Diversified Observation LLC v. Brother International Corporation

Plaintiff: Diversified Observation LLC
Defendant: Brother International Corporation
Case Number: 1:2018cv00611
Filed: April 23, 2018
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: 35:271
Jury Demanded By: Plaintiff

Docket Report

This docket was last retrieved on September 12, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 12, 2019 Filing 40 STIPULATION TO EXTEND TIME for the parties to file a Stipulation of Dismissal or a Joint Status Report to October 16, 2019 - filed by Brother International Corporation. (O'Byrne, Stephanie)
August 1, 2019 Opinion or Order SO ORDERED, re #39 STIPULATION TO EXTEND TIME for the Parties to file a Joint Status Report or a Stipulation of Dismissal to September 13, 2019 filed by Brother International Corporation. Signed by Judge Leonard P. Stark on 8/1/19. (ntl)
July 30, 2019 Filing 39 STIPULATION TO EXTEND TIME for the Parties to file a Joint Status Report or a Stipulation of Dismissal to September 13, 2019 - filed by Brother International Corporation. (O'Byrne, Stephanie)
May 28, 2019 Opinion or Order SO ORDERED, re #38 Stipulation Staying Case filed by Brother International Corporation -- Case Stayed. Signed by Judge Leonard P. Stark on 5/28/19. (ntl)
May 23, 2019 Filing 38 STIPULATION Staying Case by Brother International Corporation. (O'Byrne, Stephanie)
May 6, 2019 Opinion or Order Filing 37 ORAL ORDER: The mediation teleconference scheduled for May 6, 2019 is cancelled. Counsel shall submit an ADR status letter to Judge Burke in 30 days. Ordered by Judge Christopher J. Burke on 5/6/2019. (dlb)
April 19, 2019 Filing 36 NOTICE OF SERVICE of Preliminary Infringement Contentions filed by Diversified Observation LLC.(Weinblatt, Richard)
April 10, 2019 Opinion or Order Filing 35 ORAL ORDER Resetting Mediation Conference: Due to a scheduling conflict, the teleconference set for 4/22/19 is cancelled. A Telephone Conference is set for 5/6/2019 at 11:30 AM before Judge Christopher J. Burke. Ordered by Judge Christopher J. Burke on 4/10/2019. (dlb)
March 15, 2019 Filing 34 NOTICE OF SERVICE of Defendants' Identification Core Technical Documents and Defendant's Sales Figures filed by Brother International Corporation.(O'Byrne, Stephanie)
March 12, 2019 Opinion or Order SO ORDERED, re #33 STIPULATION TO EXTEND TIME to produce core technical documents to March 13, 2019 filed by Brother International Corporation. Signed by Judge Leonard P. Stark on 3/11/19. (ntl)
March 8, 2019 Filing 33 STIPULATION TO EXTEND TIME to produce core technical documents to March 13, 2019 - filed by Brother International Corporation. (O'Byrne, Stephanie)
February 27, 2019 Filing 32 NOTICE OF SERVICE of Defendant's Response to First Set of Interrogatories (Nos. 1-12) Directed to Defendant and Defendant's Objections and Response to Plaintiff's First Set of Requests for Production of Documents and Things filed by Brother International Corporation.(O'Byrne, Stephanie)
February 25, 2019 Opinion or Order SO ORDERED, re #31 Stipulation for extension of time filed by Brother International Corporation. Signed by Judge Leonard P. Stark on 2/25/19. (ntl)
February 20, 2019 Filing 31 STIPULATION extending various deadlines by Brother International Corporation. (O'Byrne, Stephanie)
February 5, 2019 Opinion or Order ORAL ORDER: IT IS HEREBY ORDERED that this case is no longer referred to Magistrate Judge Burke for matters related to scheduling. After entry of this order, if a party files any motions to dismiss, stay, and/or transfer venue, relating to all or any part of the case, they shall notify Judge Burke in writing within 7 days of the filing. Judge Burke will not address any such motions until a Notice of Motion has been filed and copies of briefing have been provided to him. ORDERED by Judge Leonard P. Stark on 2/5/2019. (dlb)
