International Business Machines Corporation v. Expedia, Inc. et al
Plaintiff: International Business Machines Corporation
Defendant: Expedia, Inc., Hotels.com L.P., Orbitz, LLC, Orbitz Worldwide, Inc., Travelscape LLC, Hotwire, Inc. and Homeaway.com, Inc.
Case Number: 1:2017cv01875
Filed: December 29, 2017
Court: US District Court for the District of Delaware
Office: Wilmington Office
County: New Castle
Presiding Judge: Christopher J Burke
Referring Judge: Leonard P Stark
Nature of Suit: Patent
Cause of Action: 35 U.S.C. § 271
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on September 24, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 13, 2019 Filing 256 [SEALED] EXHIBIT re #255 Letter Exhibit 1, Exhibits A-E to joint letter to The Honorable Christopher J. Burke from Kelly E. Farnan regarding source code identification by International Business Machines Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Farnan, Kelly)
September 13, 2019 Filing 255 Joint Letter to The Honorable Christopher J. Burke from Kelly E. Farnan regarding source code identification. (Farnan, Kelly)
September 13, 2019 Filing 254 NOTICE OF SERVICE of Defendants' Second Set of Common Interrogatories to IBM (Nos. 11-13) filed by Expedia, Inc., Homeaway.com, Inc., Hotels.com L.P., Hotwire, Inc., Orbitz Worldwide, Inc., Orbitz, LLC, Travelscape LLC.(DiGiovanni, Francis)
September 12, 2019 Filing 253 NOTICE to Take Deposition of Shafi Ullah Khan on October 16, 2019 filed by International Business Machines Corporation.(Farnan, Kelly)
September 12, 2019 Filing 252 NOTICE to Take Deposition of Mike Murphy on October 22, 2019 filed by International Business Machines Corporation.(Farnan, Kelly)
September 11, 2019 Filing 251 NOTICE of Subpoena to Travelscape LLC by International Business Machines Corporation (Attachments: #1 Exhibit 1)(Mosley, Renee)
September 11, 2019 Filing 250 NOTICE of Subpoena to Larry G. Mahan by International Business Machines Corporation (Attachments: #1 Exhibit 1)(Mosley, Renee)
September 11, 2019 Filing 249 NOTICE of Subpoena to CruiseShipCenters USA, Inc. by International Business Machines Corporation (Attachments: #1 Exhibit 1)(Mosley, Renee)
September 9, 2019 Filing 248 NOTICE OF SERVICE of Defendants' Answers and Responses to Discovery Requests; Homeaway.com Third Amended Initial Disclosures; and Defendants' Second Supplemental Preliminary Invalidity Contentions filed by Expedia, Inc., Homeaway.com, Inc., Hotels.com L.P., Hotwire, Inc., Orbitz Worldwide, Inc., Orbitz, LLC, Travelscape LLC.(DiGiovanni, Francis)
September 5, 2019 Opinion or Order Filing 247 The Court, having reviewed the parties joint letter regarding e-mail discovery, (D.I. 246) hereby ORDERS as follows: (1) This is a case where, at its outset, both sides agreed that "new" e-mail discovery was not necessary. And Plaintiff's current request that such discovery now be conducted comes very late in the case schedule. For these reasons, any new e-mail discovery should be significantly limited in scope. However, the Court recognizes that Plaintiff's prior agreement to forego new e-mail discovery was premised in part on its assertion that its e-mails produced in prior litigations need not be produced here (a position that the Court has subsequently disagreed with, having required Plaintiff to produce e-mails that were previously produced in the Priceline and Groupon litigations). (D.I. 193) Moreover, the Court recognizes at least some merit in Plaintiff's argument that having now produced the e-mails from those prior litigations, if no "new" e-mail discovery is permitted, the resulting imbalance in e-mail discovery would cause Plaintiff some unfairness. (D.I. 246 at 2); (2) Therefore, new e-mail discovery will be permitted, but the following restrictions will apply: (a) Each side (that is, Plaintiff on one side, and Defendants Expedia Group, Inc.; (formerly known as Expedia, Inc.) Expedia, Inc.; (also known as "Expedia-WA") Homeaway.com, Inc.; Hotwire, Inc.; Orbitz Worldwide, Inc. and Orbitz LLC on the other side) must search and produce e-mails from no more than five custodians total, such custodians to be identified by the other side; (b) Each side must use no more than five search terms chosen by the other side in conducting those e-mail searches; (c) "Search terms" shall be defined in the same manner as in the Priceline litigation, (Civil Action No. 15-137-LPS, D.I. 74 at 5-7); (d) Expedia-WA is considered a part of the Defendants' side for these purposes, as that entity is not currently subject to a recommendation of dismissal; and (e) Defendants' request that Plaintiff pay all expenses associated with such discovery, (D.I. 246 at 4) is DENIED.; (3) The Court concludes that such targeted e-mail discovery is likely to produce relevant information and yet should not cause an undue burden on the parties here. See Fed. R. Civ. P. 26(b). Ordered by Judge Christopher J. Burke on 9/5/2019. (dlb)
August 30, 2019 Filing 246 Joint Letter to The Honorable Christopher J. Burke from Kelly E. Farnan regarding Email Discovery - re 193 Oral Order,,,,,,,,,,,,,,,,,. (Farnan, Kelly)
August 30, 2019 Filing 245 NOTICE OF SERVICE of Plaintiff's Second Amended Preliminary Infringement Contentions filed by International Business Machines Corporation.(Mosley, Renee)
August 30, 2019 Filing 244 NOTICE OF SERVICE of Plaintiff's First Supplemental Objections and Responses to Defendants' First Set of Common Interrogatories to IBM (Nos. 1-10) filed by International Business Machines Corporation.(Farnan, Kelly)
August 22, 2019 Filing 243 NOTICE of Subpoena to Fastly, Inc. by International Business Machines Corporation (Attachments: #1 Exhibit 1)(Farnan, Kelly)
August 22, 2019 Filing 242 NOTICE of Subpoena to Akamai Technologies, Inc. by International Business Machines Corporation (Attachments: #1 Exhibit 1)(Farnan, Kelly)
August 22, 2019 Filing 241 NOTICE of Subpoena to Amazon.com, Inc. by International Business Machines Corporation (Attachments: #1 Exhibit 1)(Farnan, Kelly)
August 21, 2019 Filing 240 NOTICE OF SERVICE of IBM's Second Set of Requests for Admission to Defendants (Nos. 5-8) filed by International Business Machines Corporation.(Farnan, Kelly)
August 21, 2019 Filing 239 NOTICE to Take Deposition of Trent York on September 16, 2019 filed by International Business Machines Corporation.(Farnan, Kelly)
August 21, 2019 Filing 238 NOTICE to Take Deposition of Michael Wood on September 16, 2019 filed by International Business Machines Corporation.(Farnan, Kelly)
August 21, 2019 Filing 237 NOTICE to Take Deposition of Vic Walia on September 16, 2019 filed by International Business Machines Corporation.(Farnan, Kelly)
August 21, 2019 Filing 236 NOTICE to Take Deposition of Mahesh Venkat on September 16, 2019 filed by International Business Machines Corporation.(Farnan, Kelly)
August 21, 2019 Filing 235 NOTICE to Take Deposition of Michael Van Nimwegen on September 16, 2019 filed by International Business Machines Corporation.(Farnan, Kelly)
August 21, 2019 Filing 234 NOTICE to Take Deposition of Monika Szymanski on September 16, 2019 filed by International Business Machines Corporation.(Farnan, Kelly)
August 21, 2019 Filing 233 NOTICE to Take Deposition of Ryan Swiatek on September 16, 2019 filed by International Business Machines Corporation.(Farnan, Kelly)
August 21, 2019 Filing 232 NOTICE to Take Deposition of Tania Shershin on September 16, 2019 filed by International Business Machines Corporation.(Farnan, Kelly)
August 21, 2019 Filing 231 NOTICE to Take Deposition of Darcy Shearer on September 16, 2019 filed by International Business Machines Corporation.(Farnan, Kelly)
August 21, 2019 Filing 230 NOTICE to Take Deposition of Ramnanth Shanbhogue on September 16, 2019 filed by International Business Machines Corporation.(Farnan, Kelly)
August 21, 2019 Filing 229 NOTICE to Take Deposition of Sruthi Samraj on September 16, 2019 filed by International Business Machines Corporation.(Farnan, Kelly)
August 21, 2019 Filing 228 NOTICE to Take Deposition of Richard Rosenberg on September 16, 2019 filed by International Business Machines Corporation.(Farnan, Kelly)
August 21, 2019 Filing 227 NOTICE to Take Deposition of Mark Rentz on September 16, 2019 filed by International Business Machines Corporation.(Farnan, Kelly)
August 21, 2019 Filing 226 NOTICE to Take Deposition of Paul Rattin on September 16, 2019 filed by International Business Machines Corporation.(Farnan, Kelly)
August 21, 2019 Filing 225 NOTICE to Take Deposition of Prasanna Ramachandran on September 16, 2019 filed by International Business Machines Corporation.(Farnan, Kelly)
August 21, 2019 Filing 224 NOTICE to Take Deposition of Namita Raigandhi on September 16, 2019 filed by International Business Machines Corporation.(Farnan, Kelly)
August 21, 2019 Filing 223 NOTICE to Take Deposition of Tom Pucci on September 16, 2019 filed by International Business Machines Corporation.(Farnan, Kelly)
August 21, 2019 Filing 222 NOTICE to Take Deposition of Rene Parra on September 16, 2019 filed by International Business Machines Corporation.(Farnan, Kelly)
August 21, 2019 Filing 221 NOTICE to Take Deposition of Sean Otto on September 16, 2019 filed by International Business Machines Corporation.(Farnan, Kelly)
August 21, 2019 Filing 220 NOTICE to Take Deposition of Clay Oltman on September 16, 2019 filed by International Business Machines Corporation.(Farnan, Kelly)
August 21, 2019 Filing 219 NOTICE to Take Deposition of Rohit Ohja on September 16, 2019 filed by International Business Machines Corporation.(Farnan, Kelly)
August 21, 2019 Filing 218 NOTICE to Take Deposition of Ben Munge on September 16, 2019 filed by International Business Machines Corporation.(Farnan, Kelly)
August 21, 2019 Filing 217 NOTICE to Take Deposition of Ramses Meijer on September 16, 2019 filed by International Business Machines Corporation.(Farnan, Kelly)
August 21, 2019 Filing 216 NOTICE to Take Deposition of Michael Marron on September 16, 2019 filed by International Business Machines Corporation.(Farnan, Kelly)
August 21, 2019 Filing 215 NOTICE to Take Deposition of Wanli Lau on September 16, 2019 filed by International Business Machines Corporation.(Farnan, Kelly)
August 21, 2019 Filing 214 NOTICE to Take Deposition of Rohan Kulkami on September 16, 2019 filed by International Business Machines Corporation.(Farnan, Kelly)
August 21, 2019 Filing 213 NOTICE to Take Deposition of Ryan Kowalcyzyk on September 16, 2019 filed by International Business Machines Corporation.(Farnan, Kelly)
August 21, 2019 Filing 212 NOTICE to Take Deposition of Deepthi Kondapalli on September 16, 2019 filed by International Business Machines Corporation.(Farnan, Kelly)
August 21, 2019 Filing 211 NOTICE to Take Deposition of Arun Iyer on September 16, 2019 filed by International Business Machines Corporation.(Farnan, Kelly)
August 21, 2019 Filing 210 NOTICE to Take Deposition of Kevin Howe on September 16, 2019 filed by International Business Machines Corporation.(Farnan, Kelly)
August 21, 2019 Filing 209 NOTICE to Take Deposition of Ed Hodges on September 16, 2019 filed by International Business Machines Corporation.(Farnan, Kelly)
August 21, 2019 Filing 208 NOTICE to Take Deposition of Duncan Harper on September 16, 2019 filed by International Business Machines Corporation.(Farnan, Kelly)
August 21, 2019 Filing 207 NOTICE to Take Deposition of Nancy Gupta on September 16, 2019 filed by International Business Machines Corporation.(Farnan, Kelly)
August 21, 2019 Filing 206 NOTICE to Take Deposition of James Cotton on September 16, 2019 filed by International Business Machines Corporation.(Farnan, Kelly)
August 21, 2019 Filing 205 NOTICE to Take Deposition of Magesh Chandramouli on September 16, 2019 filed by International Business Machines Corporation.(Farnan, Kelly)
