. Egan regarding the Court's Order dated January 31, 2019 - re #347 Order,. (Egan, Brian)
January 31, 2019 Opinion or Order Filing 348 REDACTED VERSION of #337 Letter, by Personal Audio LLC. (Attachments: #1 Exhibit A, #2 Exhibits 1-5)(Farnan, Brian)
January 31, 2019 Opinion or Order Filing 347 [UNSEALED] ORDER regarding Defendant's discovery disputes, (D.I. #308 ) Joint MOTION for Teleconference to Resolve Discovery Dispute filed by Personal Audio LLC. Signed by Judge Christopher J. Burke on 1/31/2019.This order has been emailed to local counsel. (mlc) Modified on 2/5/2019 (mlc).
January 30, 2019 Opinion or Order Filing 346 REDACTED VERSION of #338 Letter by Google LLC. (Attachments: #1 Exhibits A-H)(Egan, Brian)
January 30, 2019 Opinion or Order Filing 345 REDACTED VERSION of #335 Letter by Personal Audio LLC. (Attachments: #1 Exhibits 1-3)(Farnan, Brian)
January 30, 2019 Opinion or Order Filing 344 REDACTED VERSION of #333 Letter, by Personal Audio LLC. (Attachments: #1 Exhibits 1-8)(Farnan, Brian)
January 30, 2019 Opinion or Order Filing 343 REDACTED VERSION of #321 Declaration, by Personal Audio LLC. (Attachments: #1 Exhibits A-H)(Farnan, Brian)
January 30, 2019 Opinion or Order Filing 342 REDACTED VERSION of #320 Letter,, by Personal Audio LLC. (Attachments: #1 Exhibits 1-18)(Farnan, Brian)
January 29, 2019 Opinion or Order Filing 341 STIPULATION TO EXTEND TIME for (1) the parties to file and serve written objections to the Magistrate Judge's Report and Recommendations Regarding Claim Construction (D.I. 331), and (2) responses thereto to February 5, 2019 and February 25, 2019, respectively - filed by Google LLC. (Egan, Brian)
January 29, 2019 Opinion or Order SO ORDERED D.I. #341 STIPULATION TO EXTEND TIME for (1) the parties to file and serve written objections to the Magistrate Judge's Report and Recommendations Regarding Claim Construction (D.I. 331), and (2) responses thereto to February 5, 2019 and February 25, 2019, filed by Google LLC. Ordered by Judge Christopher J. Burke on 1/29/2019. (dlb)
January 29, 2019 Opinion or Order SO ORDERED, re #340 MOTION for Pro Hac Vice Appearance of Attorney Jeff Nardinelli filed by Google LLC. Ordered by Judge Christopher J. Burke on 1/29/2019. (dlb)
January 28, 2019 Opinion or Order Filing 340 MOTION for Pro Hac Vice Appearance of Attorney Jeff Nardinelli - filed by Google LLC. Motions referred to Christopher J. Burke.(Egan, Brian)
January 28, 2019 Opinion or Order Filing 339 Letter to The Honorable Christopher J. Burke from Brian P. Egan regarding Personal Audio's Discovery Dispute Reply Brief - re #337 Letter,. (Egan, Brian)
January 28, 2019 Opinion or Order Minute Entry for proceedings held before Judge Christopher J. Burke - Discovery teleconference held on 1/28/2019. The Court heard argument regarding the parties' discovery disputes. (D.I. #308 ) The Court granted Plaintiffs request to submit its reply letter brief relating to the disputes. (D.I. 337) The Court took the disputes under advisement. (Court Reporter Stacey Ingram (Hawkins). Clerk: M. Crawford) Appearances: B. Farnan, V. Hardy, W. Parrish, H. Schmidt, D. Hahn for Plaintiff; B. Egan, M. Baily, J. Nardinelli for Defendant. (mlc)
January 25, 2019 Opinion or Order Filing 338 [SEALED] Letter to The Honorable Christopher J. Burke from Brian P. Egan regarding Discovery Dispute - re #335 Letter. (Attachments: #1 Exhibits A-H)(Egan, Brian)
January 25, 2019 Opinion or Order Filing 337 [SEALED] Letter to The Honorable Christopher J. Burke from Brian E. Farnan regarding Request for Leave to File Reply Letter - re #323 Letter. (Attachments: #1 Exhibit A, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5)(Farnan, Brian)
January 24, 2019 Opinion or Order ORAL ORDER: The Court HEREBY ORDERS that Plaintiff's January 18, 2019 reply discovery dispute letter, (D.I. 333), is STRICKEN, as it was filed in violation of the Court's October 15, 2018 Oral Order. Ordered by Judge Christopher J. Burke on 1/24/2019. (dlb)
January 24, 2019 Opinion or Order CORRECTING ENTRY: Exhibits attached to D.I. 336 have been replaced at request of filer. (dlb)
January 23, 2019 Opinion or Order Filing 336 REDACTED VERSION of #322 Letter, by Personal Audio LLC. (Attachments: #1 Exhibits 1-9)(Farnan, Michael) (Attachment 1 replaced on 1/24/2019) (dlb).
January 22, 2019 Opinion or Order Filing 335 [SEALED] Letter to The Honorable Christopher J. Burke from Brian E. Farnan regarding Discovery Dispute. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Farnan, Brian)
January 21, 2019 Opinion or Order Filing 334 Letter to the Honorable Christopher J. Burke from Brian P. Egan regarding Personal Audio's Reply Discovery Letter - re #333 Letter,. (Egan, Brian)
January 18, 2019 Opinion or Order Filing 333 [SEALED] Letter to The Honorable Christopher J. Burke from Brian E. Farnan regarding Request to File Reply to Google's Answering Letter - re #323 Letter. (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)(Farnan, Brian)
January 17, 2019 Opinion or Order Filing 332 STIPULATION TO EXTEND TIME to EXTEND the deadline for: (i) Opening Discovery Dispute Letter and (ii) Answering Discovery Dispute Letter to (i) 1/22/2019 and (ii) 1/25/2019 - filed by Personal Audio LLC. (Farnan, Michael)
January 17, 2019 Opinion or Order SO ORDERED D.I. #332 STIPULATION TO EXTEND TIME to EXTEND the deadline for: (i) Opening Discovery Dispute Letter and (ii) Answering Discovery Dispute Letter to (i) 1/22/2019 and (ii) 1/25/2019 filed by Personal Audio LLC. Ordered by Judge Christopher J. Burke on 1/17/2019. (mlc)
January 16, 2019 Opinion or Order Filing 331 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 1/30/2019. Signed by Judge Christopher J. Burke on 1/16/2019. (mlc)
January 16, 2019 Opinion or Order Filing 330 REDACTED VERSION of #323 Letter by Google LLC. (Attachments: #1 Exhibits A-I)(Egan, Brian)
January 16, 2019 Opinion or Order ORAL ORDER: Pursuant to the parties' Joint Motion filed on January 11, 2019, (D.I. 325), the Court HEREBY GRANTS the parties' Joint Stipulation and VACATES the deadlines for expert discovery and dispositive motions, pending the Court's issuance of Order(s) regarding claim construction. Once the Court has resolved all claim construction issues, it will order the parties to meet and confer and submit a revised proposed Scheduling Order with respect to such deadlines. Ordered by Judge Christopher J. Burke on 1/16/2019. (dlb)
January 15, 2019 Opinion or Order Filing 329 Joint MOTION for Teleconference to Resolve Discovery Dispute - filed by Personal Audio LLC. Motions referred to Christopher J. Burke.(Farnan, Brian)
January 15, 2019 Opinion or Order ORAL ORDER: The Court has reviewed the parties' January 14, 2019 letter requesting a discovery teleconference regarding 1 discovery dispute. (D.I. 327) It hereby ORDERS that the procedures for resolving a discovery dispute set out in the Scheduling Order, (D.I. 137), 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 2/4/2019 at 3:00 PM before Judge Christopher J. Burke. (3) By no later than January 21, 2019, the party seeking relief shall file with the Court a letter, not to exceed four (4) pages, in no less than 12-point font, outlining the issues in dispute and its position on those issues. By no later than January 24, 2019, any party opposing the application for relief may file a letter, not to exceed four (4) pages, in no less than 12-point font, outlining that party(s) reasons for its opposition.; (4) Two courtesy copies of the letters are to be hand-delivered to the Clerk's Office within one hour of e-filing.; (5) It is likely that the Court may choose to resolve the dispute prior to the telephone conference. If it does so, it will cancel the conference. Ordered by Judge Christopher J. Burke on 1/15/2019. (dlb)
January 14, 2019 Opinion or Order Filing 328 NOTICE to Take Deposition of Jim Maccoun on January 17, 2019 filed by Personal Audio LLC.(Farnan, Michael)
January 14, 2019 Opinion or Order Filing 327 Letter to The Honorable Christopher J. Burke from Michael J. Farnan regarding Request for Discovery Teleconference. (Farnan, Michael)
January 14, 2019 Opinion or Order Filing 326 NOTICE OF SERVICE of Personal Audio, LLC's Supplemental Responses to Google LLC's Sixth Set of Interrogatories (43-45) filed by Personal Audio LLC.(Farnan, Brian)
January 11, 2019 Opinion or Order Filing 325 Joint MOTION and [Proposed] Order to Amend Scheduling Order - filed by Google LLC. Motions referred to Christopher J. Burke.(Egan, Brian)
January 10, 2019 Opinion or Order Filing 324 REDACTED VERSION of #319 Letter by Google LLC. (Attachments: #1 Exhibits 1-12)(Egan, Brian)
January 9, 2019 Opinion or Order Filing 323 [SEALED] Letter to The Honorable Christopher J. Burke from Brian P. Egan regarding Personal Audio's Motion to Compel. (Attachments: #1 Exhibits A-I)(Egan, Brian)
January 9, 2019 Opinion or Order Filing 322 [SEALED] Letter to The Honorable Christopher J. Burke from Michael J. Farnan regarding Response to Defendant's January 3, 2019 Letter - re #319 Letter. (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)(Farnan, Michael)
January 4, 2019 Opinion or Order ORAL ORDER: The Court, having reviewed Plaintiff's motion regarding discovery disputes, (D.I. #299 ), and the briefing related thereto, (D.I. 307; D.I. 309), hereby ORDERS as follows: (1) With regard to the first two disputes, relating to Plaintiff's Interrogatories Nos. 27 and 28 and Plaintiff's Requests for Production Nos. 2 and 3, the Court accepts Defendant's representation that after reasonable searches, it has either not found responsive records or, to the extent it has, it has produced such materials. Plaintiff's requests are therefore DENIED as MOOT.; (2) With regard to the third dispute, relating to Plaintiff's Interrogatory 33, both because Plaintiff is seeking information not called for by the actual interrogatory at issue, and because Defendant has nevertheless generated a multi-pronged proposal to provide Plaintiff with some or all of the information it seeks, (D.I. 309 at 3-4), Plaintiff's request is DENIED. The Court understands that Defendant will make available to Plaintiff (to the extent Plaintiff wishes to take advantage of them) the tools/records Defendant outlines in its responsive letter. (Id.); (3) With regard to the fourth dispute, regarding deposition hours, Plaintiff's request is DENIED. The Court sees no reason to issue a blanket order regarding deposition time. The parties shall follow Federal Rule of Civil Procedure 30, observe the 50-hour-per-side limitation in the Scheduling Order, (D.I. 137 at 4), and otherwise work together cooperatively to schedule and complete any remaining depositions.; and (4) The discovery dispute teleconference scheduled for January 14, 2019 at 2:00 p.m. is CANCELLED.Ordered by Judge Christopher J. Burke on 1/4/2019. (mlc)
January 3, 2019 Opinion or Order Filing 321 [SEALED] DECLARATION re #320 Letter,, of Douglas Q. Hahn by Personal Audio LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L)(Farnan, Brian)
January 3, 2019 Opinion or Order Filing 320 [SEALED] Letter to The Honorable Christopher J. Burke from Brian E. Farnan regarding Discovery Dispute. (Attachments: #1 Exhibit 1, #2 Exhibit 2.1, #3 Exhibit 2.2, #4 Exhibit 3.1, #5 Exhibit 3.2, #6 Exhibit 3.3, #7 Exhibit 3.4, #8 Exhibit 4, #9 Exhibit 5, #10 Exhibit 6, #11 Exhibit 7, #12 Exhibit 8.1, #13 Exhibit 8.2, #14 Exhibit 9, #15 Exhibit 10, #16 Exhibit 11.1, #17 Exhibit 11.2, #18 Exhibit 11.3, #19 Exhibit 12, #20 Exhibit 13, #21 Exhibit 14, #22 15, #23 Exhibit 16, #24 Exhibit 17, #25 Exhibit 18)(Farnan, Brian)
January 3, 2019 Opinion or Order Filing 319 [SEALED] Letter to The Honorable Christopher J. Burke from Brian P. Egan regarding Discovery Disputes. (Attachments: #1 Exhibits 1-12)(Egan, Brian)
January 3, 2019 Opinion or Order Filing 318 NOTICE OF SERVICE of Personal Audio's Supplemental Final Infringement Contentions filed by Personal Audio LLC.(Farnan, Brian)
January 2, 2019 Opinion or Order Filing 317 Letter to The Honorable Christopher J. Burke from Brian P. Egan regarding Personal Audio's request for additional pages for discovery dispute letters - re #316 Letter. (Egan, Brian)
January 2, 2019 Opinion or Order Filing 316 Letter to The Honorable Christopher J. Burke from Brian E. Farnan regarding Request for Additional Pages for Discovery Letters. (Farnan, Brian)
January 2, 2019 Opinion or Order ORAL ORDER: The Court, having reviewed Plaintiff's January 2, 2019 letter regarding briefing for the January 28, 2019 discovery dispute teleconference, (D.I. #316 ), and Defendant's response, (D.I. #317 ), HEREBY ORDERS that Plaintiff's request is GRANTED-IN-PART. The parties may have an additional 1 page for their respective opening and answering letters. Ordered by Judge Christopher J. Burke on 1/2/2019. (mlc)
December 28, 2018 Opinion or Order Filing 315 REDACTED VERSION of #307 Letter, by Personal Audio LLC. (Attachments: #1 Exhibits 1-12)(Farnan, Michael)
December 27, 2018 Opinion or Order Filing 314 REDACTED VERSION of #311 Appendix (Volume 2 of 2; Exhibits 9-12) by Google LLC. (Egan, Brian)
December 27, 2018 Opinion or Order Filing 313 REDACTED VERSION of #310 Appendix (Volume 1 of 2; Exhibits 1-8) by Google LLC. (Egan, Brian)
December 27, 2018 Opinion or Order Filing 312 REDACTED VERSION of #309 Letter by Google LLC. (Egan, Brian)
December 20, 2018 Opinion or Order Filing 311 [SEALED] APPENDIX re #309 Letter Brief in Opposition to Personal Audio's December 17, 2018 Discovery Dispute Letter (Volume 2 of 2) by Google LLC. (Egan, Brian)
December 20, 2018 Opinion or Order Filing 310 [SEALED] APPENDIX re #309 Letter Brief in Opposition to Personal Audio's December 17, 2018 Discovery Dispute Letter (Volume 1 of 2) by Google LLC. (Attachments: #1 Exhibit 8, part 1, #2 Exhibit 8, part 2)(Egan, Brian)
December 20, 2018 Opinion or Order Filing 309 [SEALED] Letter to The Honorable Christopher J. Burke from Brian P. Egan regarding Opposition to Personal Audio's December 17, 2018 Discovery Dispute Letter - re #307 Letter,. (Egan, Brian)
December 17, 2018 Opinion or Order Filing 308 Joint MOTION for Teleconference to Resolve Discovery Dispute - filed by Personal Audio LLC. Motions referred to Christopher J. Burke.(Farnan, Brian)
December 17, 2018 Opinion or Order Filing 307 [SEALED] Letter to The Honorable Christopher J. Burke from Michael J. Farnan regarding Discovery Dispute. (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, #12 Exhibit 12)(Farnan, Michael)
