Avigilon Corporation et al v. Axis Communications, Inc. et al
| Avigilon USA Corporation, Avigilon Corporation, Avigilon Patent Holding 1 Corporation and Avigilon Technologies Corporation |
| Axis Communications, Inc. and Axis Communications AB |
| 1:2018cv01063 |
| July 18, 2018 |
| US District Court for the District of Delaware |
| Wilmington Office |
| New Castle |
| Maryellen Noreika |
| Mary Pat Thynge |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 14, 2018. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 35 DECLARATION re #34 Answering Brief in Opposition (Declaration of Jessica L.A. Marks), by Axis Communications AB, Axis Communications, Inc.. (Attachments: #1 Exhibit 1 and 2)(Balick, Steven) |
| Filing 34 [SEALED] ANSWERING BRIEF in Opposition re #9 MOTION for Preliminary Injunction filed by Axis Communications AB, Axis Communications, Inc..Reply Brief due date per Local Rules is 9/21/2018. (Balick, Steven) |
| Filing 33 REDACTED VERSION of #30 Answering Brief in Opposition, by Avigilon Corporation, Avigilon Patent Holding 1 Corporation, Avigilon Technologies Corporation, Avigilon USA Corporation. (Pedi, Nicole) |
| Filing 32 DECLARATION of Jessica L.A. Marks re #31 Reply Brief by Axis Communications AB, Axis Communications, Inc.. (Attachments: #1 Exhibit 5 and 6)(Mayo, Andrew) Modified on 9/13/2018 (dlw). |
| Filing 31 [SEALED] REPLY BRIEF re #23 MOTION to Dismiss for Failure to State a Claim filed by Axis Communications AB, Axis Communications, Inc.. (Mayo, Andrew) |
| Filing 30 [SEALED] ANSWERING BRIEF in Opposition re #23 MOTION to Dismiss for Failure to State a Claim filed by Avigilon Corporation, Avigilon Patent Holding 1 Corporation, Avigilon Technologies Corporation, Avigilon USA Corporation.Reply Brief due date per Local Rules is 9/12/2018. (Cottrell, Frederick) |
| Filing 29 Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent AXIS Communications AB for Axis Communications, Inc.; Corporate Parent AXIS AB for Axis Communications AB filed by Axis Communications AB, Axis Communications, Inc.. (Mayo, Andrew) |
| Filing 28 REDACTED VERSION of #24 Opening Brief in Support, by Axis Communications AB, Axis Communications, Inc.. (Attachments: #1 Exhibit 1-4)(Mayo, Andrew) |
| Pro Hac Vice Attorney Gregory C. Gramenopoulos for Axis Communications AB, Axis Communications, 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. (crb) |
| Pro Hac Vice Attorney Jessica L.A. Marks for Axis Communications AB, Axis Communications, 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. (crb) |
Filing 27
ORDER - 1. The briefing schedule for Plaintiffs' motion for preliminary injunction (D.I. #9 ) will be as follows: Defendants' Answering Papers - September 14, 2018; Plaintiffs' Reply Papers - September 21, 2018; 2. The briefing schedule for Defendants' motion to dismiss (D.I. #23 ) will be governed by the Local Rules; and 3. A hearing on the motion for preliminary injunction (D.I. #9 ) and the motion to dismiss (D.I. #23 ) will be held on October 1, 2018 at 9:00 a.m. in Courtroom 4A. The hearing will be limited to three hours, with the time split evenly between Plaintiffs and Defendants. Signed by Judge Maryellen Noreika on 8/27/2018. (dlw)
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| Case Reassigned to Judge Maryellen Noreika. Please include the initials of the Judge (MN) after the case number on all documents filed. (rjb) |
| Filing 26 REDACTED VERSION of #21 Letter to The Honorable Chief Magistrate Judge Thynge from Frederick L. Cottrell, III regarding Hearing Schedule by Avigilon Corporation, Avigilon Patent Holding 1 Corporation, Avigilon Technologies Corporation, Avigilon USA Corporation. (Attachments: #1 Exhibit A)(Pedi, Nicole) Modified on 9/11/2018 (mdb). |
| Filing 25 Letter to The Honorable Mary Pat Thynge from Steven J. Balick regarding Defendants' Request that their Motion to Dismiss (D.I. 23) be Heard at the Same Time as Plaintiffs' Motion for a Preliminary Injunction (D.I. 9). (Balick, Steven) |
| Filing 24 [SEALED] OPENING BRIEF in Support re #23 MOTION to Dismiss for Failure to State a Claim filed by Axis Communications AB, Axis Communications, Inc..Answering Brief/Response due date per Local Rules is 9/5/2018. (Attachments: #1 Exhibit 1-4)(Balick, Steven) |
| Filing 23 MOTION to Dismiss for Failure to State a Claim - filed by Axis Communications AB, Axis Communications, Inc.. (Attachments: #1 Text of Proposed Order)Motions referred to Mary Pat Thynge.(Balick, Steven) |