January 28, 2019 Filing 30 NOTICE OF SERVICE of Plaintiff's First Set of Interrogatories (Nos. 1-12) Directed to Defendant and Plaintiff's First Set of Requests for Production of Documents and Things Directed to Defendant filed by Diversified Observation LLC.(Weinblatt, Richard)
January 24, 2019 Filing 29 NOTICE of Change of Address by Stamatios Stamoulis (Stamoulis, Stamatios)
January 15, 2019 Opinion or Order ORAL ORDER Setting Mediation Conference: A Mediation Conference is set for 4/22/2019 at 11:15 PM before Judge Christopher J. Burke. Counsel for Plaintiff shall initiate the call. Ordered by Judge Christopher J. Burke on 1/15/2019. (dlb)
January 14, 2019 Filing 28 NOTICE OF SERVICE of Initial Disclosures and Preliminary Identification of Accused Products filed by Diversified Observation LLC.(Stamoulis, Stamatios)
January 14, 2019 Filing 27 NOTICE OF SERVICE of Brother International Corporation's Initial Disclosures filed by Brother International Corporation.(O'Byrne, Stephanie)
January 14, 2019 Opinion or Order SO ORDERED D.I. #26 STIPULATION TO EXTEND TIME for the parties to make their initial disclosures pursuant to Federal Rule of Procedure 26(a)(1) and for Plaintiff to serve its identification of accused product(s) and to produce the file history for each asserted patent to filed by Brother International Corporation. Ordered by Judge Christopher J. Burke on 1/14/2019. (dlb)
January 9, 2019 Filing 26 STIPULATION TO EXTEND TIME for the parties to make their initial disclosures pursuant to Federal Rule of Procedure 26(a)(1) and for Plaintiff to serve its identification of accused product(s) and to produce the file history for each asserted patent to January 14, 2019 - filed by Brother International Corporation. (O'Byrne, Stephanie)
December 19, 2018 Opinion or Order SO ORDERED D.I. #25 STIPULATION TO EXTEND TIME of the deadline for initial disclosures to January 9, 2019 filed by Brother International Corporation. Ordered by Judge Christopher J. Burke on 12/19/2018. (dlb)
December 18, 2018 Filing 25 STIPULATION TO EXTEND TIME of the deadline for initial disclosures to January 9, 2019 - filed by Brother International Corporation. (O'Byrne, Stephanie)
December 11, 2018 Opinion or Order Filing 24 ORAL ORDER: IT IS HEREBY ORDERED that the scheduling order (D.I. 18) is AMENDED as follows: paragraph 20 is modified such that each side shall be limited to THREE (3), and NOT five (5), motions in limine, consistent with Judge Stark's standard procedures. ORDERED by Judge Leonard P. Stark on 12/11/18. (ntl)
November 30, 2018 Opinion or Order SO ORDERED D.I. #23 Proposed Protective Order filed by Diversified Observation LLC. Ordered by Judge Christopher J. Burke on 11/30/2018. (dlb)
November 29, 2018 Filing 23 PROPOSED ORDER Stipulated Protective Order by Diversified Observation LLC. (Weinblatt, Richard)
November 20, 2018 Opinion or Order SO ORDERED D.I. #22 MOTION for Pro Hac Vice Appearance of Attorney Michael J. Sebba of Cadwalader, Wickersham & Taft LLP filed by Brother International Corporation. Ordered by Judge Christopher J. Burke on 11/20/2018. (dlb)
November 20, 2018 Filing 22 MOTION for Pro Hac Vice Appearance of Attorney Michael J. Sebba of Cadwalader, Wickersham & Taft LLP - filed by Brother International Corporation. (O'Byrne, Stephanie)
November 19, 2018 Opinion or Order SO ORDERED D.I. #21 STIPULATION TO EXTEND TIME for submission of a Proposed Protective Order to November 29, 2018 filed by Brother International Corporation. Ordered by Judge Christopher J. Burke on 11/19/2018. (dlb)
November 19, 2018 Filing 21 STIPULATION TO EXTEND TIME for submission of a Proposed Protective Order to November 29, 2018 - filed by Brother International Corporation. (O'Byrne, Stephanie)
November 14, 2018 Opinion or Order SO ORDERED D.I. #20 STIPULATION TO EXTEND TIME for the parties to submit a Proposed Protective Order to November 20, 2018 filed by Brother International Corporation. Ordered by Judge Christopher J. Burke on 11/14/2018. (dlb)
