Blue Spike, LLC v. Comcast Cable Communications, LLC
Blue Spike, LLC |
Comcast Cable Communications, LLC d/b/a Xfinity and Comcast Cable Communications Management LLC |
1:2018cv01406 |
September 11, 2018 |
US District Court for the District of Delaware |
Christopher J Burke |
Leonard P Stark |
Patent |
35 U.S.C. § 271 |
Plaintiff |
Docket Report
This docket was last retrieved on November 16, 2018. A more recent docket listing may be available from PACER.
Document Text |
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Filing 56 NOTICE of Voluntary Dismissal by Blue Spike, LLC as to Comcast Cable Communications, LLC (Devlin, Timothy) |
CASE CLOSED (ntl) |
Filing 55 PROPOSED ORDER Procedures Order by Blue Spike, LLC. (Devlin, Timothy) |
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) |
SO ORDERED, re #52 Notice of Dismissal Without Prejudice and Stipulation Regarding Case Caption. Signed by Judge Leonard P. Stark on 10/19/18. (ntl) |
Filing 54 Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Blue Spike, LLC. (Devlin, Timothy) |
Filing 53 STIPULATION TO EXTEND TIME to respond to the First Amended Complaint to November 23, 2018 - filed by Comcast Cable Communications, LLC d/b/a Xfinity. (Connolly, Arthur) |
Filing 52 STIPULATION of Dismissal Notice of Dismissal Without Prejudice and Stipulation Regarding Case Caption by Comcast Cable Communications, LLC d/b/a Xfinity. (Connolly, Arthur) |
SO ORDERED D.I. #53 STIPULATION TO EXTEND TIME to respond to the First Amended Complaint to November 23, 2018 filed by Comcast Cable Communications, LLC d/b/a Xfinity. Ordered by Judge Christopher J. Burke on 10/18/2018. (dlb) |
Filing 51 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) |
Pro Hac Vice Attorney Stephanie M. Papastephanou, Jeffrey W. Lesovitz, and Daniel J. Goettle for Comcast Cable Communications, LLC d/b/a Xfinity 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) |
Case Reassigned to Judge Leonard P. Stark. Please include the initials of the Judge (LPS) after the case number on all documents filed. Associated Cases: 1:18-cv-01406-LPS, 1:18-cv-01427-LPS, 1:18-cv-01512-LPS (rjb) |
Filing 50 First AMENDED COMPLAINT against Comcast Cable Communications Management LLC, Comcast Cable Communications, LLC d/b/a Xfinity- filed by Blue Spike, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U, #22 Exhibit V, #23 Exhibit W, #24 Exhibit X, #25 Exhibit Exhibits 1-23)(Devlin, Timothy) |
Filing 49 Letter to the Office of the Clerk from Timothy Devlin regarding reassignment of cases. (dlw) |
SO ORDERED re #48 MOTION for Pro Hac Vice Appearance of Attorney Daniel J. Goettle, Jeffrey W. Lesovitz and Stephanie M. Papastephanou filed by Comcast Cable Communications, LLC d/b/a Xfinity. ORDERED by Judge Maryellen Noreika on 10/5/2018. (dlw) |
Filing 48 MOTION for Pro Hac Vice Appearance of Attorney Daniel J. Goettle, Jeffrey W. Lesovitz and Stephanie M. Papastephanou - filed by Comcast Cable Communications, LLC d/b/a Xfinity. (Connolly, Arthur) |
Filing 47 NOTICE of Appearance by Mary I. Akhimien on behalf of Comcast Cable Communications, LLC d/b/a Xfinity (Akhimien, Mary) |
Filing 46 NOTICE of Appearance by Ryan Patrick Newell on behalf of Comcast Cable Communications, LLC d/b/a Xfinity (Newell, Ryan) |
Filing 45 NOTICE of Appearance by Arthur G. Connolly, III on behalf of Comcast Cable Communications, LLC d/b/a Xfinity (Connolly, Arthur) |
SO ORDERED re #44 MOTION for Extension of Time to File Amended Complaint to October 5, 2018. ORDERED by Judge Maryellen Noreika on 10/2/2018. (dlw) |
Filing 44 MOTION for Extension of Time to File Amended Complaint to October 5, 2018 - filed by Blue Spike, LLC. (Devlin, Timothy) Modified on 10/2/2018 (dlw). |
