Personal Audio LLC v. Google LLC
| Personal Audio LLC |
| Google, Inc. and Google LLC |
| 1:2017cv01751 |
| December 6, 2017 |
| US District Court for the District of Delaware |
| Wilmington Office |
| XX US, Outside State |
| Vacant Judgeship (2017) |
| Christopher J Burke |
| Colm F Connolly |
| Patent |
| 35 U.S.C. § 271 Patent Infringement |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 5, 2023. A more recent docket listing may be available from PACER.
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Filing 788
Letter to The Honorable Colm F. Connolly from Brian P. Egan regarding response to Plaintiff's April 24, 2023 letter - re #787 Letter. (Egan, Brian)
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ORAL ORDER re #787 Letter, ORDER Setting Teleconference: Counsel for Plaintiff shall coordinate the call and email the dial-in information to chambers. ( A Telephone Conference is set for 4/26/2023 at 02:00 PM before Judge Colm F. Connolly.) Ordered by Judge Colm F. Connolly on 4/25/2023. (nmf)
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Filing 787
Letter to The Honorable Colm F. Connolly from Rosemary J. Piergiovanni regarding Request for Status Conference and Substitution of Deceased Expert Witness. (Piergiovanni, Rosemary)
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Filing 786
NOTICE of Appearance by Cameron Paul Clark on behalf of Google LLC (Clark, Cameron)
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Filing 785
MEMORANDUM ORDER: Google's "Objections to the Magistrate Judge's Memorandum Order Regarding Motion to Preclude Expert Testimony as to 'Sequencing File' Limitation (D.I. #720 )," D.I. #741 , are DENIED. Signed by Judge Colm F. Connolly on 4/4/2023. (nmf)
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Filing 784
MEMORANDUM ORDER: Personal Audio's "Objection to Magistrate Judge's Order Re Motion for Adverse Inference" (D.I. #697 ) is OVERRULED. Signed by Judge Colm F. Connolly on 4/4/2023. (nmf)
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Filing 783
ORDER OVERRULING D.I. #725 Objections to the Magistrate Judge's Order filed by Personal Audio LLC. Signed by Judge Colm F. Connolly on 4/4/2023. (nmf)
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ORAL ORDER: Due to a conflict in the Court's calendar, the Final Pretrial Conference is rescheduled for 6/1/2023 at 10:00 AM in Courtroom 4B before Judge Colm F. Connolly. Ordered by Judge Colm F. Connolly 2/8/2023. (nmf)
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Filing 782
REDACTED VERSION of #688 Memorandum and Order. (dlb)
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Filing 781
Redaction of #687 Transcript (dlb)
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Filing 780
REDACTED VERSION of #706 REPORT AND RECOMMENDATIONS re #552 MOTION for Summary Judgment of Non-Infringement as to Accused Third-Party Products Pursuant to 35 U.S.C. 271(a), 271(b), 271(c), and 271(f) filed by Google LLC.. (dlb)
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Filing 779
REDACTED VERSION of #713 REPORT AND RECOMMENDATIONS re #555 MOTION to Preclude Expert Testimony MOTION for Summary Judgment of Non-Infringement as to File filed by Google LLC. Please note that when filing Objections pursuant to Federal Rule of Civil Proce. (dlb)
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Filing 778
ORAL ORDER: In light of the Court's December 1, 2022 Order, (D.I. 777), the Court hereby ORDERS that by no later than December 8, 2022, Defendant's counsel shall submit by email to the Court's Courtroom Deputy, Deborah Benyo, the redacted versions of the transcript and opinions at issue as individual attachments in pdf format. Ordered by Judge Christopher J. Burke on 12/7/2022. (dlb)
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Filing 777
ORDER granting unopposed #762 MOTION to Redact certain documents. Signed by Judge Christopher J. Burke on 12/1/2022. (dlb)
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Filing 776
Official Transcript of Status Conference held on 9/30/2022 before Chief Judge Connolly. Court Reporter/Transcriber Bonnie Archer,Email: bonnie_archer@ded.uscourts.gov. Transcript may be viewed at the court public terminal or order/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 10/24/2022. Redacted Transcript Deadline set for 11/3/2022. Release of Transcript Restriction set for 1/3/2023. (nmf)
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ORAL ORDER Setting Scheduling Order Deadlines: ( A Final Pretrial Conference is set for 5/24/2023 at 03:00 PM in Courtroom 4B before Judge Colm F. Connolly., Proposed Pretrial Order due by 5/3/2023., A Jury Trial is set for 6/12/2023 at 08:30 AM in Courtroom 4B before Judge Colm F. Connolly.) Ordered by Judge Colm F. Connolly on 9/30/2022. (nmf)
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Minute Entry for proceedings held before Judge Colm F. Connolly - Telephone Conference held on 9/30/2022. (Court Reporter Bonnie Archer.) (nmf)
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Filing 775
Letter to Chief Judge Connolly from Rosemary Piergiovanni regarding conflict with trial date. (Piergiovanni, Rosemary)
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ORAL ORDER re #774 Letter, ORDER Setting Teleconference: Counsel for Plaintiff to coordinate the call and email the dial-in information to chambers. (A Telephone Conference is set for 9/30/2022 at 12:00 PM before Judge Colm F. Connolly.) Ordered by Judge Colm F. Connolly on 9/28/2022. (nmf)
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Filing 774
Letter to The Honorable Colm F. Connolly from Rosemary J. Piergiovanni regarding Request for Pretrial Conference. (Piergiovanni, Rosemary)
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Filing 773
DECLARATION of Douglas Q. Hahn by Personal Audio LLC. (Farnan, Michael)
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Filing 772
Supplemental Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Personal Audio LLC. (Farnan, Michael)
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SO ORDERED, re #770 STIPULATION TO EXTEND TIME for Plaintiff to submit a declaration in response to the Court's August 3, 2022 Oral Order to 8/12/2022, filed by Personal Audio LLC. Set Deadlines: Notice of Compliance deadline set for 8/12/2022.Ordered by Judge Colm F. Connolly on 8/11/2022. (kmd)
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Filing 771
DECLARATION re #99 Disclosure Statement -- Declaration of Jeff Nardinelli Certifying Google's Compliance with Corporate Disclosure Statement Requirements -- by Google LLC. (Egan, Brian)
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Filing 770
STIPULATION TO EXTEND TIME for Plaintiff to submit a declaration in response to the Court's August 3, 2022 Oral Order to 8/12/2022 - filed by Personal Audio LLC. (Farnan, Brian)
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ORAL ORDER: It is HEREBY ORDERED that each party shall certify by a sworn declaration filed with the Court no later than August 10, 2022 that it has complied with the Court's April 18, 2022 Standing Order Regarding Disclosure Statements Required by Federal Rule of Civil Procedure 7.1. Ordered by Judge Colm F. Connolly on 8/3/2022. (nmf)
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Filing 769
STATEMENT Supplemental Disclosure Pursuant to Standing Order Regarding Third-Party Litigation Funding Arrangements by Personal Audio LLC. (Piergiovanni, Rosemary)
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Filing 768
Letter to The Honorable Colm F. Connolly from Brian P. Egan regarding the parties' position on magistrate consent. (Egan, Brian)
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Minute Entry for proceedings held before Judge Colm F. Connolly - Scheduling Conference held on 6/10/2022, Status Conference held on 6/10/2022. (Court Reporter Bonnie Archer.) (nmf)
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Filing 767
REDACTED VERSION of #766 Statement Plaintiff's Disclosure Pursuant to Standing Order Regarding Third-Party Litigation Funding Arrangements by Personal Audio LLC. (Piergiovanni, Rosemary)
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Filing 766
[SEALED] STATEMENT Plaintiff's Disclosure Pursuant to Standing Order Regarding Third-Party Litigation Funding Arrangements by Personal Audio LLC. (Piergiovanni, Rosemary)
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Filing 765
Joint STATUS REPORT by Personal Audio LLC. (Piergiovanni, Rosemary)
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ORAL ORDER: The 6/10/2022 In-Person Scheduling and Status Conference at 1:00 p.m. is rescheduled as a Telephonic Scheduling and Status Conference per unopposed request of Counsel for Defendant. Counsel for Defendant shall coordinate the call and email the dial-in information to chambers. Ordered by Judge Colm F. Connolly on 5/20/2022. (nmf)
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Reset Hearings: Due to a conflict in the Court's schedule, the Status Conference is re-set for 6/10/2022 at 01:00 PM in Courtroom 4B before Judge Colm F. Connolly (kmd)
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ORAL ORDER FOR STATUS REPORT: In accordance with the rescheduling of the In-Person Status and Scheduling Conference, the Status Report deadline is extended to May 24, 2022. (Status Report due by 5/24/2022.) Ordered by Judge Colm F. Connolly on 5/11/2022. (nmf)
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Reset Hearings: Per unopposed request of counsel, the In-Person Status and Scheduling Conference is rescheduled for 6/7/2022 at 12:00 PM in Courtroom 4B before Judge Colm F. Connolly. (nmf)
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Filing 764
ORDER, Setting Hearings( A Status and Scheduling Conference is set for 5/25/2022 at 03:30 PM in Courtroom 4B before Judge Colm F. Connolly), STATUS REPORT ORDER:( Status Report due by 5/12/2022.) Signed by Judge Colm F. Connolly on 5/5/2022. (nmf)
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CASE NO LONGER REFERRED to Magistrate Judge Burke for the purpose of exploring ADR. Please see the Court's Standing Order No. 2022-2 dated March 14, 2022. (dlb)
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Filing 763
REDACTED VERSION of #762 MOTION to Redact (Unopposed) re 761 Oral Order,,,,,,,,,,, by Google LLC. (Attachments: #1 Exhibits to Motion, #2 Exhibit 1)(Egan, Brian)
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MOTION REFERRED: #762 MOTION to Redact (Unopposed) re 761 Oral Order Motion referred to Magistrate Judge Christopher J. Burke.(nmf)
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Filing 762
[SEALED] MOTION to Redact (Unopposed) re 761 Oral Order,,,,,,,,,,, - filed by Google LLC. (Attachments: #1 Exhibits to Motion, #2 Exhibit 1 - True Declaration)(Egan, Brian)
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Filing 761
ORAL ORDER: The Court, having reviewed the pending motions seeking to redact portions of the September 22, 2021 motion hearing transcript and portions of certain of the Court's recent Memorandum Orders ("the Motions"), (D.I. 692; D.I. 699; D.I. 708; D.I. 722), hereby ORDERS that the Motions are DENIED without prejudice to renew. The Motions request significant amounts of redactions. Yet the parties do not seem to have been concerned about proposing redactions only to the least amount of material possible, (such as, for example, where they have proposed redacting certain references to "data structures[,]" (D.I. 722, ex. A at 4)), and they have repeatedly proposed redacting material that is already publicly available in redacted documents found on the docket, (for example, compare D.I. 692, ex. A at 2 (description of Plaintiff's infringement theory), with D.I. 576 at 3; compare D.I. 692, ex. A at 5, 7-8, 9 n.6, 13, 15 (references to server logs and content delivery records), with D.I. 576 at i, 8; D.I. 643 at 4, 5-6; compare D.I. 692, ex. A at 9 (citation to D.I. 613 at 3), with D.I. 658 at 3; compare D.I. 692, ex. A at 9 n.5 ("on a geographic basis with"), with D.I. 653 at 10 n.6; compare D.I. 692, ex. A at 14, with D.I. 653 at 4-5). Additionally, in the Motions, the parties summarize the general categories of information that they are seeking to redact. But as to those categories, it would be helpful to have more detailed assertions (supported by sworn affidavits or declarations if necessary) providing evidentiary support for the parties assertions that: (1) the information at issue is non-public and; (2) were it to become public, this would work a clearly defined and serious injury on one or both parties. In light of all this, the Court hereby ORDERS as follows: (1) By no later than March 29, 2022, the parties may file revised motions to redact.; (2) These revised motions shall include a chart that lists every proposed redaction sought in a left-hand-side column, and a detailed explanation of the rationale for the proposed redaction in a right-hand-side column.; (3) The parties should take care to not propose the redaction of material that is already publicly available elsewhere on the docket.; (4) Additionally, the parties should take care to propose redacting only the fewest amount of words necessary in the transcript/opinion (i.e., if a sentence has one word in it that should be redacted, do not propose redacting the entire sentence; instead, propose that only that one word should be redacted).; and (5) If after its review of these revised motions, the Court does not conclude that a sufficient record has been made to support a proposed redaction, it will not permit the material to be redacted going forward. Ordered by Judge Christopher J. Burke on 3/18/2022. (dlb)
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Filing 760
REDACTED VERSION of #720 Memorandum Order. (dlb)
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Filing 759
MEMORANDUM ORDER regarding D.I. #724 MOTION to Redact Order (Unopposed) re #720 Memorandum Order, filed by Google LLC. Signed by Judge Christopher J. Burke on 3/15/2022. (dlb)
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Filing 758
MOTION for Pro Hac Vice Appearance of Attorney Charles K. Verhoeven - filed by Google LLC. Motions referred to Christopher J. Burke.(Egan, Brian)
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SO ORDERED, re #758 MOTION for Pro Hac Vice Appearance of Attorney Charles K. Verhoeven, filed by Google LLC. Ordered by Judge Colm F. Connolly on 3/4/2022. (kmd)
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Filing 757
REDACTED VERSION of #752 Response to Objections by Google LLC. (Egan, Brian)
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Filing 756
ORDER ADOPTING 721 REPORT AND RECOMMENDATIONS denying #548 Motion for Summary Judgment. Signed by Judge Colm F. Connolly on 2/28/2022. (nmf)
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Filing 755
ORDER adopting 707 Order and overruling the Objections at #718 and #719 . Signed by Judge Colm F. Connolly on 2/28/2022. (nmf)
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Filing 754
ORDER ADOPTING #706 REPORT AND RECOMMENDATIONS granting in part and denying in part #552 Motion for Summary Judgment. Signed by Judge Colm F. Connolly on 2/28/2022. (nmf)
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Filing 753
REDACTED VERSION of #751 Response to Objections by Personal Audio LLC. (Piergiovanni, Rosemary)
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Filing 752
[SEALED] RESPONSE TO OBJECTIONS by Google LLC re #740 Objection to Report and Recommendations -- Google's Response to Plaintiff's Objections to the Magistrate Judge's Order (D.I. 721) --. (Egan, Brian)
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Filing 751
[SEALED] RESPONSE TO OBJECTIONS by Personal Audio LLC re #741 Objections . (Piergiovanni, Rosemary)
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Filing 750
REDACTED VERSION of #748 Response to Objections by Google LLC. (Egan, Brian)
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Filing 749
Letter to The Honorable Colm F. Connolly from Brian P. Egan regarding courtesy copy of filings associated with D.I. 741 - re #741 Objections. (Egan, Brian) (Main Document 749 replaced on 2/11/2022) (nmf, ).