August 21, 2019 Filing 204 NOTICE to Take Deposition of Jason Chandler on September 16, 2019 filed by International Business Machines Corporation.(Farnan, Kelly)
August 21, 2019 Filing 203 NOTICE to Take Deposition of Jonathan Carroll on September 16, 2019 filed by International Business Machines Corporation.(Farnan, Kelly)
August 21, 2019 Filing 202 NOTICE to Take Deposition of Mike Broadway on September 16, 2019 filed by International Business Machines Corporation.(Farnan, Kelly)
August 21, 2019 Filing 201 NOTICE to Take Deposition of Nik Brauer on September 16, 2019 filed by International Business Machines Corporation.(Farnan, Kelly)
August 21, 2019 Filing 200 NOTICE to Take Deposition of Ben Blake on September 16, 2019 filed by International Business Machines Corporation.(Farnan, Kelly)
August 21, 2019 Filing 199 NOTICE to Take Deposition of Marco Bernasconi on September 16, 2019 filed by International Business Machines Corporation.(Farnan, Kelly)
August 21, 2019 Filing 198 NOTICE to Take Deposition of Josh Belkin on September 16, 2019 filed by International Business Machines Corporation.(Farnan, Kelly)
August 21, 2019 Filing 197 NOTICE to Take Deposition of Jun Dai Bates-Kobashigawa on September 16, 2019 filed by International Business Machines Corporation.(Farnan, Kelly)
August 21, 2019 Filing 196 NOTICE to Take Deposition of Cameron Bates on September 16, 2019 filed by International Business Machines Corporation.(Farnan, Kelly)
August 21, 2019 Filing 195 NOTICE to Take Deposition of Abhimanyu Gupta on September 16, 2019 filed by International Business Machines Corporation.(Farnan, Kelly)
August 21, 2019 Filing 194 RESPONSE TO OBJECTIONS by International Business Machines Corporation re #160 REPORT AND RECOMMENDATIONS re #31 MOTION to Dismiss Based upon Improper Venue and Failure to State a Claim filed by Hotwire, Inc., Expedia, Inc., Orbitz Worldwide, Inc., Orbitz, LLC, Hotels.com L.P., Travelscape LLC. Please note that w . (Farnan, Kelly)
August 21, 2019 Opinion or Order Filing 193 ORAL ORDER: The Court, having reviewed the parties' discovery dispute motion relating to (a) Defendants' request that Plaintiff be compelled to produce relevant e-mail documents that it previously produced in the Priceline and Groupon litigations (the Priceline and Groupon e-mails); (b) Plaintiff's request that if it is required to produce the Priceline and Groupon e-mails, the parties should then be ordered to engage in new e-mail discovery; and (c) Plaintiff's request that Defendants serve supplemental invalidity contentions relating to the alleged prior art version of Expedia's website, (the "Motion"), (D.I. 165), and the parties' letter briefs relating thereto, (D.I. 175; D.I. 177; D.I. 187; D.I. 189), and having heard argument on August 19, 2019, hereby ORDERS as follows with respect to the Motion: (1) With regard to Defendants' request that Plaintiff be compelled to produce the Priceline and Groupon e-mails, the request is GRANTED. Most, if not all, of these e-mails are likely to be relevant to the claims and defenses at issue in this action, as the Priceline and Groupon litigations each involved four of the five patents that are in-suit here (and indeed, Plaintiff does not really argue that the e-mails would be irrelevant to this case), (D.I. 187 at 5). Nor would there be any undue "burden or expense" on Plaintiff to produce the e-mails pursuant to Fed. R. Civ. P. 26(b)(1), as the e-mails have already been collected and reviewed in the prior litigations. Lastly, in light of what was stated during the telephonic argument on August 19, 2019, it is clear that there was no joint "agreement" between the parties that IBM would not produce such e-mails in this case (IBM had said they did not want to produce the e-mails, and Defendants had disagreed with that position). Plaintiff shall thus produce the e-mails by no later than August 30, 2019.; (2) With regard to Plaintiffs request that if it is required to produce the Priceline and Groupon e-mails, the parties should then be ordered to engage in new e-mail discovery, the Court ORDERS that by no later than August 30, 2019, the parties shall provide a joint letter, of no more than four single-spaced pages, outlining their proposals for the scope of limited, reciprocal new e-mail discovery. The Court is not yet certain whether it believes that, at this late date (and in light of the parties prior understanding that no such new e-mail discovery was really needed in this case), it would be fair to order that such discovery be undertaken now. But it does also understand that Plaintiff's agreement not to undertake new e-mail discovery was at least in part linked to Plaintiff's position that the Priceline and Groupon e-mails need not be produced. Now that those e-mails must be produced, the Court is willing to at least consider whether some limited (i.e., a small number of search terms, a small number of custodians) new e-mail discovery should be allowed.; and (3) With regard to Plaintiff's request that Defendants serve supplemental invalidity contentions relating to the alleged prior art version of Expedia's website, the Court DENIES the request as MOOT. Because the parties suggest that Defendants will be updating the relevant contentions soon (and that, before they do, Plaintiff will be updating its infringement contentions), the Court need not resolve this dispute now. The Court hereby ORDERS that Plaintiff shall supplement its infringement contentions by August 30, 2019 and Defendants shall supplement their invalidity contentions by September 6, 2019. The Court also orders the parties to meet and confer to present an agreed-upon proposal, (or joint letter outlining their respective proposals), concerning identification of source code (and other computer files) on which infringement and invalidity contentions are based, including a timeline for such identification and any related issue (e.g., limitations on the parties ability to rely on additional source code or computer files identified in later stages of the case). The parties should submit such joint proposal or letter, which should not exceed four single-spaced pages, by no later than September 13, 2019. Ordered by Judge Christopher J. Burke on 8/21/2019. (dlb)
August 19, 2019 Minute Entry for proceedings held before Judge Christopher J. Burke - Discovery Dispute Teleconference held on 8/19/2019. The Court heard argument regarding the parties' disputes. The Court took the discovery disputes under advisement. (Clerk: M. Streifthau-Livizos) APPEARANCES: K. Farnan, B. Matty, K. Oussayef, M. Matulewicz-Crowley for Plaintiff; T. Rahmeier, J. Gray for Defendants. (Court Reporter Stacy Ingram (Hawkins)) (dlb)
August 15, 2019 Filing 192 NOTICE to Take Deposition of Expedia, Inc. Regarding Venue on September 6, 2019 filed by International Business Machines Corporation.(Farnan, Kelly)
August 15, 2019 Filing 191 NOTICE OF SERVICE of (1) IBM's Interrogatory to Expedia, Inc. Regarding Venue and (2) IBM's Requests to Expedia, Inc. for the Production of Documents and Things Regarding Venue (Nos. 1-14) filed by International Business Machines Corporation.(Farnan, Kelly)
August 14, 2019 Filing 190 REDACTED VERSION of #177 Letter by International Business Machines Corporation. (Attachments: #1 Exhibits 1-21)(Farnan, Kelly)
August 14, 2019 Filing 189 Letter to The Honorable Christopher J. Burke from Francis DiGiovanni regarding in Response to IBM's August 7, 2019 letter regarding discovery disputes. (Attachments: #1 Exhibit E, #2 Exhibit F, #3 Exhibit G, #4 Exhibit H)(DiGiovanni, Francis)
August 14, 2019 Filing 188 [SEALED] DECLARATION re #187 Letter (of Brian D. Matty) by International Business Machines Corporation. (Attachments: #1 Exhibit A-D)(Farnan, Kelly)
August 14, 2019 Filing 187 [SEALED] Letter to The Honorable Christopher J. Burke from Kelly E. Farnan regarding IBM's 08.14.2019 Response Letter Brief Regarding E-Mail Discovery - re #175 Letter. (Farnan, Kelly)
August 14, 2019 Filing 186 NOTICE to Take Deposition of Hotwire, Inc. on September 12, 2019 filed by International Business Machines Corporation.(Farnan, Kelly)
August 14, 2019 Filing 185 NOTICE to Take Deposition of Orbitz Worldwide, Inc. on September 16, 2019 filed by International Business Machines Corporation.(Farnan, Kelly)
August 14, 2019 Filing 184 NOTICE to Take Deposition of Expedia, Inc. on September 10, 2019 filed by International Business Machines Corporation.(Farnan, Kelly)
August 14, 2019 Filing 183 NOTICE to Take Deposition of Expedia Group, Inc. on September 9, 2019 filed by International Business Machines Corporation.(Farnan, Kelly)
August 14, 2019 Filing 182 NOTICE to Take Deposition of Homeaway.com, Inc. on September 11, 2019 filed by International Business Machines Corporation.(Farnan, Kelly)
August 14, 2019 Filing 181 NOTICE to Take Deposition of Orbitz, LLC on September 13, 2019 filed by International Business Machines Corporation.(Farnan, Kelly)
August 13, 2019 Opinion or Order Filing 180 ORAL ORDER: The Court, having reviewed the parties' August 6, 2019 letter regarding disputes over the scope of venue discovery, (D.I. 174), HEREBY ORDERS as follows: (1) All of Plaintiff's proposed Requests for Production ("RFPs") should eliminate reference to CII and CSCH. Although in its Report and Recommendation regarding venue, (D.I. 160 at 16-22), the Court made reference to Expedia-WA's relationship with these Canadian entities, that was only due to the limited nature of the record on venue. Now that Plaintiff can seek discovery from Expedia-WA and others about Expedia-WA's connection to CSCI, Great Escapes and the Bear location (the entities/location truly at issue here), the scope of venue discovery need not involve the Canadian entities.; (2) RFP 10, 11, 12 and 13 (regarding customer dispute processes, facility/property ownership, training and customer services) should be edited to seek documents on those subjects only to the extent that they relate to the Bear location (i.e., the customer dispute processes used at that location, the facilities/property at that location, the training provided to persons working at that location and customer services provided by persons working at that location).; (3) RFP 14 should be eliminated.; (4) RFP 15 should refer only to documents relating to Expedia-WA and its relationship to CSCI, Great Escapes and/or the Bear location that supported the Marron declaration.; (5) Although requiring production of "[a]ll documents..." relating to these RFPs will probably create burden issues under Fed. R. Civ. P. 26 for Expedia-WA, (D.I. 174 at 5 n.4), for now, the Court will leave in that wording and expect that the parties will meet and confer and work out any such burden-related disputes.; (6) Plaintiffs deposition topics and interrogatory should be edited in conformance with the Courts guidance as to the scope of the RFPs provided above.; (7) The number of RFPs or deposition topics or interrogatory subparts did not strike the Court as out of bounds, (id. at 7), and so the Court will not reduce them.; (8) Absent further order of the Court, this is the limit of venue discovery that can be sought from Expedia-WA, but the Court is not necessarily limiting Plaintiff from taking discovery of other parties/entities "to the extent such discovery is needed in view of Expedia-WAs assertion... that relevant documents and information are held by one or more of [such parties/entities.]" (Id. at 3); and (9) This venue discovery will not count against Plaintiff's limits imposed in the Scheduling Order. (Id. at 7). Ordered by Judge Christopher J. Burke on 8/13/2019. (dlb)
August 13, 2019 Filing 179 NOTICE OF SERVICE of Expedia, Inc.'s First Supplemental and Amended Objections and Responses to Plaintiff's First Set of Common Interrogatories (Nos.1-11) and Orbitz, LLC's Second Supplemental Objections and Responses to Plaintiff's First Set of Common Interrogatories (Nos. 1-11) filed by Expedia, Inc., Homeaway.com, Inc., Hotels.com L.P., Hotwire, Inc., Orbitz Worldwide, Inc., Orbitz, LLC, Travelscape LLC.(DiGiovanni, Francis)