Filing 43 NOTICE of Appearance by Timothy Devlin on behalf of Blue Spike, LLC (Devlin, Timothy) |
Case Assigned to Judge Maryellen Noreika. Please include the initials of the Judge (MN) after the case number on all documents filed. (rjb) |
Filing 42 Local Counsel Letter sent. Notice of Compliance deadline set for 10/11/2018. (rwc) |
Filing 41 Record of case transferred in from District of Texas Eastern; Case Number in Other District: 6:18-cv-00181. Copy of Docket Sheet and original file |
Filing 40 ORDER granting #39 Joing Motion to Transfer to the District of Delaware and Stay All Deadlines. It is therefore ORDERED that this case is transferred to the District of Delaware. It is further ORDERED that all deadlines in this matter including without limitation pursuant to any applicable local rules, motion practice, and any other deadlines are STAYED until October 10, 2018 or two days following transfer of this action to the District of Delaware, whichever is later. But in any event, Blue Spike shall file an amended complaint that will be no more expansive than the original complaint (Dkt. #1 ) by October 2, 2018. Signed by Magistrate Judge K. Nicole Mitchell on 9/11/2018. (rlf) [Transferred from Texas Eastern on 9/11/2018.] |
Filing 39 Joint MOTION To Transfer Venue and Stay All Deadlines by Blue Spike, LLC. (Attachments: #1 Text of Proposed Order)(Devlin, Timothy) [Transferred from Texas Eastern on 9/11/2018.] |
Filing 38 ORDER granting #37 Motion to Substitute Attorney. Attorney Randall T Garteiser terminated as counsel for Plaintiff. Signed by Magistrate Judge K. Nicole Mitchell on 9/4/2018. (rlf) [Transferred from Texas Eastern on 9/11/2018.] |
Filing 37 MOTION to Substitute Attorney Timothy Devlin of Devlin Law Firm LLC for Randall T. Garteiser of Garteiser Honea PLLC, by Blue Spike, LLC, Garteiser Honea. (Attachments: #1 Text of Proposed Order)(Garteiser, Randall) [Transferred from Texas Eastern on 9/11/2018.] |
Filing 36 ORDER granting #35 Motion for Extension of Time to File Response/Reply re #22 SEALED MOTION to Transfer Pursuant to 28 U.S.C. 1404(A); Responses due by 9/11/2018. Signed by Magistrate Judge K. Nicole Mitchell on 08/27/18. (mll, ) [Transferred from Texas Eastern on 9/11/2018.] |
Filing 35 Unopposed MOTION for Extension of Time to File Response/Reply Motion to Dismiss and Sealed Motion to Transfer by Blue Spike, LLC. (Attachments: #1 Text of Proposed Order)(Devlin, Timothy) [Transferred from Texas Eastern on 9/11/2018.] |
Filing 34 ***FILED IN ERROR PER ATTORNEY. PLEASE DISREGARD.*** MOTION for Extension of Time to File Response/Reply Motion to Dismiss and Sealed Motion to Transfer by Blue Spike, LLC. (Attachments: #1 Text of Proposed Order)(Devlin, Timothy) Modified on 8/24/2018 (rlf) [Transferred from Texas Eastern on 9/11/2018.] |
***FILED IN ERROR. ATTORNEY TO REFILE. Document #34 , Motion to Extend Deadline to Respond to Motion to Dismiss. PLEASE IGNORE.*** (rlf) [Transferred from Texas Eastern on 9/11/2018.] |
Filing 33 ORDER SETTING SCHEDULING CONFERENCE. Scheduling Conference set for 9/20/2018 09:30 AM in Ctrm 353 (Tyler) before Magistrate Judge K. Nicole Mitchell. Signed by Magistrate Judge K. Nicole Mitchell on 8/22/2018. (rlf) [Transferred from Texas Eastern on 9/11/2018.] |
Filing 32 NOTICE of Attorney Appearance by James M Lennon on behalf of Blue Spike, LLC (Lennon, James) [Transferred from Texas Eastern on 9/11/2018.] |
Filing 31 NOTICE of Readiness for Scheduling Conference by Blue Spike, LLC (Devlin, Timothy) [Transferred from Texas Eastern on 9/11/2018.] |
Filing 30 NOTICE of Attorney Appearance by Robert Dean Kiddie, Jr on behalf of Blue Spike, LLC (Kiddie, Robert) [Transferred from Texas Eastern on 9/11/2018.] |