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CORRECTING ENTRY: The pdf of D.I. #749 has been replaced with a corrected version to include the electronic signature of counsel. (nmf)
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Filing 748
[SEALED] RESPONSE TO OBJECTIONS by Google LLC re #725 Objections to the Magistrate Judge's Order (D.I. 709). (Egan, Brian)
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Filing 747
REDACTED VERSION of #738 Response to Objections by Personal Audio LLC. (Piergiovanni, Rosemary)
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Filing 746
REDACTED VERSION of #736 Response to Objections by Personal Audio LLC. (Piergiovanni, Rosemary)
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Filing 745
REDACTED VERSION of #741 Objections by Google LLC. (Egan, Brian)
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Filing 744
REDACTED VERSION of #739 Response to Objections by Google LLC. (Egan, Brian)
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Filing 743
REDACTED VERSION of #737 Response to Objections by Google LLC. (Egan, Brian)
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Filing 742
Letter to The Honorable Colm F. Connolly from Brian P. Egan regarding regarding courtesy copy of filings associated with D.I. 737 and 739 - re #737 Response to Objections, #739 Response to Objections. (Egan, Brian)
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Filing 741
[SEALED] OBJECTIONS by Google LLC to #720 Memorandum and Order, . (Egan, Brian)
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Filing 740
OBJECTION to 721 Report and Recommendations by Personal Audio LLC. (Attachments: #1 Certification Pursuant to Standing Order for Objections Filed under Fed. R. Civ. P. 72)(Piergiovanni, Rosemary)
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Filing 739
[SEALED] RESPONSE TO OBJECTIONS by Google LLC re #716 Objection to Report and Recommendations -- Response to Plaintiff's Objections to the Magistrate Judge's Report and Recommendation (D.I. 706) --. (Egan, Brian)
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Filing 738
[SEALED] RESPONSE TO OBJECTIONS by Personal Audio LLC re #718 Objections . (Piergiovanni, Rosemary)
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Filing 737
[SEALED] RESPONSE TO OBJECTIONS by Google LLC re #718 Objections -- Response to Plaintiffs Objections to the Magistrate Judges Order (D.I. 707) --. (Egan, Brian)
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Filing 736
[SEALED] RESPONSE TO OBJECTIONS by Personal Audio LLC re #717 Objections, . (Piergiovanni, Rosemary)
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Filing 735
ORDER ADOPTING #713 REPORT AND RECOMMENDATIONS denying #555 Motion to Preclude; denying #555 Motion for Summary Judgment. Signed by Judge Colm F. Connolly on 2/4/2022. (nmf)
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Filing 734
REDACTED VERSION of #725 Objections by Personal Audio LLC. (Piergiovanni, Rosemary)
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Filing 733
ORAL ORDER: The Court, having reviewed Defendant's Motion to Strike Portions of the Declaration of Dr. Kevin C. Almeroth (the "Motion"), (D.I. 639), and the briefing related thereto, (D.I. 640; D.I. 646; D.I. 680), hereby ORDERS that the Motion is DENIED AS MOOT. The Declaration was offered solely in support of Plaintiff's oppositions to (1) Google's motion to exclude expert testimony as to the "sequencing file" limitation (the "Daubert Motion"); and (2) Google's motion for summary judgment of non-infringement with respect to 1,933 accused third-party products (the "Summary Judgment Motion"). (See D.I. 640 at 1-2; id., ex. A at paras. 4-5) However, with regard to the Daubert Motion, the Court did not find the declaration to be relevant to the Court's ultimate decision, (D.I. 720), and with regard to the Summary Judgment Motion, the Declarations content did not impact the Court's recommendation that summary judgment of non-infringement under Section 271(f) be granted (and was not otherwise relevant to the Court's other decisions with respect to the Summary Judgment Motion), (D.I. 706 at 23-24). Therefore, the Declaration does not appear to have continuing relevance to the case, and thus does not appear to have been harmful or prejudicial to Google. Ordered by Judge Christopher J. Burke on 2/2/2022. (dlb)
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Filing 732
REDACTED VERSION of #724 MOTION to Redact Order (Unopposed) re #720 Memorandum and Order, by Google LLC. (Egan, Brian)
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Filing 731
REDACTED VERSION of #722 MOTION to Redact Order re #713 REPORT AND RECOMMENDATIONS re #555 MOTION to Preclude Expert Testimony MOTION for Summary Judgment of Non-Infringement as to File filed by Google LLC. Please note that when filing Objections pu by Google LLC. (Egan, Brian)
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Filing 730
ORDER ADOPTING 710 REPORT AND RECOMMENDATIONS denying #561 Motion for Summary Judgment. Signed by Judge Colm F. Connolly on 2/1/2022. (nmf)
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Filing 729
REDACTED VERSION of #718 Objections by Google LLC. (Egan, Brian)
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Filing 728
REDACTED VERSION of #717 Objections, by Google LLC. (Egan, Brian)
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Filing 727
REDACTED VERSION of #719 Objections by Personal Audio LLC. (Piergiovanni, Rosemary)
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Filing 726
REDACTED VERSION of #716 Objection to Report and Recommendations by Personal Audio LLC. (Piergiovanni, Rosemary)
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MOTION REFERRED: #724 MOTION to Redact Order (Unopposed) re #720 Memorandum and Order, Motion referred to Christopher J. Burke.(dlb)
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Filing 725
[SEALED] OBJECTIONS by Personal Audio LLC to 709 Oral Order,,,,,,,, . (Attachments: #1 Certification Pursuant to Standing Order for Objections Filed under Fed. R. Civ. P. 72)(Piergiovanni, Rosemary)
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Filing 724
[SEALED] MOTION to Redact Order (Unopposed) re #720 Memorandum and Order, - filed by Google LLC. (Attachments: #1 Exhibits A-B)Motions referred to Christopher J. Burke.(Egan, Brian)
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Filing 723
Joint Letter to The Honorable Colm F. Connolly from Brian P. Egan regarding courtesy copy of all filings associated with the matters to which the Report & Recommendation (D.I. 706) and Oral Order (D.I. 707) relate - re #718 Objections, #719 Objections, #716 Objection to Report and Recommendations, #717 Objections,. (Egan, Brian)
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MOTION REFERRED: #722 MOTION to Redact Order re #713 REPORT AND RECOMMENDATIONS re #555 MOTION to Preclude Expert Testimony MOTION for Summary Judgment of Non-Infringement as to File filed by Google LLC. Motion referred to Christopher J. Burke.(dlb)
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Filing 722
[SEALED] MOTION to Redact Order re #713 REPORT AND RECOMMENDATIONS re #555 MOTION to Preclude Expert Testimony MOTION for Summary Judgment of Non-Infringement as to File filed by Google LLC. Please note that when filing Objections pursuant to Federal Rule of Civil Proce (Unopposed) - filed by Google LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)Motions referred to Christopher J. Burke.(Egan, Brian)
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Filing 721
REPORT AND RECOMMENDATIONS: The Court, having reviewed Plaintiff's motion for summary judgment on Defendant's invalidity defense under 35 U.S.C. 103 ("Motion"), (D.I. 548), the briefing related thereto, (D.I. 549; D.I. 615; D.I. 624), and having considered the relevant legal standards, (D.I. 706 at 4-5; see also D.I. 549 at 8), recommends that the Motion be DENIED. Plaintiff's Motion raises three issues, which the Court considers in turn: (1) Defendant relies on a "Conventional Computer Running Windows 95" which includes Microsoft's Windows 95 CD Player ("CD95"), as a prior art system. (D.I. 615 at 2; see also D.I. 550 at para. 14; D.I. 616 at para. 14) One of Defendant's experts, Dr. Ketan Mayer-Patel, purchased eight computers running the Windows 95 operating system for purposes of this case (the "exemplar devices" or the "devices"). (D.I. 617, ex. C at paras. 6-9) Another Defendant expert, Dr. Schuyler Quackenbush, then utilized the exemplar devices to operate CD95, upon which he opined that CD95 discloses the "predetermined amount of time" element of the relevant "skip back" limitation. (Id., ex. G at para. 47) Plaintiff first seeks summary judgment against Defendant by asserting that because Dr. Mayer-Patel "failed to undertake any investigation into the[] origins or components" of the exemplar devices, Defendant cannot prove by clear and convincing evidence that such devices constitute prior art. (D.I. 549 at 7; see also id. at 9-17; D.I. 624 at 1-7) However, and even to the extent that the exemplar devices themselves are asserted to constitute prior art (as opposed to simply being offered as pieces of evidence that help demonstrate how the actual prior art device operated), (D.I. 615 at 5-6), Defendant has proffered substantial evidence that establishes a triable issue of fact regarding whether those actual exemplary devices are pre-October 2, 1996 models with pre-October 2, 1996 parts, (id. at 7-11). On that front, Dr. Mayer-Patel: (a) purchased computer models that were available before October 1996; and (b) opines that based on the product specification sheets for the exemplar devices, in addition to his personal inspection and what he knows from his own experience, the hardware components found in the devices that are relevant to the "skip back" functionality at issue were available prior to October 1996. (D.I. 617, ex. C at paras. 6-16; see also D.I. 605, ex. R at 389-403 (Dr. Mayer-Patel testifying that repairs to certain exemplary devices were made using pre-October-1996 parts)) At no point in the record does Dr. Mayer-Patel express any doubt about whether the devices contained pre-October 1996 components. And the Court is aware of no evidence of record suggesting that they do not. Thus, the Court recommends that summary judgment on this ground be denied. See, e.g., TypeRight Keyboard Corp. v. Microsoft Corp., 374 F.3d 1151, 1158-59 (Fed. Cir. 2004) (reversing a grant of summary judgment of obviousness because there were genuine issues of fact regarding whether "the Marquardt document is prior art"); see also Finjan, Inc. v. Sophos, Inc., Case No. 14-cv-01197-WHO, 2016 WL 4523823, at *3 (N.D. Cal. Aug. 29, 2016); cf. In re Depomed Patent Litig., Civil Action No. 2:13-cv-04507, 2016 WL 743374, at *1-2 (D.N.J. Feb. 22, 2016).; (2) Plaintiff next argues that summary judgment must be granted to the effect that CD95 does not teach any limitations of the asserted claims as a matter of law, because the CD95 source code was and remains secret. (D.I. 549 at 7, 17-20, 36; D.I. 624 at 7-12) This is not an appropriate basis for summary judgment. As Defendant points out, it relies on the CD95 source code simply as one type of evidence -- in addition to other additional evidence, including publicly-available evidence like the exemplary devices in order to demonstrate the operation of the relevant prior art. (D.I. 615 at 12-14) It is undisputed that the Conventional Computer Running Windows 95 was publicly available in the United States before October 1996, (D.I. 617, ex. A at para. 113; id., ex. B at 6-7; id., ex. C at para. 9; id., ex. D), and Defendants theory is that the computers source code simply confirms what other publicly-available and observable evidence would have disclosed about how the computer worked, (D.I. 615 at 14-15; see also D.I. 617, ex. G at paras. 47-55; exs. H, I). For this reason, the Court agrees with Defendant that Plaintiff's reliance on Parallel Networks Licensing, LLC v. Intl Bus. Machs. Corp., Civil Action No. 13-2072 (KAJ), 2017 WL 1045912 (D. Del. Feb. 22, 2017) is not persuasive. In that case, the defendant attempted to rely entirely on its "internal network operations" to demonstrate how its use of a web server to host a particular website worked (and thus why the defendant's use of the web server amounted to invalidating prior art); the court found that the defendant's use of the server could not constitute prior art because the defendant kept those network operations entirely confidential and non-public. 2017 WL 1045912, at *9. Lastly, while Plaintiff argues that inherent latency associated with CD drives would obscure the functioning of the CD95 with respect to the relevant limitation, (D.I. 549 at 20; D.I. 551, ex. 30 at 12-13), the Court agrees with Defendant that there are material issues of fact as to whether latency has any impact on the relevant operation of CD95, (D.I. 615 at 16-17 (record citations omitted)).; and (3) Plaintiffs final argument is that Defendant should be estopped from pursuing obviousness combinations that rely on three prior art systems (CD95, NewsComm and the Cerberus Digital Jukebox) because Defendant relies heavily on printed publications to describe them, which are in turn cumulative of those raised in inter partes review ("IPR") proceedings. (D.I. 549 at 1, 21-35) Although the parties quibble about which claims could be the subject of IPR estoppel, (D.I. 615 at 23; D.I. 624 at 12-13), it appears that all of Defendant's obviousness combinations involving all asserted claims rely in part on the Conventional Computer Running Windows 95 prior art system, (D.I. 617, ex. G at para. 6). Plaintiff does not dispute that an invalidity ground that is based on a product/system that could not have been introduced in an IPR proceeding is not subject to estoppel. (D.I. 549 at 23-24; D.I. 615 at 22; D.I. 624 at 12 ("If Google cannot rely on the devices as substantive prior art, IPR estoppel applies.")); see also, e.g., Medline Indus., Inc. v. C.R. Bard, Inc., No. 17 C 7216, 2020 WL 5512132, at *4 (N.D. Ill. Sept. 14, 2020). And here, it is undisputed that the relevant operation of the CD95 back button is disclosed only by the operation of that system, and not by any printed publication or patent that could have been asserted in an IPR. (D.I. 615 at 23-24) Thus, the Court recommends that the estoppel portion of Plaintiffs Motion be denied. 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 2/7/2022. Signed by Judge Christopher J. Burke on 1/24/2022. (dlb)
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Filing 720
[SEALED] MEMORANDUM ORDER re #558 MOTION to Preclude Expert Testimony as to "Sequencing File" Limitation filed by Google LLC. Signed by Judge Christopher J. Burke on 1/24/2022.This order will be emailed to local counsel. (dlb)
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Filing 719
[SEALED] OBJECTIONS by Personal Audio LLC to 707 Oral Order,,,,,,,,,,,,,,,,,,,,, . (Attachments: #1 Certificate of Compliance)(Piergiovanni, Rosemary)
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Filing 718
[SEALED] OBJECTIONS by Google LLC to 707 Oral Order,,,,,,,,,,,,,,,,,,,,, . (Attachments: #1 Exhibit 1)(Egan, Brian)
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Filing 717
[SEALED] OBJECTIONS by Google LLC to #706 REPORT AND RECOMMENDATIONS re #552 MOTION for Summary Judgment of Non-Infringement as to Accused Third-Party Products Pursuant to 35 U.S.C. 271(a), 271(b), 271(c), and 271(f) filed by Google LLC. Please note that when filing . (Egan, Brian)
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Filing 716
[SEALED] OBJECTION to #706 Report and Recommendations by Personal Audio LLC. (Attachments: #1 Certification Pursuant to Standing Order for Objections Filed under Fed. R. Civ. P. 72)(Piergiovanni, Rosemary)
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Filing 715
ORDER OVERRULING #695 Objections filed by Google LLC. Signed by Judge Colm F. Connolly on 1/21/2022. (nmf)
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Filing 714
ORDER ADOPTING 705 REPORT AND RECOMMENDATIONS ; denying #564 Motion for Summary Judgment. Signed by Judge Colm F. Connolly on 1/21/2022. (nmf)
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Filing 713
[SEALED] REPORT AND RECOMMENDATION regarding D.I. #555 MOTION to Preclude Expert Testimony MOTION for Summary Judgment of Non-Infringement as to File filed by Google LLC. 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 2/3/2022. Signed by Judge Christopher J. Burke on 1/20/2022.This order has been emailed to local counsel. (mlc)
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Filing 712
STIPULATION TO EXTEND TIME for the parties to file objections pursuant to Fed. R. Civ. P. 72 to dates as outlined in the stipulation - filed by Google LLC. (Egan, Brian)
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Filing 711
REDACTED VERSION of #708 MOTION to Redact Order re #706 REPORT AND RECOMMENDATIONS re #552 MOTION for Summary Judgment of Non-Infringement as to Accused Third-Party Products Pursuant to 35 U.S.C. 271(a), 271(b), 271(c), and 271(f) filed by Googl by Google LLC. (Attachments: #1 Exhibits A-B)(Egan, Brian)
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ORAL ORDER DENYING #712 STIPULATION TO EXTEND TIME for the parties to file objections pursuant to Fed. R. Civ. P. 72 to dates as outlined in the stipulation filed by Google LLC. Ordered by Judge Colm F. Connolly on 1/19/2022. (nmf)
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Filing 710
REPORT AND RECOMMENDATIONS re D.I. #561 The Court, having reviewed Defendant's motion for summary judgment of non-infringement as to the "means for continuously reproducing said program segments in the order established by said sequence in the absence of a control command" limitation, (D.I. 561), the briefing related thereto, (D.I. 562; D.I. 599; D.I. 631), and having considered the relevant legal standards, (D.I. 706 at 4-5), recommends that the Motion be DENIED. Plaintiff's infringement argument here turns on its assertion that the algorithmic structure of the software in the accused player (in which the data in the last record of the sequencing file, a "single byte integer that when read indicates the end or last track of the LIST sequence[,]" tells "the program that it has reached the end of the sequence and therefore should result in the current play variable being reset to the first position") is equivalent to the algorithmic structure required by the claims (in which "a rewind Selection_Record (LocType: R) in the sequencing file is reached, which resets the CurrentPlay variable to the location value contained in the rewind Selection_Record which is set to '1' to begin the playing sequence again with the first Selection_Record in the received sequencing file"). (D.I. 447 at 12; D.I. 571, ex. B at para. 374) And Plaintiff's expert Dr. Almeroth opines in his expert report, with sufficient supporting detail, why it is that the accused products perform the same function in substantially the same way to achieve substantially the same result as is required by the claims. (D.I. 571, ex. B at paras. 374-75, 377) That is enough to create a genuine issue of material fact as to this infringement dispute. In arguing otherwise, Defendant points to a comment that Dr. Almeroth made in his validity report regarding the key claim construction language at issue here (i.e., as to how its inclusion in the construction for requisite structure amounts to adding an "additional material limitation" over and above what was called for by a prior PTAB claim construction); Defendant argues that the comment is dispositive here, since the PTAB's construction is said to mirror Plaintiff's current infringement read. (D.I. 562 at 5-6; D.I. 631 at 1) And to be sure: (1) Dr. Almeroth's comment may be helpful to Defendant in cross examination; and (2) at trial, Dr. Almeroth will likely have to credibly explain how this comment was context-specific, and does not affect his infringement analysis. (See D.I. 599 at 4; D.I. 631 at 1-2) But it is far from clear to the Court that the comment alone eviscerates the value of Dr. Almeroth's afore-mentioned analysis regarding equivalence. Thus, because both parties have mustered credible evidence on their side of the ledger as to this infringement dispute, summary judgment is unwarranted. 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 1/28/2022. Ordered by Judge Christopher J. Burke on 1/14/2022. (dlb) Modified on 1/14/2022 (dlb).
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Filing 709
ORAL ORDER: The Court, having reviewed Plaintiff's Daubert motion to exclude the testimony and opinions of Defendant's invalidity expert Dr. Schuyler Quackenbush regarding the experiment ("the experiment") he conducted using Windows computers ("Motion"), (D.I. 546), and the briefing related thereto, (D.I. 547; D.I. 614; D.I. 623), and having considered the relevant legal standards, see 360 Heros, Inc. v. GoPro, Inc., --- F. Supp. 3d ---, 2021 WL 5050879, at *1-2 (D. Del. Nov. 1, 2021), hereby ORDERS that the Motion is DENIED. Plaintiff first asserts that Dr. Quackenbush's experiment is unreliable because he relied exclusively on his own "eyes and ears" or on perceptions that were "all in his head" in order to determine whether the tracks at issue had played for between 0.0 and 1.0 seconds--as opposed to relying on "a timer" or an "actual timing device[.]" (D.I. 547 at 6-9) But that is not so, as Dr. Quackenbush also relied on the system display (which, at least facially, indicated that 1.0 seconds had not yet elapsed after play was pressed during the experiment). (D.I. 551, ex. 27 at 223; D.I. 617, ex. G at para. 47; see also D.I. 614 at 8-12) Plaintiff also appears to dispute whether the results Dr. Quackenbush observed were affected by computer latency, (D.I. 547 at 13-15; D.I. 623 at 3), and it asserts that Dr. Quackenbush should have used a different type of methodology (one that, like Dr. Quackenbush's methodology, involves the use of human perception to some degree) in order to measure elapsed time, (D.I. 547 at 11-13; see also D.I. 551, ex. 29 at 4). But arguments like these are just fact-based merits arguments they go to the weight of Dr. Quackenbush's testimony and their worth can be sorted out by the trier of fact. Cf. MeadWestVaco Corp. v. Rexam Beauty & Closures, Inc., 731 F.3d 1258, 1268-69 (Fed. Cir. 2013). Ordered by Judge Christopher J. Burke on 1/13/2021. (dlb)
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MOTION REFERRED: #708 MOTION to Redact Order re #706 REPORT AND RECOMMENDATIONS re #552 MOTION for Summary Judgment of Non-Infringement as to Accused Third-Party Products Pursuant to 35 U.S.C. 271(a), 271(b), 271(c), and 271(f) filed by Google Motion referred to Christopher J. Burke.(dlb)
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Filing 708
[SEALED] MOTION to Redact Order re #706 REPORT AND RECOMMENDATIONS re #552 MOTION for Summary Judgment of Non-Infringement as to Accused Third-Party Products Pursuant to 35 U.S.C. 271(a), 271(b), 271(c), and 271(f) filed by Google LLC. Please note that when filing - filed by Google LLC. (Attachments: #1 Exhibits A-B)Motions referred to Christopher J. Burke.(Egan, Brian)
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Filing 707