August 12, 2019 Filing 178 NOTICE OF SERVICE of Defendants' Second Amended Initial Disclosures filed by Expedia, Inc., Homeaway.com, Inc., Hotels.com L.P., Hotwire, Inc., Orbitz Worldwide, Inc., Orbitz, LLC, Travelscape LLC.(DiGiovanni, Francis)
August 7, 2019 Filing 177 [SEALED] Letter to The Honorable Christopher J. Burke from Kelly E. Farnan regarding discovery disputes. (Attachments: #1 Exhibit 1-13, #2 Exhibit 14, #3 Exhibit 15-21)(Farnan, Kelly)
August 7, 2019 Filing 176 OBJECTION to #160 Report and Recommendations by Expedia, Inc., Homeaway.com, Inc., Hotels.com L.P., Hotwire, Inc., Orbitz Worldwide, Inc., Orbitz, LLC, Travelscape LLC. (DiGiovanni, Francis)
August 7, 2019 Filing 175 Letter to The Honorable Christopher J. Burke from Francis DiGiovanni regarding Requesting the Court Compel Plaintiff to Produce Documents. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(DiGiovanni, Francis)
August 6, 2019 Filing 174 Joint Letter to The Honorable Christopher J. Burke from Kelly E. Farnan regarding Venue Discovery - re 161 Oral Order,,. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Farnan, Kelly)
August 2, 2019 Filing 173 STIPULATION TO EXTEND TIME re the date by which the parties must file a joint letter regarding the scope and timing of venue discovery pursuant to the Court's July 24, 2019 Oral Order (D.I. 161) to August 6, 2019 - filed by International Business Machines Corporation. (Farnan, Kelly)
August 2, 2019 Opinion or Order SO ORDERED D.I. #173 STIPULATION TO EXTEND TIME re the date by which the parties must file a joint letter regarding the scope and timing of venue discovery pursuant to the Court's July 24, 2019 Oral Order (D.I. 161) to August 6, 2019 filed by International Business Machines Corporation. Ordered by Judge Christopher J. Burke on 8/2/2019. (dlb)
July 31, 2019 Filing 172 NOTICE to Take Deposition of HomeAway.com, Inc. on August 22, 2019 filed by International Business Machines Corporation.(Mosley, Renee)
July 31, 2019 Filing 171 NOTICE to Take Deposition of Hotwire, Inc. on August 20, 2019 filed by International Business Machines Corporation.(Mosley, Renee)
July 31, 2019 Filing 170 NOTICE to Take Deposition of Orbitz Worldwide, Inc. on August 24, 2019 filed by International Business Machines Corporation.(Mosley, Renee)
July 31, 2019 Filing 169 NOTICE to Take Deposition of Orbitz, LLC on August 21, 2019 filed by International Business Machines Corporation.(Mosley, Renee)
July 31, 2019 Filing 168 NOTICE to Take Deposition of Expedia Group, Inc. on August 23, 2019 filed by International Business Machines Corporation.(Mosley, Renee)
July 31, 2019 Filing 167 NOTICE to Take Deposition of Expedia, Inc. on August 19, 2019 filed by International Business Machines Corporation.(Mosley, Renee)
July 31, 2019 Filing 166 NOTICE OF SERVICE of IBM's Third Set of Common Interrogatories to Defendants (No. 13) filed by International Business Machines Corporation.(Farnan, Kelly)
July 31, 2019 Filing 165 Joint MOTION for Teleconference to Resolve Discovery Dispute - filed by Expedia, Inc., Homeaway.com, Inc., Hotels.com L.P., Hotwire, Inc., Orbitz Worldwide, Inc., Orbitz, LLC, Travelscape LLC. Motions referred to Christopher J. Burke.(DiGiovanni, Francis)
July 31, 2019 Opinion or Order Filing 164 ORAL ORDER: The Court has reviewed the parties' July 30, 2019 letter requesting a discovery teleconference regarding 3 discovery disputes. (D.I. 162) It hereby ORDERS that the procedures for resolving a discovery dispute set out in the Scheduling Order, (D.I. 60), 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 8/19/2019 at 4:00 PM before Judge Christopher J. Burke. (3) By no later than August 7, 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 August 14, 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 possible 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 7/31/2019. (dlb)
July 30, 2019 Opinion or Order Filing 163 ORAL ORDER: The Court, having reviewed the parties' case narrowing letter, (D.I. 159), hereby ORDERS as follows: (1) The Court will set the following schedule for case narrowing: (a) By the date set for final infringement contentions, Plaintiff shall serve final infringement contentions that reduce asserted claims to no more than 20 total (and no more than 5 from any one patent); (b) by the date set for the final invalidity contentions, Defendants shall serve final invalidity contentions that reduce invalidity theories to no more than 16 total per patent; (c) by no later than 10 days after the date set for the final invalidity contentions, both sides will reduce the number of third-party witnesses identified on their initial disclosures to no more than 25 third-party witnesses per side, not counting inventors of the patents-in-suit; (d) by no later than 3 days after the close of expert discovery, Plaintiff shall reduce asserted claims to no more than 15 total (and no more than 4 from any one patent) from among claims identified in the initial reduction; (e) by no later than 10 days after the close of expert discovery, Defendants shall reduce invalidity theories to no more than 9 total per patent from among the invalidity theories identified in the initial reduction; and (f) the Court adopts Defendants' proposal as it relates to the definition of an "invalidity reference[,]" (id. at 3). (2) The Court finds this to be an appropriate schedule for, inter alia, the following reasons: (a) The Court agrees with Defendants that in an ideal world, the initial reduction would have come sooner in the case schedule; indeed, had Defendants sought a Court order regarding case narrowing early in this case, the Court would have imposed the initial reduction at a far earlier stage of the case schedule. However, in light of where the case now stands, the Court agrees with Plaintiff, (id. at 4), that the initial reduction should occur at a point after which it is likely the Court shall have issued its Report and Recommendations on claim construction. (b) The Court agrees with Plaintiff, (id.), that Defendants' effort to require additional identifications of the accused functionality of each accused instrumentality and alleged invention dates is beyond the intended scope of this Order. To the extent that the parties cannot come to an agreement on these issues, the parties can utilize the Court's standard discovery dispute procedures to resolve them. (c) The Court agrees with Defendants that the reductions should be slightly more aggressive than in the Priceline and Groupon litigations, (id. at 6), in light of the data points now available to the parties about 4 of the 5 asserted patents via those prior litigations. (3) The parties may, of course, seek to modify the above limitations in the future upon a showing of good cause. See In re Katz Interactive Call Processing Patent Litig., 639 F.3d 1303, 1312 (Fed. Cir. 2011). Ordered by Judge Christopher J. Burke on 7/30/2019. (dlb)
July 30, 2019 Filing 162 Letter to The Honorable Christopher J. Burke from Francis DiGiovanni regarding Joint Discovery. (DiGiovanni, Francis)
July 24, 2019 Opinion or Order Filing 161 ORAL ORDER: By no later than August 2, 2019: (1) The parties shall meet and confer regarding the scope and timing of venue discovery described in the Courts Report and Recommendation issued today; and (2) the parties shall submit a joint letter that sets out their agreed-upon proposal as to the scope and timing of such discovery (or to the extent that the parties disagree as to those issues, that sets out their disputes so the Court can resolve them).Ordered by Judge Christopher J. Burke on 7/24/2019. (mlc)
July 24, 2019 Filing 160 REPORT AND RECOMMENDATIONS recommending GRANTING-IN-PART and DENYING-IN-PART D.I. #31 MOTION to Dismiss Based upon Improper Venue and Failure to State a Claim filed by Hotwire, Inc., Expedia, Inc., Orbitz Worldwide, Inc., Orbitz, LLC, Hotels.com L.P., Travelscape 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 8/7/2019. Signed by Judge Christopher J. Burke on 7/24/2019. (mlc)
July 23, 2019 Filing 159 Letter to The Honorable Christopher J. Burke from Kelly E. Farnan regarding case narrowing. (Attachments: #1 Exhibit A, #2 Exhibit B)(Farnan, Kelly)
July 23, 2019 Opinion or Order SO ORDERED D.I. #158 STIPULATION TO EXTEND TIME to File Proposal Reducing Number of Asserted Claims to July 23, 2019 filed by Hotwire, Inc., Homeaway.com, Inc., Expedia, Inc., Orbitz Worldwide, Inc., Orbitz, LLC, Hotels.com L.P., Travelscape LLC. Ordered by Judge Christopher J. Burke on 7/23/2019. (mlc)
July 19, 2019 Filing 158 STIPULATION TO EXTEND TIME to File Proposal Reducing Number of Asserted Claims to July 23, 2019 - filed by Expedia, Inc., Homeaway.com, Inc., Hotels.com L.P., Hotwire, Inc., Orbitz Worldwide, Inc., Orbitz, LLC, Travelscape LLC. (DiGiovanni, Francis)
July 19, 2019 Filing 157 Official Transcript of Claim Construction Hearing held on July 1, 2019 before Judge Christopher J. Burke. Court Reporter Susan Migatz of Veritext, Telephone number (302) 571-0510. 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 8/9/2019. Redacted Transcript Deadline set for 8/19/2019. Release of Transcript Restriction set for 10/17/2019. (bpg)
July 18, 2019 Pro Hac Vice Attorney Bailey Morgan Watkins,Mark Speegle for Expedia, Inc.,for Expedia, Inc., for Homeaway.com, Inc., for Hotels.com L.P., for Hotwire, Inc., for Orbitz Worldwide, Inc., for Orbitz, LLC, for Travelscape 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. (myr)
July 17, 2019 Filing 156 STIPULATION TO EXTEND TIME to File Proposal Reducing Number of Asserted Claims to July 19, 2019 - filed by Expedia, Inc., Homeaway.com, Inc., Hotels.com L.P., Hotwire, Inc., Orbitz Worldwide, Inc., Orbitz, LLC, Travelscape LLC. (DiGiovanni, Francis)
July 17, 2019 Opinion or Order SO ORDERED D.I. #156 STIPULATION TO EXTEND TIME to File Proposal Reducing Number of Asserted Claims to July 19, 2019 filed by Hotwire, Inc., Homeaway.com, Inc., Expedia, Inc., Orbitz Worldwide, Inc., Orbitz, LLC, Hotels.com L.P., Travelscape LLC. Ordered by Judge Christopher J. Burke on 7/17/2019. (dlb)
July 16, 2019 Opinion or Order SO ORDERED D.I. #148 MOTION for Pro Hac Vice Appearance of Attorney Mark Speegle filed by Hotwire, Inc., Homeaway.com, Inc., Expedia, Inc., Orbitz Worldwide, Inc., Orbitz, LLC, Hotels.com L.P., Travelscape LLC. Ordered by Judge Christopher J. Burke on 7/16/2019. (dlb)
July 12, 2019 Filing 155 NOTICE OF SERVICE of Hotwire's First Supplemental and Amended Responses to Interrogatories 1-11 filed by Expedia, Inc., Homeaway.com, Inc., Hotels.com L.P., Hotwire, Inc., Orbitz Worldwide, Inc., Orbitz, LLC, Travelscape LLC.(DiGiovanni, Francis)
July 3, 2019 Filing 154 NOTICE OF SERVICE of Plaintiff's Objections and Responses to Homeaway.com, Inc.'s Third Set of Requests for Production of Documents and Things (Nos. 28-64) filed by International Business Machines Corporation.(Farnan, Kelly)
July 3, 2019 Opinion or Order Filing 153 ORAL ORDER: For the reasons discussed at the conclusion of the recent Markman hearing, by no later than July 17, 2019, the parties shall have further met and conferred about case narrowing, including the appropriate time(s) for reducing the number of asserted claims and Section 102/103-related arguments. By that same date, the parties shall submit to the Court a joint letter of no more than 3 single-spaced pages that: (a) informs the Court as to whether they have agreed to such a schedule (and if so, what that schedule is); or (b) to the extent the parties have not reached agreement, shall set out each sides respective position on that issue. Ordered by Judge Christopher J. Burke on 7/3/2019. (dlb)