December 17, 2018 Opinion or Order ORAL ORDER: The Court has reviewed the parties' December 14, 2018 letter requesting a discovery teleconference regarding 10 discovery disputes. (D.I. 305) It hereby ORDERS that the procedures for resolving a discovery dispute set out in the Scheduling Order, (D.I. 137), 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 1/28/2019 at 3:00 PM before Judge Christopher J. Burke. (3) By no later than January 3, 2019, the party seeking relief shall file with the Court a letter, not to exceed four (4) pages, in no less than 12-point font, outlining the issues in dispute and its position on those issues. By no later than January 9, 2019, any party opposing the application for relief may file a letter, not to exceed four (4) pages, in no less than 12-point font, outlining that party(s) reasons for its opposition.; (4) Two courtesy copies of the letters are to be hand-delivered to the Clerk's Office within one hour of e-filing.; (5) It is likely that the Court may choose to resolve some or all of the disputes prior to the telephone conference. If it resolves all of the disputes prior to the conference, it will cancel the conference. Ordered by Judge Christopher J. Burke on 12/17/2018. (dlb)
December 14, 2018 Opinion or Order Filing 306 NOTICE OF SERVICE of (1) Google's Supplemental Responses and Objections to Plaintiff's Interrogatories (Nos. 1-18) and (2) Google's Supplemental Responses and Objections to Plaintiff's Fifth Set of Interrogatories (Nos. 19-45) filed by Google LLC.(Egan, Brian)
December 14, 2018 Opinion or Order Filing 305 Letter to The Honorable Christopher J. Burke from Brian E. Farnan regarding Discovery Teleconference Request. (Farnan, Brian)
December 14, 2018 Opinion or Order Filing 304 NOTICE OF SERVICE of (1) Defendant Google LLC's Supplemental Mandatory Disclosures and (2) Google's Supplemental Responses and Objections to Plaintiff's Requests for Production of Documents (Nos. 2-3) filed by Google LLC.(Egan, Brian)
December 14, 2018 Opinion or Order Filing 303 Letter to The Honorable Christopher J. Burke from Michael J. Farnan regarding Discovery Deadline. (Farnan, Michael)
December 14, 2018 Opinion or Order Filing 302 NOTICE to Take Deposition of Peter Nguyen on 12/28/2018 filed by Personal Audio LLC.(Farnan, Brian)
December 14, 2018 Opinion or Order Filing 301 NOTICE OF SERVICE of (i) Personal Audio, LLC's Responses to Google LLC's Third Set Requests for Admission (5-45) and (ii) Personal Audio, LLC's Responses to Google LLC's Sixth Set Interrogatories (43-45) filed by Personal Audio LLC.(Farnan, Brian)
December 14, 2018 Opinion or Order Filing 300 NOTICE OF SERVICE of Google's Privilege Log (Volume 2) filed by Google LLC.(Egan, Brian)
December 13, 2018 Opinion or Order Filing 299 Joint MOTION for Teleconference to Resolve Discovery Dispute - filed by Personal Audio LLC. Motions referred to Christopher J. Burke.(Farnan, Brian)
December 12, 2018 Opinion or Order Filing 298 Letter to The Honorable Christopher J. Burke from Brian E. Farnan regarding Request for Discovery Teleconference. (Farnan, Brian)
December 12, 2018 Opinion or Order ORAL ORDER: The Court has reviewed Plaintiff's December 12, 2018 letter requesting a discovery teleconference regarding 4 discovery disputes. (D.I.298) It hereby ORDERS that the procedures for resolving a discovery dispute set out in the Scheduling Order, (D.I. 137), 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 1/14/2019 at 02:00 PM before Judge Christopher J. Burke. (3) By no later than December 17, 2018, the party seeking relief shall file with the Court a letter, not to exceed four (4) pages, in no less than 12-point font, outlining the issues in dispute and its position on those issues. By no later than December 20, 2018, any party opposing the application for relief may file a letter, not to exceed four (4) pages, in no less than 12-point font, outlining that party(s) reasons for its opposition.; (4) Two courtesy copies of the letters are to be hand-delivered to the Clerk's Office within one hour of e-filing.; (5) The Court may choose to resolve the dispute prior to the telephone conference and will, in that event, cancel the conference. Ordered by Judge Christopher J. Burke on 12/12/2018. (mlc)
December 6, 2018 Opinion or Order SO ORDERED D.I. #297 Stipulation regarding Source Code filed by Personal Audio LLC. Ordered by Judge Christopher J. Burke on 12/6/2018. (dlb)
December 5, 2018 Opinion or Order Filing 297 STIPULATION regarding Source Code by Personal Audio LLC. (Farnan, Brian)
December 4, 2018 Opinion or Order Filing 296 NOTICE OF SERVICE of Google's Supplemental Responses and Objections to Plaintiff's Interrogatories (Nos. 1, 17) filed by Google LLC.(Blumenfeld, Jack)
December 4, 2018 Opinion or Order Filing 295 NOTICE of Subpoena to Igor Razumeiko by Personal Audio LLC (Attachments: #1 Exhibit A)(Farnan, Brian)
November 26, 2018 Opinion or Order Filing 294 Letter to The Honorable Christopher J. Burke from Brian E. Farnan regarding Status Report - re #293 Letter. (Farnan, Brian)
November 26, 2018 Opinion or Order Document Unsealed -- D.I. #290 Memorandum and Order, unsealed. No redactions requested. (mlc)
November 21, 2018 Opinion or Order Filing 293 Letter to the Honorable Christopher J. Burke from Brian P. Egan regarding Court's Order of November 15, 2018 - re #290 Memorandum and Order. (Egan, Brian)
November 16, 2018 Opinion or Order Filing 292 NOTICE of Subpoena to Daniel Henry by Google LLC (Egan, Brian)
November 16, 2018 Opinion or Order Filing 291 NOTICE of Subpoena to Daniel Goessling by Google LLC (Egan, Brian)
November 15, 2018 Opinion or Order Filing 290 [UNSEALED] MEMORANDUM ORDER resolving the parties' discovery dispute regarding Plaintiff's infringement contentions. Signed by Judge Christopher J. Burke on 11/15/2018.This order has been emailed to local counsel. (mlc) Modified on 11/26/2018 (mlc).
November 14, 2018 Opinion or Order Filing 289 NOTICE OF SERVICE of 1) Google's Third Set of Requests for Admission (Nos. 5-45) and 2) Google's Sixth Set of Interrogatories (Nos. 43-45) filed by Google LLC.(Egan, Brian)
November 8, 2018 Opinion or Order Filing 288 NOTICE OF SERVICE of Personal Audio's Response to Google's Third Set of Requests for Production, Nos. 62-74 filed by Personal Audio LLC.(Farnan, Brian)
November 5, 2018 Opinion or Order Filing 287 NOTICE of Subpoena (Stephen Estrop) by Google LLC (Egan, Brian)
October 30, 2018 Opinion or Order Filing 286 Redacted version of #245 Transcript. (dlb)
October 30, 2018 Opinion or Order ORAL ORDER: The Court, having reviewed the parties' joint October 16, 2018 letter, (D.I. 275), regarding Plaintiff's discovery dispute concerning certain of Defendant's discovery responses relating to its advertising revenues, (D.I. 226 at 2-3), HEREBY ORDERS as follows: In framing the discovery dispute, Plaintiff asserted that Defendant has not produced sufficient information regarding "Google's advertising revenue and the portion directly or indirectly attributable to the Accused Software." (Id. at 2) Defendant subsequently provided Plaintiff with spreadsheets that assertedly set out Googe's: (1) U.S. advertising attributable to the Accused Software on a monthly basis, (see D.I. 230 at 2; D.I. 231, ex. 1), and (2) worldwide advertising attributable to the Accused Software on a monthly basis, (see D.I. 275, ex. 2). Plaintiff's main complaint with Defendant's production appears to be that Defendant has not provided a sufficient description of how these revenue numbers were generated and what exactly they refer to. (D.I. 275 at 1-2) Although the Court had hoped that the dispute could be resolved during an additional meet-and-confer process, (see D.I. 251 at 3-4), such additional information-sharing did not occur, (D.I. 275 at 1-2). The Court cannot tell whose fault that was, but in the end, to the extent that Plaintiff continues to have questions about these spreadsheets, the best course is to further explore them via deposition discovery. Thus, any remaining request on this issue from Plaintiff is DENIED and the Court considers this dispute to be closed. Ordered by Judge Christopher J. Burke on 10/30/2018. (dlb)
October 29, 2018 Opinion or Order Filing 285 NOTICE OF SERVICE of Personal Audio, LLC's Objections and Responses to Google LLC's Fifth Set of Interrogatories (Nos. 22-42) filed by Personal Audio LLC.(Farnan, Brian)
October 26, 2018 Opinion or Order Filing 284 NOTICE OF SERVICE of 1) Google's Responses and Objections to Plaintiff's Fifth Set of Interrogatories (No. 19-45); 2) Google's Responses and Objections to Plaintiff's Request for Production of Documents (Nos. 1-22) and 3) Google's Responses and Objections to Plaintiff's First Set of Requests for Admission (Nos. 1-32) filed by Google LLC.(Egan, Brian)
October 24, 2018 Opinion or Order Filing 283 ORDER GRANTING-IN-PART D.I. #271 MOTION to Redact #245 Transcript,, filed by Google LLC. Signed by Judge Christopher J. Burke on 10/24/2018. (mlc)
October 24, 2018 Opinion or Order Filing 282 REDACTED VERSION of #275 Letter by Personal Audio LLC. (Attachments: #1 Exhibits 1-2, A)(Farnan, Michael)
October 24, 2018 Opinion or Order Filing 281 NOTICE of Subpoenas by Personal Audio LLC (Attachments: #1 Exhibit A, #2 Exhibit B)(Farnan, Brian)
October 22, 2018 Opinion or Order SO ORDERED D.I. #280 STIPULATION TO EXTEND TIME for Discovery, Opening Expert Reports, Answering Expert Reports, and Reply Expert Reports to (i) December 14, 2018, (ii) January 18, 2019, (iii) February 22, 2019, and (iv) March 22, 2019 filed by Personal Audio LLC. Ordered by Judge Christopher J. Burke on 10/22/2018. (dlb)
October 19, 2018 Opinion or Order Filing 280 STIPULATION TO EXTEND TIME for Discovery, Opening Expert Reports, Answering Expert Reports, and Reply Expert Reports to (i) December 14, 2018, (ii) January 18, 2019, (iii) February 22, 2019, and (iv) March 22, 2019 - filed by Personal Audio LLC. (Farnan, Michael)
October 19, 2018 Opinion or Order Filing 279 MOTION for Pro Hac Vice Appearance of Attorney Steven M. Hanle - filed by Personal Audio LLC. Motions referred to Christopher J. Burke.(Farnan, Brian)
October 19, 2018 Opinion or Order SO ORDERED D.I. #279 MOTION for Pro Hac Vice Appearance of Attorney Steven M. Hanle filed by Personal Audio LLC. Ordered by Judge Christopher J. Burke on 10/19/2018. (dlb)
October 18, 2018 Opinion or Order Filing 278 REDACTED VERSION of #271 MOTION to Redact #245 Transcript,, by Google LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(Ward, Jennifer)
October 18, 2018 Opinion or Order Filing 277 REDACTED VERSION of #270 Status Report by Google LLC. (Ward, Jennifer)
October 17, 2018 Opinion or Order Filing 276 NOTICE OF SERVICE of Personal Audio, LLC's Responses and Objections to Defendant Google's Notice of Deposition Pursuant to Fed. R. Civ. P. 30(b)(6) filed by Personal Audio LLC.(Farnan, Brian)
October 16, 2018 Opinion or Order Filing 275 [SEALED] Joint Letter to The Honorable Christopher J. Burke from Brian E. Farnan regarding Advertising Revenue. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit A)(Farnan, Michael)
October 16, 2018 Opinion or Order ORAL ORDER: The Court, having reviewed the status report provided by Defendant on October 11, 2018, (D.I. 270), HEREBY ORDERS that Defendant shall produce to Plaintiff the information discussed in Paragraph 2 in a timely manner. Otherwise, the Court takes Defendant's status report as a confirmation that it does not have other information in its possession, custody or control that is responsive to the Requests for Production at issue in Plaintiff's discovery dispute motion. (D.I. 221) The Court thus considers this aspect of Plaintiff's discovery dispute motion to be resolved. Ordered by Judge Christopher J. Burke on 10/16/2018. (dlb)
October 15, 2018 Opinion or Order Filing 274 Letter to The Honorable Christopher J. Burke from Michael J. Farnan regarding Response to Google's October 4, 2018 Letter - re #257 Letter. (Attachments: #1 Exhibit H, #2 Exhibit I, #3 Exhibit J, #4 Exhibit K)(Farnan, Michael)
October 15, 2018 Opinion or Order ORAL ORDER: The Court notes that both Plaintiff and Defendant have recently filed letters relating to discovery disputes wherein those letters were not specifically ordered or permitted by the Court. (See D.I. 254, 274) The Court has considered and will consider these letters in connection with the related discovery disputes. However, going forward, the Court HEREBY ORDERS that to the extent that the parties wish to file a letter/responsive document relating to a discovery dispute that has not been specifically permitted by the Court, the party shall first file a motion seeking leave to file such a document. Ordered by Judge Christopher J. Burke on 10/15/2018. (dlb)
October 12, 2018 Opinion or Order Filing 273 REDACTED VERSION of #259 Notice to Take Deposition by Personal Audio LLC. (Farnan, Brian)
October 12, 2018 Opinion or Order SO ORDERED D.I. #272 STIPULATION TO EXTEND TIME to file a Joint Letter regarding advertising revenue to October 16, 2018 filed by Personal Audio LLC. Ordered by Judge Christopher J. Burke on 10/12/2018. (dlb)
October 11, 2018 Opinion or Order Filing 272 STIPULATION TO EXTEND TIME to file a Joint Letter regarding advertising revenue to October 16, 2018 - filed by Personal Audio LLC. (Farnan, Michael)
October 11, 2018 Opinion or Order Filing 271 [SEALED] MOTION to Redact #245 Transcript,, - filed by Google LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)Motions referred to Christopher J. Burke.(Ward, Jennifer)
October 11, 2018 Opinion or Order Filing 270 [SEALED] STATUS REPORT by Google LLC. (Egan, Brian)
October 11, 2018 Opinion or Order Filing 269 REDACTED VERSION of #257 Letter to The Honorable Christopher J. Burke from Brian P. Egan regarding discovery dispute by Google LLC. (Attachments: #1 Exhibits A-G)(Egan, Brian)
October 10, 2018 Opinion or Order Filing 268 REDACTED VERSION of D.I. #251 Memorandum and Order. (mlc)
October 10, 2018 Opinion or Order Filing 267 ORDER GRANTING D.I. #255 MOTION Redact Memorandum Order filed by Google LLC. Signed by Judge Christopher J. Burke on 10/10/2018. (mlc)
October 9, 2018 Opinion or Order Filing 266 REDACTED VERSION of #255 MOTION Redact Memorandum Order by Google LLC. (Attachments: #1 Exhibits A-B)(Egan, Brian)
October 5, 2018 Opinion or Order Filing 265 NOTICE to Take Deposition of Kevin Lau on 10/16/2018 (Amended) filed by Personal Audio LLC.(Farnan, Brian)
October 5, 2018 Opinion or Order Filing 264 NOTICE to Take Deposition of Alex Feng on 10/18/2018 (Amended) filed by Personal Audio LLC.(Farnan, Brian)
October 5, 2018 Opinion or Order Filing 263 NOTICE to Take Deposition of John Evans on 10/18/2018 (Amended) filed by Personal Audio LLC.(Farnan, Brian)
October 5, 2018 Opinion or Order Filing 262 NOTICE to Take Deposition of Chris Connelly on 10/19/2018 (Amended) filed by Personal Audio LLC.(Farnan, Brian)
October 5, 2018 Opinion or Order Filing 261 NOTICE to Take Deposition of Google LLC on 10/17/2018 filed by Personal Audio LLC.(Farnan, Brian)
October 5, 2018 Opinion or Order Filing 260 NOTICE to Take Deposition of Google LLC on 10/17/2018 filed by Personal Audio LLC.(Farnan, Brian)
October 5, 2018 Opinion or Order Filing 259 [SEALED] NOTICE to Take Deposition of Google LLC on 10/15/2018 filed by Personal Audio LLC.(Farnan, Brian)
October 4, 2018 Opinion or Order Filing 258 REDACTED VERSION of #252 Letter, by Personal Audio LLC. (Attachments: #1 Exhibits 1-4)(Farnan, Brian)