Filing 29 ***FILED IN ERROR. INCORRECT CASE. PLEASE DISREGARD.***NOTICE of Attorney Appearance by Robert Dean Kiddie, Jr on behalf of Blue Spike, LLC (Kiddie, Robert) Modified on 8/21/2018 (rlf). [Transferred from Texas Eastern on 9/11/2018.] |
Filing 28 NOTICE by Garteiser Honea of Attorney's Charging Lien. (Garteiser, Randall) [Transferred from Texas Eastern on 9/11/2018.] |
Filing 27 NOTICE of Attorney Appearance by Timothy Devlin on behalf of Blue Spike, LLC (Devlin, Timothy) [Transferred from Texas Eastern on 9/11/2018.] |
Filing 26 ORDER granting #25 Motion to Continue. Blue Spike LLCs responsive date to Defendant Comcast Cable Communication, LLCs Motion to Dismiss (Dkt. #19 ) is continued until August 28, 2018. Signed by Magistrate Judge K. Nicole Mitchell on 8/21/2018. (rlf) [Transferred from Texas Eastern on 9/11/2018.] |
NOTICE of Deficiency regarding the #29 Notice of Appearance submitted by Blue Spike, LLC. Document was filed in incorrect case. Correction should be made by within one business day. (rlf) [Transferred from Texas Eastern on 9/11/2018.] |
Filing 25 Unopposed MOTION to Continue Opposition Deadline to Motion to Dismiss by Blue Spike, LLC. (Attachments: #1 Text of Order Granting UNOPPOSED MOTION FOR CONTINUANCE OF PLAINTIFF BLUE SPIKE LLCS RESPONSE DATE TO DEFENDANT COMCAST CABLE COMMUNICATIONS, LLC'S MOTION TO DISMISS (Dkt. 19))(Garteiser, Randall) [Transferred from Texas Eastern on 9/11/2018.] |
Filing 24 REDACTION to #22 SEALED MOTION to Transfer Pursuant to 28 U.S.C. 1404(A) by Comcast Cable Communications, LLC d/b/a Xfinity. (Attachments: #1 Text of Proposed Order, #2 Rockell Declaration, #3 Verma Declaration, #4 Yohe Declaration, #5 Exhibit 1, #6 Exhibit 2, #7 Exhibit 3, #8 Exhibit 4, #9 Exhibit 5, #10 Exhibit 6, #11 Exhibit 7, #12 Exhibit 8, #13 Exhibit 9, #14 Exhibit 10)(Dacus, Deron) [Transferred from Texas Eastern on 9/11/2018.] |
Filing 23 ORDER granting #21 Motion for Leave to File Motion to Transfer Under Seal. Signed by Magistrate Judge K. Nicole Mitchell on 8/14/2018. (rlf) [Transferred from Texas Eastern on 9/11/2018.] |
Filing 22 SEALED MOTION to Transfer Pursuant to 28 U.S.C. 1404(A) by Comcast Cable Communications, LLC d/b/a Xfinity. (Attachments: #1 Text of Proposed Order, #2 Rockell Declaration, #3 Verma Declaration, #4 Yohe Declaration, #5 Exhibit 1, #6 Exhibit 2, #7 Exhibit 3, #8 Exhibit 4, #9 Exhibit 5, #10 Exhibit 6, #11 Exhibit 7, #12 Exhibit 8, #13 Exhibit 9, #14 Exhibit 10)(Dacus, Deron) [Transferred from Texas Eastern on 9/11/2018.] |
Filing 21 Unopposed MOTION for Leave to File Under Seal Its Motion to Transfer by Comcast Cable Communications, LLC d/b/a Xfinity. (Attachments: #1 Text of Proposed Order)(Dacus, Deron) [Transferred from Texas Eastern on 9/11/2018.] |
Filing 20 JOINT STIPULATED ORDER DISMISSING CERTAIN DEFENDANTS WITHOUT PREJUDICE. All claims asserted by Plaintiff against Defendants Comcast Corporation, Comcast Business Communications, LLC, Comcast Enterprise Services, LLC, Comcast Cable Communications Management, LLC, Comcast Holdings Corporation, Comcast Shared Services, LLC, and Comcast of Houston, LLC are hereby dismissed without prejudice. Signed by District Judge Robert W. Schroeder, III on 8/7/2018. (gsg) [Transferred from Texas Eastern on 9/11/2018.] |
Filing 19 MOTION to Dismiss Blue Spike's Direct, Indirect, and Willful Infringement Claims Under Fed. R. Civ. P. 12(B)(6) by Comcast Business Communications, LLC, Comcast Cable Communications Management, LLC, Comcast Cable Communications, LLC d/b/a Xfinity, Comcast Corporation d/b/a Xfinity, Comcast Enterprise Services, LLC, Comcast Holdings Corporation, Comcast Shared Services, LLC. (Attachments: #1 Text of Proposed Order)(Dacus, Deron) [Transferred from Texas Eastern on 9/11/2018.] |