July 2, 2019 Minute Entry for proceedings held before Judge Christopher J. Burke - Markman Hearing held on 7/2/2019. The Court took claim construction under advisement and will issue a written decision. (Clerk: M. Streifthau-Livizos) Appearances: K. Farnan, J. Desmarais, K. Oussayef, B. Matty, M. Matulewicz-Crowley, A. Kochian, J. Tong for Plaintiff; F. DiGiovanni, D. Weaver, C. Ryan, J. Gray, M. Speegle, B. Watkins, T. Rahmeier for Defendants. (Court Reporter Susan Marie Migatz (Veritext)) (dlb)
July 1, 2019 Opinion or Order SO ORDERED D.I. #149 MOTION for Pro Hac Vice Appearance of Attorney Bailey Morgan Watkins filed by Hotwire, Inc., Homeaway.com, Inc., Expedia, Inc., Orbitz Worldwide, Inc., Orbitz, LLC, Hotels.com L.P., Travelscape LLC. Ordered by Judge Christopher J. Burke on 7/1/2019. (dlb)
June 28, 2019 Filing 152 Letter to Honorable Christopher J. Burke from Kelly E. Farnan regarding Status of Discovery and Certain Other Issues - re #60 Scheduling Order,,,. (Farnan, Kelly)
June 28, 2019 Opinion or Order Filing 151 ORAL ORDER: The Court, having reviewed the parties letter regarding the order of the terms for the upcoming claim construction hearing, (D.I. 150), hereby ORDERS that the Court will hear argument on the following terms in the order set out below, with Plaintiff arguing first as to terms (a) through (d), and Defendants arguing first for terms (e) through (k): (a) returning the cookie to the Web browser... ; (b) refresh page; (c) refresh object; (d) redirects/redirecting [x]; (e) command function(s); (f) the objects being retrieved... ; (g) [the] additional information; (h) characterizations; (i) advertising object identifications; (j) advertising objects; and (k) structuring advertising separately from the applications.... Ordered by Judge Christopher J. Burke on 6/28/2019. (dlb)
June 27, 2019 Filing 150 Joint Letter to The Honorable Christopher J. Burke from Kelly E. Farnan regarding Claim Construction - re 147 Oral Order,,. (Farnan, Kelly)
June 27, 2019 Filing 149 MOTION for Pro Hac Vice Appearance of Attorney Bailey Morgan Watkins - filed by Expedia, Inc., Homeaway.com, Inc., Hotels.com L.P., Hotwire, Inc., Orbitz Worldwide, Inc., Orbitz, LLC, Travelscape LLC. Motions referred to Christopher J. Burke.(DiGiovanni, Francis)
June 27, 2019 Filing 148 MOTION for Pro Hac Vice Appearance of Attorney Mark Speegle - filed by Expedia, Inc., Homeaway.com, Inc., Hotels.com L.P., Hotwire, Inc., Orbitz Worldwide, Inc., Orbitz, LLC, Travelscape LLC. Motions referred to Christopher J. Burke.(DiGiovanni, Francis)
June 27, 2019 Opinion or Order Filing 147 ORAL ORDER: The Court, having reviewed Plaintiff's letter, (D.I. 146), filed in response to the Court's June 25, 2019 Order regarding the upcoming claim construction hearing, (D.I. 144), in which Plaintiff asks that the term advertising object(s) be addressed during the hearing, and noting that Defendants do not oppose this request, (D.I. 146 at 1), HEREBY ORDERS that: (1) the Court will hear argument on the term advertising object(s) during the claim construction hearing; and (2) advertising object(s) will be the last term to be argued, with Defendants arguing first, unless the parties advise the Court that the term would be better argued in a different order. Ordered by Judge Christopher J. Burke on 6/27/2019. (dlb)
June 26, 2019 Filing 146 Letter to The Honorable Christopher J. Burke from Kelly E. Farnan regarding Claim Construction Hearing - re 144 Oral Order,,,. (Farnan, Kelly)
June 25, 2019 Filing 145 NOTICE to Take Deposition of Douglas C. Schmidt on June 26, 2019 filed by Expedia, Inc., Homeaway.com, Inc., Hotels.com L.P., Hotwire, Inc., Orbitz Worldwide, Inc., Orbitz, LLC, Travelscape LLC.(DiGiovanni, Francis)
June 25, 2019 Opinion or Order Filing 144 ORAL ORDER: The Court, having reviewed the parties letters regarding the upcoming claim construction hearing, (D.I. 141-43), hereby ORDERS as follows: (1) The Court will hear argument on a handful of terms that were at the top of each sides respective lists of most important terms, specifically: (a) returning the cookie to the Web browser...; (b) refresh object; (c) refresh page; (d) redirects/redirecting [x]; (e) [the] additional information; (f) command function(s); (g) the objects being retrieved...; (h) characterizations; (i) advertising object identifications; and (j) structuring advertising separately from the applications...; (2) The Court will hear argument on these terms in the order set out above. Plaintiff will argue first as to terms (1)(a) through (d), and Defendants will argue first for terms (1)(e) through (j).; and (3) The Court will allocate two hours per side for arguments, as the parties have requested. Ordered by Judge Christopher J. Burke on 6/25/2019. (dlb)
June 21, 2019 Filing 143 Letter to The Honorable Christopher J. Burke from Kelly E. Farnan regarding claim construction - re 127 Oral Order,,,. (Farnan, Kelly)
June 21, 2019 Filing 142 Letter to Magistrate Judge Christopher J. Burke from Francis DiGiovanni regarding Markman Hearing - re 127 Oral Order,,,. (DiGiovanni, Francis)
June 20, 2019 Filing 141 Letter to The Honorable Christopher J. Burke from Kelly E. Farnan regarding Claim Construction Hearing. (Farnan, Kelly)
June 20, 2019 Filing 140 NOTICE of Appearance by Renee Marie Mosley on behalf of International Business Machines Corporation (Mosley, Renee)
June 19, 2019 Filing 139 STATEMENT Plaintiff's Comments on Defendants' Technology Tutorial by International Business Machines Corporation. (Farnan, Kelly)
June 19, 2019 Filing 138 DECLARATION re #136 Claim Construction Answering Brief of Brian D. Matty by International Business Machines Corporation. (Attachments: #1 Exhibit 1-8)(Farnan, Kelly)
June 19, 2019 Filing 137 DECLARATION re #136 Claim Construction Answering Brief Declaration of Joseph Gray by Expedia, Inc., Homeaway.com, Inc., Hotels.com L.P., Hotwire, Inc., Orbitz Worldwide, Inc., Orbitz, LLC, Travelscape LLC. (Attachments: #1 Exhibit F-G)(DiGiovanni, Francis)
June 19, 2019 Filing 136 CLAIM CONSTRUCTION ANSWERING BRIEF filed by Expedia, Inc., Homeaway.com, Inc., Hotels.com L.P., Hotwire, Inc., Orbitz Worldwide, Inc., Orbitz, LLC, Travelscape LLC. (DiGiovanni, Francis)
June 19, 2019 Filing 135 DECLARATION re #134 Claim Construction Answering Brief of Douglas Schmidt by International Business Machines Corporation. (Attachments: #1 Exhibit A-H)(Farnan, Kelly)
June 19, 2019 Filing 134 CLAIM CONSTRUCTION ANSWERING BRIEF re #120 Claim Construction Opening Brief filed by International Business Machines Corporation. (Farnan, Kelly)
June 19, 2019 Filing 133 STATEMENT re 119 Multi Media Document Defendants' Comments on Plaintiff's Technology Tutorial by Expedia, Inc., Homeaway.com, Inc., Hotels.com L.P., Hotwire, Inc., Orbitz Worldwide, Inc., Orbitz, LLC, Travelscape LLC. (DiGiovanni, Francis)
June 19, 2019 Filing 132 NOTICE of Withdrawal of Sara M. Metzler as Counsel for Plaintiff by International Business Machines Corporation (Metzler, Sara)
June 4, 2019 Filing 131 NOTICE OF SERVICE of Defendant HomeAway.Com, Inc.'s Third Set of Requests for Production to Plaintiff IBM [Nos. 28-64] filed by Expedia, Inc., Homeaway.com, Inc., Hotels.com L.P., Hotwire, Inc., Orbitz Worldwide, Inc., Orbitz, LLC, Travelscape LLC.(DiGiovanni, Francis)
May 30, 2019 Filing 130 NOTICE OF SERVICE of Defendants Discovery Responses and Objections to Plaintiff's First Set of Common Interrogatories filed by Expedia, Inc., Homeaway.com, Inc., Hotels.com L.P., Hotwire, Inc., Orbitz Worldwide, Inc., Orbitz, LLC, Travelscape LLC.(DiGiovanni, Francis)
May 28, 2019 Opinion or Order Filing 129 ORDER Setting Mediation Conference: A Mediation Conference is set for 6/6/2019 at 10:00 AM in Courtroom 2A before Judge Christopher J. Burke. Signed by Judge Christopher J. Burke on 5/28/2019. (mlc)
May 23, 2019 Filing 128 MULTI MEDIA DOCUMENT filed by Expedia, Inc., Homeaway.com, Inc., Hotels.com L.P., Hotwire, Inc., Orbitz Worldwide, Inc., Orbitz, LLC, Travelscape LLC in the form of a CD containing Defendants' Technology Tutorial. Filing related to #123 Notice (Other). (Media on file in Clerk's Office). (dlb)
May 23, 2019 Opinion or Order Filing 127 ORAL ORDER: The Court, having reviewed the parties' Supplemental Joint Claim Construction Chart, (D.I. 124), hereby ORDERS as follows: By no later than June 21, 2019, each side should submit a letter of no more than three single-spaced pages that ranks each of the terms discussed in the parties' opening claim construction briefs in numbered order, with regard to each term's importance to that side (i.e., with the most important term ranked #1, the second most important term ranked #2, etc.). The letter may also include a brief description of the reasons for that side's prioritization of the terms. The Court will use these letters to determine which claim terms it will hear argument on at the July 1, 2019 Markman hearing. Between the date of submission of the parties' letters and the date of the Markman hearing, the Court will inform the parties as to the terms on which it will hear argument. Ordered by Judge Christopher J. Burke on 5/23/2019. (dlb)
May 22, 2019 Filing 126 EXHIBIT re #124 Claim Construction Chart /Volume II - Exhibits A-22 through D-4 to the Joint Claim Construction Chart by International Business Machines Corporation. (Attachments: #1 Exhibit A-22 through A-23, #2 Exhibit B-1 through B-8, #3 Exhibit B-9 through B-18, #4 Exhibit B-19 through B-30, #5 Exhibit C-1 through D-4)(Farnan, Kelly)
May 22, 2019 Filing 125 CLAIM CONSTRUCTION OPENING BRIEF filed by International Business Machines Corporation. (Farnan, Kelly)
May 22, 2019 Filing 124 CLAIM Construction Chart by International Business Machines Corporation. (Attachments: #1 Exhibit A, #2 Exhibit Volume I - Exhibits A-1 through A-21)(Farnan, Kelly)
May 22, 2019 Filing 123 NOTICE of Lodging of Technology Tutorial CD by Expedia, Inc., Homeaway.com, Inc., Hotels.com L.P., Hotwire, Inc., Orbitz Worldwide, Inc., Orbitz, LLC, Travelscape LLC (DiGiovanni, Francis)
May 22, 2019 Filing 122 DECLARATION re #120 Claim Construction Opening Brief Declaration of Joseph Gray in Support of Defendants' Opening Claim Construction Brief by Expedia, Inc., Homeaway.com, Inc., Hotels.com L.P., Hotwire, Inc., Orbitz Worldwide, Inc., Orbitz, LLC, Travelscape LLC. (Attachments: #1 Exhibit D-5, #2 Exhibit E)(DiGiovanni, Francis)
May 22, 2019 Filing 121 DECLARATION re #120 Claim Construction Opening Brief Declaration of Ivan Zatkovich in Support of Defendants' Opening Claim Construction Brief by Expedia, Inc., Homeaway.com, Inc., Hotels.com L.P., Hotwire, Inc., Orbitz Worldwide, Inc., Orbitz, LLC, Travelscape LLC. (Attachments: #1 Exhibit 1-7)(DiGiovanni, Francis)
May 22, 2019 Filing 120 CLAIM CONSTRUCTION OPENING BRIEF OF DEFENDANTS filed by Expedia, Inc., Homeaway.com, Inc., Hotels.com L.P., Hotwire, Inc., Orbitz Worldwide, Inc., Orbitz, LLC. (DiGiovanni, Francis)
May 20, 2019 Filing 119 MULTI MEDIA DOCUMENT filed by International Business Machines Corporation in the form of a CD containing Plaintiff's technology tutorial. Filing related to #118 Notice (Other). (Media on file in Clerk's Office). (dlb)
May 17, 2019 Filing 118 NOTICE of Lodging of Plaintiff International Business Machines Coporation's technology tutorial on CD by International Business Machines Corporation (Farnan, Kelly)