| Filing 22 REDACTED VERSION of #17 Letter by Avigilon Corporation, Avigilon Patent Holding 1 Corporation, Avigilon Technologies Corporation, Avigilon USA Corporation. (Pedi, Nicole) |
| Filing 21 [SEALED] Letter to The Honorable Chief Magistrate Judge Thynge from Frederick L. Cottrell, III regarding Hearing Schedule. (Attachments: #1 Exhibit A)(Cottrell, Frederick) |
| Filing 20 STIPULATION regarding response to complaint and preliminary injunction briefing by Avigilon Corporation, Avigilon Patent Holding 1 Corporation, Avigilon Technologies Corporation, Avigilon USA Corporation. (Cottrell, Frederick) |
| Filing 19 MOTION for Pro Hac Vice Appearance of Attorney C. Gregory Gramenopoulos and Jessica L.A. Marks - filed by Axis Communications AB, Axis Communications, Inc.. Motions referred to Mary Pat Thynge.(Balick, Steven) |
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SO ORDERED, re #19 MOTION for Pro Hac Vice Appearance of Attorney C. Gregory Gramenopoulos and Jessica L.A. Marks filed by Axis Communications, Inc., Axis Communications AB. Signed by Judge Mary Pat Thynge on 8/13/2018. (fms)
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| Filing 18 NOTICE of Appearance by Steven J. Balick on behalf of Axis Communications AB, Axis Communications, Inc. (Balick, Steven) |
| Filing 17 [SEALED] Letter to The Honorable Richard G. Andrews from Frederick L. Cottrell, III regarding preliminary injunction schedule - re #9 MOTION for Preliminary Injunction . (Rawnsley, Jason) |
| Summons Reissued with Magistrate Consent Notice attached as to Axis Communications, Inc. (crb) |
| Filing 16 REDACTED VERSION of #11 Declaration, by Avigilon Corporation, Avigilon Patent Holding 1 Corporation, Avigilon Technologies Corporation, Avigilon USA Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H)(Pedi, Nicole) |
| Filing 15 REDACTED VERSION of #10 Opening Brief in Support, by Avigilon Corporation, Avigilon Patent Holding 1 Corporation, Avigilon Technologies Corporation, Avigilon USA Corporation. (Pedi, Nicole) |
| Filing 14 REDACTED VERSION of #9 MOTION for Preliminary Injunction by Avigilon Corporation, Avigilon Patent Holding 1 Corporation, Avigilon Technologies Corporation, Avigilon USA Corporation. (Attachments: #1 Text of Proposed Order)(Pedi, Nicole) |
| Pro Hac Vice Attorney Matthew L. Woods for Avigilon Corporation, Avigilon Patent Holding 1 Corporation, Avigilon Technologies Corporation, Avigilon USA 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) |
| Pro Hac Vice Attorney Bryan J. Mechell,Austin B. Miller,Peter N. Surdo for Avigilon Corporation, Avigilon Patent Holding 1 Corporation, Avigilon Technologies Corporation, Avigilon USA 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) |
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SO ORDERED, re #13 MOTION for Pro Hac Vice Appearance of Attorney Matthew L. Woods, Peter N. Surdo, Bryan J. Mechell and Austin B. Miller filed by Avigilon Patent Holding 1 Corporation, Avigilon Technologies Corporation, Avigilon Corporation, Avigilon USA Corporation. Signed by Judge Mary Pat Thynge on 8/2/2018. (fms)
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| Filing 13 MOTION for Pro Hac Vice Appearance of Attorney Matthew L. Woods, Peter N. Surdo, Bryan J. Mechell and Austin B. Miller - filed by Avigilon Corporation, Avigilon Patent Holding 1 Corporation, Avigilon Technologies Corporation, Avigilon USA Corporation. Motions referred to Mary Pat Thynge.(Cottrell, Frederick) |
| Filing 12 Postal Receipt(s) for the mailing of process to Axis Communications AB (jcs) |
| Filing 11 [SEALED] DECLARATION of Jason J. Rawnsley re #9 MOTION for Preliminary Injunction by Avigilon Corporation, Avigilon Patent Holding 1 Corporation, Avigilon Technologies Corporation, Avigilon USA Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H)(Cottrell, Frederick) Modified on 8/24/2018 (mdb). |
| Filing 10 [SEALED] OPENING BRIEF in Support re #9 MOTION for Preliminary Injunction filed by Avigilon Corporation, Avigilon Patent Holding 1 Corporation, Avigilon Technologies Corporation, Avigilon USA Corporation.Answering Brief/Response due date per Local Rules is 8/13/2018. (Cottrell, Frederick) |
| Filing 9 [SEALED] MOTION for Preliminary Injunction - filed by Avigilon Corporation, Avigilon Patent Holding 1 Corporation, Avigilon Technologies Corporation, Avigilon USA Corporation. (Attachments: #1 Text of Proposed Order)Motions referred to Mary Pat Thynge.(Cottrell, Frederick) |