October 4, 2018 Opinion or Order Filing 257 [SEALED] Letter to The Honorable Christopher J. Burke from Brian P. Egan regarding discovery dispute - re #251 Memorandum and Order,. (Attachments: #1 Exhibits A-G)(Egan, Brian)
October 4, 2018 Opinion or Order Filing 256 REDACTED VERSION of #254 Letter by Google LLC. (Egan, Brian)
October 2, 2018 Opinion or Order Filing 255 [SEALED] MOTION Redact Memorandum Order - filed by Google LLC. (Attachments: #1 Exhibits A-B)Motions referred to Christopher J. Burke.(Egan, Brian)
October 2, 2018 Opinion or Order ORAL ORDER: The Court has reviewed the declarations provided in Plaintiff's September 27, 2018 letter, (D.I. #252 ), which support Plaintiff's prior assertion that the burden of producing all documents responsive to Defendant's Request for Production ("RFP") No. 56 would outweigh the likely benefit of the discovery. See Fed. R. Civ. P. 26(b)(1); (D.I. 243 at 2). Accordingly, the Court HEREBY DENIES Defendant's request that Plaintiff produce all documents responsive to RFP No. 56. Although the Court indicated that Defendant may be able to "craft a more narrowly tailored" request relating to RFP No. 56, (D.I. 243 at 2), Defendant's recent attempt, (D.I. 254), does not suffice. Defendant there did not sufficiently explain the nature of the disputes relating to the scope of certain license agreements, nor why it is believed that documents responsive to RFP No. 56 may actually shed light on the resolution of those disputes. If Defendant believes that it can craft a very narrowly tailored request for documents responsive to the RFP, along with a sufficient explanation in this regard, then it may follow the Courts discovery dispute procedures in raising that issue with the Court. Ordered by Judge Christopher J. Burke on 10/2/2018. (mlc)
October 1, 2018 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 August 1, 2018 Markman hearing. The Court expects to issue decisions on claim construction by no later than November 30, 2018. Ordered by Judge Christopher J. Burke on 10/1/2018. (mlc)
September 28, 2018 Opinion or Order Filing 254 [SEALED] Letter to The Honorable Christopher J. Burke from Brian P. Egan regarding Discovery Dispute - re #252 Letter, #243 Memorandum and Order. (Egan, Brian)
September 27, 2018 Opinion or Order Filing 253 NOTICE OF SERVICE of Personal Audio's Supplemental Responses to Google's Interrogatories, Nos. 6 and 7 filed by Personal Audio LLC.(Farnan, Brian)
September 27, 2018 Opinion or Order Filing 252 [SEALED] Letter to The Honorable Christopher J. Burke from Brian E. Farnan regarding Declarations Pursuant to September 20, 2018 Memorandum Order - re #243 Memorandum and Order. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Farnan, Brian)
September 27, 2018 Opinion or Order Filing 251 [SEALED] MEMORANDUM ORDER regarding Personal Audio, LLC's discovery disputes, (D.I. #221 ) Joint MOTION for Teleconference to Resolve Discovery Dispute filed by Personal Audio LLC. Signed by Judge Christopher J. Burke on 9/27/2018.This order has been emailed to local counsel. (mlc)
September 27, 2018 Opinion or Order Document Unsealed -- D.I. #234 Memorandum Order on Motion to Transfer Case unsealed. No redactions requested. (mlc)
September 24, 2018 Opinion or Order Filing 250 Official Transcript of Markman hearing held on August 1, 2018 before Judge Burke. Court Reporter/Transcriber Valerie Gunning,Telephone number (302) 573-6194. 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 10/15/2018. Redacted Transcript Deadline set for 10/25/2018. Release of Transcript Restriction set for 12/24/2018. (vjg)
September 21, 2018 Opinion or Order Filing 249 REDACTED VERSION of #226 Letter, by Personal Audio LLC. (Farnan, Brian)
September 21, 2018 Opinion or Order Filing 248 REDACTED VERSION of #229 Letter by Personal Audio LLC. (Farnan, Brian)
September 21, 2018 Opinion or Order Filing 247 REDACTED VERSION of #231 Declaration by Google LLC. (Attachments: #1 Exhibits 1-6)(Egan, Brian)
September 21, 2018 Opinion or Order Filing 246 REDACTED VERSION of #230 Letter by Google LLC. (Egan, Brian)
September 20, 2018 Opinion or Order Filing 245 [SEALED]Official Transcript of telephone conference held on September 17, 2018 before Judge Burke. Court Reporter/Transcriber Taneha Carroll,Telephone number (302) 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 10/11/2018. Redacted Transcript Deadline set for 10/22/2018. Release of Transcript Restriction set for 12/19/2018. (vjg) Modified on 10/12/2018 Transcript placed under seal per D.I. 271 filing(dlb).
September 20, 2018 Opinion or Order Filing 244 NOTICE OF SERVICE of (1) Google's Third Set of Requests for Admission (Nos. 5-405) to Plaintiff Personal Audio, LLC and (2) Google's Fifth Set of Interrogatories (Nos. 22-42) to Plaintiff Personal Audio, LLC filed by Google LLC.(Egan, Brian)
September 20, 2018 Opinion or Order Filing 243 MEMORANDUM ORDER regarding Defendant's discovery disputes, (D.I. #221 Joint MOTION for Teleconference to Resolve Discovery Dispute filed by Personal Audio LLC). Ordered by Judge Christopher J. Burke on 9/20/2018. (mlc)
September 19, 2018 Opinion or Order Filing 242 NOTICE OF SERVICE of (i) Personal Audio, LLC's Fourth Set of Interrogatories to Defendant Google, Inc., (ii) Personal Audio, LLC's Requests for Production, and (iii) Personal Audio, LLC's First Set of Requests for Admission to Defendant Google, Inc. filed by Personal Audio LLC.(Farnan, Brian)
September 19, 2018 Opinion or Order Filing 241 NOTICE OF SERVICE of Google's Third Set of Requests for Production (Nos. 62-74) to Plaintiff Personal Audio, LLC filed by Google LLC.(Egan, Brian)
September 19, 2018 Opinion or Order Filing 240 NOTICE to Take Deposition of Richard Baker on October 15, 2018 filed by Google LLC.(Egan, Brian)
September 19, 2018 Opinion or Order Filing 239 NOTICE to Take Deposition of James Logan on October 8, 2018 filed by Google LLC.(Egan, Brian)
September 19, 2018 Opinion or Order Filing 238 NOTICE to Take Deposition of Erin Davis on October 12, 2018 filed by Google LLC.(Egan, Brian)
September 19, 2018 Opinion or Order Filing 237 NOTICE to Take Deposition of Daniel Goessling on October 10, 2018 filed by Google LLC.(Egan, Brian)
September 19, 2018 Opinion or Order Filing 236 NOTICE to Take Deposition of Charles Call on October 9, 2018 filed by Google LLC.(Egan, Brian)
September 19, 2018 Opinion or Order Filing 235 NOTICE to Take Deposition of Bradley Liddle on October 11, 2018 filed by Google LLC.(Egan, Brian)
September 19, 2018 Opinion or Order Filing 234 [UNSEALED] MEMORANDUM ORDER denying D.I. #119 Motion to Transfer Case. Signed by Judge Christopher J. Burke on 9/19/2018.This order has been emailed to local counsel. (mlc) Modified on 9/27/2018 (mlc).
September 18, 2018 Opinion or Order Filing 233 REDACTED VERSION of #225 Letter to the Honorable Christopher J. Burke by Google LLC. (Attachments: #1 Exhibits A-G)(Egan, Brian)
September 18, 2018 Opinion or Order Filing 232 NOTICE OF SERVICE of (1) Google's Responses and Objections to Personal Audio's Second Notice of Rule 30(b)(6) Deposition and (2) Google's Responses and Objections to Personal Audio's Third Notice of Rule 30(b)(6) Deposition, filed by Google LLC.(Egan, Brian)
September 17, 2018 Opinion or Order Minute Entry for proceedings held before Judge Christopher J. Burke: Discovery Teleconference held on 9/17/2018. The Court heard argument regarding the parties' discovery disputes. (D.I. 221) The Court took the disputes under advisement. (Court Reporter Taneha Carroll (Hawkins). Clerk: M. Crawford) Appearances: M. Farnan, V. Hardy, W. Parrish, M. Yang, H. Schmidt, F. Walker, D. Hahn for Plaintiff; B. Egan, M. Baily, J. Nardinelli, T. Engin for Defendant. (mlc)
September 14, 2018 Opinion or Order Filing 231 [SEALED] DECLARATION re #230 Letter -- Declaration of Jeff Nardinelli -- by Google LLC. (Attachments: #1 EXHIBITS 1-6)(Egan, Brian)
September 14, 2018 Opinion or Order Filing 230 [SEALED] Letter to The Honorable Christopher J. Burke from Brian P. Egan regarding Discovery Dispute - re #226 Letter,. (Egan, Brian)
September 14, 2018 Opinion or Order Filing 229 [SEALED] Letter to The Honorable Christopher J. Burke from Michael J. Farnan regarding Responsive Discovery Dispute Letter - re #225 Letter. (Farnan, Michael)
September 13, 2018 Opinion or Order Filing 228 ORDER that the October 21, 2019 jury trial date and September 13, 2019 pretrial conference date set by Magistrate Judge Burke's Order of March 20, 2018 are hereby vacated pending the disposition of any summary judgment motions. Signed by Judge Colm F. Connolly on 9/13/2018. (nmf)
September 12, 2018 Opinion or Order ORAL ORDER: In light of Plaintiffs unopposed request, the Court HEREBY ORDERS that the parties' responsive discovery dispute letters regarding the September 17, 2018 discovery dispute teleconference shall be due by Friday, September 14, 2018 at 3:00 p.m. Ordered by Judge Christopher J. Burke on 9/12/2018. (dlb)
September 11, 2018 Opinion or Order Filing 227 DECLARATION re #226 Letter, of Michele Riley by Personal Audio LLC. (Farnan, Michael)
September 11, 2018 Opinion or Order Filing 226 [SEALED] Letter to The Honorable Christopher J. Burke from Michael J. Farnan regarding Discovery Dispute. (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)(Farnan, Michael)
September 11, 2018 Opinion or Order Filing 225 [SEALED] Letter to The Honorable Christopher J. Burke from Brian P. Egan regarding Discovery Dispute - re Order Setting Teleconference,,,,,. (Attachments: #1 Exhibits A-G)(Egan, Brian)
September 11, 2018 Opinion or Order ORAL ORDER: The Hearing on Summary Judgment and Daubert Motions set for 6/25/2019 at 01:00 PM will be in Courtroom 2A before Judge Christopher J. Burke. Ordered by Judge Christopher J. Burke on 9/11/2018. (dlb)
September 10, 2018 Opinion or Order Filing 224 NOTICE OF SERVICE of Personal Audio's Final Infringement Contentions filed by Personal Audio LLC.(Farnan, Brian)
September 10, 2018 Opinion or Order ORAL ORDER by Judge Colm F. Connolly on 9/10/2018: The Court HEREBY ORDERS that the referral to Magistrate Judge Christopher J. Burke entered on December 13, 2017 shall remain in effect, and this case therefore remains referred to Judge 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. In light of this, the Court's August 31, 2018 Oral Order requiring the parties to submit a status report is HEREBY WITHDRAWN. (nmf)
September 7, 2018 Opinion or Order Filing 223 NOTICE OF SERVICE of Google's Supplemental Disclosure of Invalidating Prior Art filed by Google LLC.(Egan, Brian)
September 6, 2018 Opinion or Order ORAL ORDER: The Court, having reviewed the parties' September 5, 2018 letter, (D.I. 222), HEREBY ORDERS that it will also consider the dispute referenced therein during the September 17, 2018 discovery dispute teleconference. If any further disputes arise, however, the parties shall request the scheduling of a further discovery dispute call(s) in accordance with the Court's discovery dispute procedures, (D.I. 137 at 6-7). Ordered by Judge Christopher J. Burke on 9/6/2018. (dlb)
September 5, 2018 Opinion or Order Filing 222 Letter to The Honorable Christopher J. Burke from Brian E. Farnan regarding Additional Dispute for September 17, 2018 Teleconference. (Farnan, Brian)
September 5, 2018 Opinion or Order Filing 221 Joint MOTION for Teleconference to Resolve Discovery Dispute - filed by Personal Audio LLC. Motions referred to Christopher J. Burke.(Farnan, Brian)
September 5, 2018 Opinion or Order ORAL ORDER: The Court has reviewed the parties' August 31, 2018 letter requesting a discovery teleconference regarding seven total discovery disputes between the parties. (D.I. #220 ) The Court hereby ORDERS that the procedures for resolving a discovery dispute set out in the Scheduling Order, (D.I. 137), will be followed with regard to these disputes. To that end: (1) The parties shall file a "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 will be held on Monday, 9/17/2018 at 03:00 PM; (3) Not less than ninety-six (96) hours prior to the teleconference, excluding weekends and holidays, the party seeking relief shall file with the Court a letter, not to exceed four (4) pages, in no less than 12-point font, outlining the issues in dispute and its position on those issues. Not less than forty-eight (48) hours prior to the teleconference, excluding weekends and holidays, any party opposing the application for relief may file a letter, not to exceed four (4) pages, in no less than 12-point font, outlining that party(s) reasons for its opposition.; and (4) Two courtesy copies of the letters are to be hand-delivered to the Clerk's Office within one hour of e-filing.Ordered by Judge Christopher J. Burke on 9/5/2018. (mlc)
August 31, 2018 Opinion or Order Filing 220 Letter to The Honorable Christopher J. Burke from Brian E. Farnan regarding August 16, 2018 Order. (Farnan, Michael)
August 31, 2018 Opinion or Order ORAL ORDER: Pursuant to the reassignment of this action, the parties shall submit a joint status report on or before September 17, 2018. Please identify in the status report the next event the parties believe the Court needs to schedule. (Status Report due by 9/17/2018.) Ordered by Judge Colm F. Connolly on 8/31/2018. (nmf)
August 31, 2018 Opinion or Order Case Reassigned to Judge Colm F. Connolly. Please include the initials of the Judge (CFC) after the case number on all documents filed. (rjb)
August 28, 2018 Opinion or Order Filing 219 NOTICE OF SERVICE of Google's Responses and Objections to Plaintiff's Fourth Set of Interrogatories (No. 18) filed by Google LLC.(Egan, Brian)
August 27, 2018 Opinion or Order Pro Hac Vice Attorney Melissa J. Baily for Google 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)
August 24, 2018 Opinion or Order Pro Hac Vice Attorney Antonio R. Sistos and David A. Perlson for Google 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)
August 23, 2018 Opinion or Order Filing 218 NOTICE to Take Deposition of Google LLC on 9/13/2018 (Amended) filed by Personal Audio LLC.(Farnan, Brian)
August 23, 2018 Opinion or Order Filing 217 NOTICE to Take Deposition of Google LLC on 9/12/2018 (Amended) filed by Personal Audio LLC.(Farnan, Brian)
August 23, 2018 Opinion or Order Filing 216 NOTICE to Take Deposition of John Evans on 9/6/2018 filed by Personal Audio LLC.(Farnan, Brian)
August 23, 2018 Opinion or Order Filing 215 NOTICE to Take Deposition of Chris Connelly on 9/6/2018 filed by Personal Audio LLC.(Farnan, Brian)
August 23, 2018 Opinion or Order Filing 214 NOTICE to Take Deposition of Kevin Lau on 9/5/2018 filed by Personal Audio LLC.(Farnan, Brian)
August 23, 2018 Opinion or Order Filing 213 NOTICE to Take Deposition of Alex Feng on 9/5/2018 filed by Personal Audio LLC.(Farnan, Brian)