May 17, 2019 Opinion or Order Filing 117 ORAL ORDER: The Court, having reviewed the parties' filings regarding claim construction briefing, (D.I. 113-14; D.I. 116), hereby ORDERS as follows: (1) Plaintiffs' proposal is not a bad one, but it comes too late for it to be used in this Markman process. ; (2) Therefore, between today and May 21, 2019, the parties are ordered to have one further meet-and-confer regarding whether there can be joint agreement to remove some of the 39 currently-disputed terms from the number that will be briefed. The Court certainly hopes there will be such agreement. But if there is not, the parties may brief the 39 terms that have been identified as requiring construction.; (3) Opening claim construction briefs may be no more than 30 pages and responsive briefs may be no more than 30 pages.; (4) The Court will not hear argument on 39 terms (or anything close to that) at the Markman hearing. Between now and the hearing, it will further address with the parties which terms it will hear argument on, and which terms will be resolved on the papers.; and (5) The Court will require the parties to narrow asserted claims and invalidity arguments at some future point(s) in the case schedule. The Court will discuss that issue further with the parties in the near term.Ordered by Judge Christopher J. Burke on 5/17/2019. (mlc)
May 16, 2019 Filing 116 REPLY to Response to Motion re #113 Emergency MOTION for Extension of Time to File the Parties' Opening Claim Construction Briefs to May 22, 2019 and to Extend Opening and Responsive Briefs Page Limit filed by Expedia, Inc., Homeaway.com, Inc., Hotels.com L.P., Hotwire, Inc., Orbitz Worldwide, Inc., Orbitz, LLC, Travelscape LLC. (DiGiovanni, Francis)
May 16, 2019 Opinion or Order Filing 115 ORAL ORDER: The Court, having reviewed Defendants emergency motion regarding claim construction briefing, (D.I. 113), hereby GRANTS the motion to the extent it requests that opening claim construction briefs be due on May 22, 2019. The Court will resolve the dispute about page limits by close of business tomorrow. If Plaintiff wishes to submit a response on that issue, it should do so promptly. Ordered by Judge Christopher J. Burke on 5/16/2019. (dlb)
May 16, 2019 Filing 114 RESPONSE to Motion re #113 Emergency MOTION for Extension of Time to File the Parties' Opening Claim Construction Briefs to May 22, 2019 and to Extend Opening and Responsive Briefs Page Limit IBMs Opposition to Defendants' Emergency Motion for Extension of Due Date and Page Limits for Claim Construction Briefing filed by International Business Machines Corporation. (Attachments: #1 Exhibit 1 through 5, #2 Text of Proposed Order)(Farnan, Kelly)
May 16, 2019 Filing 113 Emergency MOTION for Extension of Time to File the Parties' Opening Claim Construction Briefs to May 22, 2019 and to Extend Opening and Responsive Briefs Page Limit - filed by Expedia, Inc., Homeaway.com, Inc., Hotels.com L.P., Hotwire, Inc., Orbitz Worldwide, Inc., Orbitz, LLC, Travelscape LLC. (Attachments: #1 Exhibit A, #2 Text of Proposed Order)Motions referred to Christopher J. Burke.(DiGiovanni, Francis)
May 10, 2019 Filing 112 NOTICE OF SERVICE of Plaintiffs Second Amended Initial Disclosures Pursuant to Fed. R. Civ. P. 26 filed by International Business Machines Corporation.(Farnan, Kelly)
May 9, 2019 Filing 111 RESPONSE TO OBJECTIONS by International Business Machines Corporation re #109 Objection to Report and Recommendations . (Farnan, Kelly)
April 30, 2019 Filing 110 NOTICE OF SERVICE of Defendants' Responses to IBM Amended 2nd Interrogatory #12 filed by Expedia, Inc., Homeaway.com, Inc., Hotels.com L.P., Hotwire, Inc., Orbitz Worldwide, Inc., Orbitz, LLC, Travelscape LLC.(DiGiovanni, Francis)
April 30, 2019 Pro Hac Vice Attorney Jun Tong for International Business Machines Corporation 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)
April 25, 2019 Filing 109 OBJECTION to #104 Report and Recommendations of Magistrate Judge Burke of April 11, 2019 by Expedia, Inc., Homeaway.com, Inc., Hotels.com L.P., Hotwire, Inc., Orbitz Worldwide, Inc., Orbitz, LLC, Travelscape LLC. (DiGiovanni, Francis)
April 24, 2019 Opinion or Order Filing 108 ORAL ORDER Setting Mediation Conference: A Telephone Conference is set for 5/14/2019 at 01:00 PM before Judge Christopher J. Burke. Counsel for Plaintiff shall initiate the call. Ordered by Judge Christopher J. Burke on 4/24/2019. (dlb)
April 17, 2019 Filing 107 CLAIM Construction Chart by International Business Machines Corporation. (Attachments: #1 Exhibit A, #2 Exhibit Vol I - Exs. 1-10, #3 Exhibit Vol I - Exs. 11-21, #4 Exhibit Vol II - Cover Page, #5 Exhibit Vol II - Exs. B-1 to B8, #6 Exhibit Vol II - Exs. B-9 to B-12, #7 Exhibit Vol II - Exs. B-13 to B-18, #8 Exhibit Vol III - Cover Page, #9 Exhibit Vol III - Exs. B-19 to B-29, #10 Exhibit Vol III - Exs. C-1 to C-6 and D-1 to D-4)(Farnan, Kelly)
April 15, 2019 Filing 106 NOTICE OF SERVICE of Plaintiff's Objections and Responses to Defendants' First Set of Common Interrogatories to IBM (Nos. 1-10) filed by International Business Machines Corporation.(Metzler, Sara)
April 15, 2019 Filing 105 NOTICE to Take Deposition of Charles Petit on April 18, 2019 filed by International Business Machines Corporation.(Farnan, Kelly)
April 11, 2019 Filing 104 REPORT AND RECOMMENDATIONS regarding D.I. #31 MOTION to Dismiss Based upon Improper Venue and Failure to State a Claim filed by Hotwire, Inc., Expedia, Inc., Orbitz Worldwide, Inc., Orbitz, LLC, Hotels.com L.P., Travelscape 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 4/25/2019. Signed by Judge Christopher J. Burke on 4/11/2019. (mlc)
April 9, 2019 Filing 103 NOTICE to Take Deposition of (Amended) Expedia, Inc. on pursuant to Fed. R. Civ. P. 30(b)(6) filed by International Business Machines Corporation.(Farnan, Kelly)
April 9, 2019 Opinion or Order SO ORDERED D.I. #99 MOTION for Pro Hac Vice Appearance of Attorney Jun Tong filed by International Business Machines Corporation. Ordered by Judge Christopher J. Burke on 4/9/2019. (dlb)
April 3, 2019 Filing 102 NOTICE OF SERVICE of IBM's Identification of Preliminary Proposed Claim Constructions filed by International Business Machines Corporation.(Farnan, Kelly)
April 3, 2019 Filing 101 Official Transcript of Motions Hearing held on March 29, 2019 before Judge Christopher J. Burke. Court Reporter Brian Gaffigan, Telephone (302) 573-6360. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 4/24/2019. Redacted Transcript Deadline set for 5/6/2019. Release of Transcript Restriction set for 7/2/2019. (bpg)
March 29, 2019 Minute Entry for proceedings held before Judge Christopher J. Burke: Motion Hearing held on 3/29/2019. The Court heard argument regarding Defendants' Motion to Dismiss for Improper Venue and Failure to State a Claim, (D.I. 31), and Defendant's Motion to Dismiss for Failure to State a Claim, (D.I. 34). The Court argument regarding both motions and will take the matters under advisement. (Court Reporter Brian Gaffigan, Clerk: M. Streifthau-Livizos) APPEARANCES: K. Farnan, J. Desmarais, K. Oussayef, R. Harrits, M. Matulewicz-Crowley, J. Tong, A. Kochian for Plaintiff; D. Weaver, J. Gray, F. DiGiovanni for Defendant. (Court Reporter Brian Gaffigan.) (dlb)
March 29, 2019 Filing 100 NOTICE OF SERVICE of IBM's Second Set of Interrogatories to Defendants (No. 12) filed by International Business Machines Corporation.(Farnan, Kelly)
March 28, 2019 Filing 99 MOTION for Pro Hac Vice Appearance of Attorney Jun Tong - filed by International Business Machines Corporation. Motions referred to Christopher J. Burke.(Farnan, Kelly)
March 27, 2019 Filing 98 NOTICE OF SERVICE of Plaintiffs Objections and Responses to Homeaway.com, Inc.s Second Set of Requests for Production of Documents and Things (Nos. 22-27) filed by International Business Machines Corporation.(Farnan, Kelly)
March 18, 2019 Filing 97 [SEALED] NOTICE of Subsequent Authority by International Business Machines Corporation re #31 MOTION to Dismiss Based upon Improper Venue and Failure to State a Claim (Attachments: #1 Exhibit 1-4)(Farnan, Kelly)
March 18, 2019 Filing 96 NOTICE OF SERVICE of Defendants' First Set of Common Interrogatories to IBM filed by Expedia, Inc., Homeaway.com, Inc., Hotels.com L.P., Hotwire, Inc., Orbitz Worldwide, Inc., Orbitz, LLC, Travelscape LLC.(Rahmeier, Thatcher)
March 18, 2019 Minute Entry for proceedings held before Judge Christopher J. Burke - Settlement Teleconference held on 3/18/2019. (dlb)
March 13, 2019 Filing 95 NOTICE OF SERVICE of Plaintiff's First Supplemental Objections and Responses to Homeaway.com, Inc.'s First Set of Requests for Production of Documents and Things (Nos. 1-21) filed by International Business Machines Corporation.(Metzler, Sara)
March 11, 2019 Filing 94 STIPULATION TO EXTEND TIME for Plaintiff's Supplemental Responses to Requests for Production and Expedia, Inc.'s Identity of Individuals to Testify as Rule 30(b)(6) Deponents to March 13, 2019 - filed by Expedia, Inc., Homeaway.com, Inc., Hotels.com L.P., Hotwire, Inc., Orbitz Worldwide, Inc., Orbitz, LLC, Travelscape LLC. (DiGiovanni, Francis)
March 11, 2019 Opinion or Order SO ORDERED D.I. #94 STIPULATION TO EXTEND TIME for Plaintiff's Supplemental Responses to Requests for Production and Expedia, Inc.'s Identity of Individuals to Testify as Rule 30(b)(6) Deponents to March 13, 2019 filed by Hotwire, Inc., Homeaway.com, Inc., Expedia, Inc., Orbitz Worldwide, Inc., Orbitz, LLC, Hotels.com L.P., Travelscape LLC. Ordered by Judge Christopher J. Burke on 3/11/2019. (dlb)
March 6, 2019 Filing 93 Official Transcript of Telephone Conference held on February 25, 2019 before Chief Judge Leonard P. Stark. Court Reporter Brian Gaffigan, Telephone (302) 573-6360. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 3/27/2019. Redacted Transcript Deadline set for 4/8/2019. Release of Transcript Restriction set for 6/4/2019. (bpg)
March 1, 2019 Opinion or Order ORAL ORDER Setting Hearing on Motions D.I. #31 MOTION to Dismiss Based upon Improper Venue and Failure to State a Claim, and D.I. #34 MOTION to Dismiss for Failure to State a Claim : A Motion Hearing is set for 3/29/2019 at 10:00 AM in Courtroom 2A before Judge Christopher J. Burke. Each side has been allocated 30 minutes for argument on the Motion to Dismiss Based upon Improper Venue and Failure to State a Claim, (D.I. 31) and each side has been allocated 30 minutes for argument on the Motion to Dismiss for Failure to State a Claim, (D.I. 34).Ordered by Judge Christopher J. Burke on 3/1/2019. (mlc)
February 26, 2019 Filing 92 NOTICE OF SERVICE of Homeaway.com, Inc.'s Second Request for Production of Documents and Things to IBM filed by Homeaway.com, Inc..(DiGiovanni, Francis)
February 26, 2019 Filing 91 NOTICE OF SERVICE of Homeaway.com, Inc.'s Highly Confidential-Attorneys' Eyes Only First Supplemental and Amended Objections and Responses to IBM's First Set of Common Interrogatories and Hotels.com LLP's Highly Confidential-Attorneys' Eyes Only First Supplemental and Amended Objections and Responses to IBM's First Set of Common Interrogatories filed by Homeaway.com, Inc., Hotels.com L.P..(DiGiovanni, Francis)
February 26, 2019 Filing 90 NOTICE OF SERVICE of Expedia Group Inc.'s Confidential First Amended Objections and Responses to IBM's First Requests for Admissions; Expedia Inc.'s First Amended Objections and Responses to IBM's First Requests for Admissions; Homeaway.com, Inc.'s First Amended Objections and Responses to IBM's First Requests for Admissions; Hotels.com L.P.'s First Amended Objections and Responses to IBM's First Requests for Admissions; Hotwire, Inc.'s First Amended Objections and Responses to IBM's First Requests for Admissions; Orbitz Worldwide, Inc.'s First Amended Objections and Responses to IBM's First Requests for Admissions; Orbitz, LLC's First Amended Objections and Responses to IBM's First Requests for Admissions; Travelscape LLC's First Amended Objections and Responses to IBM's First Requests for Admissions; Expedia Group, Inc.'s First Amended Objections and Responses to IBM's First Set of Common Interrogatories; Orbitz Worldwide, Inc.'s Confidential First Amended Objections and Responses to IBM's First Set of Common Interrogatories; and Travelscape LLC's Confidential First Amended Objections and Responses to IBM's Frist Set of Common Interrogatories filed by Expedia, Inc., Homeaway.com, Inc., Hotels.com L.P., Hotwire, Inc., Orbitz Worldwide, Inc., Orbitz, LLC, Travelscape LLC.(DiGiovanni, Francis)