ORAL ORDER: The Court, having reviewed Defendant's Daubert motion to exclude the opinions of Plaintiff's damages expert Michele Riley regarding the royalty base and rate ("Motion"), (D.I. #567 ), and the briefing related thereto, (D.I. 568; D.I. 603; D.I. 633), and having considered the relevant legal standards, see 360 Heros, Inc. v. GoPro, Inc., --- F. Supp. 3d ---, 2021 WL 5050879, at *1-2 (D. Del. Nov. 1, 2021), hereby ORDERS that the Motion be GRANTED-IN-PART and DENIED-IN-PART as follows: (1) With regard to Defendant's challenge to Ms. Riley's opinions regarding the royalty base, (D.I. 568 at 2-6), Defendant first argues that the royalty base is not tied to the accused products, because it considers sales of products that were not included on the list of 1,933 "exemplary" third-party products referenced in Plaintiff's infringement contentions, (D.I. 571, ex. A). But as the Court noted in its recent Report and Recommendation regarding a related summary judgment motion, (D.I. 706 at 10), it now understands Plaintiff's theory to be that these exemplary devices are simply representative of thousands of models of phones/tablets that directly infringed the patents-in-suit, (D.I. 603 at 1; see also D.I. 290 at para. 6; D.I. 605, ex. GG at 5-6). As a result, it does not find Ms. Riley's reference to "other" devices (i.e., devices not included in the list of 1,933) to be problematic and ORDERS that this portion of the Motion be DENIED.; (2) As to Defendant's other argument that Ms. Riley's "ROW" royalty base is premised on an erroneous assumption, this portion of the Motion is GRANTED, as it relates to Plaintiff's Section 271(f) claims as to third-party devices, which the Court has recently recommended should be dismissed (on similar grounds) via a grant of summary judgment, (D.I. 706 at 19-24).; (3) With regard to Defendant's challenge to Ms. Riley's opinions regarding the royalty rate, (D.I. 568 at 6-15), Defendant first argues that the upper bound of Ms. Riley's reference range (expressed in a cents per unit metric) is unreliable. Its core argument here (the only argument pressed both in its opening and reply brief) is that this upper bound is derived from a license between Plaintiff and another company, wherein the license (for a lump sum) included rights not only to the patents-in-suit, but also to an unrelated patent; Defendant faults Ms. Riley for allocating none of the license payment to that unrelated patent (thereby jacking up the cents per unit rate for the license). (Id. at 7-9; D.I. 633 at 4) The Court agrees that Ms. Rileys methodology here was unreliable, and GRANTS this portion of the Motion, as Ms. Riley either needed to credibly explain why no value was allocated to this unrelated patent or why some value should be allocated to it, and she did neither. (D.I. 633 at 4 (citing ResQNet.com, Inc. v. Lansa, Inc., 594 F.3d 860, 871 (Fed. Cir. 2010))); (4) Next, as to Defendant's challenge to Ms. Riley's reliance on certain cents-per-device "offers" that Plaintiff made to settle two other lawsuits, this portion of the Motion is GRANTED. While offers for proposed licenses may have some value in determining a reasonable royalty in certain situations, WhitServe, LLC v. Comput. Packages, Inc., 694 F.3d 10, 29-30 (Fed. Cir. 2012), the offers here are irrelevant, especially in light of the fact that: (a) the offers were rejected; (b) the parties to those two cases settled on different terms that are known to the parties; and (c) earlier in this case, Plaintiff successfully blocked discovery into its licensing negotiations like these. (D.I. 568 at 10-12; D.I. 633 at 4); cf. MLC Intell. Prop., LLC v. Micron Tech., Inc., Case No. 14-cv-03657-SI, 2019 WL 2716512, at *13-14 (N.D. Cal. June 28, 2019); MiiCs & Partners, Inc. v. Funai Elec. Co., Ltd., Civil Action No. 14-804-RGA, 2017 WL 6268072, at *4 (D. Del. Dec. 7, 2017).; (5) With regard to Defendant's objection to Ms. Riley's reliance on overall profit margins, the Court DENIES this portion of the Motion. In light of Plaintiff's argument that GPM adds important value as a key part of Defendant's product ecosystem, the Court cannot say it was improper for Ms. Riley to utilize Defendant's profit margin to adjust the appropriate royalty rate in the manner she did; possible holes in that approach could be explored on cross-examination. (Plaintiff's Hearing Presentation at Slides 13-16); cf. Transcenic Inc. v. Google Inc., Civil Action No. 11-582-LPS (D.I. 591 at 111-12) (D. Del. Feb. 19, 2015).; and (6) Lastly, as to Defendant's challenge to Ms. Riley's reliance on Mr. Heiblim's opinions, the Motion is GRANTED. With regard to the challenged paragraphs of Ms. Riley's report, (D.I. 571, ex. J at paras. 168-73), Ms. Riley does not sufficiently explain how the cited portions of Mr. Heiblim's opinions relate to the claim limitations in the asserted patents; in the absence of that connection, Ms. Riley's analysis does not "fit" the facts of the case. (D.I. 568 at 15).Ordered by Judge Christopher J. Burke on 1/7/2022. (mlc)
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Filing 706
[SEALED] REPORT AND RECOMMENDATION regarding D.I. #552 MOTION for Summary Judgment of Non-Infringement as to Accused Third-Party Products Pursuant to 35 U.S.C. 271(a), 271(b), 271(c), and 271(f) filed by Google LLC. 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 1/21/2022. Signed by Judge Christopher J. Burke on 1/7/2022.This order has been emailed to local counsel. (mlc)
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Filing 705
REPORT AND RECOMMENDATION: The Court, having reviewed Defendant's motion for summary judgment of invalidity of claims 2 and 3 of the '076 patent ("Motion"), (D.I. 564), and the briefing related thereto, (D.I. 565; D.I. 601; D.I. 632), recommends that the Motion be DENIED. With this Motion, Defendant is asking the Court to conclude that claims 2 and 3 are indefinite; it argues this is so because: (1) the claims include means-plus-function limitations, which in turn claim functions that involve taking certain action with regard to a currently playing program segment "in response to a single 'Back' command" (re: claim 2) and "in response to two consecutive 'Back' commands" (re: claim 3); and (2) the patent purportedly does not clearly link performance of these functions to a structure that can distinguish between "single" and "consecutive" back commands. (D.I. 565 at 5; see also D.I. 331 at 54) As an initial matter, the Court disagrees with Plaintiff that these limitations "do not recite any functional requirement to measure time[.]" (D.I. 601 at 1) As Defendant notes, (D.I. 565 at 4; D.I. 632 at 1), in order to be able to determine if two "Back" commands are "consecutive" (as opposed to simply being two single "Back" commands), a structure would have to be able to determine if the two commands are sufficiently close in time (i.e., what the parties have described as being able to determine whether the second command occurs within a "predetermined amount of time"). Indeed, both in its briefing here, and in earlier submissions, Plaintiff has implicitly or explicitly acknowledged that this is so. (D.I. 176 at 12; D.I. 331 at 50; D.I. 565 at 4 (citing D.I. 571, ex. E at para. 278); D.I. 601 at 2; D.I. 632 at 1) However, on the question of whether summary judgment of indefiniteness should be granted, the Court must side with Plaintiff and say "no." Defendant has the burden to prove indefiniteness by clear and convincing evidence. (D.I. 601 at 1) Here, Plaintiff asserts, citing to the report of its expert, Dr. Almeroth, that: (1) the function of reading and determining how long an audio player has played is something that could have been accomplished by a general purpose computer, i.e., a general purpose computer running Windows 95; and (2) thus, "the recital of a general purpose computer with the specified algorithms [i.e., those already contained in the Court's current construction with regard to structure] is sufficient to perform the recited functions and the claims are not indefinite." (D.I. 571, ex. E at paras. 286-88; D.I. 601 at 3); see also Ergo Licensing, LLC v. CareFusion 303, Inc., 673 F.3d 1361, 1364-65 (Fed. Cir. 2012) (explaining that while an algorithm must normally be disclosed for a general purpose computer to satisfy the means-plus-function disclosure requirement for structure, that is not required when "the function can be achieved by any general purpose computer without special programming") (internal quotation marks and citation omitted). In its reply brief, Defendant contends that this is incorrect, and that "distinguishing between 'single' and 'consecutive' commands to skip Back in a music player clearly requires special programming and is not akin to a generic function like producing sound." (D.I. 632 at 2 (citation omitted)) But Defendant cites to nothing in the record in support of this conclusion (i.e., to no expert report, or other record source), and that type of response is not sufficient to meet the clear and convincing evidence hurdle. 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 1/20/2022) Ordered by Judge Christopher J. Burke on 1/6/2022. (lih)
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Filing 704
REDACTED VERSION of #703 Response to Objections by Google LLC. (Egan, Brian)
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Filing 703
[SEALED] RESPONSE TO OBJECTIONS by Google LLC re #697 Objections -- Google LLC's Opposition to Personal Audio, LLC's Objections on Adverse Inference --. (Egan, Brian)
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SO ORDERED, re #702 STIPULATION TO EXTEND TIME for Google LLC to submit its response to Personal Audio, LLC's Objections (D.I. 697) to the Court's decision on Personal Audio's Motion for Adverse Inference (D.I. 688) to December 22, 2021 filed by Google LLC. Signed by Judge Colm F. Connolly on 12/17/2021. (nmf)
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Filing 702
STIPULATION TO EXTEND TIME for Google LLC to submit its response to Personal Audio, LLC's Objections (D.I. 697) to the Court's decision on Personal Audio's Motion for Adverse Inference (D.I. 688) to December 22, 2021 - filed by Google LLC. (Egan, Brian)
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Filing 701
RESPONSE TO OBJECTIONS by Personal Audio LLC re #695 Objections . (Piergiovanni, Rosemary)
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SO ORDERED, re #696 STIPULATION TO EXTEND TIME for Plaintiff to respond to Defendant's Objections to Magistrate Judge Burke's Order Denying Google's Motion to Exclude Heiblim Opinions to 12/8/2021 filed by Personal Audio LLC, #700 STIPULATION TO EXTEND TIME for Google LLC to submit its response to Personal Audio, LLC's Objections (D.I. 697) to the Court's decision on Personal Audio's Motion for Adverse Inference (D.I. 688) to December 15, 2021 filed by Google LLC. Signed by Judge Colm F. Connolly on 12/8/2021. (nmf)
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Filing 700
STIPULATION TO EXTEND TIME for Google LLC to submit its response to Personal Audio, LLC's Objections (D.I. 697) to the Court's decision on Personal Audio's Motion for Adverse Inference (D.I. 688) to December 15, 2021 - filed by Google LLC. (Egan, Brian)
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MOTION REFERRED: #699 MOTION to Redact #687 Transcript,, (Unopposed) Motion referred to Christopher J. Burke.(dlb)
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Filing 699
[SEALED] MOTION to Redact #687 Transcript,, (Unopposed) - filed by Google LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)Motions referred to Christopher J. Burke.(Egan, Brian)
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Filing 698
REDACTED VERSION of #697 Objections by Personal Audio LLC. (Piergiovanni, Rosemary)
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Filing 697
[SEALED] OBJECTIONS by Personal Audio LLC to #688 Memorandum and Order . (Attachments: #1 Certification Pursuant to Standing Order for Objections Filed under Fed. R. Civ. P. 72)(Piergiovanni, Rosemary)
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Filing 696
STIPULATION TO EXTEND TIME for Plaintiff to respond to Defendant's Objections to Magistrate Judge Burke's Order Denying Google's Motion to Exclude Heiblim Opinions to 12/8/2021 - filed by Personal Audio LLC. (Piergiovanni, Rosemary)
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Filing 695
OBJECTIONS by Google LLC to #686 Memorandum and Order, . (Egan, Brian)
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SO ORDERED D.I. #694 STIPULATION TO EXTEND TIME the parties to submit objections to the Magistrate Judge's Report and Recommendation to 11/24/2021 filed by Personal Audio LLC. Ordered by Judge Christopher J. Burke on 11/17/2021. (dlb)
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Filing 694
STIPULATION TO EXTEND TIME the parties to submit objections to the Magistrate Judge's Report and Recommendation to 11/24/2021 - filed by Personal Audio LLC. (Piergiovanni, Rosemary)
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SO ORDERED D.I. #691 STIPULATION TO EXTEND TIME for the parties to submit any objections to the Court's October 25, 2021 Order to November 17, 2021 filed by Google LLC. Ordered by Judge Christopher J. Burke on 11/15/2021. (mlc)
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Filing 693
NOTICE of Intent to Redact Transcript by Google LLC re #687 Transcript,, (Egan, Brian)
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MOTION REFERRED: Joint MOTION to Redact Order (D.I. 692) at #688 Memorandum Order Motion referred to Christopher J. Burke.(dlb)
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Filing 692
[SEALED] Joint MOTION to Redact Order (D.I. 688) re #688 Memorandum and Order - filed by Google LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)Motions referred to Christopher J. Burke.(Egan, Brian)
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Filing 691
STIPULATION TO EXTEND TIME for the parties to submit any objections to the Court's October 25, 2021 Order to November 17, 2021 - filed by Google LLC. (Egan, Brian)
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Filing 690
STIPULATION TO EXTEND TIME for the parties to submit redactions to the Magistrate Judge's Report and Recommendation to 11/10/2021 - filed by Personal Audio LLC. (Piergiovanni, Rosemary)
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SO ORDERED D.I. #689 STIPULATION TO EXTEND TIME for the parties to submit any objections to the Court's October 25, 2021 Order (D.I. 686) to November 10, 2021 filed by Google LLC. Ordered by Judge Christopher J. Burke on 11/9/2021. (dlb)
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SO ORDERED, re #690 STIPULATION TO EXTEND TIME for the parties to submit redactions to the Magistrate Judge's Memorandum Order to 11/10/2021 filed by Personal Audio LLC. Signed by Judge Christopher J. Burke on 11/9/2021. (dlb)
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Filing 689
STIPULATION TO EXTEND TIME for the parties to submit any objections to the Court's October 25, 2021 Order (D.I. 686) to November 10, 2021 - filed by Google LLC. (Egan, Brian)
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Filing 688
[SEALED] MEMORANDUM ORDER re #543 MOTION for Adverse Inference filed by Personal Audio LLC. Signed by Judge Christopher J. Burke on 11/4/2021.This order will be emailed to local counsel. (dlb)
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Filing 687
Official Transcript of motion hearing held on September 22, 2021 before Judge Burke. Court Reporter/Transcriber Michele Rolfe, Email: michelerolfe1978@gmail.com. Transcript may be viewed at the court public terminal or order/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 11/22/2021. Redacted Transcript Deadline set for 12/2/2021. Release of Transcript Restriction set for 1/31/2022. (vjg)
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Document Unsealed. #686 Memorandum Order unsealed. (dlb)
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Filing 686
MEMORANDUM ORDER regarding D.I. 569 Defendant Google LLCs motion seeking to exclude the expert opinion and testimony of Robert Heiblim, filed pursuant to Federal Rule of Evidence 702. Signed by Judge Christopher J. Burke on 10/25/2021.This order will be emailed to local counsel. (dlb) Modified on 10/29/2021- Document Unsealed(dlb).
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Filing 685
NOTICE of Withdrawal of Counsel (Andrew M. Moshos) by Google LLC (Moshos, Andrew)
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Minute Entry for proceedings held before Judge Christopher J. Burke - Motion Hearing held on 9/22/2021 regarding D.I. #552 MOTION for Summary Judgment of Non-Infringement as to Accused Third-Party Products Pursuant to 35 U.S.C. 271(a), 271(b), 271(c), and 271(f) filed by Google LLC, D.I. #558 MOTION to Preclude Expert Testimony as to "Sequencing File" Limitation filed by Google LLC, D.I. #555 MOTION to Preclude Expert Testimony MOTION for Summary Judgment of Non-Infringement as to File filed by Google LLC. The Court heard argument from the parties regarding the motions. The Court will take the motions under advisement. (Court Reporter Michele Rolfe. Clerk: M. Crawford) Appearances: R. Piergiovanni, D. Hahn, S. Hanle, A. Takouche, M. Stephens, V. Hardy for Plaintiff; B. Egan, M. Baily, P. Stafford, C. Stiernberg for Defendant. (mlc)
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Filing 684
REDACTED VERSION of #646 Letter, by Personal Audio LLC. (Piergiovanni, Rosemary)
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CORRECTING ENTRY: Entry made on 9/21/21 at D.I. 683 "REDACTED VERSION of 646 Letter, by Personal Audio LLC." was removed at the request of the filer. The entry made on 9/21/21 at D.I. 684 "REDACTED VERSION of 647 Declaration by Personal Audio LLC" is now found at D.I. 683. (dlb)
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Filing 683
REDACTED VERSION of #647 Declaration by Personal Audio LLC. (Piergiovanni, Rosemary) Modified on 9/22/2021 (dlb).
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Filing 682
ORAL ORDER: The Court, having reviewed the parties' September 17, 2021 letter, (D.I. 681), hereby ORDERS that for the reasons set out in the Court's September 17, 2021 oral order, (D.I. 679), there will not be sufficient time for the parties to present argument regarding Defendantss Motion to Strike Portions of the Declaration of Dr. Kevin C. Almeroth at the hearing set for September 22, 2021. Ordered by Judge Christopher J. Burke on 9/20/2021. (dlb)
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CORRECTING ENTRY: At the request of the filer, the PDF at D.I. 641 has been replaced. (dlb)
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Filing 681
Letter to The Honorable Christopher J. Burke from Brian P. Egan regarding Requesting Teleconference on Motion to Strike - re #639 MOTION to Strike #608 Declaration, -- Motion to Strike Portions of the Declaration of Dr. Kevin C. Almeroth --. (Egan, Brian)
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Filing 680
Letter to The Honorable Christopher J. Burke from Brian P. Egan regarding Reply in Support of Motion to Strike - re #639 MOTION to Strike #608 Declaration, -- Motion to Strike Portions of the Declaration of Dr. Kevin C. Almeroth --. (Egan, Brian)
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Filing 679
ORAL ORDER: The Court, having further considered the parties' September 3, 2021 letter, (D.I. 637), notes that even with the substantial time that it has allocated for argument at the September 22, 2021 hearing on case dispositive and Daubert motions, it would be impracticable to hear argument and have meaningful discussion regarding all ten motions listed in the letter. Therefore, the Court hereby ORDERS that it will hear argument regarding the motions listed as 4(a)-(f) in the letter. It will not hear argument regarding the motions listed as 4(g)-(j), and will instead consider those motions on the papers. Ordered by Judge Christopher J. Burke on 9/17/2021. (mlc)
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Filing 678
REDACTED VERSION of #610 Declaration, by Personal Audio LLC. (Piergiovanni, Rosemary)
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Filing 677
REDACTED VERSION of #609 Declaration, by Personal Audio LLC. (Piergiovanni, Rosemary)
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Filing 676
REDACTED VERSION of #608 Declaration, by Personal Audio LLC. (Piergiovanni, Rosemary)
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Filing 675
REDACTED VERSION of #605 Declaration, Douglas Q. Hahn by Personal Audio LLC. (Attachments: #1 Exhibits A-K, #2 Exhibits L-Z, #3 Exhibits AA-ZZ, #4 Exhibits AAA-JJJ)(Piergiovanni, Rosemary)
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Filing 674
REDACTED VERSION of #635 Declaration, by Google LLC. (Attachments: #1 Exhibit A-O)(Moshos, Andrew)
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Filing 673
REDACTED VERSION of #634 Reply Brief by Google LLC. (Moshos, Andrew)
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Filing 672
REDACTED VERSION of #633 Reply Brief by Google LLC. (Moshos, Andrew)
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Filing 671
REDACTED VERSION of #632 Reply Brief by Google LLC. (Moshos, Andrew)
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Filing 670
REDACTED VERSION of #631 Reply Brief by Google LLC. (Moshos, Andrew)
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Filing 669
REDACTED VERSION of #630 Reply Brief by Google LLC. (Moshos, Andrew)
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Filing 668
REDACTED VERSION of #629 Reply Brief by Google LLC. (Moshos, Andrew)
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Filing 667
REDACTED VERSION of #628 Reply Brief by Google LLC. (Moshos, Andrew)
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Filing 666
REDACTED VERSION of #617 Declaration by Google LLC. (Attachments: #1 Exhibit A-R, #2 Exhibit S-W)(Moshos, Andrew)
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Filing 665
REDACTED VERSION of #604 Answering Brief in Opposition by Personal Audio LLC. (Piergiovanni, Rosemary)
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Filing 664
REDACTED VERSION of #616 Statement, by Google LLC. (Moshos, Andrew)
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Filing 663
REDACTED VERSION of #603 Answering Brief in Opposition by Personal Audio LLC. (Piergiovanni, Rosemary)
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Filing 662
REDACTED VERSION of #615 Answering Brief in Opposition by Google LLC. (Moshos, Andrew)
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Filing 661
REDACTED VERSION of #602 Statement by Personal Audio LLC. (Piergiovanni, Rosemary)
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Filing 660
REDACTED VERSION of #614 Answering Brief in Opposition by Google LLC. (Moshos, Andrew)
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Filing 659
REDACTED VERSION of #601 Answering Brief in Opposition, by Personal Audio LLC. (Piergiovanni, Rosemary)
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Filing 658
REDACTED VERSION of #613 Declaration by Google LLC. (Moshos, Andrew)
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Filing 657
REDACTED VERSION of #600 Statement, by Personal Audio LLC. (Piergiovanni, Rosemary)
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Filing 656
REDACTED VERSION of #612 Declaration by Google LLC. (Attachments: #1 Exhibit A)(Moshos, Andrew)
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Filing 655
REDACTED VERSION of #599 Answering Brief in Opposition, by Personal Audio LLC. (Piergiovanni, Rosemary)
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Filing 654
REDACTED VERSION of #598 Answering Brief in Opposition by Personal Audio LLC. (Piergiovanni, Rosemary)
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Filing 653
REDACTED VERSION of #611 Answering Brief in Opposition by Google LLC. (Moshos, Andrew)
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Filing 652
REDACTED VERSION of #597 Statement, by Personal Audio LLC. (Piergiovanni, Rosemary)
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Filing 651
REDACTED VERSION of #596 Answering Brief in Opposition, by Personal Audio LLC. (Piergiovanni, Rosemary)
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Filing 650
REDACTED VERSION of #595 Statement, by Personal Audio LLC. (Piergiovanni, Rosemary)
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Filing 649
REDACTED VERSION of #594 Answering Brief in Opposition, by Personal Audio LLC. (Piergiovanni, Rosemary)
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Filing 648
REDACTED VERSION of #640 Letter, by Google LLC. (Attachments: #1 Exhibit A)(Egan, Brian)
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Filing 647
[SEALED] DECLARATION re #646 Letter, of Salil Bali by Personal Audio LLC. (Attachments: #1 Exhibit A)(Piergiovanni, Rosemary)
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Filing 646
[SEALED] Letter to The Honorable Christopher J. Burke from Rosemary J. Piergiovanni regarding Opposition to Defendant's Motion to Strike - re #639 MOTION to Strike #608 Declaration, -- Motion to Strike Portions of the Declaration of Dr. Kevin C. Almeroth --. (Piergiovanni, Rosemary)
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SO ORDERED D.I. #645 Stipulation Regarding Submission of Redacted Documents filed by Google LLC. Ordered by Judge Christopher J. Burke on 9/13/2021. (dlb)
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Filing 645
STIPULATION Regarding Submission of Redacted Documents by Google LLC. (Egan, Brian)
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Filing 644
REDACTED VERSION of #626 Declaration by Personal Audio LLC. (Attachments: #1 Exhibits KKK-NNN)(Farnan, Michael)
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Filing 643
REDACTED VERSION of #625 Reply Brief by Personal Audio LLC. (Farnan, Michael)
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Filing 642
REDACTED VERSION of #624 Reply Brief by Personal Audio LLC. (Farnan, Michael)
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Filing 641
REDACTED VERSION of #623 Reply Brief by Personal Audio LLC. (Farnan, Michael) (Main Document 641 replaced on 9/20/2021) (dlb).