August 23, 2018 Opinion or Order ORAL ORDER: The Court, having reviewed the briefing regarding Plaintiff's discovery dispute motion, (D.I. #195 ), in which Plaintiff Personal Audio, LLC ("Plaintiff") seeks an order compelling Defendant Google LLC ("Defendant" or "Google") to make available for inspection certain Google server-side source code, and having considered the arguments made on the August 8, 2018 teleconference, hereby ORDERS that Plaintiff's motion is DENIED. The patent claims at issue are device claims to an "audio program player." Going into the teleconference, the Court did not understand why Plaintiff would need to point to what occurs on Google's servers in order to demonstrate that any of the device claim limitations are met. Nor did the Court understand why Google's back-end source code was otherwise relevant to demonstrating what occurs on an allegedly infringing accused device. And in reviewing Plaintiff's infringement contentions, the answers to these questions were also not clear to the Court. During the teleconference, Plaintiff seemed to provide shifting (and confusing) answers to the Court's questions directed to these issues. (August 8, 2018 teleconference transcript at 14-23) In the absence of Plaintiff demonstrating why the sought-after back-end source code is relevant to its infringement claims, and why its production is necessary, the Court cannot grant Plaintiff's motion, especially in light of the asserted burden to Google in producing such code, (D.I. 206). Ordered by Judge Christopher J. Burke on 8/23/2018. (mlc)
August 23, 2018 Opinion or Order ORAL ORDER: The Court having reviewed the parties' Joint Status Report, agrees with Defendant, (D.I. #209 ), that there is no reason to deviate from the Court's usual procedures regarding discovery disputes as to the issues raised in the report. To the extent the parties cannot resolve certain of these disputes after further meeting and conferring, they may utilize the Court's procedures to address those issues. Ordered by Judge Christopher J. Burke on 8/23/2018. (mlc)
August 22, 2018 Opinion or Order Filing 212 NOTICE to Take Deposition of Personal Audio on mutually agreed upon date filed by Google LLC.(Egan, Brian)
August 22, 2018 Opinion or Order Filing 211 REDACTED VERSION of #206 Declaration of Kevin Lau by Google LLC. (Egan, Brian)
August 21, 2018 Opinion or Order Filing 210 NOTICE OF SERVICE of Google's Responses and Objections to Plaintiff's Third Set of Interrogatories (Nos. 13-17) filed by Google LLC.(Egan, Brian)
August 17, 2018 Opinion or Order Filing 209 Interim STATUS REPORT by Personal Audio LLC. (Farnan, Brian)
August 16, 2018 Opinion or Order Filing 208 Letter to The Honorable Christopher J. Burke from Brian P. Egan regarding Deferral of Discovery Dispute - re #207 Letter. (Egan, Brian)
August 16, 2018 Opinion or Order ORAL ORDER: The Court, having reviewed the parties' August 15, 2018 and August 16, 2018 letters regarding Plaintiff's request for a discovery dispute teleconference, (D.I. 207, 208), HEREBY ORDERS that: (1) by no later than August 29, 2018, the parties shall further meet-and-confer regarding the issues outlined in Plaintiff's letter; and (2) to the extent any dispute(s) remain, by no later than August 31, 2018, the parties shall file the joint letter requesting a discovery dispute teleconference as required by the Scheduling Order, (D.I. 137 at 6), and the Court will thereafter schedule a teleconference. Ordered by Judge Christopher J. Burke on 8/16/2018. (mlc)
August 15, 2018 Opinion or Order Filing 207 Letter to The Honorable Christopher J. Burke from Brian E. Farnan regarding Discovery Dispute. (Farnan, Brian)
August 15, 2018 Opinion or Order Filing 206 [SEALED] DECLARATION re #201 Letter -- Declaration of Kevin Lau -- by Google LLC. (Egan, Brian)
August 13, 2018 Opinion or Order SO ORDERED D.I. #205 STIPULATION TO EXTEND TIME for the parties to submit the Interim Status Report to August 17, 2018 filed by Google LLC. Ordered by Judge Christopher J. Burke on 8/13/2018. (dlb)
August 10, 2018 Opinion or Order Filing 205 STIPULATION TO EXTEND TIME for the parties to submit the Interim Status Report to August 17, 2018 - filed by Google LLC. (Egan, Brian)
August 9, 2018 Opinion or Order Filing 204 NOTICE to Take Deposition of Google LLC on 8/27/2018 filed by Personal Audio LLC.(Farnan, Brian)
August 9, 2018 Opinion or Order Filing 203 NOTICE to Take Deposition of Google LLC on 8/24/2018 filed by Personal Audio LLC.(Farnan, Brian)
August 8, 2018 Opinion or Order Minute Entry for proceedings held before Judge Christopher J. Burke - Discovery Teleconference held on 8/8/2018 regarding D.I. #195 . The Court heard argument regarding Plaintiff's motion for an order compelling Defendant to make available for inspection certain back-end server code. The Court took the matter under advisement, and ordered that by no later than August 15, 2018, Defendant shall submit a Declaration relating to its arguments about burden. (Court Reporter Valerie Gunning. Clerk: M. Crawford) Appearances: B. Farnan, W. Parrish, H. Schmidt, D. Hahn for Plaintiff; B. Egan, M. Baily for Defendant. (mlc)
August 7, 2018 Opinion or Order Filing 202 Letter to The Honorable Christopher J. Burke from Jack B. Blumenfeld regarding the Court's August 1, 2018 Order - re Markman Hearing,,,. (Attachments: #1 Exhibit A)(Blumenfeld, Jack)
August 6, 2018 Opinion or Order Filing 201 Letter to The Honorable Christopher J. Burke from Brian P. Egan regarding responsive discovery dispute letter - re #198 Letter. (Egan, Brian)
August 6, 2018 Opinion or Order Filing 200 NOTICE OF SERVICE of Google's Supplemental Responses to Plaintiff's Interrogatory Nos. 1, 5 filed by Google LLC.(Egan, Brian)
August 3, 2018 Opinion or Order SO ORDERED, #169 MOTION for Pro Hac Vice Appearance of Attorney David A. Perlson and Antonio R. Sistos. Ordered by Judge Christopher J. Burke on 8/3/2018. (jcs)
August 2, 2018 Opinion or Order Filing 199 Letter to The Honorable Christopher J. Burke from Brian E. Farnan regarding Updated Markman Slide Deck. (Attachments: #1 Slides)(Farnan, Brian)
August 2, 2018 Opinion or Order Filing 198 Letter to The Honorable Christopher J. Burke from Brian E. Farnan regarding Discovery Dispute. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Farnan, Brian)
August 1, 2018 Opinion or Order Minute Entry for proceedings held before Judge Christopher J. Burke - Markman Hearing held on 8/1/2018. The Court ordered that: (1) Plaintiff may submit an updated slide deck to the Court by August 2, 2018; and (2) Defendant may file a letter of no more than 2 pages addressing the August 1, 2018 decision by the United States Court of Appeals for the Federal Circuit in Google LLC v. Personal Audio, LLC, raised by Plaintiff during the Markman hearing, by no later than August 7, 2018. The Court took claim construction under advisement and will issue a written decision. (Court Reporter Valerie Gunning. Clerk: M. Crawford) Appearances: V. Hardy, W. Parrish, M. Yang, B. Farnan for Plaintiff; J. Blumenfeld, J. Ward, M. Baily, T. Engin for Defendant. (mlc)
July 30, 2018 Opinion or Order Filing 197 Letter to The Honorable Christopher J. Burke from Jack B. Blumenfeld regarding claim construction issue - re #194 Letter, #196 Letter. (Blumenfeld, Jack)
July 30, 2018 Opinion or Order ORAL ORDER: The Court has reviewed the parties' recent letters, (D.I. 194; D.I. 196; D.I. 197), regarding Defendant's newly-raised "further claim construction dispute -- namely, whether certain asserted dependent patent claims are indefinite[,]" (D.I. 194 at 1). The Court HEREBY ORDERS that at the conclusion of the August 1, 2018 Markman hearing, the Court will discuss an appropriate procedure for handling this dispute. The Court will not hear substantive argument regarding the merits of this dispute during the Markman hearing. Ordered by Judge Christopher J. Burke on 7/30/2018. (dlb)
July 27, 2018 Opinion or Order Filing 196 Letter to The Honorable Christopher J. Burke from Brian E. Farnan regarding Response to Defendant's July 26, 2018 Letter - re #194 Letter. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Farnan, Brian)
July 27, 2018 Opinion or Order Filing 195 MOTION for Teleconference to Resolve Discovery Dispute - filed by Personal Audio LLC. Motions referred to Christopher J. Burke.(Farnan, Brian)
July 26, 2018 Opinion or Order Filing 194 Letter to The Honorable Christopher J. Burke from Brian P. Egan regarding Claim Construction Issue - re #192 Letter. (Egan, Brian)
July 26, 2018 Opinion or Order Filing 193 NOTICE OF SERVICE of Personal Audio, LLC's Fourth Set of Interrogatories to Defendant Google, Inc. filed by Personal Audio LLC.(Farnan, Brian)
July 26, 2018 Opinion or Order Filing 192 Letter to The Honorable Christopher J. Burke from Brian E. Farnan regarding Request for Discovery Teleconference. (Farnan, Brian)
July 26, 2018 Opinion or Order ORAL ORDER: The Court has reviewed the parties' July 26, 2018 letter regarding a discovery dispute. (D.I. #192 ) It hereby ORDERS that the procedures for resolving a discovery dispute set out in the Scheduling Order, (D.I. 137), will be followed with regard to this dispute. To that end: (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 will be held on Wednesday, August 8, 2018 at 2:00 p.m.; (3) Not less than ninety-six (96) hours prior to the conference, excluding weekends and holidays, the party seeking relief shall file with the Court a letter, not to exceed four (4) pages, in no less than 12-point font, outlining the issues in dispute and its position on those issues. Not less than forty-eight (48) hours prior to the conference, excluding weekends and holidays, any party opposing the application for relief may file a letter, not to exceed four (4) pages, in no less than 12-point font, outlining that party(s) reasons for its opposition.; and (4) Two courtesy copies of the letters are to be hand-delivered to the Clerk's Office within one hour of e-filing.. Ordered by Judge Christopher J. Burke on 7/26/2018. (mlc)
July 23, 2018 Opinion or Order ORAL ORDER: The Court HEREBY ORDERS that pursuant to the parties' request, (D.I. #137 at 11), 4 hours will be allocated for the August 1, 2018 Markman hearing to be split evenly between the parties. Ordered by Judge Christopher J. Burke on 7/23/2018. (mlc)
July 20, 2018 Opinion or Order Filing 191 Letter to The Honorable Christopher J. Burke from Brian P. Egan regarding order of presentation at claim construction hearing - re #137 Scheduling Order,,. (Egan, Brian)
July 20, 2018 Opinion or Order SO ORDERED D.I. #168 MOTION for Pro Hac Vice Appearance of Attorney Melissa J. Baily of QUINN EMANUELURQUHART & SULLIVAN, LLP filed by Google LLC. Ordered by Judge Christopher J. Burke on 7/20/2018. (dlb)
July 18, 2018 Opinion or Order Filing 190 Joint Letter to The Honorable Christopher J. Burke from Brian P. Egan regarding Order of Claim Terms for August 1, 2018 Hearing. (Egan, Brian)
July 18, 2018 Opinion or Order Filing 189 NOTICE OF SERVICE of Personal Audio, LLC's Third Set of Interrogatories to Defendant Google, Inc. filed by Personal Audio LLC.(Farnan, Brian)
July 18, 2018 Opinion or Order Filing 188 DECLARATION re #186 Claim Construction Surreply Brief (Dr. Ketan Mayer-Patel) by Google LLC. (Egan, Brian)
July 18, 2018 Opinion or Order Filing 187 DECLARATION re #186 Claim Construction Surreply Brief (Melissa J. Baily) by Google LLC. (Attachments: #1 Exhibits A-D)(Egan, Brian)
July 18, 2018 Opinion or Order Filing 186 CLAIM CONSTRUCTION SURREPLY BRIEF filed by Google LLC. (Egan, Brian)
July 6, 2018 Opinion or Order Filing 185 NOTICE OF SERVICE of Personal Audio's Response to Google's Fourth Set of Interrogatories (19-21) filed by Personal Audio LLC.(Farnan, Brian)
July 6, 2018 Opinion or Order Filing 184 REDACTED VERSION of #181 Letter to The Honorable Christopher J. Burke by Google LLC. (Attachments: #1 Exhibits A-J)(Egan, Brian)
July 3, 2018 Opinion or Order ORAL ORDER: The Court, having reviewed Plaintiff's July 2, 2018 letter withdrawing its discovery dispute, (D.I. 183), HEREBY ORDERS that the discovery dispute teleconference scheduled for today at 2:00pm is cancelled. Ordered by Judge Christopher J. Burke on 7/3/2018 (dlb) (dlb)
July 2, 2018 Opinion or Order Filing 183 Letter to The Honorable Christopher J. Burke from Brian E. Farnan regarding Plaintiff's Withdrawal of Discovery Dispute - re Oral Order,,,,,. (Farnan, Brian)
July 2, 2018 Opinion or Order Filing 182 ORDER Setting Mediation Conference: A Telephone Conference is set for 7/30/2018 at 11:30 AM before Judge Christopher J. Burke to discuss ADR. Signed by Judge Christopher J. Burke on 7/2/2018. (dlb)
June 29, 2018 Opinion or Order Filing 181 [SEALED] Letter to The Honorable Christopher J. Burke from Brian P. Egan regarding Opposition Letter on Microsoft - re #178 Letter,. (Attachments: #1 Exhibits A-J)(Egan, Brian)
June 29, 2018 Opinion or Order Filing 180 STIPULATION to Enter Supplemental Protective Order by Google LLC. (Egan, Brian)
June 29, 2018 Opinion or Order SO ORDERED D.I. #180 Stipulation to Enter Supplemental Protective Order filed by Google LLC. Signed by Judge Christopher J. Burke on 6/29/2018. (dlb)
June 27, 2018 Opinion or Order Filing 179 REDACTED VERSION of #178 Letter, by Personal Audio LLC. (Attachments: #1 Exhibits A-G)(Farnan, Brian)
June 27, 2018 Opinion or Order Filing 178 [SEALED] Letter to The Honorable Christopher J. Burke from Brian E. Farnan regarding Discovery Dispute. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Farnan, Brian)
June 25, 2018 Opinion or Order Filing 177 DECLARATION re #176 Claim Construction Reply Brief of Kevin C. Almeroth by Personal Audio LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Appendix A, #8 Appendix B)(Farnan, Brian)
June 25, 2018 Opinion or Order Filing 176 CLAIM CONSTRUCTION REPLY BRIEF re #159 Claim Construction Answering Brief filed by Personal Audio LLC. (Farnan, Brian)
June 25, 2018 Opinion or Order Filing 175 NOTICE OF SERVICE of Google's Response to Plaintiff's Fourth Set of Non-Venue Requests for Production Nos. 101-153 filed by Google LLC.(Egan, Brian)
June 25, 2018 Opinion or Order Filing 174 NOTICE requesting Clerk to remove Jeannine Sano and White & Case LLP as co-counsel. Reason for request: no longer associated with case. (Egan, Brian)
June 22, 2018 Opinion or Order Filing 173 NOTICE OF SERVICE of (i) Personal Audio's Response to Google's Second Set Request for Production, Nos. 56-61 and (ii) Personal Audio's Response to Google's Third Set of Interrogatories, Nos. 4-18 filed by Personal Audio LLC.(Farnan, Brian)
June 22, 2018 Opinion or Order Filing 172 MOTION for Teleconference to Resolve Discovery Dispute - filed by Personal Audio LLC. Motions referred to Christopher J. Burke.(Farnan, Brian)
June 22, 2018 Opinion or Order Filing 171 NOTICE of Subpoena to Microsoft Corporation by Personal Audio LLC (Attachments: #1 Exhibit A)(Farnan, Brian)
