Blue Spike LLC v. SoundCloud Limited
Plaintiff: Blue Spike, LLC
Defendant: SoundCloud Limited
Case Number: 1:2018cv01402
Filed: September 10, 2018
Court: US District Court for the District of Delaware
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 October 23, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 23, 2018 Filing 39 PROPOSED ORDER Procedures Order by Blue Spike, LLC. (Devlin, Timothy)
October 23, 2018 Opinion or Order SO ORDERED D.I. (36 in 1:18-cv-01427-LPS-CJB, 30 in 1:18-cv-01512-LPS-CJB, 55 in 1:18-cv-01406-LPS-CJB, 39 in 1:18-cv-01402-LPS-CJB) Proposed Procedures Order filed by Blue Spike, LLC. Ordered by Judge Christopher J. Burke on 10/23/2018. Associated Cases: 1:18-cv-01402-LPS-CJB, 1:18-cv-01406-LPS-CJB, 1:18-cv-01427-LPS-CJB, 1:18-cv-01512-LPS-CJB(dlb)
October 23, 2018 Opinion or Order SO ORDERED D.I. #38 STIPULATION TO EXTEND TIME for defendant to respond to Amended Complaint to November 26, 2018 filed by SoundCloud Limited. Ordered by Judge Christopher J. Burke on 10/23/2018. (dlb)
October 22, 2018 Filing 38 STIPULATION TO EXTEND TIME for defendant to respond to Amended Complaint to November 26, 2018 - filed by SoundCloud Limited. (Blumenfeld, Jack)
October 16, 2018 Opinion or Order Filing 37 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 10/16/18. Associated Cases: 1:18-cv-01402-LPS, 1:18-cv-01406-LPS, 1:18-cv-01427-LPS, 1:18-cv-01512-LPS (ntl)
October 12, 2018 Filing 36 First AMENDED COMPLAINT against SoundCloud Limited- filed by Blue Spike, LLC. (Attachments: #1 Exhibit A to F, #2 Exhibit 1 to 13)(Devlin, Timothy)
October 11, 2018 Opinion or Order SO ORDERED, re #35 STIPULATION TO EXTEND TIME to file amended complaint to October 12, 2018 filed by Blue Spike, LLC. Signed by Judge Leonard P. Stark on 10/11/2018. (etg)
October 10, 2018 Filing 35 STIPULATION TO EXTEND TIME to file amended complaint to October 12, 2018 - filed by Blue Spike, LLC. (Devlin, Timothy)
October 10, 2018 Filing 34 Joint STATUS REPORT by Blue Spike, LLC. (Devlin, Timothy)
October 3, 2018 Opinion or Order Filing 33 ORAL ORDER: IT IS HEREBY ORDERED that counsel shall provide the Court with a joint status report on or before October 10, 2018. ORDERED by Judge Leonard P. Stark on 10/3/18. (ntl)
October 3, 2018 Opinion or Order SO ORDERED, re #30 MOTION for Pro Hac Vice Appearance of Attorney Benjamin Hershkowitz, R. Scott Roe, Jason Lo and Nathan Fonda of GIBSON, DUNN & CRUTCHER LLP filed by SoundCloud Limited. Signed by Judge Leonard P. Stark on 10/3/18. (ntl)
September 26, 2018 Filing 32 NOTICE of Appearance by Timothy Devlin on behalf of Blue Spike, LLC (Devlin, Timothy)
September 26, 2018 Filing 31 NOTICE of Appearance by James Michael Lennon on behalf of Blue Spike, LLC (Lennon, James)
September 26, 2018 Case Reassigned to Judge Leonard P. Stark. Please include the initials of the Judge (LPS) after the case number on all documents filed. (nms)
September 25, 2018 Filing 30 MOTION for Pro Hac Vice Appearance of Attorney Benjamin Hershkowitz, R. Scott Roe, Jason Lo and Nathan Fonda of GIBSON, DUNN & CRUTCHER LLP - filed by SoundCloud Limited. (Blumenfeld, Jack)
September 24, 2018 Filing 29 NOTICE of Appearance by Jack B. Blumenfeld on behalf of SoundCloud Limited (Blumenfeld, Jack)
September 12, 2018 Case Assigned to Judge Maryellen Noreika. Please include the initials of the Judge (MN) after the case number on all documents filed. (rjb)
September 11, 2018 Filing 28 Local Counsel Letter sent. Notice of Compliance deadline set for 10/11/2018. (rwc)
September 11, 2018 Filing 27 Record of case transferred in from District of California Central; Case Number in Other District: 2:18-cv-05391. Copy of Docket Sheet and original file
September 7, 2018 Opinion or Order Filing 26 ORDER RE STIPULATION TO TRANSFER VENUE AND STAY ALL DEADLINES by Judge John A. Kronstadt, re Stipulation to Transfer Case #25 , The Court finds that the Motion should be GRANTED IN PART. It is therefore ORDERED that this case is transferred to the District of Delaware. (Made JS-6. Case Terminated.) (bp) [Transferred from California Central on 9/11/2018.]