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CORRECTING ENTRY: Redacted documents filed today at D.I. 641, 642 and 642 have been removed from the docket at the request of the filer (dlb)
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Pro Hac Vice Attorney Ahmad Takouche 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. (mal)
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Filing 640
[SEALED] Letter to The Honorable Christopher J. Burke from Brian P. Egan regarding Motion to Strike Portions of the Declaration of Dr. Kevin C. Almeroth - re #639 MOTION to Strike #608 Declaration, -- Motion to Strike Portions of the Declaration of Dr. Kevin C. Almeroth --. (Attachments: #1 Exhibit A)(Egan, Brian)
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Filing 639
MOTION to Strike #608 Declaration, -- Motion to Strike Portions of the Declaration of Dr. Kevin C. Almeroth -- - filed by Google LLC. Motions referred to Christopher J. Burke.(Egan, Brian)
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Filing 638
ORAL ORDER: The Court, having reviewed the parties' September 3, 2021 letter, (D.I. 637), hereby ORDERS as follows with respect to the September 22, 2021 hearing on case dispositive and Daubert Motions: (1) The hearing will be held via videoconference using the Microsoft Teams platform. By no later than September 15, 2021, the parties shall send an e-mail to the Court's Courtroom Deputy, Ms. Benyo, indicating the names and e-mail addresses of all individuals who will participate in the hearing.; (2) The Court will allow argument on any pending summary judgment and Daubert motions that the parties wish to argue. The Court hereby ADOPTS the parties' proposal regarding the order in which the listed motions will be argued.; (3) Five hours will be allocated for the hearing, to be split evenly between the parties. The parties may make their own determinations as to how much time they wish to use to argue any particular motion.; and (4) By no later than 24 hours in advance of the hearing, the parties shall submit any slide presentations via e-mail to Ms. Benyo (copying the other side). Ordered by Judge Christopher J. Burke on 9/7/2021. (dlb)
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SO ORDERED D.I. #636 STIPULATION TO EXTEND TIME for the parties to submit all remaining redacted, public versions concerning the parties' answering and reply submissions to the parties' respective summary judgment and Daubert motions, as well as Plaintiff's filed by Google LLC. Ordered by Judge Christopher J. Burke on 9/7/2021. (dlb)
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Filing 637
Letter to The Honorable Christopher J. Burke from Brian E. Farnan regarding Status Report in preparation for September 22, 2021 Hearing. (Farnan, Brian)
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Filing 636
STIPULATION TO EXTEND TIME for the parties to submit all remaining redacted, public versions concerning the parties' answering and reply submissions to the parties' respective summary judgment and Daubert motions, as well as Plaintiff's motion for adverse inference (collectively, D.I. 594-605, 608-617, 623-626, and 628-635) to September 10, 2021 - filed by Google LLC. (Egan, Brian)
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CORRECTING ENTRY: PDF at D.I. 601 has been replaced at the request of the filer. (dlb)
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Filing 635
[SEALED] DECLARATION re #628 Reply Brief, #631 Reply Brief, #633 Reply Brief, #630 Reply Brief, #634 Reply Brief, #629 Reply Brief, #632 Reply Brief -- Declaration of Michael Trombetta -- by Google LLC. (Attachments: #1 Exhibit A-O)(Egan, Brian)
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Filing 634
[SEALED] REPLY BRIEF re #569 MOTION to Preclude Expert Testimony of Robert Heiblim filed by Google LLC. (Egan, Brian)
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Filing 633
[SEALED] REPLY BRIEF re #567 MOTION to Preclude Expert Testimony of Michele Riley filed by Google LLC. (Egan, Brian)
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Filing 632
[SEALED] REPLY BRIEF re #564 MOTION for Summary Judgment of Invalidity of Claims 2 and 3 of the '076 Patent filed by Google LLC. (Egan, Brian)
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Filing 631
[SEALED] REPLY BRIEF re #561 MOTION for Summary Judgment of Non-Infringement as to "Means for Continuously Reproducing..." filed by Google LLC. (Egan, Brian)
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Filing 630
[SEALED] REPLY BRIEF re #558 MOTION to Preclude Expert Testimony as to "Sequencing File" Limitation filed by Google LLC. (Egan, Brian)
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Filing 629
[SEALED] REPLY BRIEF re #555 MOTION to Preclude Expert Testimony MOTION for Summary Judgment of Non-Infringement as to File filed by Google LLC. (Egan, Brian)
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Filing 628
[SEALED] REPLY BRIEF re #552 MOTION for Summary Judgment of Non-Infringement as to Accused Third-Party Products Pursuant to 35 U.S.C. 271(a), 271(b), 271(c), and 271(f) filed by Google LLC. (Egan, Brian)
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Filing 627
NOTICE of filing the following Non-Paper material(s) in multi media format: two flash drives containing Exhibit NNN to the Declaration of Douglas Q. Hahn. Original Non-paper material(s) to be filed with the Clerk's Office. Notice filed by Michael J. Farnan on behalf of Personal Audio LLC (Farnan, Michael)
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Filing 626
[SEALED] DECLARATION re #625 Reply Brief, #623 Reply Brief, #624 Reply Brief of Douglas Q. Hahn by Personal Audio LLC. (Attachments: #1 Exhibit KKK, #2 Exhibit LLL, #3 Exhibit MMM, #4 Exhibit NNN)(Farnan, Michael)
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Filing 625
[SEALED] REPLY BRIEF re #543 MOTION for Adverse Inference filed by Personal Audio LLC. (Farnan, Michael)
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Filing 624
[SEALED] REPLY BRIEF re #548 MOTION for Summary Judgment on Defendant Google LLC's Invalidity Defenses filed by Personal Audio LLC. (Farnan, Michael)
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Filing 623
[SEALED] REPLY BRIEF re #546 MOTION to Preclude Testimony and Opinions of Dr. Schuyler Quackenbush filed by Personal Audio LLC. (Farnan, Michael)
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Filing 622
ORAL ORDER: With regard to the hearing on case dispositive and Daubert motions (as well as Plaintiff's Motion for Adverse Inference) scheduled for September 22, 2021 at 11:00 a.m., (D.I. 525; D.I. 592), the Court hereby ORDERS as follows: (1) At present, the hearing will be held via a videoconference platform. However, the Court would consider holding the hearing in person with a limited number of attorneys in attendance if both sides wished to do so.; (2) By September 3, 2021, the parties shall submit a joint letter indicating their views regarding: (a) whether the parties are jointly requesting that the hearing be converted to an in-person hearing.; (b) how much time should be allocated for the hearing; (c) whether any of the pending summary judgment and/or Daubert motions shall be submitted on the papers, or alternatively, whether the parties intend to present argument as to each such pending motion during the hearing; and (d) the order in which the motions will be argued. Ordered by Judge Christopher J. Burke on 8/27/2021. (dlb)
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SO ORDERED D.I. #621 STIPULATION TO EXTEND TIME for the parties to submit redacted, public versions of the parties' summary judgment motions, Daubert motions, and motion for adverse inference answering briefs and related submissions thereto (D.I. 594, 595, 596, 597, filed by Google LLC. Ordered by Judge Christopher J. Burke on 8/25/2021. (dlb)
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Filing 621
STIPULATION TO EXTEND TIME for the parties to submit redacted, public versions of the parties' summary judgment motions, Daubert motions, and motion for adverse inference answering briefs and related submissions thereto (D.I. 594, 595, 596, 597, 598, 599, 600, 601, 602, 603, 604, 605, 608, 609, 610, 611, 612, 613, 614, 615, 616, 617) to September 3, 2021 - filed by Google LLC. (Egan, Brian)
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SO ORDERED D.I. #620 STIPULATION TO EXTEND TIME for the parties to submit redacted, public versions of the parties summary judgment motions, Daubert motions, and motion for adverse inference answering briefs and related submissions thereto (D.I. 594, 595, 596, 597, 598, 5 filed by Google LLC. Ordered by Judge Christopher J. Burke on 8/17/2021. (dlb)
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Filing 620
STIPULATION TO EXTEND TIME for the parties to submit redacted, public versions of the parties summary judgment motions, Daubert motions, and motion for adverse inference answering briefs and related submissions thereto (D.I. 594, 595, 596, 597, 598, 599, 600, 601, 602, 603, 604, 605, 608, 609, 610, 611, 612, 613, 614, 615, 616, 617) to August 25, 2021 - filed by Google LLC. (Egan, Brian)
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SO ORDERED D.I. #619 STIPULATION TO EXTEND TIME for the parties to submit redacted, public versions of the parties' summary judgment motions, Daubert motions, and motion for adverse inference answering briefs and related submissions to August 16, 2021 filed by Google LLC. Ordered by Judge Christopher J. Burke on 8/12/2021. (dlb)
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Filing 619
STIPULATION TO EXTEND TIME for the parties to submit redacted, public versions of the parties' summary judgment motions, Daubert motions, and motion for adverse inference answering briefs and related submissions to August 16, 2021 - filed by Google LLC. (Moshos, Andrew)
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Filing 618
NOTICE of filing the following Non-Paper material(s) in multi media format: Exhibits H and I to the #617 Declaration of Patrick J. Stafford in video format. Original Non-paper material(s) to be filed with the Clerk's Office. Notice filed by Brian P. Egan on behalf of Google LLC (Egan, Brian)
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Filing 617
[SEALED] DECLARATION re #615 Answering Brief in Opposition, #614 Answering Brief in Opposition -- Declaration of Patrick J. Stafford -- by Google LLC. (Attachments: #1 Exs. A-R, #2 Exs. S-W)(Egan, Brian)
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Filing 616
[SEALED] STATEMENT -- Defendant's Responses to #550 Plaintiff Personal Audio, LLC's Concise Statement of Uncontested Facts in Support of its Motion for Summary Judgment on Defendant Google LLC's Invalidity Defense Under 35 U.S.C. 103 -- by Google LLC. (Egan, Brian)
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Filing 615
[SEALED] ANSWERING BRIEF in Opposition re #548 MOTION for Summary Judgment on Defendant Google LLC's Invalidity Defenses - filed by Google LLC.Reply Brief due date per Local Rules is 8/10/2021. (Egan, Brian)
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Filing 614
[SEALED] ANSWERING BRIEF in Opposition re #546 MOTION to Preclude Testimony and Opinions of Dr. Schuyler Quackenbush - filed by Google LLC.Reply Brief due date per Local Rules is 8/10/2021. (Egan, Brian)
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Filing 613
[SEALED] DECLARATION re #611 Answering Brief in Opposition -- Declaration of Igor Razumeiko -- by Google LLC. (Egan, Brian)
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Filing 612
[SEALED] DECLARATION re #611 Answering Brief in Opposition -- Declaration of Jeff Nardinelli -- by Google LLC. (Attachments: #1 Ex. A)(Egan, Brian)
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Filing 611
[SEALED] ANSWERING BRIEF in Opposition re #543 MOTION for Adverse Inference - filed by Google LLC.Reply Brief due date per Local Rules is 8/10/2021. (Egan, Brian)
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Filing 610
[SEALED] DECLARATION re #598 Answering Brief in Opposition, #603 Answering Brief in Opposition, #596 Answering Brief in Opposition, #599 Answering Brief in Opposition, #604 Answering Brief in Opposition, #594 Answering Brief in Opposition, #601 Answering Brief in Opposition, of Robert Heiblim by Personal Audio LLC. (Farnan, Michael)
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Filing 609
[SEALED] DECLARATION re #598 Answering Brief in Opposition, #603 Answering Brief in Opposition, #596 Answering Brief in Opposition, #599 Answering Brief in Opposition, #604 Answering Brief in Opposition, #594 Answering Brief in Opposition, #601 Answering Brief in Opposition, of Michele M. Riley by Personal Audio LLC. (Farnan, Michael)
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Filing 608
[SEALED] DECLARATION re #598 Answering Brief in Opposition, #603 Answering Brief in Opposition, #596 Answering Brief in Opposition, #599 Answering Brief in Opposition, #604 Answering Brief in Opposition, #594 Answering Brief in Opposition, #601 Answering Brief in Opposition, of Kevin C. Almeroth by Personal Audio LLC. (Farnan, Michael)
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Filing 607
NOTICE of Submission of Source Code in Paper Format by Personal Audio LLC re #605 Declaration, (Farnan, Michael)
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Filing 606
NOTICE of filing the following Non-Paper material(s) in multi media format: two flash drives containing Exhibits A to JJJ to the Declaration of Douglas Q. Hahn (D.I. 605). Original Non-paper material(s) to be filed with the Clerk's Office. Notice filed by Michael J. Farnan on behalf of Personal Audio LLC (Farnan, Michael)
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Filing 605
[SEALED] DECLARATION re #598 Answering Brief in Opposition, #603 Answering Brief in Opposition, #596 Answering Brief in Opposition, #599 Answering Brief in Opposition, #604 Answering Brief in Opposition, #594 Answering Brief in Opposition, #601 Answering Brief in Opposition, of Douglas Q. Hahn by Personal Audio LLC. (Attachments: #1 Appendix A)(Farnan, Michael)
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Filing 604
[SEALED] ANSWERING BRIEF in Opposition re #569 MOTION to Preclude Expert Testimony of Robert Heiblim filed by Personal Audio LLC.Reply Brief due date per Local Rules is 8/10/2021. (Farnan, Michael)
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Filing 603
[SEALED] ANSWERING BRIEF in Opposition re #567 MOTION to Preclude Expert Testimony of Michele Riley filed by Personal Audio LLC.Reply Brief due date per Local Rules is 8/10/2021. (Farnan, Michael)
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Filing 602
[SEALED] STATEMENT re #601 Answering Brief in Opposition, Plaintiff's Responsive Concise Statement Of Facts In Opposition To Google's Motion For Summary Judgment Of Invalidity by Personal Audio LLC. (Farnan, Michael)
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Filing 601
[SEALED] ANSWERING BRIEF in Opposition re #564 MOTION for Summary Judgment of Invalidity of Claims 2 and 3 of the '076 Patent filed by Personal Audio LLC.Reply Brief due date per Local Rules is 8/10/2021. (Farnan, Michael) (Main Document 601 replaced on 9/1/2021) (dlb).