Filing 18 STIPULATION of Dismissal of Certain Defendants by Plaintiff and Defendants by Comcast Cable Communications, LLC d/b/a Xfinity. (Attachments: #1 Text of Proposed Order)(Dacus, Deron) [Transferred from Texas Eastern on 9/11/2018.] |
Defendant's Unopposed First Application for Extension of Time to Answer Complaint #13 is granted pursuant to Local Rule CV-12 for Comcast Cable Communications, LLC d/b/a Xfinity to 8/1/2018. 30 Days Granted for Deadline Extension.( mll, ) [Transferred from Texas Eastern on 9/11/2018.] |
Defendant's Unopposed First Application for Extension of Time to Answer Complaint #11 is granted pursuant to Local Rule CV-12 for Comcast Business Communications, LLC to 8/1/2018. 30 Days Granted for Deadline Extension.( mll, ) [Transferred from Texas Eastern on 9/11/2018.] |
Defendant's Unopposed First Application for Extension of Time to Answer Complaint #17 is granted pursuant to Local Rule CV-12 for Comcast Shared Services, LLC to 8/1/2018. 30 Days Granted for Deadline Extension.( mll, ) [Transferred from Texas Eastern on 9/11/2018.] |
Defendant's Unopposed First Application for Extension of Time to Answer Complaint #12 is granted pursuant to Local Rule CV-12 for Comcast Cable Communications Management, LLC to 8/1/2018. 30 Days Granted for Deadline Extension.( mll, ) [Transferred from Texas Eastern on 9/11/2018.] |
Defendant's Unopposed First Application for Extension of Time to Answer Complaint #14 is granted pursuant to Local Rule CV-12 for Comcast Corporation d/b/a Xfinity to 8/1/2018. 30 Days Granted for Deadline Extension.( mll, ) [Transferred from Texas Eastern on 9/11/2018.] |
Defendant's Unopposed First Application for Extension of Time to Answer Complaint #15 is granted pursuant to Local Rule CV-12 for Comcast Enterprise Services, LLC to 8/1/2018. 30 Days Granted for Deadline Extension.( mll, ) [Transferred from Texas Eastern on 9/11/2018.] |
Defendant's Unopposed First Application for Extension of Time to Answer Complaint #16 is granted pursuant to Local Rule CV-12 for Comcast Holdings Corporation to 8/1/2018. 30 Days Granted for Deadline Extension.( mll, ) [Transferred from Texas Eastern on 9/11/2018.] |
Filing 17 Defendant's Unopposed First Application for Extension of Time to Answer Complaint re Comcast Shared Services, LLC.( Dacus, Deron) [Transferred from Texas Eastern on 9/11/2018.] |
Filing 16 Defendant's Unopposed First Application for Extension of Time to Answer Complaint re Comcast Holdings Corporation.( Dacus, Deron) [Transferred from Texas Eastern on 9/11/2018.] |
Filing 15 Defendant's Unopposed First Application for Extension of Time to Answer Complaint re Comcast Enterprise Services, LLC.( Dacus, Deron) [Transferred from Texas Eastern on 9/11/2018.] |
Filing 14 Defendant's Unopposed First Application for Extension of Time to Answer Complaint re Comcast Corporation d/b/a Xfinity.( Dacus, Deron) [Transferred from Texas Eastern on 9/11/2018.] |
Filing 13 Defendant's Unopposed First Application for Extension of Time to Answer Complaint re Comcast Cable Communications, LLC d/b/a Xfinity.( Dacus, Deron) [Transferred from Texas Eastern on 9/11/2018.] |
Filing 12 Defendant's Unopposed First Application for Extension of Time to Answer Complaint re Comcast Cable Communications Management, LLC.( Dacus, Deron) [Transferred from Texas Eastern on 9/11/2018.] |
Filing 11 Defendant's Unopposed First Application for Extension of Time to Answer Complaint re Comcast Business Communications, LLC.( Dacus, Deron) [Transferred from Texas Eastern on 9/11/2018.] |
Filing 10 SUMMONS Returned Executed by Blue Spike, LLC. Comcast Shared Services, LLC served on 6/18/2018, answer due 7/9/2018. (Garteiser, Randall) [Transferred from Texas Eastern on 9/11/2018.] |