June 22, 2018 Opinion or Order ORAL ORDER: The Court has reviewed the parties' June 21, 2018 letter regarding a discovery dispute. (D.I. #170 ) It hereby ORDERS that the procedures for resolving a discovery dispute set out in the Scheduling Order, (D.I. 137), will be followed with regard to this dispute. To that end: (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 will be held on Tuesday, July 3, 2018 at 2:00 p.m.; (3) Not less than ninety-six (96) hours prior to the conference, excluding weekends and holidays, the party seeking relief shall file with the Court a letter, not to exceed four (4) pages, in no less than 12-point font, outlining the issues in dispute and its position on those issues. Not less than forty-eight (48) hours prior to the conference, excluding weekends and holidays, any party opposing the application for relief may file a letter, not to exceed four (4) pages, in no less than 12-point font, outlining that party(s) reasons for its opposition.; and (4) Two courtesy copies of the letters are to be hand-delivered to the Clerk's Office within one hour of e-filing.. Ordered by Judge Christopher J. Burke on 6/22/2018. (mlc)
June 21, 2018 Opinion or Order Filing 170 Letter to The Honorable Christopher J. Burke from Michael J. Farnan regarding Request for Discovery Teleconference. (Farnan, Michael)
June 21, 2018 Opinion or Order Filing 169 MOTION for Pro Hac Vice Appearance of Attorney David A. Perlson and Antonio R. Sistos - filed by Google LLC. Motions referred to Christopher J. Burke.(Egan, Brian)
June 20, 2018 Opinion or Order Filing 168 MOTION for Pro Hac Vice Appearance of Attorney Melissa J. Baily of QUINN EMANUELURQUHART & SULLIVAN, LLP - filed by Google LLC. Motions referred to Christopher J. Burke.(Egan, Brian)
June 12, 2018 Opinion or Order Pro Hac Vice Attorney Henning Schmidt and R. Floyd Walker for Personal Audio 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)
June 8, 2018 Opinion or Order Filing 167 NOTICE OF SERVICE of Google's Response to Plaintiff's Second Set of Non-Venue Requests for Production Nos. 45-100 filed by Google LLC.(Egan, Brian)
June 6, 2018 Opinion or Order Filing 166 NOTICE OF SERVICE of Google's Fourth Set of Interrogatories (Nos. 19-21) to Plaintiff Personal Audio, LLC filed by Google LLC.(Egan, Brian)
June 6, 2018 Opinion or Order SO ORDERED D.I. #158 MOTION for Pro Hac Vice Appearance of Attorney Henning Schmidt and Floyd Walker filed by Personal Audio LLC. Ordered by Judge Christopher J. Burke on 6/6/2018. (dlb)
June 4, 2018 Opinion or Order Pro Hac Vice Attorney Jeannine Y. Sano for Google 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)
May 31, 2018 Opinion or Order Filing 165 NOTICE OF SERVICE of (1) Google's Disclosure of Sales Figures and (2) Notice of Subpoena (directed to Microsoft) filed by Google LLC.(Egan, Brian)
May 25, 2018 Opinion or Order Filing 164 NOTICE OF SERVICE of Plaintiff Personal Audio, LLC's Request for Production, Set Four to Google, Inc. filed by Personal Audio LLC.(Farnan, Brian)
May 25, 2018 Opinion or Order Filing 163 STATEMENT re 152 Multi Media Document -- Google's Comments to Plaintiff's Technology Tutorial -- by Google LLC. (Egan, Brian)
May 25, 2018 Opinion or Order Filing 162 DECLARATION re #159 Claim Construction Answering Brief -- Declaration of Ketan Mayer-Patel -- by Google LLC. (Egan, Brian)
May 25, 2018 Opinion or Order Filing 161 Letter to The Honorable Christopher J. Burke from Michael J. Farnan regarding Response to Defendant's Technology Tutorial. (Farnan, Michael)
May 25, 2018 Opinion or Order Filing 160 DECLARATION re #159 Claim Construction Answering Brief -- Declaration of Jeannine Sano -- by Google LLC. (Attachments: #1 Exhibit 1 - 25)(Egan, Brian)
May 25, 2018 Opinion or Order Filing 159 CLAIM CONSTRUCTION ANSWERING BRIEF filed by Google LLC. (Egan, Brian)
May 21, 2018 Opinion or Order Filing 158 MOTION for Pro Hac Vice Appearance of Attorney Henning Schmidt and Floyd Walker - filed by Personal Audio LLC. Motions referred to Christopher J. Burke.(Farnan, Brian)
May 18, 2018 Opinion or Order Filing 157 STIPULATION TO EXTEND TIME for Defendant to file its answering claim construction brief and plaintiff to file its reply claim construction brief to May 25, 2018 and June 25, 2018, respectively - filed by Google LLC. (Egan, Brian)
May 18, 2018 Opinion or Order SO ORDERED D.I. #157 STIPULATION TO EXTEND TIME for Defendant to file its answering claim construction brief and plaintiff to file its reply claim construction brief to May 25, 2018 and June 25, 2018, respectively filed by Google LLC. Ordered by Judge Christopher J. Burke on 5/18/18. (mlc)
May 16, 2018 Opinion or Order Filing 156 NOTICE OF SERVICE of (1) Google's Second Set of Requests for Production (Nos. 56-61) to Plaintiff Personal Audio, LLC and (2) Google's Third Set of Interrogatories (Nos. 4-18) to Plaintiff Personal Audio, LLC filed by Google LLC.(Egan, Brian)
May 9, 2018 Opinion or Order Filing 155 NOTICE OF SERVICE of Plaintiff Personal Audio, LLC's Request for Production, Set Three to Google, Inc. filed by Personal Audio LLC.(Farnan, Brian)
April 27, 2018 Opinion or Order Filing 154 MULTI MEDIA DOCUMENT filed by Google LLC in the form of a CD. Filing related to #149 Letter. (Media on file in Clerk's Office). (dlb)
April 27, 2018 Opinion or Order Filing 153 MULTI MEDIA DOCUMENT filed by Google LLC in the form of a CD. Filing related to #148 Letter. (Media on file in Clerk's Office). (dlb)
April 27, 2018 Opinion or Order Filing 152 MULTI MEDIA DOCUMENT filed by Personal Audio LLC in the form of a CD. Filing related to #145 Notice of Filing Multi Media Materials,. (Media on file in Clerk's Office). (dlb)
April 24, 2018 Opinion or Order CORRECTING ENTRY: main PDF at D.I. 146 has been replaced at the request of the filer. (dlb)
April 23, 2018 Opinion or Order Filing 151 NOTICE OF SERVICE of (1) Google's Response to Plaintiff's Second Set of Non-Venue Requests for Production Nos. 37-44; and (2) Google's Response to Plaintiff's Non-Venue Interrogatory Nos. 6a, 6b, 7a, 7b, 8, 9a, 9b, 9c, 9d, 9c, 10a, 10b, 10c, 11, 12a, 12b, 12c, 12d filed by Google LLC.(Egan, Brian)
April 23, 2018 Opinion or Order Filing 150 NOTICE OF SERVICE of Plaintiff Personal Audio, LLC's Response to Defendant Google Inc.'s Interrogatories Nos. 2-3 filed by Personal Audio LLC.(Farnan, Brian)
April 20, 2018 Opinion or Order Filing 149 Letter to The Honorable Christopher J. Burke from Brian P. Egan regarding interactive video version of tutorial. (Egan, Brian)
April 18, 2018 Opinion or Order Filing 148 Letter to The Honorable Christopher J. Burke from Brian P. Egan regarding tutorial - re #137 Scheduling Order,,. (Egan, Brian)
April 18, 2018 Opinion or Order Filing 147 DECLARATION re #146 Claim Construction Opening Brief of Kevin C. Almeroth by Personal Audio LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U, #22 Exhibit V, #23 Exhibit W, #24 Exhibit X, #25 Exhibit Y, #26 Exhibit Z)(Farnan, Brian)
April 18, 2018 Opinion or Order Filing 146 CLAIM CONSTRUCTION OPENING BRIEF filed by Personal Audio LLC. (Attachments: #1 Appendix A)(Farnan, Brian) (Main Document 146 replaced on 4/24/2018) (dlb).
April 18, 2018 Opinion or Order Filing 145 NOTICE of filing the following Non-Paper material(s) in multi media format: two discs containing Plaintiff's Technology Tutorial. Original Non-paper material(s) to be filed with the Clerk's Office. Notice filed by Brian E. Farnan on behalf of Personal Audio LLC (Farnan, Brian)
April 18, 2018 Opinion or Order ORAL ORDER: The Markman Hearing set for 8/1/2018 at 01:00 PM will be held in Courtroom 2A before Judge Christopher J. Burke. Ordered by Judge Christopher J. Burke on 4/18/2018. (dlb)
April 4, 2018 Opinion or Order Filing 144 NOTICE OF SERVICE of Google's Supplemental Responses to Plaintiff's First Set of Interrogatories filed by Google LLC.(Egan, Brian)
April 4, 2018 Opinion or Order Filing 143 NOTICE OF SERVICE of Plaintiff Personal Audio, LLC's Objections and Responses to Defendant Google Inc.'s Request for Admissions Nos. 2-4 filed by Personal Audio LLC.(Farnan, Brian)
April 3, 2018 Opinion or Order Filing 142 STIPULATION and [Proposed] Order to Update Case Caption to Reflect Name Change from Google Inc. to Google LLC by Google, Inc.. (Blumenfeld, Jack)
April 3, 2018 Opinion or Order SO ORDERED D.I. #142 Stipulation to Update Case Caption to Reflect Name Change from Google Inc. to Google LLC filed by Google, Inc. Ordered by Judge Christopher J. Burke on 4/3/2018. (dlb)
April 2, 2018 Opinion or Order SO ORDERED D.I. #141 Stipulation regarding claim construction briefing filed by Personal Audio LLC. Ordered by Judge Christopher J. Burke on 4/2/2018. (mlc)
March 29, 2018 Opinion or Order Filing 141 STIPULATION regarding Claim Construction Briefing by Personal Audio LLC. (Farnan, Brian)
March 26, 2018 Opinion or Order Filing 140 NOTICE OF SERVICE of Plaintiff's Initial Disclosure of Damages Theory filed by Personal Audio LLC.(Farnan, Brian)
March 26, 2018 Opinion or Order Filing 139 NOTICE OF SERVICE of (i) Personal Audio, LLC's Second Set of Interrogatories to Defendant Google, Inc. and (ii) Personal Audio, LLC's Second Set of Requests for Production filed by Personal Audio LLC.(Farnan, Brian)
March 23, 2018 Opinion or Order Filing 138 NOTICE OF SERVICE of Defendant Google LLC's Second Set of Interrogatories (Nos. 2-3) to Plaintiff Personal Audio, LLC filed by Google, Inc..(Blumenfeld, Jack)
March 20, 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)
March 20, 2018 Opinion or Order Filing 137 SCHEDULING ORDER: Joinder of Parties due by 4/4/2018. Amended Pleadings due by 4/4/2018. Discovery due by 10/19/2018. Status Report due by 8/10/2018. Dispositive Motions due by 5/3/2019. A Motion Hearing is set for 6/25/2019 at 01:00 PM before Vacant Judgeship (2017) A Markman Hearing is set for 8/1/2018 at 01:00 PM before Vacant Judgeship (2017). A Pretrial Conference is set for 9/13/2019 at 11:00 AM before Vacant Judgeship (2017). A Jury Trial is set for 10/21/2019 at 09:30 AM before Vacant Judgeship (2017). See Order for further details and deadlines. Signed by Judge Christopher J. Burke on 3/20/2018. (dlb)
March 19, 2018 Opinion or Order Filing 136 Letter to The Honorable Christopher J. Burke from Brian P. Egan regarding response to Plaintiff's March 16 letter - re #135 Letter. (Egan, Brian)
March 19, 2018 Opinion or Order Pro Hac Vice Attorney Salil Bali for Personal Audio LLC added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (lmm)
March 16, 2018 Opinion or Order Filing 135 Letter to The Honorable Christopher J. Burke from Michael J. Farnan regarding Proposed Scheduling Order. (Attachments: #1 Exhibit A)(Farnan, Michael)
March 16, 2018 Opinion or Order Pro Hac Vice Attorney Douglas Q. Hahn for Personal Audio 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)
March 9, 2018 Opinion or Order Filing 134 REDACTED VERSION of #132 Reply Brief re Motion to Transfer Case to United States District Court for the Northern District of California by Google, Inc.. (Egan, Brian)
March 6, 2018 Opinion or Order SO ORDERED #130 MOTION for Pro Hac Vice Appearance of Attorney Douglas Q. Hahn and Salil Bali filed by Personal Audio LLC, and #133 MOTION for Pro Hac Vice Appearance of Attorney Jeannine Sano filed by Google, Inc. Ordered by Judge Christopher J. Burke on 3/6/2018. (dlb)
March 5, 2018 Opinion or Order Minute Entry for proceedings held before Judge Christopher J. Burke - Case Management/Scheduling Conference held on 3/5/2018. The Court discussed the schedule with the parties, resolved the areas of dispute, and provided key dates. Plaintiff's counsel shall file a revised proposed Scheduling Order by March 16, 2018. The Court granted an oral motion to seal certain portions of the conference and directed the parties to follow the Court's procedures for redaction of the transcript. (Court Reporter Taneha Carroll (Hawkins). Clerk: M. Crawford) Appearances: M. Farnan, D. Hahn, B. Liddle for Plaintiff; B. Egan, J. Sano, L. Miniovich for Defendant. (mlc)
March 2, 2018 Opinion or Order Filing 133 MOTION for Pro Hac Vice Appearance of Attorney Jeannine Sano - filed by Google, Inc.. Motions referred to Christopher J. Burke.(Egan, Brian)
March 2, 2018 Opinion or Order Filing 132 [SEALED] REPLY BRIEF re #119 MOTION to Transfer Case to United States District Court for the Northern District of California filed by Google, Inc.. (Egan, Brian)
March 2, 2018 Opinion or Order Filing 131 REDACTED VERSION of #124 Answering Brief in Opposition, by Personal Audio LLC. (Farnan, Michael)
February 27, 2018 Opinion or Order Filing 130 MOTION for Pro Hac Vice Appearance of Attorney Douglas Q. Hahn and Salil Bali - filed by Personal Audio LLC. (Attachments: #1 Certification, #2 Certification)Motions referred to Christopher J. Burke.(Farnan, Michael)
February 27, 2018 Opinion or Order Pro Hac Vice Attorney Victor G. Hardy, William M. Parrish, and Minghui Yang for Personal Audio 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)
February 23, 2018 Opinion or Order Filing 129 DECLARATION re #124 Answering Brief in Opposition, of James D. Logan by Personal Audio LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Farnan, Brian)
February 23, 2018 Opinion or Order Filing 128 DECLARATION re #124 Answering Brief in Opposition, of Brad Liddle by Personal Audio LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Farnan, Brian)
February 23, 2018 Opinion or Order Filing 127 DECLARATION re #124 Answering Brief in Opposition, of Douglas Q. Hahn by Personal Audio LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Farnan, Brian)
February 23, 2018 Opinion or Order Filing 126 DECLARATION re #124 Answering Brief in Opposition, of Charles G. Call by Personal Audio LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Farnan, Brian)
February 23, 2018 Opinion or Order Filing 125 DECLARATION re #124 Answering Brief in Opposition, of Richard Baker by Personal Audio LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Farnan, Brian)
February 23, 2018 Opinion or Order Filing 124 [SEALED] ANSWERING BRIEF in Opposition re #119 MOTION to Transfer Case to United States District Court for the Northern District of California filed by Personal Audio LLC.Reply Brief due date per Local Rules is 3/2/2018. (Farnan, Brian)
February 16, 2018 Opinion or Order Filing 123 REDACTED VERSION of #121 Declaration of Brian King by Google, Inc.. (Egan, Brian)
February 16, 2018 Opinion or Order Filing 122 REDACTED VERSION of #120 Opening Brief in Support, of Motion to Transfer by Google, Inc.. (Attachments: #1 Exhibit 1)(Egan, Brian)
February 13, 2018 Opinion or Order CORRECTING ENTRY: At the request of the filer, D.I. 120 Opening Brief has been placed under seal. (dlb)
February 9, 2018 Opinion or Order Filing 121 [SEALED] DECLARATION re #119 MOTION to Transfer Case to United States District Court for the Northern District of California of Brian King by Google, Inc.. (Egan, Brian)
February 9, 2018 Opinion or Order Filing 120 [SEALED] OPENING BRIEF in Support re #119 MOTION to Transfer Case to United States District Court for the Northern District of California filed by Google, Inc..Answering Brief/Response due date per Local Rules is 2/23/2018. (Attachments: #1 Exhibit 1)(Egan, Brian) (Main Document 120 replaced on 2/13/2018) (dlb).