September 6, 2018 Filing 25 Joint STIPULATION to Transfer Case to U.S. District Court District of Delaware filed by Plaintiff Blue Spike LLC. (Attachments: #1 Proposed Order)(Craft, Jeffrey) [Transferred from California Central on 9/11/2018.]
August 31, 2018 Opinion or Order Filing 24 ORDER ON REQUEST FOR APPROVAL OF SUBSTITUTION OR WITHDRAWAL OF ATTORNEY (DKT. 22, 23) by Judge John A. Kronstadt: The Court hereby orders that the request of: Blue Spike, LLC, Plaintiff to substitute Jeffrey Francis Craft of Devline Law Firm LLC, as attorney of record instead of Randall T. Garteiser and Christoper A. Honea of Garteiser Honea, PLLC, Granting [] Request to Substitute Attorney. Added attorney Jeffrey Francis Craft for Blue Spike LLC. Attorney Randall T Garteiser and Christopher A Honea terminated; granting [] Request to Substitute Attorney. Added attorney Jeffrey Francis Craft for Blue Spike LLC. Attorney Randall T Garteiser and Christopher A Honea terminated (bp) [Transferred from California Central on 9/11/2018.]
August 29, 2018 Filing 23 REQUEST TO SUBSTITUTE ATTORNEY Jeffrey Francis Craft in place of attorney Christopher A Honea filed by plaintiff Blue Spike LLC. (Attachments: #1 Proposed Order) (Garteiser, Randall) [Transferred from California Central on 9/11/2018.]
August 29, 2018 Filing 22 REQUEST TO SUBSTITUTE ATTORNEY Jeffrey Francis Craft in place of attorney Randall T Garteiser filed by plaintiff Blue Spike LLC. (Attachments: #1 Proposed Order) (Garteiser, Randall) [Transferred from California Central on 9/11/2018.]
August 29, 2018 Filing 21 NOTICE OF LIEN filed by Lien Holder Garteiser Honea. (Garteiser, Randall) [Transferred from California Central on 9/11/2018.]
August 21, 2018 Filing 20 Notice of Appearance or Withdrawal of Counsel: for attorney Jeffrey Francis Craft counsel for Plaintiff Blue Spike LLC. Adding Jeffrey Francis Craft as counsel of record for Blue Spike, LLC for the reason indicated in the G-123 Notice. Filed by plaintiff Blue Spike, LLC. (Attorney Jeffrey Francis Craft added to party Blue Spike LLC(pty:pla))(Craft, Jeffrey) [Transferred from California Central on 9/11/2018.]
August 20, 2018 Opinion or Order Filing 19 ORDER SETTING RULE 16(b)/26(f) SCHEDULING CONFERENCE by Judge John A. Kronstadt. Scheduling Conference set for November 5, 2018 at 8:30 am; Joint Report Due: October 26, 2018. (lom) [Transferred from California Central on 9/11/2018.]
August 17, 2018 Filing 18 CERTIFICATION and NOTICE of Interested Parties filed by Defendant SoundCloud Limited, identifying SoundCloud Holdings LLC. (Lo, Jason) [Transferred from California Central on 9/11/2018.]
August 17, 2018 Filing 17 CORPORATE DISCLOSURE STATEMENT filed by Counter Claimant SoundCloud Limited, Defendant SoundCloud Limited identifying SoundCloud Holdings LLC as Corporate Parent. (Lo, Jason) [Transferred from California Central on 9/11/2018.]
August 17, 2018 Filing 16 ANSWER to Complaint (Attorney Civil Case Opening), #1 with JURY DEMAND, COUNTERCLAIM against Blue Spike LLC filed by Defendant SoundCloud Limited.(Lo, Jason) [Transferred from California Central on 9/11/2018.]
July 16, 2018 Filing 15 STIPULATION Extending Time to Answer the complaint as to SoundCloud Limited answer now due 8/17/2018, re Complaint (Attorney Civil Case Opening), #1 filed by Defendant SoundCloud Limited.(Lo, Jason) [Transferred from California Central on 9/11/2018.]