February 25, 2019 Minute Entry for proceedings held before Judge Christopher J. Burke - Discovery Dispute Teleconference held on 2/25/2019. The Court heard argument regarding the parties' discovery disputes, (D.I. 84-89), and issued a verbal decision resolving each dispute. (Clerk: M. Streifthau-Livizos) Appearances: S. Metzer, K. Oussayef, M. Matulewicz-Crowley for Plaintiff; F. DiGiovanni, T. Rahmeier, J. Gray for Defendants. (Court Reporter Brian Gaffigan) (dlb)
February 21, 2019 Pro Hac Vice Attorney Alexandra E. Kochian for International Business Machines Corporation added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (ceg)
February 15, 2019 Filing 89 REDACTED VERSION of #86 Exhibit to a Document Exhibits 3, 6 and 8 to the Letter to The Honorable Christopher J. Burke from Kelly E. Farnan dated February 7, 2019 by International Business Machines Corporation. (Metzler, Sara)
February 14, 2019 Filing 88 Letter to Honorable Christopher J. Burke from Kelly E. Farnan regarding Response to Homeaway's Letter re: IBMs responses to Homeaways First Set of Requests for Production (D.I. 84). (Attachments: #1 Exhibit 1-6)(Farnan, Kelly)
February 14, 2019 Filing 87 [SEALED] Letter to The Honorable Christopher J. Burke from Francis DiGiovanni regarding Expedia's Opposition to IBM's February 7, 2019 letter concerning IBM's First Notice of Deposition to Expedia, Inc. (D.I. 85) - re #85 Letter, SO ORDERED. (Attachments: #1 Exhibit A-B)(DiGiovanni, Francis)
February 12, 2019 Opinion or Order SO ORDERED D.I. #81 MOTION for Pro Hac Vice Appearance of Attorney Alexandra Kochian filed by International Business Machines Corporation. Ordered by Judge Christopher J. Burke on 2/12/2019. (dlb)
February 7, 2019 Filing 86 [SEALED] EXHIBIT re #85 Letter to the Honorable Christopher J. Burke from Kelly E. Farnan by International Business Machines Corporation. (Attachments: #1 3, 6 and 8)(Farnan, Kelly)
February 7, 2019 Filing 85 Letter to The Honorable Christopher J. Burke from Kelly E. Farnan regarding discovery dispute. (Attachments: #1 Exhibit 1, 2, 4, 5, 7, 9, and 10)(Farnan, Kelly)
February 7, 2019 Filing 84 Letter to the Honorable Christopher J. Burke from Francis DiGiovanni regarding Opening Letter Regarding Discovery Dispute - re Order Setting Teleconference,,,,,. (Attachments: #1 Ex. A, #2 SEALED Ex. B, #3 Ex. C, #4 Ex. D)(DiGiovanni, Francis)
February 6, 2019 Filing 83 Joint MOTION to Schedule Discovery Dispute Teleconference on 2.25.19 re: January 31 Oral Order Setting Teleconference - filed by International Business Machines Corporation. Motions referred to Christopher J. Burke.(Farnan, Kelly)
February 6, 2019 Filing 82 NOTICE OF SERVICE of Defendants' First Amended Initial Disclosures filed by Expedia, Inc., Homeaway.com, Inc., Hotels.com L.P., Hotwire, Inc., Orbitz Worldwide, Inc., Orbitz, LLC, Travelscape LLC.(DiGiovanni, Francis)
February 4, 2019 Filing 81 MOTION for Pro Hac Vice Appearance of Attorney Alexandra Kochian - filed by International Business Machines Corporation. Motions referred to Christopher J. Burke.(Metzler, Sara)
February 1, 2019 Filing 80 NOTICE of Subsequent Authority by International Business Machines Corporation re #31 MOTION to Dismiss Based upon Improper Venue and Failure to State a Claim (Farnan, Kelly)
January 31, 2019 Filing 79 Letter to The Honorable Christopher J. Burke from Kelly E. Farnan regarding scheduling of a discovery teleconference. (Farnan, Kelly)
January 31, 2019 Opinion or Order ORAL ORDER Setting Teleconference: The Court has reviewed the parties' January 31, 2019 letter requesting a discovery teleconference regarding two discovery disputes. (D.I. 79) It hereby ORDERS that the procedures for resolving a discovery dispute set out in the Scheduling Order, (D.I. 60), 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 2/25/2019 at 02:00 PM before Judge Christopher J. Burke. (3) By no later than February 7, 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 February 14, 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 Clerks' Office within one hour of e-filing; and (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 1/31/2019. (mlc)
January 30, 2019 Filing 78 NOTICE of Subsequent Authority as to Defendants' Motion to Dismiss Amended Complaint by Expedia, Inc., Hotels.com L.P., Travelscape LLC re #31 MOTION to Dismiss Based upon Improper Venue and Failure to State a Claim (Attachments: #1 Exhibit A)(DiGiovanni, Francis)
January 8, 2019 Filing 77 NOTICE OF SERVICE of Expedia Group, Inc.'s Objections & Responses to IBM's First Set of Requests for Admissions; Expedia, Inc.'s Objections & Responses to IBM's First Set of Requests for Admissions; Homeaway.com, Inc.'s Objections & Responses to IBM's First Set of Requests for Admissions; Hotels.com L.P.'s Objections & Responses to IBM's First Set of Requests for Admissions; Hotwire, Inc.'s Objections & Responses to IBM's First Set of Requests for Admissions; Orbitz Worldwide, Inc.'s Objections & Responses to IBM's First Set of Requests for Admissions; Orbitz, LLC's Objections & Responses to IBM's First Set of Requests for Admissions; and Travelscape LLC's Objections & Responses to IBM's First Set of Requests for Admissions filed by Expedia, Inc., Homeaway.com, Inc., Hotels.com L.P., Hotwire, Inc., Orbitz Worldwide, Inc., Orbitz, LLC, Travelscape LLC.(DiGiovanni, Francis)
January 3, 2019 Filing 76 NOTICE to Take Deposition of Expedia, Inc. on January 24, 2019 filed by International Business Machines Corporation.(Farnan, Kelly)
December 17, 2018 Filing 75 NOTICE OF SERVICE of Defendants' Responses to IBM's First Request for Production (1-150) and Defendants' Responses to IBM's First Set of Interrogatories (1-11) filed by Expedia, Inc., Homeaway.com, Inc., Hotels.com L.P., Hotwire, Inc., Orbitz Worldwide, Inc., Orbitz, LLC, Travelscape LLC.(DiGiovanni, Francis)
December 12, 2018 Filing 74 NOTICE OF SERVICE of Plaintiff's Objections and Responses to Homeaway.com, Inc.'s First Set of Requests for Production of Documents and Things (Nos. 1-21) filed by International Business Machines Corporation.(Metzler, Sara)
December 12, 2018 Filing 73 NOTICE of Subsequent Authority by International Business Machines Corporation re #34 MOTION to Dismiss for Failure to State a Claim (Farnan, Kelly)
December 7, 2018 Filing 72 NOTICE of Subsequent Authority by Homeaway.com, Inc. re #34 MOTION to Dismiss for Failure to State a Claim (Attachments: #1 Exhibit A)(DiGiovanni, Francis)
December 6, 2018 Filing 71 NOTICE OF SERVICE of IBM's First Set of Requests for Admissions to Defendants (Nos. 1-4) filed by International Business Machines Corporation.(Farnan, Kelly)
December 3, 2018 Filing 70 NOTICE OF SERVICE of First Amended Initial Disclosures Pursuant to Fed. R. Civ. P. 26 filed by International Business Machines Corporation.(Farnan, Kelly)
November 30, 2018 Filing 69 NOTICE of Subsequent Authority Regarding IBM's Answering Brief in Opposition to Defendant's Motion to Dismiss Under Fed. R. Civ. P. 12(b)(3) and 12(b)(6) by International Business Machines Corporation (Attachments: #1 Exhibit A-E)(Farnan, Kelly)
November 29, 2018 Opinion or Order Filing 68 ORDER Setting Mediation Conference: A Telephone Conference is set for 3/18/2019 at 11:00 AM before Judge Christopher J. Burke. Signed by Judge Christopher J. Burke on 11/29/2018. (dlb)
November 16, 2018 Filing 67 Letter to The Honorable Christopher J. Burke from Kelly E. Farnan regarding parties resolution of protective order dispute and enclosing proposed protective order. (Attachments: #1 Exhibit A (Proposed Protective Order))(Farnan, Kelly)
November 16, 2018 Opinion or Order ORAL ORDER: In light of the parties Letter D.I. #67 stating the Protective Order dispute has been resolved, the teleconference set for November 26 is cancelled. Further, the Proposed Protective Order submitted as attachment A to Letter (D.I. 67) is SO ORDERED. Ordered by Judge Christopher J. Burke on 11/16/2018. (dlb)
November 14, 2018 Filing 66 Joint MOTION to Schedule a Protective Order Dispute Teleconference 11.26.18 re Order Setting Teleconference,,,,,, - filed by International Business Machines Corporation. Motions referred to Christopher J. Burke.(Farnan, Kelly)
November 13, 2018 Opinion or Order ORAL ORDER setting protective order dispute teleconference: The Court, having reviewed the parties' joint letter regarding a protective order dispute, (D.I. 64), hereby ORDERS that the procedures for resolving a protective order dispute set out in paragraph 8(g) of the Scheduling Order, (D.I. 60), will be followed with certain modifications: (1) The parties shall file a "Joint Motion for Teleconference to Resolve Protective Order 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 protective order dispute teleconference will be held on Monday, 11/26/2018 at 02:00 PM, with Plaintiff's counsel to initiate the call; (3) Not less than ninety-six (96) hours prior to the teleconference, excluding weekends and holidays, each party shall file with the Court a letter, not to exceed two (2) pages, in no less than 12-point font, outlining the issues in dispute and its position on those issues, including the party's proposal as to how the content of the disputed portion(s) of the protective order should read. Not less than forty-eight (48) hours prior to the conference, excluding weekends and holidays, each party may file a letter, not to exceed two (2) pages, in no less than 12-point font, outlining that party's response to the opposing party's initial letter.; and (4) Two courtesy copies of the letters are to be hand delivered to the Clerks Office within one hour of e-filing. Ordered by Judge Christopher J. Burke on 11/13/2018. (mlc)
November 9, 2018 Filing 65 NOTICE OF SERVICE of Each Defendant's Individual Initial Disclosures filed by Expedia, Inc., Homeaway.com, Inc., Hotels.com L.P., Hotwire, Inc., Orbitz Worldwide, Inc., Orbitz, LLC.(Rahmeier, Thatcher)
November 8, 2018 Filing 64 Letter to The Honorable Christopher J. Burke from Kelly E. Farnan regarding Request for a Discovery Conference re Joint Proposed Protective Order. (Farnan, Kelly)
November 8, 2018 Filing 63 NOTICE OF SERVICE of Plaintiff's Initial Disclosures Pursuant to Fed. R. Civ. P. 26 filed by International Business Machines Corporation.(Farnan, Kelly)
November 2, 2018 Filing 62 NOTICE OF SERVICE of IBM's Preliminary Identification of Accused Products filed by International Business Machines Corporation.(Farnan, Kelly)
November 1, 2018 Filing 61 Letter to The Honorable Christopher J. Burke from Kelly E. Farnan regarding Request for Discovery Teleconference Moot - re #50 Letter. (Farnan, Kelly)
October 30, 2018 Opinion or Order ORAL ORDER: By no later than November 5, 2018, the parties shall jointly file a one-page letter advising the Court whether the request for a discovery teleconference, (D.I. 50), is moot in light of the Court's decisions during the October 22, 2018 Case Management Conference. Ordered by Judge Christopher J. Burke on 10/29/2018. (dlb)
October 29, 2018 Opinion or Order Filing 60 SCHEDULING ORDER: Case referred to the Magistrate Judge for the purpose of exploring ADR. Joinder of Parties due by 2/8/2019. Amended Pleadings due by 2/8/2019. Fact Discovery completed by 11/1/2019. Expert Discovery due by 3/31/2020. Status Report due by 6/28/2019. Dispositive Motions due by 4/28/2020. A Motion Hearing is set for 6/2/2020 at 09:00 AM in Courtroom 2A before Judge Christopher J. Burke Claim Construction Opening Brief due by 5/17/2019. Claim Construction Answering Brief due by 6/19/2019. A Markman Hearing is set for 7/1/2019 at 09:00 AM in Courtroom 2A before Judge Christopher J. Burke. A Pretrial Conference is set for 8/28/2020 at 11:30 AM in Courtroom 6B before Judge Leonard P. Stark. A Jury Trial is set for 9/14/2020 at 09:30 AM in Courtroom 6B before Judge Leonard P. Stark. Signed by Judge Christopher J. Burke on 10/29/2018. (dlb)