February 9, 2018 Opinion or Order Filing 119 MOTION to Transfer Case to United States District Court for the Northern District of California - filed by Google, Inc.. Motions referred to Christopher J. Burke.(Egan, Brian)
February 5, 2018 Opinion or Order Oral Order Setting Scheduling Conference: A Case Management/Scheduling Conference is set for 3/5/2018 at 03:00 PM in Courtroom 2A before Judge Christopher J. Burke. Ordered by Judge Christopher J. Burke on 2/5/2018. (dlb)
February 2, 2018 Opinion or Order Filing 118 Letter to Christopher J. Burke from Brian P. Egan regarding disputed Proposed Scheduling Order issues - re #116 Proposed Order. (Egan, Brian)
February 2, 2018 Opinion or Order Filing 117 Letter to The Honorable Christopher J. Burke from Brian E. Farnan regarding Proposed Scheduling Order - re Oral Order,,,. (Farnan, Michael)
February 2, 2018 Opinion or Order Filing 116 PROPOSED ORDER Scheduling Order by Personal Audio LLC. (Attachments: #1 Letter to The Honorable Christopher J. Burke)(Farnan, Michael)
January 30, 2018 Opinion or Order SO ORDERED D.I. #115 STIPULATION TO EXTEND TIME for the Parties to submit the Proposed Scheduling Order to 2/2/2018 filed by Personal Audio LLC. Ordered by Judge Christopher J. Burke on 1/30/2018. (dlb)
January 29, 2018 Opinion or Order Filing 115 STIPULATION TO EXTEND TIME for the Parties to submit the Proposed Scheduling Order to 2/2/2018 - filed by Personal Audio LLC. (Farnan, Brian)
January 26, 2018 Opinion or Order SO ORDERED D.I. #113 MOTION for Pro Hac Vice Appearance of Attorney Victor G. Hardy, William Parrish, and Minghui Yang filed by Personal Audio LLC. Ordered by Judge Christopher J. Burke on 1/26/2018. (dlb)
January 19, 2018 Opinion or Order SO ORDERED, D.I. #114 STIPULATION TO EXTEND TIME for the Parties to submit the Proposed Scheduling Order to 1/29/2018 filed by Personal Audio LLC. Ordered by Judge Christopher J. Burke on 1/19/2018. (dlb)
January 18, 2018 Opinion or Order Filing 114 STIPULATION TO EXTEND TIME for the Parties to submit the Proposed Scheduling Order to 1/29/2018 - filed by Personal Audio LLC. (Farnan, Brian)
January 17, 2018 Opinion or Order Filing 113 MOTION for Pro Hac Vice Appearance of Attorney Victor G. Hardy, William Parrish, and Minghui Yang - filed by Personal Audio LLC. Motions referred to Christopher J. Burke.(Farnan, Brian)
January 16, 2018 Opinion or Order Filing 112 STIPULATION TO EXTEND TIME for the Parties to submit the Proposed Scheduling Order to 1/19/2018 - filed by Personal Audio LLC. (Farnan, Brian)
January 16, 2018 Opinion or Order SO ORDERED D.I. #112 STIPULATION TO EXTEND TIME for the Parties to submit the Proposed Scheduling Order to 1/19/2018 filed by Personal Audio LLC. Ordered by Judge Christopher J. Burke on 1/16/2018. (dlb)
January 11, 2018 Opinion or Order Filing 111 NOTICE of Appearance by Michael J. Farnan on behalf of Personal Audio LLC (Farnan, Michael)
January 11, 2018 Opinion or Order Filing 110 NOTICE of Appearance by Brian E. Farnan on behalf of Personal Audio LLC (Farnan, Brian)
January 10, 2018 Opinion or Order Filing 109 ANSWER to Amended Complaint, re: #38 Amended Complaint with Jury Demand by Google, Inc..(Egan, Brian)
January 2, 2018 Opinion or Order ORAL ORDER: The Court, having reviewed the parties' joint letter, (D.I. 108), hereby ORDERS that the parties shall: (1) Meet and confer regarding proposed dates to be included in a proposed Scheduling Order and submit a proposal to the Court no later than January 16, 2018. (The Court's form scheduling order is posted at http://www.ded.uscourts.gov/sites/default/files/Chambers/CJB/Forms/Scheduling% 20Order%20(Patent%20Cases)%20(revised%20March%202017).pdf.).; and (2) If there are disputed issues between the parties regarding the content of the Scheduling Order, the parties should note those areas of dispute in the proposed Order, along with their proposals for the language the Court should adopt as to that issue. In addition, the parties may each separately file a letter (of no more than two single-spaced pages) setting forth their position as to these disputed issues. Ordered by Judge Christopher J. Burke on 1/2/2018. (dlb)
December 27, 2017 Opinion or Order Filing 108 Letter to The Honorable Christopher J. Burke from Michael J. Farnan regarding Joint Status Report. (Farnan, Michael)
December 18, 2017 Opinion or Order SO ORDERED D.I. #107 STIPULATION TO EXTEND TIME for defendant to answer or otherwise respond to the Amended Complaint to January 10, 2018 filed by Google, Inc. Ordered by Judge Christopher J. Burke on 12/18/2017. (dlb)
December 15, 2017 Opinion or Order Filing 107 STIPULATION TO EXTEND TIME for defendant to answer or otherwise respond to the Amended Complaint to January 10, 2018 - filed by Google, Inc.. (Egan, Brian)
December 13, 2017 Opinion or Order 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.) (rjb)
December 13, 2017 Opinion or Order Case Assigned to Vacant Judgeship (2017). Please include initials of VAC after the case number on all documents filed. (rjb)
December 13, 2017 Opinion or Order 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)
December 13, 2017 Opinion or Order 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)
December 13, 2017 Opinion or Order ORAL ORDER: IT IS HEREBY ORDERED pursuant to Local Rule 81.2 (Local Rules of Civil Practice and Procedure of the United States District Court for the District of Delaware, effective April 30, 2010) that within 21 days of the filing of the case with this District, the parties shall submit a statement identifying all pending matters which require judicial action. Ordered by Judge Christopher J. Burke on 12/13/2017. (dlb)
December 7, 2017 Opinion or Order Filing 106 NOTICE of Appearance (Jack B. Blumenfeld, Brian P. Egan, and Morris, Nichols, Arsht & Tunnell LLP) by Google, Inc. (Blumenfeld, Jack)
December 6, 2017 Opinion or Order Filing 105 Local Counsel Letter sent. Notice of Compliance deadline set for 1/8/2018. (crb)
December 6, 2017 Opinion or Order Filing 104 Record of case transferred in from District of Texas Eastern; Case Number in Other District: 1:15-cv-00350. Copy of Docket Sheet and original file
December 1, 2017 Opinion or Order Filing 103 ORDERED that Google's #73 Motion to dismiss is granted in part. Because venue is improper in the Eastern District of Texas, the case shall be transferred to the District of Delaware, pursuant to 28 USC 1406(a). Signed by District Judge Ron Clark on 12/1/2017. (bjc) [Transferred from Texas Eastern on 12/6/2017.]
December 1, 2017 Opinion or Order Filing 102 ORDER denying #95 Sealed Motion for sanctions. Signed by District Judge Ron Clark on 12/1/2017. (bjc) [Transferred from Texas Eastern on 12/6/2017.]
November 2, 2017 Opinion or Order Filing 101 SEALED SUR-REPLY to Response to Motion re #95 SEALED MOTION FOR SANCTIONS filed by Google, Inc.. (Attachments: #1 Exhibit A-1 - Supplemental Deposition Excerpts, #2 Exhibit B-1 - Supplemental Deposition Excerpts)(Krause, Eric) [Transferred from Texas Eastern on 12/6/2017.]
October 27, 2017 Opinion or Order Filing 100 SEALED REPLY to Response to Motion re #95 SEALED MOTION FOR SANCTIONS filed by Personal Audio LLC. (Attachments: #1 Affidavit Declaration of Salil Bali, #2 Exhibit 1 to Bali Decl)(Hahn, Douglas) [Transferred from Texas Eastern on 12/6/2017.]
October 20, 2017 Opinion or Order Filing 99 CORPORATE DISCLOSURE STATEMENT filed by Google, Inc. identifying Corporate Parent Alphabet Inc., Corporate Parent XXVI Holdings Inc. for Google, Inc.. (Krause, Eric) [Transferred from Texas Eastern on 12/6/2017.]
October 19, 2017 Opinion or Order Filing 98 SEALED RESPONSE to Motion re #95 SEALED MOTION FOR SANCTIONS filed by Google, Inc.. (Attachments: #1 Exhibit A - Clark Deposition Excerpts, #2 Exhibit B - King Deposition Excerpts)(Sano, Jeannine) [Transferred from Texas Eastern on 12/6/2017.]
October 10, 2017 Opinion or Order Filing 97 SEALED SUR-REPLY to Reply to Response to Motion re #73 MOTION to Dismiss filed by Personal Audio LLC. (Attachments: #1 Affidavit Declaration of Salil Bali, #2 Exhibit A to Bali Decl)(Hahn, Douglas) [Transferred from Texas Eastern on 12/6/2017.]
October 4, 2017 Opinion or Order Filing 96 SEALED REPLY to Response to Motion re #73 MOTION to Dismiss filed by Google, Inc.. (Attachments: #1 Exhibit A - Depo Excerpts of B. King, #2 Exhibit B - Office Memo, #3 Exhibit C - Depo Excerpts of D. Clark, #4 Exhibit D - Google Blog)(Sano, Jeannine) [Transferred from Texas Eastern on 12/6/2017.]
October 4, 2017 Opinion or Order Filing 95 SEALED MOTION FOR SANCTIONS by Personal Audio LLC. (Attachments: #1 Affidavit Declaration of D. Hahn, #2 Exhibit A to Hahn Decl - June 27 Letter to Google re Narrowed Discovery, #3 Exhibit B to Hahn Decl - Google's July 7 Resp to RFP, #4 Exhibit C to Hahn Decl - Google's July 7 Resp to Rogs, #5 Exhibit D to Hahn Decl - Google's Aug. 21 Resp to 30(b)(6) Notice, #6 Exhibit E to Hahn Decl - Google's Aug. 23 Supplemental Rog Resp, #7 Exhibit F Pt. 1 to Hahn Decl - Aug. 24 Transcript of King Depo, #8 Exhibit F Pt. 2 to Hahn Decl - Aug. 24 Transcript of King Depo, #9 Exhibit F Pt. 3 to Hahn Decl - Aug. 24 Transcript of King Depo, #10 Exhibit G to Hahn Decl - Aug. 24 Transcript of Clark Depo, #11 Exhibit H to Hahn Decl - Quickoffice documents, #12 Exhibit I to Hahn Decl - PA's July 26 Depo Notice, #13 Exhibit J to Hahn Decl - PA's Venue Rogs to Google, #14 Exhibit K to Hahn Decl - PA's Venue RFPs, #15 Exhibit L to Hahn Decl - Email exchange between counsel, #16 Exhibit M to Hahn Decl - Aug. 8 Letter to Google, #17 Text of Proposed Order)(Hahn, Douglas) [Transferred from Texas Eastern on 12/6/2017.]
September 27, 2017 Opinion or Order Filing 94 SEALED RESPONSE to Motion re #73 MOTION to Dismiss filed by Personal Audio LLC. (Attachments: #1 Affidavit Declaration of Adam Reed, #2 Affidavit Declaration of Brian Davison, #3 Exhibit A to Decl of Davison: Curriculum Vitae of Davison, #4 Exhibit B to Decl of Davison: GGC Beta Service Agreement, #5 Exhibit C to Decl of Davison: Axelrod slides, #6 Affidavit Declaration of Douglas Hahn, #7 Exhibit 1 to Decl of Hahn: Confidential, #8 Exhibit 2 to Decl of Hahn: SpeedPro Facebook page, #9 Exhibit 3 to Decl of Hahn: Bauhaus website, #10 Exhibit 4 to Decl of Hahn: Confidential, #11 Exhibit 5 to Decl of Hahn: Confidential, #12 Exhibit 6 to Decl of Hahn: Confidential, #13 Exhibit 7 to Decl of Hahn: Collin County Tax Record, #14 Exhibit 8 to Decl of Hahn: Donahue LinkedIn Profile, #15 Exhibit 9 to Decl of Hahn: Notice Letter, #16 Exhibit 10 to Decl of Hahn: Confidential, #17 Exhibit 11 to Decl of Hahn: Confidential, #18 Exhibit 12 to Decl of Hahn: Confidential, #19 Exhibit 13 to Decl of Hahn: Amended 30(B)(6) Depo Notice, #20 Exhibit 14 to Decl of Hahn: Screenshots from Google website, #21 Exhibit 15 to Decl of Hahn: Dallas Business Journal article, #22 Exhibit 16 to Decl of Hahn: Screenshots from Google website, #23 Text of Proposed Order)(Hahn, Douglas) [Transferred from Texas Eastern on 12/6/2017.]
August 25, 2017 Opinion or Order Filing 93 SEALED RESPONSE to #90 - MOTION to Compel filed by Google, Inc.. (Attachments: #1 Exhibit 1 - Restricted AEO-Google's Supplemental Responses, #2 Exhibit 2 - Google's Response to 30(b)(6) Notice, #3 Exhibit 3 - PA's Subpoena, #4 Exhibit 4 - Amended Subpoena Attachment)(Krause, Eric) [Transferred from Texas Eastern on 12/6/2017.]
August 22, 2017 Opinion or Order Filing 92 ORDER Regarding Amended Venue Discovery Deadlines. Pltf's #90 Motion to Compel is granted in part. The deadline to respond to #73 Motion to Dismiss is continued from 9/13/2017 to 9/27/2017. Any reply from Google is due by 10/4/2017. All other issues raised in #90 Motion to Compel are moot. All other deadlines in the current #52 Scheduling Order continue to be stayed pending resolution of the venue dispute. Signed by Judge Ron Clark on 8/22/17. (tkd, ) [Transferred from Texas Eastern on 12/6/2017.]
August 16, 2017 Opinion or Order Filing 91 ORDER re Personal Audio LLC's #90 Motion to Compel Documents and Extend Deadlines. The deadline for pltf to take Google's 30(b)(6) deposition is extended to 8/25/2017. The court will consider the remaining issues in the motion to compel at a later date. Signed by Judge Ron Clark on 8/16/17. (tkd, ) [Transferred from Texas Eastern on 12/6/2017.]
August 10, 2017 Opinion or Order Filing 90 MOTION to Compel by Personal Audio LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Parrish, William) (Additional attachment(s) added on 8/14/2017: #8 Proposed Order) (tkd, ). [Transferred from Texas Eastern on 12/6/2017.]
August 1, 2017 Opinion or Order Filing 89 PAPER TRANSCRIPT REQUEST by Personal Audio LLC for proceedings held on 6/19/2017, 7/21/2017 status conferences before Judge Ron Clark. (Yang, Minghui) [Transferred from Texas Eastern on 12/6/2017.]
July 26, 2017 Opinion or Order Filing 88 Sealed Transcript of 7/21/2017 Status Conference (Chris Bickham, chris_bickham@txed.uscourts.gov) [Transferred from Texas Eastern on 12/6/2017.]