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Filing 600
[SEALED] STATEMENT re #599 Answering Brief in Opposition, Plaintiff's Responsive Concise Statement Of Facts In Opposition To Google's Motion For Summary Judgment Of Non-Infringement As To "Means For Continuously Reproducing" Limitation by Personal Audio LLC. (Farnan, Michael)
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Filing 599
[SEALED] ANSWERING BRIEF in Opposition re #561 MOTION for Summary Judgment of Non-Infringement as to "Means for Continuously Reproducing..." filed by Personal Audio LLC.Reply Brief due date per Local Rules is 8/10/2021. (Farnan, Michael)
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Filing 598
[SEALED] ANSWERING BRIEF in Opposition re #558 MOTION to Preclude Expert Testimony as to "Sequencing File" Limitation filed by Personal Audio LLC.Reply Brief due date per Local Rules is 8/10/2021. (Farnan, Michael)
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Filing 597
[SEALED] STATEMENT re #596 Answering Brief in Opposition, Plaintiff's Responsive Concise Statement Of Facts In Opposition To Google's Motion To Exclude Expert Testimony And For Summary Judgment Of Non-Infringement As To "File" Limitation by Personal Audio LLC. (Farnan, Michael)
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Filing 596
[SEALED] ANSWERING BRIEF in Opposition re #555 MOTION to Preclude Expert Testimony MOTION for Summary Judgment of Non-Infringement as to File filed by Personal Audio LLC.Reply Brief due date per Local Rules is 8/10/2021. (Farnan, Michael)
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Filing 595
[SEALED] STATEMENT re #594 Answering Brief in Opposition, Plaintiff's Responsive Concise Statement of Facts in Opposition to Google's Motion for Summary Judgment of Non-Infringement as to Accused Third-Party Products by Personal Audio LLC. (Farnan, Michael)
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Filing 594
[SEALED] ANSWERING BRIEF in Opposition re #552 MOTION for Summary Judgment of Non-Infringement as to Accused Third-Party Products Pursuant to 35 U.S.C. 271(a), 271(b), 271(c), and 271(f) filed by Personal Audio LLC.Reply Brief due date per Local Rules is 8/10/2021. (Farnan, Michael)
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Filing 593
STIPULATION TO EXTEND TIME various documents to various dates (see Stipulation) - filed by Google LLC. (Egan, Brian)
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SO ORDERED D.I. #593 STIPULATION TO EXTEND TIME various documents to various dates (see Stipulation) filed by Google LLC. Ordered by Judge Christopher J. Burke on 7/23/2021. (dlb)
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Filing 592
ORAL ORDER: The Court, having reviewed the parties' July 9, 2021 stipulation, (D.I. 591), hereby ORDERS that the Court will hear argument regarding Plaintiff's Motion for Adverse Inference (D.I. 543) on September 22, 2021 at 11:00 a.m. Ordered by Judge Christopher J. Burke on 7/12/2021. (dlb)
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SO ORDERED D.I. #591 STIPULATION TO EXTEND TIME (i) for Defendant to respond to Plaintiff's Motion for Adverse Inference and (ii) for Plaintiff to submit its Reply in Support of its Motion for Adverse Inference to (i) 7/27/2021 and (ii) 8/24/2021 filed by Personal Audio LLC. Ordered by Judge Christopher J. Burke on 7/12/2021. (dlb)
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Filing 591
STIPULATION TO EXTEND TIME (i) for Defendant to respond to Plaintiff's Motion for Adverse Inference and (ii) for Plaintiff to submit its Reply in Support of its Motion for Adverse Inference to (i) 7/27/2021 and (ii) 8/24/2021 - filed by Personal Audio LLC. (Piergiovanni, Rosemary)
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Filing 590
REDACTED VERSION of #571 Declaration,,, by Google LLC. (Attachments: #1 Exhibits A-F, #2 Exhibits H-X, #3 Exhibits Z-PP)(Moshos, Andrew)
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Filing 589
REDACTED VERSION of #570 Opening Brief in Support by Google LLC. (Moshos, Andrew)
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Filing 588
REDACTED VERSION of #568 Opening Brief in Support by Google LLC. (Moshos, Andrew)
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Filing 587
REDACTED VERSION of #566 Statement by Google LLC. (Moshos, Andrew)
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Filing 586
REDACTED VERSION of #565 Opening Brief in Support by Google LLC. (Moshos, Andrew)
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Filing 585
REDACTED VERSION of #563 Statement by Google LLC. (Moshos, Andrew)
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Filing 584
REDACTED VERSION of #562 Opening Brief in Support, by Google LLC. (Moshos, Andrew)
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Filing 583
REDACTED VERSION of #560 Declaration by Google LLC. (Moshos, Andrew)
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Filing 582
REDACTED VERSION of #559 Opening Brief in Support by Google LLC. (Moshos, Andrew)
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Filing 581
REDACTED VERSION of #557 Statement by Google LLC. (Moshos, Andrew)
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Filing 580
REDACTED VERSION of #556 Opening Brief in Support, by Google LLC. (Moshos, Andrew)
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Filing 579
REDACTED VERSION of #554 Statement, by Google LLC. (Moshos, Andrew)
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Filing 578
REDACTED VERSION of #553 Opening Brief in Support, by Google LLC. (Moshos, Andrew)
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Filing 577
REDACTED VERSION of #545 Declaration, by Personal Audio LLC. (Attachments: #1 Exhibits 1-11)(Farnan, Brian)
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Filing 576
REDACTED VERSION of #544 Opening Brief in Support by Personal Audio LLC. (Farnan, Brian)
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Filing 575
REDACTED VERSION of #551 Declaration,,, by Personal Audio LLC. (Attachments: #1 Exhibits 1-32)(Farnan, Brian)
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Filing 574
REDACTED VERSION of #550 Statement, by Personal Audio LLC. (Farnan, Brian)
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Filing 573
REDACTED VERSION of #549 Opening Brief in Support, by Personal Audio LLC. (Farnan, Brian)
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Filing 572
REDACTED VERSION of #547 Opening Brief in Support by Personal Audio LLC. (Farnan, Brian)
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MOTION REFERRED: #543 MOTION for Adverse Inference Motion referred to Christopher J. Burke.(dlb)
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Filing 571
[SEALED] DECLARATION re #564 MOTION for Summary Judgment of Invalidity of Claims 2 and 3 of the '076 Patent, #558 MOTION to Preclude Expert Testimony as to "Sequencing File" Limitation, #555 MOTION to Preclude Expert Testimony MOTION for Summary Judgment of Non-Infringement as to File, #567 MOTION to Preclude Expert Testimony of Michele Riley, #569 MOTION to Preclude Expert Testimony of Robert Heiblim, #552 MOTION for Summary Judgment of Non-Infringement as to Accused Third-Party Products Pursuant to 35 U.S.C. 271(a), 271(b), 271(c), and 271(f), #561 MOTION for Summary Judgment of Non-Infringement as to "Means for Continuously Reproducing..." -- Declaration of Antonio Sistos -- by Google LLC. (Attachments: #1 Exs. A-F, #2 Exs. H-X, #3 Exs. Z-PP)(Egan, Brian)
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Filing 570
[SEALED] OPENING BRIEF in Support re #569 MOTION to Preclude Expert Testimony of Robert Heiblim - filed by Google LLC.Answering Brief/Response due date per Local Rules is 7/13/2021. (Egan, Brian)
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Filing 569
MOTION to Preclude Expert Testimony of Robert Heiblim - filed by Google LLC. Motions referred to Christopher J. Burke.(Egan, Brian)
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Filing 568
[SEALED] OPENING BRIEF in Support re #567 MOTION to Preclude Expert Testimony of Michele Riley - filed by Google LLC.Answering Brief/Response due date per Local Rules is 7/13/2021. (Egan, Brian)
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Filing 567
MOTION to Preclude Expert Testimony of Michele Riley - filed by Google LLC. Motions referred to Christopher J. Burke.(Egan, Brian)
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Filing 566
[SEALED] STATEMENT -- Concise Statement of Fact re #564 MOTION for Summary Judgment of Invalidity of Claims 2 and 3 of the '076 Patent -- by Google LLC. (Egan, Brian)
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Filing 565
[SEALED] OPENING BRIEF in Support re #564 MOTION for Summary Judgment of Invalidity of Claims 2 and 3 of the '076 Patent - filed by Google LLC.Answering Brief/Response due date per Local Rules is 7/13/2021. (Egan, Brian)
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Filing 564
MOTION for Summary Judgment of Invalidity of Claims 2 and 3 of the '076 Patent - filed by Google LLC. Motions referred to Christopher J. Burke.(Egan, Brian)
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Filing 563
[SEALED] STATEMENT -- Concise Statement of Fact re #561 MOTION for Summary Judgment of Non-Infringement as to "Means for Continuously Reproducing..." -- by Google LLC. (Egan, Brian)
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Filing 562
[SEALED] OPENING BRIEF in Support re #561 MOTION for Summary Judgment of Non-Infringement as to "Means for Continuously Reproducing..." - filed by Google LLC.Answering Brief/Response due date per Local Rules is 7/13/2021. (Egan, Brian)
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Filing 561
MOTION for Summary Judgment of Non-Infringement as to "Means for Continuously Reproducing..." - filed by Google LLC. Motions referred to Christopher J. Burke.(Egan, Brian)
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Filing 560
[SEALED] DECLARATION re #558 MOTION to Preclude Expert Testimony as to "Sequencing File" Limitation -- Declaration of Igor Razumeiko -- by Google LLC. (Egan, Brian)
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Filing 559
[SEALED] OPENING BRIEF in Support re #558 MOTION to Preclude Expert Testimony as to "Sequencing File" Limitation - filed by Google LLC.Answering Brief/Response due date per Local Rules is 7/13/2021. (Egan, Brian)
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Filing 558
MOTION to Preclude Expert Testimony as to "Sequencing File" Limitation - filed by Google LLC. Motions referred to Christopher J. Burke.(Egan, Brian)
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Filing 557
[SEALED] STATEMENT -- Concise Statement of Fact re #555 MOTION to Preclude Expert Testimony MOTION for Summary Judgment of Non-Infringement as to File -- by Google LLC. (Egan, Brian)
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Filing 556
[SEALED] OPENING BRIEF in Support re #555 MOTION to Preclude Expert Testimony MOTION for Summary Judgment of Non-Infringement as to File - filed by Google LLC.Answering Brief/Response due date per Local Rules is 7/13/2021. (Egan, Brian)
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Filing 555
MOTION to Preclude Expert Testimony, MOTION for Summary Judgment of Non-Infringement as to File - filed by Google LLC. Motions referred to Christopher J. Burke.(Egan, Brian)
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Filing 554
[SEALED] STATEMENT -- Concise Statement of Fact re #552 MOTION for Summary Judgment of Non-Infringement as to Accused Third-Party Products Pursuant to 35 U.S.C. 271(a), 271(b), 271(c), and 271(f) -- by Google LLC. (Egan, Brian)
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Filing 553
[SEALED] OPENING BRIEF in Support re #552 MOTION for Summary Judgment of Non-Infringement as to Accused Third-Party Products Pursuant to 35 U.S.C. 271(a), 271(b), 271(c), and 271(f) - filed by Google LLC.Answering Brief/Response due date per Local Rules is 7/13/2021. (Egan, Brian)
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Filing 552
MOTION for Summary Judgment of Non-Infringement as to Accused Third-Party Products Pursuant to 35 U.S.C. 271(a), 271(b), 271(c), and 271(f) - filed by Google LLC. Motions referred to Christopher J. Burke.(Egan, Brian)
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Filing 551
[SEALED] DECLARATION re #547 Opening Brief in Support, #549 Opening Brief in Support, of Douglas Q. Hahn 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, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32)(Farnan, Brian)
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Filing 550
[SEALED] STATEMENT re #549 Opening Brief in Support, Plaintiff's Concise Statement of Uncontested Facts in Support of its Motion for Summary Judgment on Defendant Google LLC's Invalidity Defenses by Personal Audio LLC. (Farnan, Brian)
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Filing 549
[SEALED] OPENING BRIEF in Support re #548 MOTION for Summary Judgment on Defendant Google LLC's Invalidity Defenses filed by Personal Audio LLC.Answering Brief/Response due date per Local Rules is 7/13/2021. (Farnan, Brian)
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Filing 548
MOTION for Summary Judgment on Defendant Google LLC's Invalidity Defenses - filed by Personal Audio LLC. (Attachments: #1 Text of Proposed Order)Motions referred to Christopher J. Burke.(Farnan, Brian)
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Filing 547
[SEALED] OPENING BRIEF in Support re #546 MOTION to Preclude Testimony and Opinions of Dr. Schuyler Quackenbush filed by Personal Audio LLC.Answering Brief/Response due date per Local Rules is 7/13/2021. (Farnan, Brian)
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Filing 546
MOTION to Preclude Testimony and Opinions of Dr. Schuyler Quackenbush - filed by Personal Audio LLC. (Attachments: #1 Text of Proposed Order)Motions referred to Christopher J. Burke.(Farnan, Brian)
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Filing 545
[SEALED] DECLARATION re #544 Opening Brief in Support of Douglas Q. Hahn 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, #11 Exhibit 11)(Farnan, Brian)
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Filing 544
[SEALED] OPENING BRIEF in Support re #543 MOTION for Adverse Inference filed by Personal Audio LLC.Answering Brief/Response due date per Local Rules is 7/13/2021. (Farnan, Brian)
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Filing 543
MOTION for Adverse Inference - filed by Personal Audio LLC. (Attachments: #1 Text of Proposed Order)Motions referred to Christopher J. Burke.(Farnan, Brian)
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Filing 542
ORAL ORDER: The Court, having reviewed the parties' June 10, 2021 letter, (D.I. 541), appreciates the parties raising the issue of the format of motions for summary judgment and Daubert motions in light of the upcoming deadline for opening briefs. Given the circumstances set out in the letter, the Court will ADOPT Judge Connolly's requirements for such motions that are set out in paragraphs 20(b)-(h) of Judge Connolly's form Scheduling Order. Ordered by Judge Christopher J. Burke on 6/11/2021. (dlb)
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Filing 541
Letter to The Honorable Christopher J. Burke from Brian P. Egan regarding clarification concerning the format of motions for summary judgment and Daubert motions. (Egan, Brian)
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SO ORDERED D.I. #540 Stipulation regarding Amendment to certain Scheduling Order deadlines filed by Personal Audio LLC. Ordered by Judge Christopher J. Burke on 5/27/2021. (dlb)
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Filing 540
STIPULATION regarding Amendment to Scheduling Order by Personal Audio LLC. (Piergiovanni, Rosemary)
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SO ORDERED D.I. #539 MOTION for Pro Hac Vice Appearance of Attorney Ahmad Takouche filed by Personal Audio LLC. Ordered by Judge Christopher J. Burke on 5/26/2021. (dlb)
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Filing 539
MOTION for Pro Hac Vice Appearance of Attorney Ahmad Takouche - filed by Personal Audio LLC. Motions referred to Christopher J. Burke.(Farnan, Michael)
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Filing 538
ORAL ORDER: The Court, having reviewed the May 14, 2021 letter, (D.I. #537 ), hereby ORDERS as follows: (1) The discovery dispute motion, (D.I. 529), is DENIED as moot; and (2) the deposition of Dr. Mayer-Patel may go forward on June 2, 2021. Ordered by Judge Christopher J. Burke on 5/14/2021. (mlc)
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Filing 537
Letter to The Honorable Christopher J. Burke from Rosemary J. Piergiovanni regarding Agreement on Plaintiff's Motion. (Piergiovanni, Rosemary)
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Filing 536
Letter to The Honorable Christopher J. Burke from Rosemary J. Piergiovanni regarding Further Follow up on Expert Report Compromise - re #535 Letter, #534 Letter. (Piergiovanni, Rosemary)
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Filing 535
Letter to The Honorable Christopher J. Burke from Rosemary J. Piergiovanni regarding Follow-up on Discovery Compromise - re #534 Letter. (Piergiovanni, Rosemary)
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Filing 534
Letter to The Honorable Christopher J. Burke from Rosemary J. Piergiovanni regarding Proposed Compromise on Expert Reports. (Piergiovanni, Rosemary)
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Minute Entry for proceedings held before Judge Christopher J. Burke - Discovery dispute teleconference held on 5/10/2021. The Court heard argument from the parties regarding Plaintiff's discovery dispute, (D.I. #529 ). Plaintiff shall file a letter by the end of the day indicating whether it wishes to further meet and confer regarding the issue or if the Court should proceed with resolving the dispute. (Court Reporter Valerie Gunning. Clerk: M. Crawford) Appearances: R. Piergiovanni, D. Hahn, S. Hanle and V. Hardy for Plaintiff; B. Egan and M. Baily for Defendant. (mlc)
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Filing 533
Letter to The Honorable Christopher J. Burke from Brian P. Egan regarding Opposition to Motion for Sur-Reply - re #532 Letter. (Attachments: #1 Exhibit 1)(Egan, Brian)
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Filing 532
Letter to The Honorable Christopher J. Burke from Rosemary J. Piergiovanni regarding Discovery Dispute. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Piergiovanni, Rosemary)
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Filing 531
NOTICE of Change of Address by Rosemary Jean Piergiovanni (Piergiovanni, Rosemary)
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Filing 530
REDACTED VERSION of #521 Letter by Personal Audio LLC. (Piergiovanni, Rosemary)
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Filing 529
MOTION for Teleconference to Resolve Discovery Dispute - filed by Personal Audio LLC. Motions referred to Christopher J. Burke.(Piergiovanni, Rosemary)
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Filing 528
ORAL ORDER Setting Teleconference: The Court has reviewed the parties' April 15, 2021 letter regarding one discovery dispute. (D.I. 526) It hereby ORDERS that the procedures for resolving a discovery dispute set out in the Scheduling Order will be modified as follows with regard to this dispute. To that end: (1) A discovery dispute teleconference is set for 5/10/2021 at 01:00 PM before Judge Christopher J. Burke.; (2) By no later than April 23, 2021, any party seeking relief shall file a letter, not to exceed three (3) single-spaced pages, in no less than 12-point font, outlining the issues in dispute and its position on those issues.; (3) By no later than April 30, 2021, any party opposing the application for relief may file a letter, not to exceed three (3) single-spaced pages, in no less than 12-point font, outlining that partys reasons for its opposition.; (4) The parties should also consult Judge Burke's "Guidelines for Discovery Disputes," which is found in the "Guidelines" tab on Judge Burke's portion of the District Court's website.; (5) The parties shall jointly file a Motion For Teleconference To Resolve Discovery Dispute.; (6) By no later than May 6, 2021, the parties shall jointly provide the Court's Courtroom Deputy, Ms. Benyo, with a dial-in number via email to use for the call.; and (7) It is possible that the Court may choose to resolve this dispute prior to the telephone conference and may, in that event, cancel the conference.Ordered by Judge Christopher J. Burke on 4/16/2021. (mlc)
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Filing 527
REDACTED VERSION of #524 MOTION for Leave to Supplement Record Concerning Discovery Dispute re #519 Letter (Unopposed) by Google LLC. (Attachments: #1 Exhibit 1)(Egan, Brian)
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Filing 526
Letter to The Honorable Christopher J. Burke from Rosemary J. Piergiovanni regarding Discovery Dispute. (Piergiovanni, Rosemary)
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Filing 525
ORAL ORDER: In light of the Court's resolution of Google's discovery dispute motion during today's teleconference, (D.I. 518), the Court hereby ORDERS that the hearing on case-dispositive and Daubert motions is rescheduled from August 3, 2021 to September 22, 2021 at 11:00 AM in Courtroom 2A before Judge Christopher J. Burke. Ordered by Judge Christopher J. Burke on 4/12/2021. (mlc)
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Filing 524
[SEALED] MOTION for Leave to Supplement Record Concerning Discovery Dispute re #519 Letter (Unopposed) - filed by Google LLC. (Attachments: #1 Ex. 1)Motions referred to Christopher J. Burke.(Egan, Brian)
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SO ORDERED D.I. #524 MOTION for Leave to Supplement Record Concerning Discovery Dispute re #519 Letter (Unopposed) filed by Google LLC Ordered by Judge Christopher J. Burke on 4/12/2021. (mlc)
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Minute Entry for proceedings held before Judge Christopher J. Burke - Discovery dispute teleconference held on 4/12/2021. The Court heard the parties' arguments regarding Google's discovery dispute motion, (D.I. 518). The Court resolved the dispute on the teleconference and the transcript will serve as the Court's order. (Court Reporter Jennifer Guy. Clerk: M. Crawford) Appearances: R. Piergiovanni, D. Hahn and V. Hardy for Plaintiff; B. Egan and M. Baily for Defendant. (mlc)
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Filing 523
REDACTED VERSION of #519 Letter - by Google LLC. (Attachments: #1 Exs. 1-10)(Egan, Brian)
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Filing 522
NOTICE to Take Deposition of Dr. Kevin C. Almeroth on April 29-30, 2021 filed by Google LLC.(Egan, Brian)
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Filing 521
[SEALED] Letter to The Honorable Christopher J. Burke from Brian E. Farnan regarding Response to Defendant's April 2, 2021 Letter - re #519 Letter. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Farnan, Brian)
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Filing 520
NOTICE to Take Deposition of Dr. Ketan Mayer-Patel on 4/16/2021 filed by Personal Audio LLC.(Farnan, Brian)
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Filing 519
[SEALED] Letter to The Honorable Christopher J. Burke from Brian P. Egan regarding Discovery Dispute. (Attachments: #1 Exs. 1-10)(Egan, Brian)
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Filing 518
Joint MOTION for Teleconference to Resolve Discovery Dispute - filed by Google LLC. Motions referred to Christopher J. Burke.(Moshos, Andrew)
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Filing 517
ORAL ORDER Setting Teleconference: The Court has reviewed the parties' March 26, 2021 letter regarding 1 discovery dispute. (D.I. 516) It hereby ORDERS that the procedures for resolving a discovery dispute set out in the Scheduling Order will be modified as follows with regard to this dispute. To that end: (1) A discovery dispute teleconference is set for 4/12/2021 at 02:00 PM before Judge Christopher J. Burke.; (2) By no later than April 2, 2021, any party seeking relief shall file a letter, not to exceed three (3) single-spaced pages, in no less than 12-point font, outlining the issues in dispute and its position on those issues.; (3) By no later than April 8, 2021, any party opposing the application for relief may file a letter, not to exceed three (3) single-spaced pages, in no less than 12-point font, outlining that party(s) reasons for its opposition.; (4) The parties should also consult Judge Burke's "Guidelines for Discovery Disputes," which is found in the "Guidelines" tab on Judge Burke's portion of the District Court's website.; (5) The parties shall jointly file a Motion For Teleconference To Resolve Discovery Dispute.; (6) By no later than April 8, 2021, the parties shall jointly provide the Court's Courtroom Deputy, Ms. Benyo, with a dial-in number via email to use for the call.; and (7) It is possible that the Court may choose to resolve this dispute prior to the telephone conference and may, in that event, cancel the conference. Ordered by Judge Christopher J. Burke on 3/26/2021. (mlc)
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Filing 516
Letter to The Honorable Christopher J. Burke from Brian P. Egan regarding request for the scheduling of a discovery teleconference. (Egan, Brian)
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Filing 515
SO ORDERED D.I. #514 Stipulation filed by Personal Audio LLC Resetting Scheduling Order Deadlines. Expert Discovery due by 4/16/2021, Dispositive Motions due by 5/14/2021, A Motion Hearing is set for 8/3/2021 at 11:00 AM before Judge Christopher J. Burke. Signed by Judge Christopher J. Burke on 3/8/2021. (dlb)
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Filing 514
STIPULATION and Proposed Order Regarding Schedule by Personal Audio LLC. (Farnan, Michael)
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SO ORDERED D.I> #513 STIPULATION TO EXTEND TIME for the parties to submit a revised proposed schedule to March 5, 2021 filed by Google LLC. Ordered by Judge Christopher J. Burke on 3/1/2021. (dlb)
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Filing 513
STIPULATION TO EXTEND TIME for the parties to submit a revised proposed schedule to March 5, 2021 - filed by Google LLC. (Egan, Brian)
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Filing 512
[UNSEALED] MEMORANDUM ORDER DENYING D.I. #472 MOTION to Strike Portions of the Reply Expert Report of Dr. Kevin C. Almeroth re Infringement of U.S. Patent Nos. 6,199,076 and 7,509,178 filed by Google LLC. Signed by Judge Christopher J. Burke on 2/19/2021.This order has been emailed to local counsel. (mlc) Modified on 2/25/2021 (mlc).