November 13, 2018 Filing 20 STIPULATION TO EXTEND TIME for the parties to submit a Proposed Protective Order to November 20, 2018 - filed by Brother International Corporation. (O'Byrne, Stephanie)
November 2, 2018 Opinion or Order Filing 19 ORDER Setting Mediation Conference: A Telephone Conference is set for 12/3/2018 at 11:15 AM before Judge Christopher J. Burke. Signed by Judge Christopher J. Burke on 11/2/2018. (dlb)
November 2, 2018 Opinion or Order Filing 18 SCHEDULING ORDER: Case referred to the Magistrate Judge for the purpose of exploring ADR. Joinder of Parties due by 10/20/2019. Amended Pleadings due by 12/18/2019. Discovery due by 2/21/2020. Status Report due by 10/30/2019. Dispositive Motions due by 5/20/2020. A Motion Hearing is set for 7/7/2020 at 09:00 AM in Courtroom 6B before Judge Leonard P. Stark A Pretrial Conference is set for 10/30/2020 at 09:00 AM in Courtroom 6B before Judge Leonard P. Stark. A Jury Trial is set for 11/9/2020 at 09:30 AM in Courtroom 6B before Judge Leonard P. Stark. Signed by Judge Christopher J. Burke on 11/2/2018. (dlb)
November 1, 2018 Filing 17 PROPOSED ORDER Scheduling Order by Diversified Observation LLC. (Stamoulis, Stamatios)
October 29, 2018 Minute Entry for proceedings held before Judge Christopher J. Burke - Case Management/Scheduling Conference held on 10/29/2018. The Court provided key dates and ordered that counsel for Plaintiff submit a revised proposed schedule by close of business on 11/2/2018. (Clerk, D. Benyo) APPEARANCES: R. Weinblatt for Plaintiff; S. O'Byrne, J. Moehringer for Defendant. (Court Reporter Brian Gaffigan) (dlb)
October 9, 2018 Opinion or Order Order Setting Telephonic Case Management/Scheduling Conference: A Case Management/Scheduling Conference is set for 10/29/2018 at 02:00 PM before Judge Christopher J. Burke. Counsel for Plaintiff shall initiate the call. Ordered by Judge Christopher J. Burke on 10/9/2018. (dlb)
October 4, 2018 Filing 16 Letter to The Honorable Christopher J. Burke from Richard C. Weinblatt regarding Scheduling Order. (Attachments: #1 Checklist, #2 Proposed Scheduling Order)(Weinblatt, Richard)
September 27, 2018 Opinion or Order SO ORDERED D.I. #15 STIPULATION TO EXTEND TIME for the parties to submit a Checklist, a proposed Scheduling Order, and letter regarding the parties' issues and discussion of the Checklist items to October 4, 2018 filed by Brother International Corporation. Ordered by Judge Christopher J. Burke on 9/27/2018. (dlb)
September 26, 2018 Filing 15 STIPULATION TO EXTEND TIME for the parties to submit a Checklist, a proposed Scheduling Order, and letter regarding the parties' issues and discussion of the Checklist items to October 4, 2018 - filed by Brother International Corporation. (O'Byrne, Stephanie)
September 11, 2018 Opinion or Order SO ORDERED D.I. #14 STIPULATION TO EXTEND TIME for the parties to submit: (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 these cases are 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 to September 27, 2018 filed by Diversified Observation LLC. Ordered by Judge Christopher J. Burke on 9/11/2018. (dlb)
September 11, 2018 Filing 14 STIPULATION TO EXTEND TIME for the parties to submit: (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 these cases are 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 to September 27, 2018 - filed by Diversified Observation LLC. (Weinblatt, Richard)
September 6, 2018 Pro Hac Vice Attorney Danielle V. Tully,Michael B. Powell,John T. Moehringer for Brother International 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)
September 4, 2018 Filing 13 ANSWER to #12 Answer to Complaint, Counterclaim by Diversified Observation LLC.(Weinblatt, Richard)
August 13, 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 8/13/2018. (dlb)
August 13, 2018 Filing 12 ANSWER to #1 Complaint, with Jury Demand , Defenses and, COUNTERCLAIM against Diversified Observation LLC by Brother International Corporation.(O'Byrne, Stephanie)