July 21, 2017 Opinion or Order Filing 87 Minute Entry for proceedings held before Judge Ron Clark: Status Conference held on 7/21/2017. The following deadlines were set: Personal Audio to serve 30b6 deposition notices re: topics discussed in the status conference on Google on or before Wednesday, July, 26, 2017. Googles 30b6 deposition to be taken on or before August 16, 2017. Personal Audio's response to Googles Motion to Transfer (Dkt. #73) due on or before September 13, 2017. Any reply by Google due on or before October 4, 2017. (Court Reporter Chris Bickham.) (fal, ) Modified on 7/25/2017 (tkd, ). [Transferred from Texas Eastern on 12/6/2017.]
July 20, 2017 Opinion or Order Filing 86 STATUS REPORT (PUBLIC VERSION) by Personal Audio 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)(Hahn, Douglas) Modified on 7/21/2017 (tkd, ). [Transferred from Texas Eastern on 12/6/2017.]
July 20, 2017 Opinion or Order Filing 85 Sealed STATUS REPORT to the Court by Personal Audio 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)(Hahn, Douglas) Modified on 7/21/2017 (tkd, ). [Transferred from Texas Eastern on 12/6/2017.]
July 7, 2017 Opinion or Order Filing 84 NOTICE of Compliance by Google, Inc. re #80 Order (Sano, Jeannine) Modified on 7/10/2017 (tkd, ). [Transferred from Texas Eastern on 12/6/2017.]
June 23, 2017 Opinion or Order Filing 83 ORDER granting #82 Motion for attorney Nicole E Glauser to withdraw as counsel for Personal Audio LLC. Signed by Judge Ron Clark on 6/23/17. (tkd, ) [Transferred from Texas Eastern on 12/6/2017.]
June 21, 2017 Opinion or Order Filing 82 Unopposed MOTION to Withdraw as Attorney for Personal Audio LLC (Glauser) by Personal Audio LLC. (Attachments: #1 Text of Proposed Order)(Glauser, Nicole) [Transferred from Texas Eastern on 12/6/2017.]
June 21, 2017 Opinion or Order Filing 81 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Status Conference held on June 19, 2017 before Judge Ron Clark. Court Reporter: Christina Bickham,Telephone number: 409-654-2891, chris.bickham@yahoo.com.

< 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 7/17/2017. Redacted Transcript Deadline set for 7/27/2017. Release of Transcript Restriction set for 9/22/2017. (Chris Bickham, ) [Transferred from Texas Eastern on 12/6/2017.]

June 20, 2017 Opinion or Order Filing 80 ORDER Setting Hearing and Continuing Deadlines. A telephone Status Conference is set for 7/21/2017 at 10:00 AM before Judge Ron Clark. The parties are directed to supply venue-related discovery requests to the Court. The deadline for pltf to respond to deft's #73 Motion to Dismiss is continued until further order of the Court. All other deadlines in the current scheduling order, including claim construction briefing deadlines, and all other discovery not related to venue, are stayed pending resolution of the venue dispute. Signed by Judge Ron Clark on 6/20/17. (tkd, ) [Transferred from Texas Eastern on 12/6/2017.]
June 19, 2017 Opinion or Order Filing 79 Minute Entry for proceedings held before Judge Ron Clark: Status Conference held on 6/19/2017. (Court Reporter Chris Bickham.) (fal, ) [Transferred from Texas Eastern on 12/6/2017.]
June 13, 2017 Opinion or Order Filing 78 ORDER granting #74 Emergency MOTION for an Amended Briefing Schedule to Allow for Venue Discovery and Leave to File an Amended Complaint filed by Personal Audio LLC. Ordered that Personal Audio's deadline to respond to Google's #73 motion to dismiss is continued from 6/13/2017, to 6/30/2017. Status Conference set for 6/19/2017 01:30 PM in Ctrm 2 (Beaumont) before Judge Ron Clark. Ordered that all other deadlines in the Scheduling Order (Dkt 52), including those related to claim construction briefing, are stayed until further notice by the court. Signed by Judge Ron Clark on 6/13/2017. (bjc, ) [Transferred from Texas Eastern on 12/6/2017.]
June 12, 2017 Opinion or Order Filing 77 RESPONSE in Opposition to #74 Emergency MOTION for an Amended Briefing Schedule to Allow for Venue Discovery and Leave to File an Amended Complaint filed by Google, Inc.. (Attachments: #1 Exhibit A, #2 Proposed Order)(Heartfield, J) [Transferred from Texas Eastern on 12/6/2017.]
June 9, 2017 Opinion or Order Filing 76 Joint Claim Construction and Prehearing Statement by Personal Audio LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(Yang, Minghui) [Transferred from Texas Eastern on 12/6/2017.]
June 7, 2017 Opinion or Order Filing 75 ORDER Regarding Expedited Briefing on #74 Emergency MOTION for an Amended Briefing Schedule to Allow for Venue Discovery and Leave to File an Amended Complaint filed by Personal Audio LLC. Signed by Judge Ron Clark on 6/7/17. (tkd, ) [Transferred from Texas Eastern on 12/6/2017.]
June 6, 2017 Opinion or Order Filing 74 Emergency MOTION for an Amended Briefing Schedule to Allow for Venue Discovery and Leave to File an Amended Complaint by Personal Audio LLC. (Attachments: #1 Affidavit Declaration of Salil Bali ISO Emergency Motion, #2 Exhibit 1 to Declaration of Bali, #3 Exhibit 2 to Declaration of Bali, #4 Text of Proposed Order)(Hahn, Douglas) Modified on 6/7/2017 (tkd, ). [Transferred from Texas Eastern on 12/6/2017.]
May 30, 2017 Opinion or Order Filing 73 MOTION to Dismiss by Google, Inc.. (Attachments: #1 Proposed Order)(Heartfield, J) [Transferred from Texas Eastern on 12/6/2017.]
May 26, 2017 Opinion or Order Filing 72 NOTICE by Google, Inc. of Compliance re P.R. 4-2 Disclosures (Xu, Jason) [Transferred from Texas Eastern on 12/6/2017.]
May 15, 2017 Opinion or Order Filing 71 ORDER denying #42 Motion to Dismiss the Amended Complaint. Defendant is directed to respond to the Amended Complaint pursuant to the deadlines provided by the Federal Rules of Civil Procedure and any relevant Local Rules. Signed by Judge Ron Clark on 5/15/17. (tkd, ) [Transferred from Texas Eastern on 12/6/2017.]
May 11, 2017 Opinion or Order Filing 70 NOTICE of Compliance by Personal Audio LLC (Yang, Minghui) Modified on 5/12/2017 (tkd, ). [Transferred from Texas Eastern on 12/6/2017.]
May 11, 2017 Opinion or Order Filing 69 NOTICE of Compliance by Google, Inc. (Krause, Eric) Modified on 5/12/2017 (tkd, ). [Transferred from Texas Eastern on 12/6/2017.]
April 27, 2017 Opinion or Order Filing 68 NOTICE of Disclosure by Google, Inc. (Xu, Jason) Modified on 4/28/2017 (tkd, ). [Transferred from Texas Eastern on 12/6/2017.]
April 20, 2017 Opinion or Order Filing 67 SUR-REPLY to Reply to Response to Motion re #42 MOTION to Dismiss Personal Audio's Amended Complaint filed by Personal Audio LLC. (Yang, Minghui) [Transferred from Texas Eastern on 12/6/2017.]
April 20, 2017 Opinion or Order Filing 66 ORDER denying #41 Motion to Transfer pursuant to 28 USC 1404(a). Order also granting #60 and #63 Motions for Leave to Exceed Page Limits. Signed by Judge Ron Clark on 4/20/17. (tkd, ) [Transferred from Texas Eastern on 12/6/2017.]
April 13, 2017 Opinion or Order Filing 65 REPLY to Response to Motion re #42 MOTION to Dismiss Personal Audio's Amended Complaint filed by Google, Inc.. (Attachments: #1 Exhibit A - Plaintiff's Resp. to Requests for Admission, #2 Exhibit B - Plaintiff's Resp to Requests for Production)(Xu, Jason) [Transferred from Texas Eastern on 12/6/2017.]
April 12, 2017 Opinion or Order Filing 64 SUR-REPLY to Reply to Response to Motion re #41 SEALED MOTION to Transfer filed by Personal Audio LLC. (Attachments: #1 Affidavit of C. Call, #2 Affidavit of B. Liddle)(Hahn, Douglas) [Transferred from Texas Eastern on 12/6/2017.]
April 12, 2017 Opinion or Order Filing 63 Unopposed MOTION for Leave to File Excess Pages in its Sur-Reply ISO Opposition to Motion to Transfer by Personal Audio LLC. (Attachments: #1 Text of Proposed Order)(Hahn, Douglas) [Transferred from Texas Eastern on 12/6/2017.]
April 7, 2017 Opinion or Order Filing 62 NOTICE of Status of PTAB Rehearing and Federal Circuit Appeals by Google, Inc. re #31 Order (Attachments: #1 Exhibit A - 2017-03-28 IPR2015-00846 Order Denying Req for Rehrg, #2 Exhibit B - 2017-01-31 Order Granting Mtn to DeActivate Appeal, #3 Exhibit C - Jt. Resp to Fed Cir Order ECF No. 19)(Miniovich, Leon) Modified on 4/10/2017 (tkd, ). [Transferred from Texas Eastern on 12/6/2017.]
April 6, 2017 Opinion or Order Filing 61 SEALED REPLY to Response to Motion re #41 SEALED MOTION to Transfer, filed by Google, Inc. (Attachments: #1 Affidavit of Eric Krause, #2 Exhibit O - Map IAH to Beaumont, #3 Exhibit O-1 - From IAH Uber Fare Estimate, #4 Exhibit O-2 From Beaumont Uber Fare Estimate, #5 Exhibit O-3 - IAH Auto Rental, #6 Exhibit P - Map SFO to San Francisco, #7 Exhibit P-1 - From SFO Uber Fare Estimate, #8 Exhibit P-2 - From Courthouses Uber Fare Estimate, #9 Exhibit P-3 - SFO Auto Rental, #10 Exhibit Q - Beaumont Chain Hotels, #11 Exhibit Q-1 - San Jose Chain Hotels, #12 Exhibit Q-2 San Francisco Chain Hotels, #13 Exhibit Q-3 - Oakland Chain Hotels, #14 Exhibit R - Flights to IAH, #15 Exhibit R-1 - Flights to SFO)(Krause, Eric) Modified on 4/6/2017 (tkd, ). [Transferred from Texas Eastern on 12/6/2017.]
April 6, 2017 Opinion or Order Filing 60 Unopposed MOTION for Leave to File Excess Pages for Reply Brief in Support of Motion to Transfer by Google, Inc.. (Attachments: #1 Text of Proposed Order)(Krause, Eric) [Transferred from Texas Eastern on 12/6/2017.]
April 5, 2017 Opinion or Order Filing 58 Per chambers, a motion to withdraw was not necessary. Construed as a Notice of Withdrawal.Unopposed MOTION to Withdraw #53 Response in Opposition to Motion to Dismiss, filed by Personal Audio LLC. (Attachments: #1 Proposed Order)(Goehringer, Charles) Modified on 4/6/2017 (tkd, ). [Transferred from Texas Eastern on 12/6/2017.]
April 4, 2017 Opinion or Order Filing 57 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Case Management Conference held on 3/24/2017 before Judge Ron Clark. Court Reporter: Christina Bickham,Telephone number: 409-654-2891.

< 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 4/28/2017. Redacted Transcript Deadline set for 5/8/2017. Release of Transcript Restriction set for 7/6/2017. (Chris Bickham, ) [Transferred from Texas Eastern on 12/6/2017.]

March 31, 2017 Opinion or Order Filing 56 NOTICE of Attorney Appearance by Minghui Yang on behalf of Personal Audio LLC (Yang, Minghui) [Transferred from Texas Eastern on 12/6/2017.]
March 31, 2017 Opinion or Order Filing 55 NOTICE of Attorney Appearance by Victor G Hardy on behalf of Personal Audio LLC (Hardy, Victor) [Transferred from Texas Eastern on 12/6/2017.]
March 30, 2017 Opinion or Order Filing 54 RESPONSE in Opposition re #42 MOTION to Dismiss Personal Audio's Amended Complaint filed by Personal Audio LLC. (Attachments: #1 Affidavit Declaration Of Minghui Yang In Support Of Personal Audio LLCs Response In Opposition To Google Inc.s Motion To Dismiss, #2 Exhibit A - 076-v-Google Pixel C, #3 Exhibit B - 178-v-Google Pixel C, #4 Exhibit C - 076-v-Google Play, #5 Exhibit D - 178-v-Google Play, #6 Exhibit E - 076-v-Google Play new, #7 Exhibit F - 178-v-Google Play new, #8 Exhibit G - Attachment A Products, #9 Exhibit H - 076 v Generic Device, #10 Exhibit I - 178 v Generic Device, #11 Exhibit J - 258 - Apple Markman Order, #12 Exhibit K - 292 - Apple MSJ denial (Markman Order2), #13 Exhibit L - 222 Joint mtn to dismiss Fujitsu, #14 Exhibit M - Solocon v Healthstream, #15 Exhibit N - MAZ Encription v Blackberry, #16 Exhibit O - Script Security, #17 Exhibit P - Order denying defendants motion, #18 Affidavit Declaration Of Brad Liddle In Support Of Personal Audio LLCs Response In Opposition To Google Inc.s Motion To Dismiss, #19 Affidavit Declaration Of Erin Davis In Support Of Personal Audio LLCs Response In Opposition To Google Inc.s Motion To Dismiss, #20 Text of Proposed Order [Proposed] Order Denying Defendant Google, Inc.s Motion To Dismiss)(Hahn, Douglas) [Transferred from Texas Eastern on 12/6/2017.]
March 30, 2017 Opinion or Order Filing 53 Withdrawn by #58 Notice.RESPONSE in Opposition re #42 MOTION to Dismiss Personal Audio's Amended Complaint filed by Personal Audio LLC. (Hahn, Douglas) Modified on 4/6/2017 (tkd, ). [Transferred from Texas Eastern on 12/6/2017.]
March 27, 2017 Opinion or Order Filing 52 SCHEDULING ORDER setting various deadlines. Markman/Claim Construction Hearing set for 9/21/2017 at 10:00 AM. Final Pretrial Conference set for 7/12/2018 at 9:00 AM. Jury Selection/Trial set for 7/16/2018 at 9:00 AM. Signed by Judge Ron Clark on 3/24/17. (tkd, ) [Transferred from Texas Eastern on 12/6/2017.]
March 27, 2017 Opinion or Order Filing 51 AMENDED PROTECTIVE ORDER. Signed by Judge Ron Clark on 3/24/17. (tkd, ) [Transferred from Texas Eastern on 12/6/2017.]
March 27, 2017 Opinion or Order Filing 50 ESI ORDER. Signed by Judge Ron Clark on 3/24/17. (tkd, ) [Transferred from Texas Eastern on 12/6/2017.]
March 24, 2017 Opinion or Order Filing 49 Minute Entry for proceedings held before Judge Ron Clark: Case Management Conference held on 3/24/2017. (Court Reporter Chris Bickham.) (fal, ) [Transferred from Texas Eastern on 12/6/2017.]
March 23, 2017 Opinion or Order Filing 48 SEALED RESPONSE to Motion re #41 SEALED MOTION to Transfer filed by Personal Audio LLC. (Attachments: #1 Affidavit Declaration of Brad Liddle, #2 Exhibit A to Decl of Brad Liddle, #3 Exhibit B to Decl of Brad Liddle, #4 Exhibit C to Decl of Brad Liddle, #5 Exhibit D to Decl of Brad Liddle, #6 Text of Proposed Order)(Hahn, Douglas) [Transferred from Texas Eastern on 12/6/2017.]
March 17, 2017 Opinion or Order Filing 46 REPORT of Rule 26(f) Planning Meeting. (Attachments: #1 Exhibit A - Joint 26(f) Schedule)(Krause, Eric) [Transferred from Texas Eastern on 12/6/2017.]
March 14, 2017 Opinion or Order Filing 45 ORDER granting #43 Motion to extend response time. Pltf's response to #41 Motion to Transfer is due 3/23/17; deft's reply is due 4/6/17. Pltf's response to #42 Motion to Dismiss is due 3/30/2017; deft's reply is due 4/13/2017. Signed by Judge Ron Clark on 3/14/17. (tkd, ) [Transferred from Texas Eastern on 12/6/2017.]