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Pro Hac Vice Attorney Steven M. Hanle 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. (kmd)
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Filing 511
ORAL ORDER: The Court, having reviewed Plaintiff Personal Audio, LLC's Motion to Strike Portions of the Reply Expert Report of Dr. Schuyler Quackenbush ("Motion"), (D.I. 495), and the briefing related thereto, (D.I. 496; D.I. 501; D.I. 502), and having heard argument on November 2, 2020, hereby DENIES Plaintiffs Motion for the reasons that follow: (1) Plaintiff's Motion is premised on the assertion that Paragraph 47 and Exhibits B-L of Dr. Quackenbush's reply expert report (which describe Dr. Quackenbush's personal use of the Microsoft Windows CD Player system on a Windows 95 computer) is not proper rebuttal to the opinions of Plaintiffs expert Dr. Kevin Almeroth and should have been presented "during discovery as part of Google's Invalidity Contentions or in response to discovery requests." (D.I. 496 at 1; see also D.I. 502 at 2) However, Google did identify a "Conventional Computer Running Windows 95" in its Invalidity Contentions as allegedly invalidating prior art. (D.I. 501 at 1 & exs. A at 14, B, C) And, as Google argues, in his rebuttal report, Dr. Almeroth does appear to have attempted to bolster his position regarding how the source code works in this system by making assertions about the user experience during the operation of the system. (D.I. 501, ex. E at paras. 168, 177) These arguments had not been disclosed to Google prior to service of Dr. Almeroth's report. (D.I. 501 at 3 n.3) The Court thus agrees with Google that the material at issue in Dr. Quackenbush's report is related to Google's prior art disclosure and also amounts to a proper reply to Dr. Almeroth's arguments about that prior art. (D.I. 501 at 2-4 & n.3) Based on these facts, the Court cannot find that Defendant's conduct violated any discovery rule.; (2) That said, Defendant has offered that Plaintiff may inspect the hardware purchased for Dr. Quackenbush and may depose Dr. Mayer-Patel regarding his opinion that the hardware is representative of a "Conventional Computer Running Windows 95" during the normal course of expert discovery. (Id. at 5) It may also be that certain targeted additional discovery is warranted regarding the relevant aspects of Dr. Quackenbush's reply report, though the Court has not yet been persuaded of that. The parties shall further meet and confer on the issue and may utilize the Courts discovery dispute process if further disputes arise in that regard.. Signed by Judge Christopher J. Burke on 11/3/2020. (dlb)
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Minute Entry for proceedings held before Judge Christopher J. Burke - Telephone Conference held on 11/2/2020. The Court heard argument from the parties regarding Plaintiff's Motion to Strike, (D.I. #495 ). The Court took the matter under advisement and will issue an opinion. (Court Reporter Valerie Gunning. Clerk: M. Crawford) Appearances: Appearances: R. Piergiovanni, S. Hanle, D. Hahn and V. Hardy for Plaintiff; B. Egan and M. Baily for Defendant. (mlc)
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Filing 510
ORAL ORDER: The Court, having reviewed Plaintiff Personal Audio, LLC's Motion to Strike Portions of the Rebuttal Expert Report of Dr. Ketan Mayer-Patel Regarding Noninfringement ("Motion"), (D.I. 475), and the briefing related thereto, (D.I. 476; D.I. 482; D.I. 485), and having heard argument on October 19, 2020, hereby ORDERS as follows: (1) With regard to Plaintiff's request that the Court strike certain arguments raised by Defendant Google LLC in Dr. Mayer-Patel's report, (D.I. 476 at 1), it is DENIED. The primary basis for this request is that Dr. Mayer-Patel's report for the first time raised arguments that included citations relating to Defendant's source code. (Id. at 1-2) While Plaintiff's Interrogatory No. 6 did ask Defendant to cite to "'all lines of Software code'" when setting out its non-infringement contentions, (id. at 1), and Defendants prior responses did not do so, in those responses, Defendant asserted that it did not need to do so because it had made its source code available for inspection, (see, e.g., id., ex. D at 9). Yet Plaintiff never objected to Defendant's responses in that regard. (D.I. 482 at 1, 3-4) Even following receipt of Dr. Mayer-Patel's report in June 2020, Plaintiff (who, in the interval, had its expert review the source code at issue yet again) simply served its reply report without claiming to have been prejudiced by the content of Dr. Mayer-Patel's report. (Id.) It was only after Defendant advised Plaintiff in August 2020 that it intended to move to strike certain material from Plaintiff's expert reply report that Plaintiff, for the first time, raised an issue with Dr. Mayer-Patel's report. (Id. at 2) Indeed, it is undisputed that Plaintiff would not have filed the instant motion had Google not filed its own motion to strike. (Id.; D.I. 485 at 2) Based on these facts, the Court cannot find that Defendant's conduct violated Federal Rule of Civil Procedure 26(e) or any other discovery rule.; (2) With regard to Plaintiff's alternative request that the Court order Defendant to provide Plaintiff with copies of all of the source code that Dr. Mayer-Patel relies upon in the report, (D.I. 476 at 3; D.I. 485 at 2), Plaintiff's request is DENIED. Having found no discovery violation, no such relief is justified pursuant to this Motion. That said, the Court encourages the parties to further meet and confer on the issue to determine if some more "narrowly tailored" compromise, along the lines of what Defendant suggested in its brief, (D.I. 482 at 5), can be reached. Ordered by Judge Christopher J. Burke on 10/26/2020. (dlb)
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Filing 509
Letter to The Honorable Christopher J. Burke from Rosemary J. Piergiovanni regarding Correction to Plaintiff's Opposition to Google's Motion to Strike - re #478 Letter,. (Attachments: #1 Attachment)(Piergiovanni, Rosemary)
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Filing 508
Letter to The Honorable Christopher J. Burke from Brian P. Egan regarding Opposition to Personal Audio's Motion to Strike - re #482 Answering Brief in Opposition,. (Egan, Brian)
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Minute Entry for proceedings held before Judge Christopher J. Burke - Telephone Conference held on 10/19/2020 regarding Plaintiff's Motion to Strike Portions of the Rebuttal Report of Dr. Ketan Mayer-Patel regarding Noninfringement, (D.I. #475 ) and Defendant's Motion to Strike Portions of the Reply Expert Report of Dr. Kevin C. Almeroth re Infringement of U.S. Patent Nos. 6,199,076 and 7,509,178, (D.I. #472 ). The Court heard argument from the parties and took the motions under advisement. (Court Reporter Stacy Ingram (Hawkins). Clerk: M. Crawford) Appearances: R. Piergiovanni, S. Hanle, D. Hahn and V. Hardy for Plaintiff; A. Moshos, M. Baily and A. Sisto for Defendant. (mlc)
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Filing 507
ORAL ORDER Setting Teleconference: The Court hereby ORDERS that the teleconference regarding Plaintiff's Motion to Strike Portions of the Reply Expert Report of Dr. Schuyler Quackenbush, (D.I. 495), is rescheduled to 11/2/2020 at 11:00 AM before Judge Christopher J. Burke.; and (2) By no later than October 29, 2020, the parties shall jointly provide the Court's Courtroom Deputy, Ms. Benyo, with a dial-in number via e-mail to use for the call.Ordered by Judge Christopher J. Burke on 10/14/2020. (mlc)
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Filing 506
REDACTED VERSION of #502 Letter, Reply Letter Brief in Support of Plaintiff's Motion to Strike by Personal Audio LLC. (Piergiovanni, Rosemary)
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Filing 505
REDACTED VERSION of #501 Letter by Google LLC. (Attachments: #1 Exhibits A-I)(Egan, Brian)
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Filing 504
ORAL ORDER Setting Teleconference: The Court has reviewed Plaintiff's October 2, 2020 letter requesting a teleconference regarding Plaintiff's Motion to Strike Portions of the Reply Expert Report of Dr. Schuyler Quackenbush, (D.I. 495). It hereby ORDERS as follows: (1) A teleconference to address this motion is set for November 3, 2020 at 11:00 a.m. before Judge Christopher J. Burke.; (2) By no later than October 29, 2020, the parties shall jointly provide the Court's Courtroom Deputy, Ms. Benyo, with a dial-in number via e-mail to use for the call.; and (3) By no later than by October 20, 2020, the parties shall submit to the Court two hard copies of the briefs and accompanying exhibits/declarations for the Motion. Ordered by Judge Christopher J. Burke on 10/5/2020. (dlb)
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Filing 503
Letter to The Honorable Christopher J. Burke from Rosemary J. Piergiovanni regarding Requesting Teleconference on Plaintiff's Motion to Strike - re #495 MOTION to Strike . (Piergiovanni, Rosemary)
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Filing 502
[SEALED] Letter to The Honorable Christopher J. Burke from Rosemary J. Piergiovanni regarding Reply Letter Brief in support of Plaintiff's Motion to Strike - re #495 MOTION to Strike . (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Piergiovanni, Rosemary)
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Filing 501
[SEALED] Letter to The Honorable Christopher J. Burke from Brian P. Egan regarding Opposition to Personal Audio's Motion to Strike - re #495 MOTION to Strike . (Attachments: #1 Exhibits A-I)(Egan, Brian)
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Filing 500
REDACTED VERSION of #496 Letter, by Personal Audio LLC. (Attachments: #1 Exhibits 1-6)(Piergiovanni, Rosemary)
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Filing 499
REDACTED VERSION of #495 MOTION to Strike by Personal Audio LLC. (Piergiovanni, Rosemary)
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Filing 498
MULTI MEDIA DOCUMENT filed by Personal Audio LLC in the form of 2 flash drives containing Exhibits B - L to the Reply Expert Report of Schuyler Quackenbush (Which is attached as Exhibit 1 to D.I. 496). Filing related to #497 Notice of Filing Multi Media Materials,. (Media on file in Clerk's Office). (dlb)
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Filing 497
NOTICE of filing the following Non-Paper material(s) in multi media format: two flash drives containing Exhibits B through L to the Reply Expert Report of Schuyler Quackenbush, attached as Exhibit 1 to Plaintiff's Letter Brief in Support of its Motion to Strike (D.I. 496). Original Non-paper material(s) to be filed with the Clerk's Office. Notice filed by Rosemary Jean Piergiovanni on behalf of Personal Audio LLC (Piergiovanni, Rosemary)
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Filing 496
[SEALED] Letter to The Honorable Christopher J. Burke from Rosemary J. Piergiovanni regarding Opening Letter Brief in Support of Motion to Strike - re #495 MOTION to Strike . (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Piergiovanni, Rosemary)
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Filing 495
[SEALED] MOTION to Strike - filed by Personal Audio LLC. Motions referred to Christopher J. Burke.(Piergiovanni, Rosemary)
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Filing 494
REDACTED VERSION of #486 Letter, by Google LLC. (Attachments: #1 Exs. 1-3)(Egan, Brian)
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Filing 493
REDACTED VERSION of #485 Letter, by Personal Audio LLC. (Attachments: #1 Exhibits F-H)(Piergiovanni, Rosemary)
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Filing 492
REDACTED VERSION of #479 Declaration by Personal Audio LLC. (Attachments: #1 Exhibit A)(Piergiovanni, Rosemary)
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Filing 491
REDACTED VERSION of #478 Letter, by Personal Audio LLC. (Attachments: #1 Exhibits 1-7)(Piergiovanni, Rosemary)
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Filing 490
REDACTED VERSION of #482 Answering Brief in Opposition, by Google LLC. (Attachments: #1 Exhibits 1-15)(Egan, Brian)
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Filing 489
ORAL ORDER: The Court hereby ORDERS that by September 25, 2020, the parties shall submit to the Court two hard copies of the briefs and accompanying exhibits/declarations for: (1) Defendant Google LLC's Motion to Strike Portions of the Reply Expert Report of Dr. Kevin C. Almeroth, (D.I. 472); and (2) Plaintiff Personal Audio, LLC's Motion to Strike Portions of the Rebuttal Expert Report of Dr. Ketan Mayer-Patel, (D.I. 475). Ordered by Judge Christopher J. Burke on 9/16/2020. (dlb)
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Filing 488
ORAL ORDER Setting Teleconference: The Court has reviewed the parties' September 15, 2020 letter requesting a teleconference regarding (a) Defendant Google LLCs Motion to Strike Portions of the Reply Expert Report of Dr. Kevin C. Almeroth, (D.I. 472); and (b) Plaintiff Personal Audio, LLCs Motion to Strike Portions of the Rebuttal Expert Report of Dr. Ketan Mayer-Patel, (D.I. 475). (D.I. 487) It hereby ORDERS as follows: (1) A teleconference to address these motions is set for October 19, 2020 at 3:00 p.m. before Judge Christopher J. Burke.; and (2) By no later than October 9, 2020, the parties shall jointly provide the Court's Courtroom Deputy, Ms. Benyo, with a dial-in number via e-mail to use for the call. Ordered by Judge Christopher J. Burke on 9/16/2020. (dlb)
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Filing 487
Letter to The Honorable Christopher J. Burke from Rosemary J. Piergiovanni regarding Request for Teleconference regarding Motions to Strike - re #475 MOTION to Strike Portions Of The Rebuttal Expert Report Of Dr. Ketan Mayer-Patel Regarding Noninfringement, #472 MOTION to Strike Portions of the Reply Expert Report of Dr. Kevin C. Almeroth re Infringement of U.S. Patent Nos. 6,199,076 and 7,509,178. (Piergiovanni, Rosemary)
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Filing 486
[SEALED] Letter to The Honorable Christopher J. Burke from Brian P. Egan regarding Reply - re #472 MOTION to Strike Portions of the Reply Expert Report of Dr. Kevin C. Almeroth re Infringement of U.S. Patent Nos. 6,199,076 and 7,509,178. (Attachments: #1 Exs. 1-3)(Egan, Brian)
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Filing 485
[SEALED] Letter to The Honorable Christopher J. Burke from Rosemary J. Piergiovanni regarding Reply Letter Brief in Support of Motion to Strike - re #475 MOTION to Strike Portions Of The Rebuttal Expert Report Of Dr. Ketan Mayer-Patel Regarding Noninfringement. (Attachments: #1 Exhibit F, #2 Exhibit G, #3 Exhibit H)(Piergiovanni, Rosemary)
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Filing 484
REDACTED VERSION of #474 Exhibit to a Document (Exhibits C-E) - by Google LLC. (Egan, Brian)
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Filing 483
REDACTED VERSION of #473 Letter, by Google LLC. (Attachments: #1 Exs. A-B)(Egan, Brian)
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Filing 482
[SEALED] ANSWERING BRIEF in Opposition re #475 MOTION to Strike Portions Of The Rebuttal Expert Report Of Dr. Ketan Mayer-Patel Regarding Noninfringement filed by Google LLC.Reply Brief due date per Local Rules is 9/18/2020. (Attachments: #1 Exhibits 1-15)(Egan, Brian)
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Filing 481
REDACTED VERSION of #476 Letter, by Personal Audio LLC. (Attachments: #1 Exhibits A-E)(Piergiovanni, Rosemary)
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Filing 480
REDACTED VERSION of #475 MOTION to Strike Portions Of The Rebuttal Expert Report Of Dr. Ketan Mayer-Patel Regarding Noninfringement by Personal Audio LLC. (Piergiovanni, Rosemary)
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SO ORDERED D.I #477 Stipulation that the remaining deadlines in the Scheduling Order (D.I. 137, as amended by D.I. 467), which only includes dates through the resolution of case dispositive motions, should be stayed pending resolution of the parties' discovery disputes and the depositions of Dr. Mayer-Patel and Dr. Almeroth. Ordered by Judge Christopher J. Burke on 9/11/2020. (dlb)
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Filing 479
[SEALED] DECLARATION re #478 Letter, of Dr. Kevin C. Almeroth by Personal Audio LLC. (Attachments: #1 Exhibit A)(Piergiovanni, Rosemary)
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Filing 478
[SEALED] Letter to The Honorable Christopher J. Burke from Rosemary J. Piergiovanni regarding Opposition to Defendant's Motion to Strike - re #472 MOTION to Strike Portions of the Reply Expert Report of Dr. Kevin C. Almeroth re Infringement of U.S. Patent Nos. 6,199,076 and 7,509,178. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(Piergiovanni, Rosemary)
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Filing 477
STIPULATION and [Proposed] Order Staying Case Deadlines Pending Resolution of Parties' Motions to Strike - by Google LLC. (Egan, Brian)
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Filing 476
[SEALED] Letter to The Honorable Christopher J. Burke from Rosemary J. Piergiovanni regarding Opening Letter Brief in Support of Motion to Strike - re #475 MOTION to Strike Portions Of The Rebuttal Expert Report Of Dr. Ketan Mayer-Patel Regarding Noninfringement. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Piergiovanni, Rosemary)
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Filing 475
[SEALED] MOTION to Strike Portions Of The Rebuttal Expert Report Of Dr. Ketan Mayer-Patel Regarding Noninfringement - filed by Personal Audio LLC. Motions referred to Christopher J. Burke.(Piergiovanni, Rosemary)
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Filing 474
[SEALED] EXHIBIT re #473 Letter, -- Exhibits C-E-- by Google LLC. (Egan, Brian)
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Filing 473
[SEALED] Letter to The Honorable Christopher J. Burke from Brian P. Egan - re #472 MOTION to Strike Portions of the Reply Expert Report of Dr. Kevin C. Almeroth re Infringement of U.S. Patent Nos. 6,199,076 and 7,509,178. (Attachments: #1 Exs. A-B)(Egan, Brian)
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Filing 472
MOTION to Strike Portions of the Reply Expert Report of Dr. Kevin C. Almeroth re Infringement of U.S. Patent Nos. 6,199,076 and 7,509,178 - filed by Google LLC. Motions referred to Christopher J. Burke.(Egan, Brian)
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Pro Hac Vice Attorney Matthew R. Stephens 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. (kmd)
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Filing 471
MOTION for Pro Hac Vice Appearance of Attorney Patrick Stafford - filed by Google LLC. Motions referred to Christopher J. Burke.(Egan, Brian)
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Filing 470
MOTION for Pro Hac Vice Appearance of Attorney Matthew R. Stephens - filed by Personal Audio LLC. Motions referred to Christopher J. Burke.(Farnan, Michael)
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SO ORDERED D.I. #471 MOTION for Pro Hac Vice Appearance of Attorney Patrick Stafford filed by Google LLC, #470 MOTION for Pro Hac Vice Appearance of Attorney Matthew R. Stephens filed by Personal Audio LLC. Ordered by Judge Christopher J. Burke on 8/24/2020. (dlb)
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Filing 469
NOTICE OF SERVICE of (i) Plaintiff Personal Audio, LLC's Reply Expert Report of Dr. Kevin C. Almeroth re Infringement of U.S. Patent Nos. 6,199,076 and 7,509,178; (ii) Expert Report of Robert Heiblim Responding to the June 19, 2020 Expert Report of Schuyler Quackenbush, Ph.D.; and (iii) Expert Reply Report on Damages by Michele M. Riley filed by Personal Audio LLC.(Farnan, Brian)
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Filing 468
NOTICE OF SERVICE of (1) Expert Report of Dr. Ketan Mayer-Patel Regarding Demonstrative Windows 95 Computers, and (2) Reply Expert Report of Schuyler Quackenbush, Ph.D., Regarding the Validity of Claims 2-3, 6, 13, 15 of U.S. Patent No. 6,199,076 and Claims 5-8, 12, 14, 18-20, 28 of U.S. Patent No. 7,509,178 filed by Google LLC.(Egan, Brian)
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Filing 467
SO ORDERED D.I. #466 Stipulation filed by Personal Audio LLC resetting Scheduling Order Deadlines: ( Expert Discovery due by 8/28/2020, Dispositive Motions due by 9/25/2020, A Dispositive Motion Hearing is set for 11/17/2020 at 11:00 AM before Judge Christopher J. Burke). Signed by Judge Christopher J. Burke on 7/15/2020. (dlb)
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Filing 466
STIPULATION regarding Case Deadlines by Personal Audio LLC. (Farnan, Brian)
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Filing 465
NOTICE OF SERVICE of (1) Rebuttal Expert Report of Dr. Ketan Mayer-Patel Regarding Noninfringement of Claims 2, 3, 6, 13, and 15 of U.S. Patent No. 6,199,076 and Claims 6-8, 12, 18, 20, and 28 of U.S. Patent No. 7,509,178; (2) Expert Report of Schuyler Quackenbush, Ph.D., Rebutting the March 27, 2020 Expert Report of Robert Heiblim and (3) Expert Report of Christopher A. Martinez with Respect to Damages filed by Google LLC.(Egan, Brian)
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Filing 464
NOTICE OF SERVICE of Expert Rebuttal Report of Dr. Kevin C. Almeroth, PhD Regarding Validity of U.S. Patent Nos. 6,199,076 and 7,509,178 filed by Personal Audio LLC.(Farnan, Brian)
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Filing 463
Redaction of #433 Official Transcript of Telephone Conference held on October 28, 2019 before Judge Christopher J. Burke. Court Reporter Brian Gaffigan, Email: Brian_Gaffigan@ded.uscourts.gov. (bpg)
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Filing 462
Joint Stipulation and Order Regarding Case Deadlines filed by Google LLC Setting Scheduling Order Deadlines: Expert Discovery due by 8/7/2020., Dispositive Motions due by 9/4/2020., A Motion Hearing is set for 11/10/2020 at 11:00 AM in Courtroom 2A before Judge Christopher J. Burke. See order for additional deadlines.. Signed by Judge Christopher J. Burke on 5/26/2020. (mlc)
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Filing 461
STIPULATION and [Proposed] Order Regarding Case Deadlines by Google LLC. (Egan, Brian)
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Filing 460
ORDER GRANTING-IN-PART D.I. #442 MOTION to Redact #433 Transcript,, (Unopposed) filed by Google LLC. Signed by Judge Christopher J. Burke on 5/19/2020. (mlc)
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Filing 459
NOTICE OF SERVICE of Expert Report of Schuyler Quackenbush, Ph.D., Regarding the Validity of Claims 2-3, 6, 13, 15 of U.S. Patent No. 6,199,076 and Claims 5-8, 12, 14, 18-20, 28 of U.S. Patent No. 7,509,178 filed by Google LLC.(Egan, Brian)
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Filing 458
NOTICE OF SERVICE of (i) Expert Report of Robert Heiblim with exhibits; (ii) Expert Report of Kevin Almeroth with exhibits; and (iii) Expert Report of Michele Riley with exhibits filed by Personal Audio LLC.(Farnan, Brian)
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SO ORDERED D.I. #457 STIPULATION TO EXTEND TIME to Serve Opening Expert Reports, Supplemental Expert Reports, and Reply Expert Reports to March 27, 2020, May 29, 2020, and June 26, 2020, respectively filed by Personal Audio LLC. Ordered by Judge Christopher J. Burke on 3/18/2020. (dlb)
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Filing 457
STIPULATION TO EXTEND TIME to Serve Opening Expert Reports, Supplemental Expert Reports, and Reply Expert Reports to March 27, 2020, May 29, 2020, and June 26, 2020, respectively - filed by Personal Audio LLC. (Farnan, Michael)
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SO ORDERED D.I. #456 Stipulation Regarding Case Narrowing filed by Google LLC. Ordered by Judge Christopher J. Burke on 3/10/2020. (dlb)
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Filing 456
STIPULATION and [Proposed] Order Regarding Case Narrowing -- by Google LLC. (Egan, Brian)
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Filing 455
NOTICE OF SERVICE of (1) Supplemental Invalidity Contentions; and (2) Google's Second Supplemental Responses and Objections to Plaintiff's Second Set of Interrogatories (No. 7) filed by Google LLC.(Egan, Brian)
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Filing 454
MEMORANDUM ORDER: Plaintiff's Objections to the Magistrate Judge's March 19, 2019 Memorandum Order (D.I. #378 ) are OVERRULED. Signed by Judge Colm F. Connolly on 2/18/2020. (nmf)
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Filing 453
NOTICE requesting Clerk to remove William M. Parrish, Minghui Yang, Henning Schmidt, and R. Floyd Walker as co-counsel.. (Farnan, Brian)
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Filing 452
ORDER Setting Mediation Conference: A Telephone Conference is set for 2/3/2020 at 11:00 AM before Judge Christopher J. Burke. Signed by Judge Christopher J. Burke on 1/22/2020. (dlb)
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Filing 451
Joint Amendment to SCHEDULING ORDER: Expert Discovery due by 7/17/2020. Dispositive Motions due by 8/14/2020. A Motion Hearing is set for 10/14/2020 at 11:00 AM in Courtroom 2A before Judge Christopher J. Burke. Signed by Judge Christopher J. Burke on 1/15/2020. (dlb)
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Filing 450
Joint PROPOSED ORDER Scheduling Order re 449 Oral Order,,, by Personal Audio LLC. (Attachments: #1 Letter to The Honorable Christopher J. Burke)(Farnan, Brian)
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Filing 449
ORAL ORDER: In light of the District Court's Memorandum Opinion, (D.I. 447), and Order, (D.I. 448), issued yesterday regarding claim construction, the Court hereby ORDERS that the parties shall meet and confer by no later than January 13, 2020, and submit a revised proposed Scheduling Order that addresses expert discovery and dispositive motions and which is consistent with the relevant portions of Judge Burke's "Rule 16 Scheduling Order Patent." To the extent the parties have disputes, they may also submit a joint letter of no more than two pages providing their respective positions with respect to any such disputes. Pursuant to the District Court's September 13, 2018 Order, dates for the pretrial conference and trial will be set following the disposition of any summary judgment motions. (D.I. 228). Ordered by Judge Christopher J. Burke on 1/7/2020. (dlb)
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Filing 448
ORDER adopting in part and rejecting in part #331 Report and Recommendations; adopting #372 Report and Recommendations.; adopting #406 Report and Recommendations. Signed by Judge Colm F. Connolly on 1/6/2020. (nmf)
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Filing 447
MEMORANDUM OPINION Signed by Judge Colm F. Connolly on 1/6/2020. (nmf)