October 29, 2018 Opinion or Order Filing 59 ORAL ORDER (AMENDED) REFERRING CASE to Magistrate Judge Christopher J. Burke: IT IS HEREBY ORDERED that the above captioned case is referred to Magistrate Judge Christopher J. 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; all subsequent filings in this action shall be captioned as follows: Civil Action No. 17-1875-LPS-CJB. ORDERED by Judge Leonard P. Stark on 10/29/18.(ntl)
October 29, 2018 MOTIONS REFERRED to Judge Christopher J. Burke: #34 MOTION to Dismiss for Failure to State a Claim , #31 MOTION to Dismiss Based upon Improper Venue and Failure to State a Claim. (ntl)
October 29, 2018 CASE REFERRED to Magistrate Judge Christopher J. 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 (cak)
October 26, 2018 Filing 58 Letter to The Honorable Christopher J. Burke from Kelly E. Farnan regarding enclosing a Joint Proposed Scheduling Order - re Scheduling Conference,. (Attachments: #1 Joint Proposed Scheduling Order)(Farnan, Kelly)
October 22, 2018 Minute Entry for proceedings held before Judge Christopher J. Burke - Scheduling Conference held on 10/22/2018. The Court heard argument regarding the parties' scheduling disputes, (D.I. 43), and provided key dates. Clerk: M. Streifthau-Livizos)Appearances: K. Farnan, K. Oussayef, B. Matty, A. Kochian for Plaintiff; F. DiGiovanni, T. Rahmeier, D. Weaver, J. Gray for Defendant. (Court Reporter Stacy Ingram (Hawkins)) (dlb)
October 19, 2018 Filing 57 NOTICE OF SERVICE of Defendants' Responses and Objections to Plaintiff's Requests to Defendants for the Production of Documents and Things Regarding Venue (Nos. 1-21) and Defendants' Response and Objections to Plainitff's Interrogatory to Defendants Regarding Venue filed by Expedia, Inc., Homeaway.com, Inc., Hotels.com L.P., Hotwire, Inc., Orbitz Worldwide, Inc., Orbitz, LLC, Travelscape LLC.(DiGiovanni, Francis)
October 17, 2018 Filing 56 REQUEST for Oral Argument by Expedia, Inc., Homeaway.com, Inc., Hotels.com L.P., Hotwire, Inc., Orbitz Worldwide, Inc., Orbitz, LLC re #34 MOTION to Dismiss for Failure to State a Claim , #31 MOTION to Dismiss Based upon Improper Venue and Failure to State a Claim. (Rahmeier, Thatcher)
October 12, 2018 Filing 55 NOTICE to Take Deposition of Michael Marron on October 22, 2018 filed by International Business Machines Corporation.(Farnan, Kelly)
October 12, 2018 Filing 54 NOTICE to Take Deposition of Expedia, Inc. (now Expedia Group, Inc.), pursuant to F.R.C.P. 30(b)(6) on October 22, 2018 filed by International Business Machines Corporation.(Farnan, Kelly)
October 12, 2018 Filing 53 NOTICE to Take Deposition of Expedia, Inc., pursuant to F.R.C.P. 30(b)(6) on October 22, 2018 filed by International Business Machines Corporation.(Farnan, Kelly)
October 12, 2018 Filing 52 NOTICE to Take Deposition of Hotels.com L.P., pursuant to F.R.C.P. 30(b)(6) on October 22, 2018 filed by International Business Machines Corporation.(Farnan, Kelly)
October 12, 2018 Filing 51 NOTICE to Take Deposition of Travelscape LLC, pursuant to F.R.C.P. 30(b)(6) on October 22, 2018 filed by International Business Machines Corporation.(Farnan, Kelly)
October 12, 2018 Filing 50 Letter to The Honorable Leonard P. Stark from Kelly E. Farnan regarding discovery dispute. (Farnan, Kelly)
October 12, 2018 Filing 49 NOTICE OF SERVICE of HomeAway.Com. Inc.'s First Set of Requests for Production of Documents and Things (Nos. 1-16) filed by Homeaway.com, Inc..(DiGiovanni, Francis)
October 10, 2018 Filing 48 NOTICE OF SERVICE of First Set of Common Interrogatories to Defendants (Nos. 1-11) and First Set of Requests to Defendants for Production of Documents and Things (Nos. 1-150) filed by International Business Machines Corporation.(Farnan, Kelly)
October 9, 2018 Filing 47 DECLARATION re #46 Reply to Response to Motion, Declaration of Joseph Gray by Expedia, Inc., Hotels.com L.P., Hotwire, Inc., Orbitz Worldwide, Inc., Orbitz, LLC, Travelscape LLC. (Attachments: #1 Exhibit 11)(DiGiovanni, Francis)
October 9, 2018 Filing 46 REPLY to Response to Motion re #31 MOTION to Dismiss Based upon Improper Venue and Failure to State a Claim filed by Expedia, Inc., Hotels.com L.P., Hotwire, Inc., Orbitz Worldwide, Inc., Orbitz, LLC, Travelscape LLC. (DiGiovanni, Francis)
October 9, 2018 Filing 45 DECLARATION re #44 Reply to Response to Motion Declaration of Francis DiGiovanni by Homeaway.com, Inc.. (Attachments: #1 Exhibit 10)(DiGiovanni, Francis)
October 9, 2018 Filing 44 REPLY to Response to Motion re #34 MOTION to Dismiss for Failure to State a Claim filed by Homeaway.com, Inc.. (DiGiovanni, Francis)
October 2, 2018 Opinion or Order Order Setting Telephonic Case Management/Scheduling Conference: A Case Management/Scheduling Conference is set for 10/22/2018 at 02:00 PM before Judge Christopher J. Burke. Ordered by Judge Christopher J. Burke on 10/2/2018. (dlb)
September 27, 2018 Filing 43 Joint Letter to The Honorable Christopher J. Burke from Kelly E. Farnan regarding Case Management Submission Letter - re Oral Order,,,,,. (Attachments: #1 Exhibit A - Joint Proposed Scheduling Order, #2 Exhibit B - Case Management Checklist)(Farnan, Kelly)
September 24, 2018 Filing 42 ANSWERING BRIEF in Opposition re #34 MOTION to Dismiss for Failure to State a Claim , #31 MOTION to Dismiss Based upon Improper Venue and Failure to State a Claim to Homeaway's Motion to Dismiss Count Two of IBM's Amended Complaint Based on Obviousness-Type Double Patenting and All Counts Based on Fed. R. Civ. P. 12(B)(6) filed by International Business Machines Corporation.Reply Brief due date per Local Rules is 10/1/2018. (Farnan, Kelly)
September 24, 2018 Filing 41 DECLARATION re #40 Answering Brief in Opposition, of Robert C. Harrits by International Business Machines Corporation. (Attachments: #1 Exhibit 1-13)(Farnan, Kelly)
September 24, 2018 Filing 40 ANSWERING BRIEF in Opposition re #31 MOTION to Dismiss Based upon Improper Venue and Failure to State a Claim Under Fed. R. Civ. P. 12(b)(3) and 12(b)(6) filed by International Business Machines Corporation.Reply Brief due date per Local Rules is 10/1/2018. (Farnan, Kelly)
September 19, 2018 Filing 39 NOTICE to Take Deposition of Defendants Pursuant to Rule 30(b)(6) of the Federal Rules of Civil Procedure on October 10, 2018 filed by International Business Machines Corporation.(Farnan, Kelly)
September 19, 2018 Filing 38 NOTICE OF SERVICE of (1) IBMs Interrogatory to Defendants Regarding Venue and (2) IBMs Requests to Defendants for the Production of Documents and Things Regarding Venue (Nos. 1--21) filed by International Business Machines Corporation.(Farnan, Kelly)
September 5, 2018 Opinion or Order SO ORDERED D.I. #37 STIPULATION TO EXTEND TIME re: Motion to Dismiss Briefing to 09.24.18 re: Plaintiffs opposition or response and the date by which Defendants shall file their reply briefs is extended to 10.09.18 filed by International Business Machines Corporation. Ordered by Judge Christopher J. Burke on 9/5/2018. (dlb)
August 31, 2018 Filing 37 STIPULATION TO EXTEND TIME re: Motion to Dismiss Briefing to 09.24.18 re: Plaintiffs opposition or response and the date by which Defendants shall file their reply briefs is extended to 10.09.18 - filed by International Business Machines Corporation. (Farnan, Kelly)
August 28, 2018 Opinion or Order ORAL ORDER: IT IS HEREBY ORDERED that the parties shall meet and confer and discuss, in person and/or by telephone, each of the matters listed on Chief Judge Stark's Case Management Checklist ("Checklist"). Within thirty (30) days from the date of this Order, the parties shall jointly file the following: (i) a copy of the "Checklist" indicating the names of Lead Counsel and Delaware Counsel for each party; (ii) a proposed Scheduling Order (consistent with the Chief Judge Stark's Revised Patent Form Scheduling Order); and (iii) a letter, not to exceed three pages, that contains the following: (a) a description of what this case is about; (b) the parties' positions regarding the disputes in the proposed Scheduling Order, and (c) a list of the three most significant topics (other than Scheduling Order disputes) discussed during the parties' review of the Checklist items, along with a brief description as to what was discussed as to those topics. Thereafter, the Court will schedule a Case Management Conference/Rule 16 Scheduling Conference to be held with Judge Stark and/or Judge Burke. The Checklist and Revised Patent Form Scheduling Order can be found on this Court's website (www.ded.uscourts.gov/judge/chief-judge-leonard-p-stark). Ordered by Judge Christopher J. Burke on 8/28/2018. (dlb)
August 28, 2018 MOTIONS REFERRED: #34 MOTION to Dismiss for Failure to State a Claim , and #31 MOTION to Dismiss Based upon Improper Venue and Failure to State a Claim Motions referred to Christopher J. Burke.(dlb)
August 27, 2018 Filing 36 DECLARATION re #34 MOTION to Dismiss for Failure to State a Claim Declaration of Francis DiGiovanni by Homeaway.com, Inc.. (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)(DiGiovanni, Francis)
August 27, 2018 Filing 35 OPENING BRIEF in Support re #34 MOTION to Dismiss for Failure to State a Claim filed by Homeaway.com, Inc..Answering Brief/Response due date per Local Rules is 9/10/2018. (DiGiovanni, Francis)
August 27, 2018 Filing 34 MOTION to Dismiss for Failure to State a Claim - filed by Homeaway.com, Inc.. (DiGiovanni, Francis)
August 27, 2018 Filing 33 DECLARATION re #31 MOTION to Dismiss Based upon Improper Venue and Failure to State a Claim Declaration of Michael Marron by Expedia, Inc., Hotels.com L.P., Hotwire, Inc., Orbitz Worldwide, Inc., Orbitz, LLC, Travelscape LLC. (DiGiovanni, Francis)
August 27, 2018 Filing 32 OPENING BRIEF in Support re #31 MOTION to Dismiss Based upon Improper Venue and Failure to State a Claim filed by Expedia, Inc., Hotels.com L.P., Hotwire, Inc., Orbitz Worldwide, Inc., Orbitz, LLC, Travelscape LLC.Answering Brief/Response due date per Local Rules is 9/10/2018. (Attachment(s): #1 Exhibit A) (DiGiovanni, Francis)
August 27, 2018 Filing 31 MOTION to Dismiss Based upon Improper Venue and Failure to State a Claim - filed by Expedia, Inc., Hotels.com L.P., Hotwire, Inc., Orbitz Worldwide, Inc., Orbitz, LLC, Travelscape LLC. (DiGiovanni, Francis)
August 23, 2018 Filing 30 Letter to the Honorable Christopher J. Burke from Francis DiGiovanni regarding the effect of filing of the Amended Complaint on Motions to Dismiss - re Oral Order,. (DiGiovanni, Francis)
August 16, 2018 Opinion or Order ORAL ORDER: By no later than August 24, 2018, Defendants shall file a joint one-page letter advising the Court whether one or both of the Motions to Dismiss, (D.I. #20 ; D.I. #23 ), are moot in light of the filing of Plaintiff's First Amended Complaint. Ordered by Judge Christopher J. Burke on 8/16/2018. (mlc)
August 15, 2018 Pro Hac Vice Attorney Joseph D. Gray and David B. Weaver for Expedia, Inc. and Expedia, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (ceg)
August 6, 2018 Pro Hac Vice Attorney Christopher V. Ryan for Expedia, Inc., Homeaway.com, Inc., Hotels.com L.P., Hotwire, Inc., Orbitz Worldwide, Inc., Orbitz, LLC, Travelscape 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)
August 3, 2018 Opinion or Order SO ORDERED, re #19 MOTION for Pro Hac Vice Appearance of Attorney David B. Weaver, Christopher V. Ryan, Joseph Gray filed by Hotwire, Inc., Homeaway.com, Inc., Expedia, Inc., Orbitz Worldwide, Inc., Orbitz, LLC, Hotels.com L.P., Travelscape LLC. Ordered by Judge Christopher J. Burke on 8/3/2018. (jcs)
July 25, 2018 Opinion or Order SO ORDERED D.I. #29 STIPULATION TO EXTEND TIME to Move, Answer, or Otherwise Respond to the Amended Complaint to August 27, 2018 filed by Hotwire, Inc., Homeaway.com, Inc., Expedia, Inc., Orbitz Worldwide, Inc., Orbitz, LLC, Hotels.com L.P. Ordered by Judge Christopher J. Burke on 7/25/2018. (dlb)