| ***NOTE: If the parties jointly consent to Chief Magistrate Judge Thynge's jurisdiction to conduct all proceedings in this case, then the Pretrial Conference and Trial will be presided over by Judge Thynge consistent with 28 U.S.C. 636. Otherwise, in accordance with the District Court's procedures for "Assignment of Cases to Visiting Judges" (issued May 26, 2017 and available on the District Court's website), upon the filing of a case-dispositive motion (e.g., a motion to dismiss, a motion for judgment on the pleadings, a motion for summary judgment, or initiation of the claim construction process in a patent case), VAC cases will be reassigned to a visiting District Judge, and any further dates in the Scheduling Order, including the Pretrial Conference and Trial dates, may be adjusted dependent on the availability of the visiting District Judge. (fms) |
| CORRECTING ENTRY: The 7/26/2018 Case referred for mediation entry was entered on the docket in error and has been removed. (fms) |
| Filing 8 REDACTED VERSION of #2 Complaint, by Avigilon Corporation, Avigilon Patent Holding 1 Corporation, Avigilon Technologies Corporation, Avigilon USA Corporation. (Pedi, Nicole) |
| Filing 7 AFFIDAVIT of Nicole K. Pedi re #6 Praecipe filed by Avigilon Corporation, Avigilon Patent Holding 1 Corporation, Avigilon Technologies Corporation, Avigilon USA Corporation. (Pedi, Nicole) |
| Filing 6 PRAECIPE filed by Nicole Kathleen Pedi on behalf of All Plaintiffs requesting Clerk to issue service of process upon Defendant Axis Communications AB (Pedi, Nicole) Modified on 8/24/2018 (mdb). |
| CASE REFERRED to Magistrate Judge Mary Pat Thynge. (This matter has been assigned to the Vacant Judgeship and referred to a Magistrate Judge for handling through case-dispositive motions. The Magistrate Judge has full authority permitted by law to manage this matter, including entering schedules through trial, deciding non-dispositive matters and making recommendations as to the resolution of dispositive matters. Litigants and counsel are reminded that they have the option of consenting to the Magistrate Judge to handle the case in full, including trial, or consenting to having a particular motion resolved by the Magistrate Judge.) (rjb) |
| Case Assigned to Vacant Judgeship (2017). Please include initials of VAC after the case number on all documents filed. (rjb) |
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Filing 5
ORDER granting #1 Motion for Leave to File Complaint, Forthcoming Motion for Preliminary Injunction, and Related Documents Under Seal. The Clerk is directed to keep under seal the Complaint and any documents subsequently filed under seal and identified as confidential until further order of the Court. Signed by Judge Leonard P. Stark on 7/19/2018. (ceg)
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| Remark: Case submitted for routine judicial assignment. (ceg) |
| Filing 4 Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Motorola Solutions, Inc. for Avigilon Corporation; Corporate Parent Avigilon Corporation for Avigilon Technologies Corporation; Corporate Parent Avigilon Technologies Corporation for Avigilon Patent Holding 1 Corporation; Corporate Parent AVO USA Holding 1 Corporation for Avigilon USA Corporation filed by Avigilon Corporation, Avigilon Patent Holding 1 Corporation, Avigilon Technologies Corporation, Avigilon USA Corporation. (ceg) |
| Filing 3 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (ceg) |
| Filing 2 [SEALED] COMPLAINT filed with Jury Demand against Axis Communications AB, Axis Communications, Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number 030052.) - filed by Avigilon Technologies Corporation, Avigilon Corporation, Avigilon Patent Holding 1 Corporation, Avigilon USA Corporation. (Attachments: #1 Exhibit A, #2 Civil Cover Sheet)(ceg) |
| Filing 1 MOTION for Leave to File Complaint, Forthcoming Motion for Preliminary Injunction, and Related Documents Under Seal - filed by Avigilon Corporation, Avigilon Patent Holding 1 Corporation, Avigilon Technologies Corporation, Avigilon USA Corporation. (Attachments: #1 Text of Proposed Order)(ceg) |
| Summons Issued with Magistrate Consent Notice attached as to Axis Communications AB on 7/18/2018; Axis Communications, Inc. on 7/18/2018. (ceg) |
| Remark: Exit Copies to Duty Judge (LPS) (ceg) |
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