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Filing 446
MEMORANDUM ORDER overruling #437 Objections filed by Personal Audio LLC to the November 15, 2019 Memorandum Order Denying Personal Audio's Discovery Dispute Motion. Signed by Judge Colm F. Connolly on 1/6/2020. (nmf)
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Filing 445
REDACTED VERSION of #442 MOTION to Redact #433 Transcript,, (Unopposed) by Google LLC. (Egan, Brian)
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Filing 444
REDACTED VERSION of #443 Response to Objections by Google LLC. (Egan, Brian)
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Filing 443
[SEALED] RESPONSE TO OBJECTIONS by Google LLC re #437 Objections . (Egan, Brian)
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Filing 442
[SEALED] MOTION to Redact #433 Transcript,, (Unopposed) - filed by Google LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)Motions referred to Christopher J. Burke.(Egan, Brian)
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Filing 441
REDACTED VERSION of D.I. #432 Memorandum Order. (mlc)
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Filing 440
ORDER GRANTING-IN-PART D.I. #434 MOTION to Redact re #432 Memorandum and Order (Unopposed) filed by Google LLC. Signed by Judge Christopher J. Burke on 12/10/2019. (mlc)
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Filing 439
REDACTED VERSION of #437 Objections by Personal Audio LLC. (Attachments: #1 Exhibits 1-6, #2 Certification)(Farnan, Brian)
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Filing 438
NOTICE of Intent to Request Redaction by Brian P. Egan re #433 Transcript,, (Egan, Brian)
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Filing 437
[SEALED] OBJECTIONS by Personal Audio LLC to #432 Memorandum and Order . (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Certification)(Farnan, Brian)
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Filing 436
REDACTED VERSION of #434 MOTION to Redact re #432 Memorandum and Order (Unopposed) by Google LLC. (Egan, Brian)
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Filing 435
NOTICE of Withdrawal of Plaintiff Personal Audio, LLC's Objection to June 7, 2019 Report and Recommendation Concerning Claim Construction by Personal Audio LLC re #408 Objection to Report and Recommendations (Farnan, Brian)
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Filing 434
[SEALED] MOTION to Redact re #432 Memorandum and Order (Unopposed) - filed by Google LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)Motions referred to Christopher J. Burke.(Egan, Brian)
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Filing 433
(SEALED) Official Transcript of Telephone Conference held on October 28, 2019 before Judge Christopher J. Burke. Court Reporter Brian Gaffigan, Email: Brian_Gaffigan@ded.uscourts.gov. Transcript may be viewed at the court public terminal or order/purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 12/9/2019. Redacted Transcript Deadline set for 12/18/2019. Release of Transcript Restriction set for 2/17/2020.(bpg) Modified on 5/19/2020 (dlb).
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Filing 432
[SEALED] MEMORANDUM ORDER regarding D.I. #422 Joint MOTION for Discovery Teleconference filed by Personal Audio LLC. Signed by Judge Christopher J. Burke on 11/15/2019.This order has been emailed to local counsel. (mlc)
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Filing 431
REDACTED VERSION of #428 Letter by Personal Audio LLC. (Attachments: #1 Exhibit A)(Farnan, Michael)
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Filing 430
REDACTED VERSION of #429 Letter by Google LLC. (Attachments: #1 Exhibits 1-2)(Egan, Brian)
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Filing 429
[SEALED] Letter to The Honorable Christopher J. Burke from Brian P. Egan regarding Mr. Razumeiko's testimony - re 427 Oral Order,,. (Attachments: #1 Exhibits 1-2)(Egan, Brian)
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Filing 428
[SEALED] Letter to The Honorable Christopher J. Burke from Michael J. Farnan regarding The Court's October 28, 2019 Oral Order - re 427 Oral Order,,. (Attachments: #1 Exhibit A)(Farnan, Michael)
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Filing 427
ORAL ORDER: As discussed during today's discovery dispute teleconference, the Court hereby ORDERS as follows: (1) By no later than October 29, 2019, Plaintiff shall submit a letter of no more than 1 page attaching the relevant page of Mr. Razumeiko's deposition transcript and describing the transcript's significance; and (2) by no later than October 30, 2019, Defendant shall submit a responsive letter of no more than 1 page. Ordered by Judge Christopher J. Burke on 10/28/2019. (mlc)
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Minute Entry for proceedings held before Judge Christopher J. Burke - Discovery teleconference held on 10/28/2019. The Court heard argument regarding Plaintiff's discovery dispute, (D.I. 422), and will issue an order resolving the dispute. (Court Reporter Brian Gaffigan. Clerk: M. Crawford) Appearances: M. Farnan, W. Parrish, V. Hardy, D. Hahn for Plaintiff; B. Egan, M. Baily for Defendant. (mlc)
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Filing 426
REDACTED VERSION of #425 Letter by Google LLC. (Attachments: #1 Exhibits A-B)(Egan, Brian)
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Filing 425
[SEALED] Letter to The Honorable Christopher J. Burke from Brian P. Egan regarding Response to Discovery Dispute Letter - re #423 Letter,. (Attachments: #1 Exhibits A-B)(Egan, Brian)
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Filing 424
REDACTED VERSION of #423 Letter, by Personal Audio LLC. (Attachments: #1 Exhibits 1-8)(Farnan, Brian)
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Filing 423
[SEALED] Letter to The Honorable Christopher J. Burke from Brian 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)(Farnan, Brian)
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Filing 422
Joint MOTION for Discovery Teleconference - filed by Personal Audio LLC. Motions referred to Christopher J. Burke.(Farnan, Brian)
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Filing 421
ORAL ORDER: The Court has reviewed the parties' October 4, 2019 letter requesting a discovery teleconference regarding 1 discovery dispute. (D.I. 420) 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 10/28/2019 at 3:00 PM before Judge Christopher J. Burke. (3) By no later than October 11, 2019, the party seeking relief shall file with the Court a letter, not to exceed three (3) pages, in no less than 12-point font, outlining the issues in dispute and its position on those issues. By no later than October 18, 2019, any party opposing the application for relief may file a letter, not to exceed three (3) 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 10/7/2019. (dlb)
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Filing 420
Letter to The Honorable Christopher J. Burke from Brian E. Farnan regarding Request for Discovery Teleconference. (Farnan, Brian)
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Filing 419
REDACTED VERSION of #411 Sealed Transcript. (dlb)
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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)
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Filing 417
REDACTED VERSION of #416 MOTION to Redact #411 Transcript,, (Unopposed) by Google LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(Egan, Brian)
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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)
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Filing 415
NOTICE of Intent to Request Redaction by Brian P. Egan re #411 Transcript,, (Egan, Brian)
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Filing 414
RESPONSE TO OBJECTIONS by Personal Audio LLC re #409 Objections, . (Farnan, Michael)
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Filing 413
RESPONSE TO OBJECTIONS by Google LLC re #408 Objection to Report and Recommendations Concerning Claim Construction. (Egan, Brian)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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Filing 405
REDACTED VERSION of #400 Letter by Google LLC. (Attachments: #1 Exhibits 1-3)(Egan, Brian)
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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)
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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)
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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).
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Filing 401
REDACTED VERSION of #392 Letter by Google LLC. (Attachments: #1 Exhibits 1-6)(Egan, Brian)
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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)
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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)
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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)
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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)
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Filing 397
Letter to The Honorable Christopher J. Burke from Brian P. Egan regarding #395 MOTION to Strike. (Egan, Brian)
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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)
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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)
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Filing 394
REDACTED VERSION of #389 Letter by Google LLC. (Attachments: #1 Exhibits 1-10)(Egan, Brian)
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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)
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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)
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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)
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Filing 391
STIPULATION TO EXTEND TIME to File Answering Discovery Letters to April 27, 2019 - filed by Personal Audio LLC. (Farnan, Brian)
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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)
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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)
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Filing 388
RESPONSE TO OBJECTIONS by Google LLC re #380 Objection to Report and Recommendations . (Egan, Brian)
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Filing 387
REDACTED VERSION of #383 Response to Objections by Google LLC. (Attachments: #1 Exhibits A-D)(Egan, Brian)
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Filing 386
Joint MOTION for Hearing (Teleconference) to Resolve Discovery Dispute - filed by Google LLC. Motions referred to Christopher J. Burke.(Egan, Brian)
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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)
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Filing 384
Letter to the Honorable Christopher J. Burke from Brian P. Egan regarding the scheduling of a discovery teleconference. (Egan, Brian)
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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)
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Filing 382
REDACTED VERSION of #378 Objections by Personal Audio LLC. (Attachments: #1 Exhibits 1-4)(Farnan, Brian)
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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)
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Filing 380
OBJECTION to #372 Report and Recommendations by Personal Audio LLC. (Farnan, Brian)
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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)
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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)
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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)
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Document Unsealed D.I. #375 Memorandum and Order unsealed. No redactions requested. (mlc)
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Set Deadlines: Per Stipulation D.I. (377), Objections to R&R due by 4/3/2019 and Responses due by 4/23/2019. (dlb)
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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)
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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)
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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)
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Filing 374
NOTICE requesting Clerk to remove Jennifer A. Ward as co-counsel. Reason for request: No longer with firm. (Ward, Jennifer)
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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)
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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)
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Filing 371
Redacted Version of #353 Transcript per Court Order D.I. 370. (dlb)
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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)
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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)
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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)
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Filing 368
REDACTED VERSION of #360 Letter by Google LLC. (Attachments: #1 Exhibits A-G)(Egan, Brian)
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Filing 367
Letter to The Honorable Christopher J. Burke from Brian E. Farnan regarding Request for Teleconference - re #355 MOTION to Strike . (Farnan, Brian)
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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)
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Filing 366
REDACTED VERSION of D.I. #354 Memorandum Order. (mlc)
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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)
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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)
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Filing 364
REDACTED VERSION of #359 Letter to the Honorable Christopher J. Burke by Google LLC. (Egan, Brian)
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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)
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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)
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Filing 361
RESPONSE TO OBJECTIONS by Personal Audio LLC re #350 Objections, . (Farnan, Brian)
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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)
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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)
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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)
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Filing 357
STATUS REPORT Regarding Court's February 14, 2019 Oral Order by Personal Audio LLC. (Farnan, Brian)
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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)
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Filing 355
MOTION to Strike - filed by Personal Audio LLC. Motions referred to Christopher J. Burke.(Farnan, Brian)
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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)
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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)
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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)
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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)
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Filing 352
STIPULATION TO EXTEND TIME to Serve Amended Privilege Log to February 12, 2019 - filed by Personal Audio LLC. (Farnan, Brian)
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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)
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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)
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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)
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Document Unsealed. D.I. #347 Order. No redactions requested. (mlc)
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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)
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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)
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Filing 348
REDACTED VERSION of #337 Letter, by Personal Audio LLC. (Attachments: #1 Exhibit A, #2 Exhibits 1-5)(Farnan, Brian)
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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).
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Filing 346
REDACTED VERSION of #338 Letter by Google LLC. (Attachments: #1 Exhibits A-H)(Egan, Brian)
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Filing 345
REDACTED VERSION of #335 Letter by Personal Audio LLC. (Attachments: #1 Exhibits 1-3)(Farnan, Brian)
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Filing 344
REDACTED VERSION of #333 Letter, by Personal Audio LLC. (Attachments: #1 Exhibits 1-8)(Farnan, Brian)
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Filing 343
REDACTED VERSION of #321 Declaration, by Personal Audio LLC. (Attachments: #1 Exhibits A-H)(Farnan, Brian)
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Filing 342
REDACTED VERSION of #320 Letter,, by Personal Audio LLC. (Attachments: #1 Exhibits 1-18)(Farnan, Brian)
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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)
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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)
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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)
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Filing 340
MOTION for Pro Hac Vice Appearance of Attorney Jeff Nardinelli - filed by Google LLC. Motions referred to Christopher J. Burke.(Egan, Brian)
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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)
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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)
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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)
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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)
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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)
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CORRECTING ENTRY: Exhibits attached to D.I. 336 have been replaced at request of filer. (dlb)
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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).
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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)
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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)
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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)
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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)
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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)
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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)
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Filing 330
REDACTED VERSION of #323 Letter by Google LLC. (Attachments: #1 Exhibits A-I)(Egan, Brian)
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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)
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Filing 329
Joint MOTION for Teleconference to Resolve Discovery Dispute - filed by Personal Audio LLC. Motions referred to Christopher J. Burke.(Farnan, Brian)
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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)
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Filing 328
NOTICE to Take Deposition of Jim Maccoun on January 17, 2019 filed by Personal Audio LLC.(Farnan, Michael)
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Filing 327
Letter to The Honorable Christopher J. Burke from Michael J. Farnan regarding Request for Discovery Teleconference. (Farnan, Michael)
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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)
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Filing 325
Joint MOTION and [Proposed] Order to Amend Scheduling Order - filed by Google LLC. Motions referred to Christopher J. Burke.(Egan, Brian)
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Filing 324
REDACTED VERSION of #319 Letter by Google LLC. (Attachments: #1 Exhibits 1-12)(Egan, Brian)
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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)
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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)
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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)
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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)
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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)
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Filing 319
[SEALED] Letter to The Honorable Christopher J. Burke from Brian P. Egan regarding Discovery Disputes. (Attachments: #1 Exhibits 1-12)(Egan, Brian)
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Filing 318
NOTICE OF SERVICE of Personal Audio's Supplemental Final Infringement Contentions filed by Personal Audio LLC.(Farnan, Brian)
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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)
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Filing 316
Letter to The Honorable Christopher J. Burke from Brian E. Farnan regarding Request for Additional Pages for Discovery Letters. (Farnan, Brian)
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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)
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Filing 315
REDACTED VERSION of #307 Letter, by Personal Audio LLC. (Attachments: #1 Exhibits 1-12)(Farnan, Michael)
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Filing 314
REDACTED VERSION of #311 Appendix (Volume 2 of 2; Exhibits 9-12) by Google LLC. (Egan, Brian)
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Filing 313
REDACTED VERSION of #310 Appendix (Volume 1 of 2; Exhibits 1-8) by Google LLC. (Egan, Brian)
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Filing 312
REDACTED VERSION of #309 Letter by Google LLC. (Egan, Brian)
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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)
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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)
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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)
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Filing 308
Joint MOTION for Teleconference to Resolve Discovery Dispute - filed by Personal Audio LLC. Motions referred to Christopher J. Burke.(Farnan, Brian)
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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)
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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)
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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)
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Filing 305
Letter to The Honorable Christopher J. Burke from Brian E. Farnan regarding Discovery Teleconference Request. (Farnan, Brian)
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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)
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Filing 303
Letter to The Honorable Christopher J. Burke from Michael J. Farnan regarding Discovery Deadline. (Farnan, Michael)
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Filing 302
NOTICE to Take Deposition of Peter Nguyen on 12/28/2018 filed by Personal Audio LLC.(Farnan, Brian)
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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)
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Filing 300
NOTICE OF SERVICE of Google's Privilege Log (Volume 2) filed by Google LLC.(Egan, Brian)
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Filing 299
Joint MOTION for Teleconference to Resolve Discovery Dispute - filed by Personal Audio LLC. Motions referred to Christopher J. Burke.(Farnan, Brian)
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Filing 298
Letter to The Honorable Christopher J. Burke from Brian E. Farnan regarding Request for Discovery Teleconference. (Farnan, Brian)
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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)
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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)
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Filing 297
STIPULATION regarding Source Code by Personal Audio LLC. (Farnan, Brian)
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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)
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Filing 295
NOTICE of Subpoena to Igor Razumeiko by Personal Audio LLC (Attachments: #1 Exhibit A)(Farnan, Brian)
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Filing 294
Letter to The Honorable Christopher J. Burke from Brian E. Farnan regarding Status Report - re #293 Letter. (Farnan, Brian)
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Document Unsealed -- D.I. #290 Memorandum and Order, unsealed. No redactions requested. (mlc)
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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)
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Filing 292
NOTICE of Subpoena to Daniel Henry by Google LLC (Egan, Brian)
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Filing 291
NOTICE of Subpoena to Daniel Goessling by Google LLC (Egan, Brian)
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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).