July 24, 2018 Filing 29 STIPULATION TO EXTEND TIME to Move, Answer, or Otherwise Respond to the Amended Complaint to August 27, 2018 - filed by Expedia, Inc., Homeaway.com, Inc., Hotels.com L.P., Hotwire, Inc., Orbitz Worldwide, Inc., Orbitz, LLC. (DiGiovanni, Francis)
July 12, 2018 Filing 28 Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 5,796,967 ;7,072,849 ;5,961,601 ;7,631,346 ;6,374,359 (added by 7-12-2018 Amended Complaint) . (Farnan, Kelly)
July 12, 2018 Filing 27 AMENDED COMPLAINT for Patent Infringement against All Defendants - filed by International Business Machines Corporation. (Attachments: #1 Exhibit A-M)(Farnan, Kelly)
June 8, 2018 Opinion or Order SO ORDERED D.I. #26 STIPULATION TO EXTEND TIME that the date by which International Business Machines Corporation shall oppose or otherwise respond to Homeaway.com Inc.'s Motion to Dismiss (D.I. 20) and Expedia Group, Inc., Expedia, Inc., Hotels.com LP, Hotwire, Inc filed by International Business Machines Corporation. Ordered by Judge Christopher J. Burke on 6/8/2018. (dlb)
June 4, 2018 Filing 26 STIPULATION TO EXTEND TIME that the date by which International Business Machines Corporation shall oppose or otherwise respond to Homeaway.com Inc.'s Motion to Dismiss (D.I. 20) and Expedia Group, Inc., Expedia, Inc., Hotels.com LP, Hotwire, Inc., Orbitz Worldwide, Inc., Orbitz LLC, and Travelscape LLC's Motion to Dismiss (D.I. 23) to July 12, 2018 - filed by International Business Machines Corporation. (Farnan, Kelly)
May 29, 2018 MOTION REFERRED: #23 MOTION to Dismiss Based upon Fed. R. Civ. P. 12(b)(3) and 12(b)(6), #20 MOTION to Dismiss Based upon Fed. R. Civ. P. 12(b)(6) Motion referred to Christopher J. Burke.(dlb)
May 29, 2018 Filing 25 DECLARATION re #23 MOTION to Dismiss Based upon Fed. R. Civ. P. 12(b)(3) and 12(b)(6) Declaration of Michael Marron by Expedia, Inc., Hotels.com L.P., Hotwire, Inc., Orbitz Worldwide, Inc., Orbitz, LLC, Travelscape LLC. (DiGiovanni, Francis)
May 29, 2018 Filing 24 OPENING BRIEF in Support re #23 MOTION to Dismiss Based upon Fed. R. Civ. P. 12(b)(3) and 12(b)(6) filed by Expedia, Inc., Hotels.com L.P., Hotwire, Inc., Orbitz Worldwide, Inc., Orbitz, LLC, Travelscape LLC.Answering Brief/Response due date per Local Rules is 6/12/2018. (DiGiovanni, Francis)
May 29, 2018 Filing 23 MOTION to Dismiss Based upon Fed. R. Civ. P. 12(b)(3) and 12(b)(6) - filed by Expedia, Inc., Hotels.com L.P., Hotwire, Inc., Orbitz Worldwide, Inc., Orbitz, LLC, Travelscape LLC. (DiGiovanni, Francis)
May 29, 2018 Filing 22 DECLARATION re #21 Opening Brief in Support of Motion to Dismiss by Homeaway.com, Inc.. (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)(DiGiovanni, Francis)
May 29, 2018 Filing 21 OPENING BRIEF in Support re #20 MOTION to Dismiss Based upon Fed. R. Civ. P. 12(b)(6) filed by Homeaway.com, Inc..Answering Brief/Response due date per Local Rules is 6/12/2018. (DiGiovanni, Francis)
May 29, 2018 Filing 20 MOTION to Dismiss Based upon Fed. R. Civ. P. 12(b)(6) - filed by Homeaway.com, Inc.. (DiGiovanni, Francis)
May 29, 2018 Filing 19 MOTION for Pro Hac Vice Appearance of Attorney David B. Weaver, Christopher V. Ryan, Joseph Gray - filed by Expedia, Inc., Homeaway.com, Inc., Hotels.com L.P., Hotwire, Inc., Orbitz Worldwide, Inc., Orbitz, LLC, Travelscape LLC. (DiGiovanni, Francis)
May 29, 2018 Filing 18 Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Liberty Expedia Holdings, Inc. for Expedia, Inc., Expedia, Inc., Homeaway.com, Inc., Hotels.com L.P., Hotwire, Inc., Orbitz Worldwide, Inc., Orbitz, LLC, Travelscape LLC filed by Expedia, Inc., Homeaway.com, Inc., Hotels.com L.P., Hotwire, Inc., Orbitz Worldwide, Inc., Orbitz, LLC, Travelscape LLC. (DiGiovanni, Francis)
May 29, 2018 Filing 17 NOTICE of Appearance by Thatcher A. Rahmeier on behalf of Expedia, Inc., Homeaway.com, Inc., Hotels.com L.P., Hotwire, Inc., Orbitz Worldwide, Inc., Orbitz, LLC, Travelscape LLC (Rahmeier, Thatcher)
May 29, 2018 Filing 16 NOTICE of Appearance by Francis DiGiovanni on behalf of Expedia, Inc., Homeaway.com, Inc., Hotels.com L.P., Hotwire, Inc., Orbitz Worldwide, Inc., Orbitz, LLC, Travelscape LLC (DiGiovanni, Francis)
May 4, 2018 Pro Hac Vice Attorney John M. Desmarais,Karim Z. Oussayef,Brian D. Matty,Michael J.X. Matulewicz-Crowley,Robert C. Harrits,Laurie N. Stempler for International Business Machines Corporation added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (crb)
May 1, 2018 Opinion or Order SO ORDERED D.I. #12 MOTION for Pro Hac Vice Appearance of Attorney John M. Desmarais, Karim Z. Oussayef, Laurie Stempler, Brian D. Matty, Robert C. Harrits and Michael J.X. Matulewicz-Crowley of Desmarais LLP filed by International Business Machines Corporation. Ordered by Judge Christopher J. Burke on 5/1/2018. (dlb)
April 19, 2018 Filing 15 NOTICE of Appearance by Sara M. Metzler on behalf of International Business Machines Corporation (Metzler, Sara)
April 11, 2018 Opinion or Order SO ORDERED D.I. e #14 Stipulation, filed by Hotwire, Inc., Homeaway.com, Inc., Expedia, Inc., Orbitz Worldwide, Inc., Orbitz, LLC, Hotels.com L.P., Travelscape LLC. Ordered by Judge Christopher J. Burke on 4/11/2018. (dlb)
April 10, 2018 Filing 14 Joint STIPULATION extending time for Defendants to move, answer, or respond to Complaint to May 29, 2018 by Expedia, Inc., Homeaway.com, Inc., Hotels.com L.P., Hotwire, Inc., Orbitz Worldwide, Inc., Orbitz, LLC, Travelscape LLC. (DiGiovanni, Francis)
March 29, 2018 Filing 13 AFFIDAVIT of Service for summons and complaint served on Defendants Expedia, Inc., Hotels.com, and Travelscape LLC on March 22, 2018, filed by International Business Machines Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Farnan, Kelly)
March 29, 2018 Filing 12 MOTION for Pro Hac Vice Appearance of Attorney John M. Desmarais, Karim Z. Oussayef, Laurie Stempler, Brian D. Matty, Robert C. Harrits and Michael J.X. Matulewicz-Crowley of Desmarais LLP - filed by International Business Machines Corporation. (Farnan, Kelly)
March 26, 2018 Filing 11 SUMMONS Returned Executed by International Business Machines Corporation. Orbitz Worldwide, Inc. served on 3/23/2018, answer due 4/13/2018. (Farnan, Kelly)
March 26, 2018 Filing 10 SUMMONS Returned Executed by International Business Machines Corporation. Hotwire, Inc. served on 3/23/2018, answer due 4/13/2018. (Farnan, Kelly)
March 26, 2018 Filing 9 SUMMONS Returned Executed by International Business Machines Corporation. Expedia, Inc. served on 3/23/2018, answer due 4/13/2018. (Farnan, Kelly)
March 26, 2018 Filing 8 SUMMONS Returned Executed by International Business Machines Corporation. Orbitz, LLC served on 3/23/2018, answer due 4/13/2018. (Farnan, Kelly)
March 26, 2018 Filing 7 SUMMONS Returned Executed by International Business Machines Corporation. Homeaway.com, Inc. served on 3/23/2018, answer due 4/13/2018. (Farnan, Kelly)
March 22, 2018 Summons Issued with Magistrate Consent Notice attached as to Expedia, Inc. on 3/22/2018; Homeaway.com, Inc. on 3/22/2018; Hotels.com L.P. on 3/22/2018; Hotwire, Inc. on 3/22/2018; Orbitz Worldwide, Inc. on 3/22/2018; Orbitz, LLC on 3/22/2018; Travelscape LLC on 3/22/2018. (sar)
January 10, 2018 Opinion or Order SO ORDERED D.I. #6 Proposed Procedures Order filed by International Business Machines Corporation. Ordered by Judge Christopher J. Burke on 1/10/2018. (dlb)
January 9, 2018 Filing 6 PROPOSED ORDER re: Procedures Order re 5 Order Referring Case to Magistrate Judge,,, by International Business Machines Corporation. (Farnan, Kelly)
January 9, 2018 Opinion or Order Filing 5 ORAL REFERRAL ORDER: This case will be governed by Judge Stark's Revised Procedures for Managing Patent Cases (see www.ded.uscourts.gov). In accordance with the Revised Procedures, IT IS HEREBY ORDERED that: 1. any and all matters relating to scheduling, including entry of a Scheduling Order, are referred to Magistrate Judge Burke; 2. any and all motions to dismiss, stay, and/or transfer venue, relating to all or any part of the case, whenever such motions may be filed, are referred to Judge Burke for disposition or report and recommendation, to the full extent permitted by the Constitution, statute, and rule; and 3. within seven (7) days of the date of this Referral Order, the plaintiff(s) shall file the Procedures Order, which is found on Judge Stark's website (see www.ded.uscourts.gov). ORDERED by Judge Leonard P. Stark on 1/9/18. (ntl)
January 3, 2018 Case Assigned to Judge Leonard P. Stark. Please include the initials of the Judge (LPS) after the case number on all documents filed. (rjb)
January 2, 2018 No Summons Issued. (jcs)
December 29, 2017 Filing 4 Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by International Business Machines Corporation. (jcs)
December 29, 2017 Filing 3 Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 5,796,967; 7,072,849; 5,961,601; 7,631,346. (jcs)
December 29, 2017 Filing 2 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (jcs)
December 29, 2017 Filing 1 COMPLAINT FOR PATENT INFRIGNEMENT filed with Jury Demand against Expedia, Inc., Homeaway.com, Inc., Hotels.com L.P., Hotwire, Inc., Orbitz Worldwide, Inc., Orbitz, LLC, Travelscape LLC - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number 0311-2292460.) - filed by International Business Machines Corporation. (Attachments: #1 Exhibit A-L, #2 Civil Cover Sheet)(jcs)

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Search for this case: International Business Machines Corporation v. Expedia, Inc. et al
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Defendant: Expedia, Inc.
Represented By: Joseph D. Gray
Represented By: Thatcher A. Rahmeier
Represented By: David B. Weaver
Represented By: Christopher V. Ryan
Represented By: Francis DiGiovanni
Represented By: Mark Speegle
Represented By: Bailey Morgan Watkins
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Defendant: Hotels.com L.P.
Represented By: Thatcher A. Rahmeier
Represented By: Christopher V. Ryan
Represented By: Francis DiGiovanni
Represented By: Mark Speegle
Represented By: Bailey Morgan Watkins
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Defendant: Orbitz, LLC
Represented By: Thatcher A. Rahmeier
Represented By: Christopher V. Ryan
Represented By: Francis DiGiovanni
Represented By: Mark Speegle
Represented By: Bailey Morgan Watkins
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Defendant: Orbitz Worldwide, Inc.
Represented By: Thatcher A. Rahmeier
Represented By: Christopher V. Ryan
Represented By: Francis DiGiovanni
Represented By: Mark Speegle
Represented By: Bailey Morgan Watkins
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Defendant: Travelscape LLC
Represented By: Thatcher A. Rahmeier
Represented By: Christopher V. Ryan
Represented By: Francis DiGiovanni
Represented By: Mark Speegle
Represented By: Bailey Morgan Watkins
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Defendant: Hotwire, Inc.
Represented By: Thatcher A. Rahmeier
Represented By: Christopher V. Ryan
Represented By: Francis DiGiovanni
Represented By: Mark Speegle
Represented By: Bailey Morgan Watkins
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Defendant: Homeaway.com, Inc.
Represented By: Thatcher A. Rahmeier
Represented By: Christopher V. Ryan
Represented By: Francis DiGiovanni
Represented By: Mark Speegle
Represented By: Bailey Morgan Watkins
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Plaintiff: International Business Machines Corporation
Represented By: Kelly E. Farnan
Represented By: Robert C. Harrits
Represented By: Karim Z. Oussayef
Represented By: Alexandra E. Kochian
Represented By: Sara M. Metzler
Represented By: John M. Desmarais
Represented By: Laurie N. Stempler
Represented By: Brian D. Matty
Represented By: Michael J.X. Matulewicz-Crowley
Represented By: Jun Tong
Represented By: Renee Marie Mosley
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