March 10, 2017 Opinion or Order Filing 44 ORDER granting #28 Motion for John David Saba, Jr to withdraw as counsel for Personal Audio LLC. Signed by Judge Ron Clark on 3/10/17. (tkd, ) [Transferred from Texas Eastern on 12/6/2017.]
March 10, 2017 Opinion or Order Filing 43 Unopposed MOTION for Extension of Time to File Response/Reply as to #41 SEALED MOTION to Transfer, #42 MOTION to Dismiss Personal Audio's Amended Complaint by Personal Audio LLC. (Attachments: #1 Text of Proposed Order)(Hahn, Douglas) [Transferred from Texas Eastern on 12/6/2017.]
March 9, 2017 Opinion or Order Filing 42 MOTION to Dismiss Personal Audio's Amended Complaint by Google, Inc.. (Attachments: #1 Text of Proposed Order)(Xu, Jason) [Transferred from Texas Eastern on 12/6/2017.]
March 2, 2017 Opinion or Order Filing 41 SEALED MOTION to Transfer by Google, Inc.. (Attachments: #1 Affidavit Decl. of R. Harding, #2 Affidavit Decl. of E. Krause, #3 Exhibit A to Krause Decl. - Alphabet 2016 10K, #4 Exhibit B to Krause Decl. - 076 Assignment History, #5 Exhibit C to Krause Decl. - 178 Assignment History, #6 Exhibit D to Krause Decl. - Logan LinkedIn, #7 Exhibit E to Krause Decl. - Goessling LinkedIn, #8 Exhibit F to Krause Decl. - C. Call Atty Reg, #9 Exhibit G to Krause Decl. - Call LinkedIn, #10 Exhibit H to Krause Decl. - Baker Article, #11 Exhibit I to Krause Decl. - Baker LinkedIn, #12 Exhibit J to Krause Decl. - PA Tax Status, #13 Exhibit K to Krause Decl. - Liddle LinkedIn, #14 Exhibit L to Krause Decl. - Press Release, #15 Exhibit M to Krause Decl. - Order Granting Writ, #16 Exhibit N to Krause Decl. - Req for Rehearing, #17 Text of Proposed Order)(Krause, Eric) Modified on 3/3/2017 (tkd, ). [Transferred from Texas Eastern on 12/6/2017.]
February 22, 2017 Opinion or Order Filing 39 ORDER denying as moot #32 Motion to Dismiss. Deft is directed to respond to #38 Amended Complaint by filing a responsive pleading or a new Rule 12(b) motion by 3/9/2017. Signed by Judge Ron Clark on 2/21/17. (tkd, ) [Transferred from Texas Eastern on 12/6/2017.]
February 16, 2017 Opinion or Order Filing 38 AMENDED COMPLAINT against Google, Inc., filed by Personal Audio LLC. (Attachments: #1 Exhibit Attachment A, #2 Exhibit Attachment B)(Hahn, Douglas) [Transferred from Texas Eastern on 12/6/2017.]
February 8, 2017 Opinion or Order Filing 37 ORDER granting #36 Agreed Motion to extend time for pltf to respond to #32 Motion to Dismiss and for Rule 26(f) attorney conference. Response to motion is due by 2/23/2017. Rule 26(f) attorney conference must occur by 3/7/2017. Additional deadlines are listed herein. Signed by Judge Ron Clark on 2/8/17. (tkd, ) [Transferred from Texas Eastern on 12/6/2017.]
February 7, 2017 Opinion or Order Filing 36 Agreed MOTION to Extend Time to Respond to #32 Motion to Dismiss and for Rule 26(f) Attorney Conference by Personal Audio LLC. (Attachments: #1 Text of Proposed Order)(Goehringer, Charles) Modified on 2/8/2017 (tkd, ). [Transferred from Texas Eastern on 12/6/2017.]
February 6, 2017 Opinion or Order Filing 35 ORDER granting #34 Motion for Stefanie Tina Scott to withdraw as counsel for Personal Audio LLC. Signed by Judge Ron Clark on 2/3/17. (tkd, ) [Transferred from Texas Eastern on 12/6/2017.]
February 3, 2017 Opinion or Order Filing 34 Unopposed MOTION to Withdraw as Attorney by Personal Audio LLC. (Attachments: #1 Text of Proposed Order)(Scott, Stefanie) [Transferred from Texas Eastern on 12/6/2017.]
January 31, 2017 Opinion or Order Filing 33 ORDER GOVERNING PROCEEDINGS and PROTECTIVE ORDER. Rule 26(f) attorney conference must occur by 2/21/2017. Rule 16 Management/Scheduling Conference set for 3/23/2017 at 9:00 AM in Ctrm 2 (Beaumont) before Judge Ron Clark. Signed by Judge Ron Clark on 1/31/17. (tkd, ) [Transferred from Texas Eastern on 12/6/2017.]
January 26, 2017 Opinion or Order Filing 32 MOTION to Dismiss by Google, Inc.. (Attachments: #1 Text of Proposed Order)(Miniovich, Leon) [Transferred from Texas Eastern on 12/6/2017.]
January 12, 2017 Opinion or Order Filing 31 ORDER granting #26 Motion to Lift the Stay. Google is directed to respond to the complaint within 21 days. The parties are also directed to update the court with the status of the PTAB rehearing and any appeals every 90 days, and within 10 days of any final determination. Signed by Judge Ron Clark on 1/11/17. (tkd, ) [Transferred from Texas Eastern on 12/6/2017.]
November 2, 2016 Opinion or Order Filing 30 SUR-REPLY to Reply to Response to Motion re #26 MOTION to Lift Stay filed by Google, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Xu, Jason) [Transferred from Texas Eastern on 12/6/2017.]
October 27, 2016 Opinion or Order Filing 29 REPLY to Response to Motion re #26 MOTION to Lift Stay filed by Personal Audio LLC. (Attachments: #1 Affidavit of Douglas Hahn, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7)(Hahn, Douglas) [Transferred from Texas Eastern on 12/6/2017.]
October 27, 2016 Opinion or Order Filing 28 Unopposed MOTION for John Saba to Withdraw as Attorney by Personal Audio LLC. (Attachments: #1 Text of Proposed Order)(Saba, John) Modified on 10/28/2016 (tkd, ). [Transferred from Texas Eastern on 12/6/2017.]
October 17, 2016 Opinion or Order Filing 27 RESPONSE in Opposition re #26 MOTION to Lift Stay filed by Google, Inc.. (Attachments: #1 Exhibit 1 - Request for Rehearing, #2 Exhibit 2 - Safe Storage Order)(Xu, Jason) [Transferred from Texas Eastern on 12/6/2017.]
September 27, 2016 Opinion or Order Filing 26 MOTION to Lift Stay by Personal Audio LLC. (Attachments: #1 Text of Proposed Order)(Hahn, Douglas) [Transferred from Texas Eastern on 12/6/2017.]
September 27, 2016 Opinion or Order Filing 25 NOTICE of Attorney Appearance by James P Gagen on behalf of Google, Inc. (Gagen, James) [Transferred from Texas Eastern on 12/6/2017.]
September 23, 2016 Opinion or Order Filing 24 FILED IN ERROR. Replaced by doc #26. MOTION to Lift Stay by Personal Audio LLC. (Attachments: #1 Text of Proposed Order)(Hahn, Douglas) Modified on 9/28/2016 (tkd, ). Modified on 9/28/2016 (tkd, ). [Transferred from Texas Eastern on 12/6/2017.]
September 12, 2016 Opinion or Order Filing 23 STATUS REPORT (Fourth) Regarding Inter Partes Review by Google, Inc.. (Attachments: #1 Exhibit A - IPR 2015-845 Final Written Decision, #2 Exhibit B - IPR 2015-846 Final Written Decision)(Sano, Jeannine) [Transferred from Texas Eastern on 12/6/2017.]
September 8, 2016 Opinion or Order Filing 22 NOTICE of Attorney Appearance by Douglas Q Hahn on behalf of Personal Audio LLC (Hahn, Douglas) [Transferred from Texas Eastern on 12/6/2017.]
September 8, 2016 Opinion or Order Filing 21 NOTICE of Attorney Appearance by Stefanie Tina Scott on behalf of Personal Audio LLC (Scott, Stefanie) [Transferred from Texas Eastern on 12/6/2017.]
August 1, 2016 Opinion or Order Filing 20 THIRD STATUS REPORT Regarding Inter Partes Review by Google, Inc. (Heartfield, J) Modified on 8/2/2016 (tkd, ). [Transferred from Texas Eastern on 12/6/2017.]
May 2, 2016 Opinion or Order Filing 19 Second STATUS REPORT Regarding Inter Partes Review Proceedings IPR2015-00845 and IPR2015-00846 by Google, Inc. (Heartfield, J) Modified on 5/3/2016 (tkd, ). [Transferred from Texas Eastern on 12/6/2017.]
January 29, 2016 Opinion or Order Filing 18 STATUS REPORT Regarding Inter Partes Review Proceedings IPR2015-00845 and IPR2015-00846 by Google, Inc.. (Heartfield, J) [Transferred from Texas Eastern on 12/6/2017.]
November 3, 2015 Opinion or Order Filing 17 ORDER granting #9 Motion to stay pending inter partes review. The parties are directed to update the court with the status of the proceedings every 90 days and within 10 days of the completion of the review. Signed by Judge Ron Clark on 11/3/15. (tkd, ) [Transferred from Texas Eastern on 12/6/2017.]
October 26, 2015 Opinion or Order Filing 16 REPLY to Response to Motion re #9 MOTION to Stay Case Pending Inter Partes Review filed by Google, Inc.. (Attachments: #1 Exhibit I - USPTO.gov article, #2 Exhibit J - USDC NDCA, No. 15-966, ECF No. 116)(Miniovich, Leon) [Transferred from Texas Eastern on 12/6/2017.]
October 16, 2015 Opinion or Order Filing 15 RESPONSE in Opposition re #9 MOTION to Stay Case Pending Inter Partes Review filed by Personal Audio LLC. (Attachments: #1 Declaration of Bradley Liddle, #2Declaration of John Saba, #3 Exh 1 to Saba Decl - Final Judgment PA v. Apple, #4 Exh 2 to Saba Decl - PTO Notice to Issue Cert, #5 Exh 3 to Saba Decl - PTO Decision Dismissing Re-Exam, #6 Exh 4 to Saba Decl - Correspondence, #7 Exh 5 to Saba Decl - Subpoena to Google, #8 Exh 6 to Saba Decl - Correspondence, #9 Proposed Order)(Hahn, Douglas) Modified on 10/19/2015 (tkd, ). [Transferred from Texas Eastern on 12/6/2017.]
October 15, 2015 Opinion or Order Filing 14 CORPORATE DISCLOSURE STATEMENT filed by Google, Inc. Corporate Parent: Alphabet Inc. (Wang, Allen) Modified on 10/16/2015 (tkd, ). [Transferred from Texas Eastern on 12/6/2017.]
October 9, 2015 Opinion or Order Filing 13 Defendant's Unopposed Second Application for Extension of Time to Answer Complaint re Google, Inc. ( Heartfield, J) [Transferred from Texas Eastern on 12/6/2017.]
October 9, 2015 Opinion or Order Filing 12 Defendant's Unopposed First Application for Extension of Time to Answer Complaint re Google, Inc. ( Heartfield, J) [Transferred from Texas Eastern on 12/6/2017.]
October 9, 2015 Opinion or Order Filing 11 ***FILED IN ERROR. PLEASE IGNORE.*** Agreed MOTION for Extension of Time to File Answer re #1 Complaint , or Otherwise Respond, by Google, Inc.. (Attachments: #1 Proposed Order)(Heartfield, J) Modified on 10/9/2015 (bjc, ). [Transferred from Texas Eastern on 12/6/2017.]
September 30, 2015 Opinion or Order Filing 10 NOTICE of Attorney Appearance by J Thad Heartfield on behalf of Google, Inc. (Heartfield, J) [Transferred from Texas Eastern on 12/6/2017.]
September 29, 2015 Opinion or Order Filing 9 MOTION to Stay Case Pending Inter Partes Review by Google, Inc.. (Attachments: #1 Exhibit A - Institution Decision 178, #2 Exhibit B - Institution Decision 076, #3 Exhibit C - Scheduling Order 178, #4 Exhibit D - Scheduling Order 076, #5 Exhibit E - PTO Statistics, #6 Exhibit F - Microsoft 178 Petitions, #7 Exhibit G - Microsoft 076 Petition, #8 Exhibit H - Microsoft Termination Orders, #9 Text of Proposed Order)(Xu, Jason) [Transferred from Texas Eastern on 12/6/2017.]
September 25, 2015 Opinion or Order Filing 8 NOTICE of Attorney Appearance - Pro Hac Vice by Jared A Veliz on behalf of Personal Audio LLC. Filing fee $ 100, receipt number 0540-5408669. (Veliz, Jared) [Transferred from Texas Eastern on 12/6/2017.]
September 25, 2015 Opinion or Order Filing 7 NOTICE of Attorney Appearance - Pro Hac Vice by Salil Bali on behalf of Personal Audio LLC. Filing fee $ 100, receipt number 0540-5408546. (Bali, Salil) [Transferred from Texas Eastern on 12/6/2017.]
September 16, 2015 Opinion or Order Filing 6 NOTICE of Attorney Appearance by Nicole E Glauser on behalf of Personal Audio LLC (Glauser, Nicole) [Transferred from Texas Eastern on 12/6/2017.]
September 16, 2015 Opinion or Order Filing 5 NOTICE of Attorney Appearance by John David Saba, Jr on behalf of Personal Audio LLC (Saba, John) [Transferred from Texas Eastern on 12/6/2017.]
September 16, 2015 Opinion or Order In accordance with the provisions of 28 USC Section 636(c), you are hereby notified that a U.S. Magistrate Judge of this district court is available to conduct any or all proceedings in this case including a jury or non-jury trial and to order the entry of a final judgment. The form #Consent to Proceed Before Magistrate Judge is available on our website. All signed consent forms, excluding pro se parties, should be filed electronically using the event Notice Regarding Consent to Proceed Before Magistrate Judge. (aam, ) [Transferred from Texas Eastern on 12/6/2017.]
September 15, 2015 Opinion or Order Filing 4 DEMAND for Trial by Jury by Personal Audio LLC. (Parrish, William) [Transferred from Texas Eastern on 12/6/2017.]
September 15, 2015 Opinion or Order Filing 3 CORPORATE DISCLOSURE STATEMENT filed by Personal Audio LLC (Parrish, William) [Transferred from Texas Eastern on 12/6/2017.]
September 15, 2015 Opinion or Order Filing 2 Notice of Filing of Patent/Trademark Form (AO 120). AO 120 mailed to the Director of the U.S. Patent and Trademark Office. (Parrish, William) [Transferred from Texas Eastern on 12/6/2017.]
September 15, 2015 Opinion or Order Filing 1 COMPLAINT against Google, Inc. ( Filing fee $ 400 receipt number 0540-5390915.), filed by Personal Audio LLC. (Attachments: #1 Civil Cover Sheet)(Parrish, William) [Transferred from Texas Eastern on 12/6/2017.]

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Search for this case: Personal Audio LLC v. Google LLC
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Plaintiff: Personal Audio LLC
Represented By: Michael J. Farnan
Represented By: Brian E. Farnan
Represented By: R. Floyd Walker
Represented By: Douglas Q. Hahn
Represented By: Victor G. Hardy
Represented By: William M. Parrish
Represented By: Salil Bali
Represented By: Minghui Yang
Represented By: Henning Schmidt
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Defendant: Google, Inc.
Represented By: Brian P. Egan
Represented By: Jack B. Blumenfeld
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Defendant: Google LLC
Represented By: Brian P. Egan
Represented By: Jack B. Blumenfeld
Represented By: Melissa J. Baily
Represented By: Jeannine Y. Sano
Represented By: Antonio R. Sistos
Represented By: Jennifer A. Ward
Represented By: David A. Perlson
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