July 12, 2018 Filing 14 Notice of Appearance or Withdrawal of Counsel: for attorney Jason C Lo counsel for Defendant SoundCloud Limited. Adding Jason C. Lo as counsel of record for SoundCloud Limited for the reason indicated in the G-123 Notice. Filed by Defendant SoundCloud Limited. (Attorney Jason C Lo added to party SoundCloud Limited(pty:dft))(Lo, Jason) [Transferred from California Central on 9/11/2018.]
July 5, 2018 Filing 13 STANDING ORDER FOR CIVIL CASES ASSIGNED TO JUDGE JOHN A. KRONSTADT (SEE ORDER FOR SPECIFICS) (bp) [Transferred from California Central on 9/11/2018.]
July 5, 2018 Opinion or Order Filing 12 (IN CHAMBERS) ORDER REGARDING TRANSFER OF CASE TO JUDGE JOHN A. KRONSTADT by Judge John A. Kronstadt: This action has been reassigned to the Honorable John A. Kronstadt, United States District Judge. The case number will now read: LA CV18-05391 JAK (JPRx). Because all pleadings are routed using the judge's initials, please be sure to use the initials JAK in place of the initials MWF on all future filings. Judge Kronstadt's Courtroom Deputy Clerk, Andrea Keifer, can be reached at 213.894.2156. #10 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ake) TEXT ONLY ENTRY [Transferred from California Central on 9/11/2018.]
July 3, 2018 Filing 11 PROOF OF SERVICE Executed by Plaintiff Blue Spike LLC, upon Defendant SoundCloud Limited served on 6/27/2018, answer due 7/18/2018. Service of the Summons and Complaint were executed upon Albert Damonte, Agent for Service at CT Corporation System in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity.Original Summons returned. (Garteiser, Randall) [Transferred from California Central on 9/11/2018.]
July 2, 2018 Opinion or Order Filing 10 ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 16-05-Related Case- filed. Related Case No: 2:18-cv-03970 JAK(JPRx). Case transferred from Judge Michael W. Fitzgerald and Magistrate Judge Alexander F. MacKinnon to Judge John A. Kronstadt and Magistrate Judge Jean P. Rosenbluth for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:18-cv-05391JAK(JPRx). Signed by Judge John A. Kronstadt (rn) [Transferred from California Central on 9/11/2018.]
June 18, 2018 Filing 9 21 DAY Summons issued re Complaint #1 as to defendant SoundCloud Limited. (esa) [Transferred from California Central on 9/11/2018.]
June 18, 2018 Filing 8 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (esa) [Transferred from California Central on 9/11/2018.]
June 18, 2018 Filing 7 NOTICE OF ASSIGNMENT to District Judge Michael W. Fitzgerald and Magistrate Judge Alexander F. MacKinnon. (esa) [Transferred from California Central on 9/11/2018.]
June 15, 2018 Filing 6 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by plaintiff Blue Spike LLC. (Garteiser, Randall) [Transferred from California Central on 9/11/2018.]
June 15, 2018 Filing 5 REPORT ON THE FILING OF AN ACTION Regarding a Patent or a Trademark (Initial Notification) filed by Blue Spike LLC. (Garteiser, Randall) [Transferred from California Central on 9/11/2018.]
June 15, 2018 Filing 4 CORPORATE DISCLOSURE STATEMENT filed by Plaintiff Blue Spike LLC (Garteiser, Randall) [Transferred from California Central on 9/11/2018.]
June 15, 2018 Filing 3 NOTICE of Interested Parties filed by plaintiff Blue Spike LLC. (Garteiser, Randall) [Transferred from California Central on 9/11/2018.]
June 15, 2018 Filing 2 CIVIL COVER SHEET filed by Plaintiff Blue Spike LLC. (Garteiser, Randall) [Transferred from California Central on 9/11/2018.]
June 15, 2018 Filing 1 COMPLAINT Receipt No: 0973-21938699 - Fee: $400, filed by plaintiff Blue Spike LLC. (Attachments: #1 Exhibit 1 - SoundCloud Listen to free music, #2 Exhibit 2 - US Patent 7159116, #3 Exhibit 3 - US Patent 8538011, #4 Exhibit 4 - US Patent 7813506, #5 Exhibit A - About SoundCloud and Contact Us, #6 Exhibit B - SoundCloud Promoted Content) (Attorney Randall T Garteiser added to party Blue Spike LLC(pty:pla))(Garteiser, Randall) [Transferred from California Central on 9/11/2018.]

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Plaintiff: Blue Spike, LLC
Represented By: Timothy Devlin
Represented By: James Michael Lennon
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Defendant: SoundCloud Limited
Represented By: Jack B. Blumenfeld
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