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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)
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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)
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Filing 287
NOTICE of Subpoena (Stephen Estrop) by Google LLC (Egan, Brian)
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Filing 286
Redacted version of #245 Transcript. (dlb)
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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)
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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)
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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)
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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)
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Filing 282
REDACTED VERSION of #275 Letter by Personal Audio LLC. (Attachments: #1 Exhibits 1-2, A)(Farnan, Michael)
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Filing 281
NOTICE of Subpoenas by Personal Audio LLC (Attachments: #1 Exhibit A, #2 Exhibit B)(Farnan, Brian)
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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)
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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)
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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)
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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)
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Filing 278
REDACTED VERSION of #271 MOTION to Redact #245 Transcript,, by Google LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(Ward, Jennifer)
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Filing 277
REDACTED VERSION of #270 Status Report by Google LLC. (Ward, Jennifer)
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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)
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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)
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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)
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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)
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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)
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Filing 273
REDACTED VERSION of #259 Notice to Take Deposition by Personal Audio LLC. (Farnan, Brian)
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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)
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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)
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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)
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Filing 270
[SEALED] STATUS REPORT by Google LLC. (Egan, Brian)
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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)
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Filing 268
REDACTED VERSION of D.I. #251 Memorandum and Order. (mlc)
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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)
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Filing 266
REDACTED VERSION of #255 MOTION Redact Memorandum Order by Google LLC. (Attachments: #1 Exhibits A-B)(Egan, Brian)
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Filing 265
NOTICE to Take Deposition of Kevin Lau on 10/16/2018 (Amended) filed by Personal Audio LLC.(Farnan, Brian)
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Filing 264
NOTICE to Take Deposition of Alex Feng on 10/18/2018 (Amended) filed by Personal Audio LLC.(Farnan, Brian)
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Filing 263
NOTICE to Take Deposition of John Evans on 10/18/2018 (Amended) filed by Personal Audio LLC.(Farnan, Brian)
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Filing 262
NOTICE to Take Deposition of Chris Connelly on 10/19/2018 (Amended) filed by Personal Audio LLC.(Farnan, Brian)
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Filing 261
NOTICE to Take Deposition of Google LLC on 10/17/2018 filed by Personal Audio LLC.(Farnan, Brian)
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Filing 260
NOTICE to Take Deposition of Google LLC on 10/17/2018 filed by Personal Audio LLC.(Farnan, Brian)
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Filing 259
[SEALED] NOTICE to Take Deposition of Google LLC on 10/15/2018 filed by Personal Audio LLC.(Farnan, Brian)
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Filing 258
REDACTED VERSION of #252 Letter, by Personal Audio LLC. (Attachments: #1 Exhibits 1-4)(Farnan, Brian)
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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)
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Filing 256
REDACTED VERSION of #254 Letter by Google LLC. (Egan, Brian)
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Filing 255
[SEALED] MOTION Redact Memorandum Order - filed by Google LLC. (Attachments: #1 Exhibits A-B)Motions referred to Christopher J. Burke.(Egan, Brian)
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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)
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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)
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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)
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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)
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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)
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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)
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Document Unsealed -- D.I. #234 Memorandum Order on Motion to Transfer Case unsealed. No redactions requested. (mlc)
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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)
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Filing 249
REDACTED VERSION of #226 Letter, by Personal Audio LLC. (Farnan, Brian)
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Filing 248
REDACTED VERSION of #229 Letter by Personal Audio LLC. (Farnan, Brian)
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Filing 247
REDACTED VERSION of #231 Declaration by Google LLC. (Attachments: #1 Exhibits 1-6)(Egan, Brian)
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Filing 246
REDACTED VERSION of #230 Letter by Google LLC. (Egan, Brian)
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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).
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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)
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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)
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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)
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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)
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Filing 240
NOTICE to Take Deposition of Richard Baker on October 15, 2018 filed by Google LLC.(Egan, Brian)
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Filing 239
NOTICE to Take Deposition of James Logan on October 8, 2018 filed by Google LLC.(Egan, Brian)
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Filing 238
NOTICE to Take Deposition of Erin Davis on October 12, 2018 filed by Google LLC.(Egan, Brian)
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Filing 237
NOTICE to Take Deposition of Daniel Goessling on October 10, 2018 filed by Google LLC.(Egan, Brian)
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Filing 236
NOTICE to Take Deposition of Charles Call on October 9, 2018 filed by Google LLC.(Egan, Brian)
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Filing 235
NOTICE to Take Deposition of Bradley Liddle on October 11, 2018 filed by Google LLC.(Egan, Brian)
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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).
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Filing 233
REDACTED VERSION of #225 Letter to the Honorable Christopher J. Burke by Google LLC. (Attachments: #1 Exhibits A-G)(Egan, Brian)
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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)
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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)
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Filing 231
[SEALED] DECLARATION re #230 Letter -- Declaration of Jeff Nardinelli -- by Google LLC. (Attachments: #1 EXHIBITS 1-6)(Egan, Brian)
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Filing 230
[SEALED] Letter to The Honorable Christopher J. Burke from Brian P. Egan regarding Discovery Dispute - re #226 Letter,. (Egan, Brian)
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Filing 229
[SEALED] Letter to The Honorable Christopher J. Burke from Michael J. Farnan regarding Responsive Discovery Dispute Letter - re #225 Letter. (Farnan, Michael)
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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)
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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)
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Filing 227
DECLARATION re #226 Letter, of Michele Riley by Personal Audio LLC. (Farnan, Michael)
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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)
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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)
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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)
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Filing 224
NOTICE OF SERVICE of Personal Audio's Final Infringement Contentions filed by Personal Audio LLC.(Farnan, Brian)
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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)
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Filing 223
NOTICE OF SERVICE of Google's Supplemental Disclosure of Invalidating Prior Art filed by Google LLC.(Egan, Brian)
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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)
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Filing 222
Letter to The Honorable Christopher J. Burke from Brian E. Farnan regarding Additional Dispute for September 17, 2018 Teleconference. (Farnan, Brian)
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Filing 221
Joint MOTION for Teleconference to Resolve Discovery Dispute - filed by Personal Audio LLC. Motions referred to Christopher J. Burke.(Farnan, Brian)
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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)
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Filing 220
Letter to The Honorable Christopher J. Burke from Brian E. Farnan regarding August 16, 2018 Order. (Farnan, Michael)
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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)
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Case Reassigned to Judge Colm F. Connolly. Please include the initials of the Judge (CFC) after the case number on all documents filed. (rjb)
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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)
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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)
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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)
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Filing 218
NOTICE to Take Deposition of Google LLC on 9/13/2018 (Amended) filed by Personal Audio LLC.(Farnan, Brian)
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Filing 217
NOTICE to Take Deposition of Google LLC on 9/12/2018 (Amended) filed by Personal Audio LLC.(Farnan, Brian)
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Filing 216
NOTICE to Take Deposition of John Evans on 9/6/2018 filed by Personal Audio LLC.(Farnan, Brian)
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Filing 215
NOTICE to Take Deposition of Chris Connelly on 9/6/2018 filed by Personal Audio LLC.(Farnan, Brian)
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Filing 214
NOTICE to Take Deposition of Kevin Lau on 9/5/2018 filed by Personal Audio LLC.(Farnan, Brian)
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Filing 213
NOTICE to Take Deposition of Alex Feng on 9/5/2018 filed by Personal Audio LLC.(Farnan, Brian)
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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)
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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)
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Filing 212
NOTICE to Take Deposition of Personal Audio on mutually agreed upon date filed by Google LLC.(Egan, Brian)
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Filing 211
REDACTED VERSION of #206 Declaration of Kevin Lau by Google LLC. (Egan, Brian)
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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)
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Filing 209
Interim STATUS REPORT by Personal Audio LLC. (Farnan, Brian)
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Filing 208
Letter to The Honorable Christopher J. Burke from Brian P. Egan regarding Deferral of Discovery Dispute - re #207 Letter. (Egan, Brian)
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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)
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Filing 207
Letter to The Honorable Christopher J. Burke from Brian E. Farnan regarding Discovery Dispute. (Farnan, Brian)
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Filing 206
[SEALED] DECLARATION re #201 Letter -- Declaration of Kevin Lau -- by Google LLC. (Egan, Brian)
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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)
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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)
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Filing 204
NOTICE to Take Deposition of Google LLC on 8/27/2018 filed by Personal Audio LLC.(Farnan, Brian)
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Filing 203
NOTICE to Take Deposition of Google LLC on 8/24/2018 filed by Personal Audio LLC.(Farnan, Brian)
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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)
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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)
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Filing 201
Letter to The Honorable Christopher J. Burke from Brian P. Egan regarding responsive discovery dispute letter - re #198 Letter. (Egan, Brian)
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Filing 200
NOTICE OF SERVICE of Google's Supplemental Responses to Plaintiff's Interrogatory Nos. 1, 5 filed by Google LLC.(Egan, Brian)
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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)
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Filing 199
Letter to The Honorable Christopher J. Burke from Brian E. Farnan regarding Updated Markman Slide Deck. (Attachments: #1 Slides)(Farnan, Brian)
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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)
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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)
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Filing 197
Letter to The Honorable Christopher J. Burke from Jack B. Blumenfeld regarding claim construction issue - re #194 Letter, #196 Letter. (Blumenfeld, Jack)
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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)
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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)
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Filing 195
MOTION for Teleconference to Resolve Discovery Dispute - filed by Personal Audio LLC. Motions referred to Christopher J. Burke.(Farnan, Brian)
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Filing 194
Letter to The Honorable Christopher J. Burke from Brian P. Egan regarding Claim Construction Issue - re #192 Letter. (Egan, Brian)
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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)
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Filing 192
Letter to The Honorable Christopher J. Burke from Brian E. Farnan regarding Request for Discovery Teleconference. (Farnan, Brian)
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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)
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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)
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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)
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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)
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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)
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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)
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Filing 188
DECLARATION re #186 Claim Construction Surreply Brief (Dr. Ketan Mayer-Patel) by Google LLC. (Egan, Brian)
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Filing 187
DECLARATION re #186 Claim Construction Surreply Brief (Melissa J. Baily) by Google LLC. (Attachments: #1 Exhibits A-D)(Egan, Brian)
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Filing 186
CLAIM CONSTRUCTION SURREPLY BRIEF filed by Google LLC. (Egan, Brian)
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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)
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Filing 184
REDACTED VERSION of #181 Letter to The Honorable Christopher J. Burke by Google LLC. (Attachments: #1 Exhibits A-J)(Egan, Brian)
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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)
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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)
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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)
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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)
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Filing 180
STIPULATION to Enter Supplemental Protective Order by Google LLC. (Egan, Brian)
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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)
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Filing 179
REDACTED VERSION of #178 Letter, by Personal Audio LLC. (Attachments: #1 Exhibits A-G)(Farnan, Brian)
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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)
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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)
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Filing 176
CLAIM CONSTRUCTION REPLY BRIEF re #159 Claim Construction Answering Brief filed by Personal Audio LLC. (Farnan, Brian)
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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)
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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)
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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)
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Filing 172
MOTION for Teleconference to Resolve Discovery Dispute - filed by Personal Audio LLC. Motions referred to Christopher J. Burke.(Farnan, Brian)
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Filing 171
NOTICE of Subpoena to Microsoft Corporation by Personal Audio LLC (Attachments: #1 Exhibit A)(Farnan, Brian)
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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)
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Filing 170
Letter to The Honorable Christopher J. Burke from Michael J. Farnan regarding Request for Discovery Teleconference. (Farnan, Michael)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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Filing 163
STATEMENT re 152 Multi Media Document -- Google's Comments to Plaintiff's Technology Tutorial -- by Google LLC. (Egan, Brian)
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Filing 162
DECLARATION re #159 Claim Construction Answering Brief -- Declaration of Ketan Mayer-Patel -- by Google LLC. (Egan, Brian)
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Filing 161
Letter to The Honorable Christopher J. Burke from Michael J. Farnan regarding Response to Defendant's Technology Tutorial. (Farnan, Michael)
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Filing 160
DECLARATION re #159 Claim Construction Answering Brief -- Declaration of Jeannine Sano -- by Google LLC. (Attachments: #1 Exhibit 1 - 25)(Egan, Brian)
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Filing 159
CLAIM CONSTRUCTION ANSWERING BRIEF filed by Google LLC. (Egan, Brian)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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CORRECTING ENTRY: main PDF at D.I. 146 has been replaced at the request of the filer. (dlb)
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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)
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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)
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Filing 149
Letter to The Honorable Christopher J. Burke from Brian P. Egan regarding interactive video version of tutorial. (Egan, Brian)
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Filing 148
Letter to The Honorable Christopher J. Burke from Brian P. Egan regarding tutorial - re #137 Scheduling Order,,. (Egan, Brian)
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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)
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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).
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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)
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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)
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Filing 144
NOTICE OF SERVICE of Google's Supplemental Responses to Plaintiff's First Set of Interrogatories filed by Google LLC.(Egan, Brian)
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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)
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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)
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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)
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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)
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Filing 141
STIPULATION regarding Claim Construction Briefing by Personal Audio LLC. (Farnan, Brian)
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Filing 140
NOTICE OF SERVICE of Plaintiff's Initial Disclosure of Damages Theory filed by Personal Audio LLC.(Farnan, Brian)
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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)
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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)
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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)
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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)
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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)
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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)
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Filing 135
Letter to The Honorable Christopher J. Burke from Michael J. Farnan regarding Proposed Scheduling Order. (Attachments: #1 Exhibit A)(Farnan, Michael)
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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)
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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)
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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)
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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)
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Filing 133
MOTION for Pro Hac Vice Appearance of Attorney Jeannine Sano - filed by Google, Inc.. Motions referred to Christopher J. Burke.(Egan, Brian)
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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)
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Filing 131
REDACTED VERSION of #124 Answering Brief in Opposition, by Personal Audio LLC. (Farnan, Michael)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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Filing 123
REDACTED VERSION of #121 Declaration of Brian King by Google, Inc.. (Egan, Brian)
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Filing 122
REDACTED VERSION of #120 Opening Brief in Support, of Motion to Transfer by Google, Inc.. (Attachments: #1 Exhibit 1)(Egan, Brian)
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CORRECTING ENTRY: At the request of the filer, D.I. 120 Opening Brief has been placed under seal. (dlb)
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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)
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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).
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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)
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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)
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Filing 118
Letter to Christopher J. Burke from Brian P. Egan regarding disputed Proposed Scheduling Order issues - re #116 Proposed Order. (Egan, Brian)
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Filing 117
Letter to The Honorable Christopher J. Burke from Brian E. Farnan regarding Proposed Scheduling Order - re Oral Order,,,. (Farnan, Michael)
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Filing 116
PROPOSED ORDER Scheduling Order by Personal Audio LLC. (Attachments: #1 Letter to The Honorable Christopher J. Burke)(Farnan, Michael)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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Filing 111
NOTICE of Appearance by Michael J. Farnan on behalf of Personal Audio LLC (Farnan, Michael)
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Filing 110
NOTICE of Appearance by Brian E. Farnan on behalf of Personal Audio LLC (Farnan, Brian)
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Filing 109
ANSWER to Amended Complaint, re: #38 Amended Complaint with Jury Demand by Google, Inc..(Egan, Brian)
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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)
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Filing 108
Letter to The Honorable Christopher J. Burke from Michael J. Farnan regarding Joint Status Report. (Farnan, Michael)
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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)
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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)
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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)
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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)
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Case Assigned to Vacant Judgeship (2017). Please include initials of VAC after the case number on all documents filed. (rjb)
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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)
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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)
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Filing 106
NOTICE of Appearance (Jack B. Blumenfeld, Brian P. Egan, and Morris, Nichols, Arsht & Tunnell LLP) by Google, Inc. (Blumenfeld, Jack)
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Filing 105
Local Counsel Letter sent. Notice of Compliance deadline set for 1/8/2018. (crb)
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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
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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.]
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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.]
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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.]
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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.]
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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.]
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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.]
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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.]
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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.]
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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.]
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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.]
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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.]
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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.]
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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.]
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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.]
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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.]
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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.]
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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.]
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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.]
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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.]
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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.]
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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.]
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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.]
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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.] |
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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.]
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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.]
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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.]
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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.]
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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.]
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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.]
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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.]
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Filing 73
MOTION to Dismiss by Google, Inc.. (Attachments: #1 Proposed Order)(Heartfield, J) [Transferred from Texas Eastern on 12/6/2017.]
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Filing 72
NOTICE by Google, Inc. of Compliance re P.R. 4-2 Disclosures (Xu, Jason) [Transferred from Texas Eastern on 12/6/2017.]
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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.]
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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.]
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Filing 69
NOTICE of Compliance by Google, Inc. (Krause, Eric) Modified on 5/12/2017 (tkd, ). [Transferred from Texas Eastern on 12/6/2017.]
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Filing 68
NOTICE of Disclosure by Google, Inc. (Xu, Jason) Modified on 4/28/2017 (tkd, ). [Transferred from Texas Eastern on 12/6/2017.]
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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.]
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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.]
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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.]
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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.]
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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.]
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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.]
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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.]
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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.]
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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.]
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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.] |
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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.]
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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.]
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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.]
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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.]
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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.]
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Filing 51
AMENDED PROTECTIVE ORDER. Signed by Judge Ron Clark on 3/24/17. (tkd, ) [Transferred from Texas Eastern on 12/6/2017.]
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Filing 50
ESI ORDER. Signed by Judge Ron Clark on 3/24/17. (tkd, ) [Transferred from Texas Eastern on 12/6/2017.]
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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.]
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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.]
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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.]
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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.]
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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.]
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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.]
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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.]
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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.]
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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.]
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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.]
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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.]
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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.]
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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.]
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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.]
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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.]
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Filing 32
MOTION to Dismiss by Google, Inc.. (Attachments: #1 Text of Proposed Order)(Miniovich, Leon) [Transferred from Texas Eastern on 12/6/2017.]
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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.]
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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.]
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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.]
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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.]
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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.]
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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.]
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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.]
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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.]
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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.]
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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.]
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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.]
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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.]
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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.]
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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.]
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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.]
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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.]
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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.]
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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.]
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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.]
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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.]
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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.]
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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.]
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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.]
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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.]
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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.]
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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.]
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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.]
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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.]
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Filing 4
DEMAND for Trial by Jury by Personal Audio LLC. (Parrish, William) [Transferred from Texas Eastern on 12/6/2017.]
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Filing 3
CORPORATE DISCLOSURE STATEMENT filed by Personal Audio LLC (Parrish, William) [Transferred from Texas Eastern on 12/6/2017.]
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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.]
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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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