July 20, 2018 Opinion or Order SO ORDERED D.I. #10 MOTION for Pro Hac Vice Appearance of Attorney John T. Moehringer, Michael V. Powell and Danielle Vincenti Tully of Cadwalader, Wickersham & Taft LLP filed by Brother International Corporation. Ordered by Judge Christopher J. Burke on 7/20/2018. (dlb)
July 16, 2018 Opinion or Order SO ORDERED D.I. #11 STIPULATION TO EXTEND TIME to answer, move or otherwise respond to the Complaint to August 13, 2018 filed by Brother International Corporation Ordered by Judge Christopher J. Burke on 7/16/2018. (dlb)
July 13, 2018 Filing 11 STIPULATION TO EXTEND TIME to answer, move or otherwise respond to the Complaint to August 13, 2018 - filed by Brother International Corporation. (Moore, David)
June 29, 2018 Filing 10 MOTION for Pro Hac Vice Appearance of Attorney John T. Moehringer, Michael V. Powell and Danielle Vincenti Tully of Cadwalader, Wickersham & Taft LLP - filed by Brother International Corporation. (O'Byrne, Stephanie)
June 19, 2018 Opinion or Order SO ORDERED D.I. #9 STIPULATION TO EXTEND TIME to answer, move or otherwise respond to the Complaint to July 13, 2018 filed by Brother International Corporation. Ordered by Judge Christopher J. Burke on 6/19/2018. (dlb)
June 12, 2018 Filing 9 STIPULATION TO EXTEND TIME to answer, move or otherwise respond to the Complaint to July 13, 2018 - filed by Brother International Corporation. (O'Byrne, Stephanie)
May 11, 2018 Opinion or Order SO ORDERED D.I. #8 STIPULATION TO EXTEND TIME to answer, move, or otherwise respond to the Complaint to June 13, 2018 filed by Brother International Corporation. Ordered by Judge Christopher J. Burke on 5/11/2018. (dlb)
May 11, 2018 Filing 8 STIPULATION TO EXTEND TIME to answer, move, or otherwise respond to the Complaint to June 13, 2018 - filed by Brother International Corporation. (Moore, David)
May 2, 2018 Opinion or Order SO ORDERED #7 Proposed Procedures Order filed by Diversified Observation LLC. Ordered by Judge Christopher J. Burke on 5/2/2018. (dlb)
May 1, 2018 Filing 7 PROPOSED ORDER Procedures Order by Diversified Observation LLC. (Weinblatt, Richard)
April 30, 2018 Opinion or Order Filing 6 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 4/30/18. (ntl)
April 25, 2018 Filing 5 SUMMONS Returned Executed by Diversified Observation LLC. Brother International Corporation served on 4/23/2018, answer due 5/14/2018. (Weinblatt, Richard)
April 25, 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)
April 23, 2018 Summons Issued with Magistrate Consent Notice attached as to Brother International Corporation on 4/23/2018. Requesting party or attorney should pick up issued summons at the Help Desk, Room 4209, or call 302-573-6170 and ask the Clerk to mail the summons to them. (nmg)
April 23, 2018 Filing 4 Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Diversified Observation LLC. (nmg)
April 23, 2018 Filing 3 Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) US 6,414,461 B1; US 6,522,432 B1. (nmg)
April 23, 2018 Filing 2 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (nmg)
April 23, 2018 Filing 1 COMPLAINT for PATENT INFRINGEMENT filed with Jury Demand against Brother International Corporation - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number 0311-2367217.) - filed by Diversified Observation LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Civil Cover Sheet)(nmg)

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Defendant: Brother International Corporation
Represented By: David Ellis Moore
Represented By: Stephanie E. O'Byrne
Represented By: John T. Moehringer
Represented By: Michael B. Powell
Represented By: Danielle V. Tully
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Plaintiff: Diversified Observation LLC
Represented By: Stamatios Stamoulis
Represented By: Richard Charles Weinblatt
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