Filing 9 SUMMONS Returned Executed by Blue Spike, LLC. Comcast Holdings Corporation served on 6/11/2018, answer due 7/2/2018. (Garteiser, Randall) [Transferred from Texas Eastern on 9/11/2018.] |
Filing 8 SUMMONS Returned Executed by Blue Spike, LLC. Comcast Enterprise Services, LLC served on 6/11/2018, answer due 7/2/2018. (Garteiser, Randall) [Transferred from Texas Eastern on 9/11/2018.] |
Filing 7 SUMMONS Returned Executed by Blue Spike, LLC. Comcast Cable Communications Management, LLC served on 6/11/2018, answer due 7/2/2018. (Garteiser, Randall) [Transferred from Texas Eastern on 9/11/2018.] |
Filing 6 SUMMONS Returned Executed by Blue Spike, LLC. Comcast Cable Communications, LLC d/b/a Xfinity served on 6/11/2018, answer due 7/2/2018. (Garteiser, Randall) [Transferred from Texas Eastern on 9/11/2018.] |
Filing 5 SUMMONS Returned Executed by Blue Spike, LLC. Comcast Business Communications, LLC served on 6/11/2018, answer due 7/2/2018. (Garteiser, Randall) [Transferred from Texas Eastern on 9/11/2018.] |
Filing 4 SUMMONS Returned Executed by Blue Spike, LLC. Comcast Corporation d/b/a Xfinity served on 6/11/2018, answer due 7/2/2018. (Garteiser, Randall) [Transferred from Texas Eastern on 9/11/2018.] |
Filing 3 SUMMONS Issued as to Comcast Business Communications, LLC, Comcast Cable Communications Management, LLC, Comcast Cable Communications, LLC d/b/a Xfinity, Comcast Corporation d/b/a Xfinity, Comcast Enterprise Services, LLC, Comcast Holdings Corporation, Comcast Shared Services, LLC, Comcast of Houston, LLC d/b/a Xfinity - and emailed to Plaintiff for Service. (Attachments: #1 Summons - Comcast Business Communications, #2 Summons - Comcast Cable Communications LLC d/b/a Xfinity, #3 Summons - Comcast Cable Communications Management LLC, #4 Summons - Comcast Enterprise Services LLC, #5 Summons - Comcast Holdings Corporation, #6 Summons - Comcast of Houston LLC d/b/a Xfinity, #7 Summons - Comcast Shared Services LLC)(rlf) [Transferred from Texas Eastern on 9/11/2018.] |
Filing 2 CASE REFERRED to Magistrate Judge K Nicole Mitchell. (mll, ) [Transferred from Texas Eastern on 9/11/2018.] |
In accordance with the provisions of 28 USC Section 636(c), you are hereby notified that a U.S. Magistrate Judge of this district court is available to conduct any or all proceedings in this case including a jury or non-jury trial and to order the entry of a final judgment. The form #Consent to Proceed Before Magistrate Judge is available on our website. All signed consent forms, excluding pro se parties, should be filed electronically using the event Notice Regarding Consent to Proceed Before Magistrate Judge. (mll, ) [Transferred from Texas Eastern on 9/11/2018.] |
DEMAND for Trial by Jury by Blue Spike, LLC. (mll, ) [Transferred from Texas Eastern on 9/11/2018.] |
Filing 1 COMPLAINT for Patent Infringement against All Defendants ( Filing fee $ 400 receipt number 0540-6757568.), filed by Blue Spike, LLC. (Attachments: #1 Civil Cover Sheet, #2 Exhibit 01 - Comcast Business Managed Solutions, #3 Exhibit 02 - US Patent 7287275, #4 Exhibit 03 - US Patent 7475246, #5 Exhibit 04 - US Patent 8224705, #6 Exhibit 05 - US Patent 8473746, #7 Exhibit 06 - US Patent 8538011, #8 Exhibit 07 - US Patent 8739295, #9 Exhibit 08 - US Patent 9021602, #10 Exhibit 09 - US Patent 9104842, #11 Exhibit 10 - US Patent 9934408, #12 Exhibit 11 - US Patent RE44222, #13 Exhibit 12 - US Patent RE44307, #14 Exhibit 13 - US Patent 7159116, #15 Exhibit A - XFINITY services and offers, #16 Exhibit B - Comcast stores in Liberty, Mont Belvieu and Dayton, TX in Liberty County and Waskom in Harrison County which are all in the EDTX venue, #17 Exhibit C - Comcast Services in Liberty, TX, #18 Exhibit D - Comcast in Waskom, TX, #19 Exhibit E - Comcast Services in Dayton, TX, #20 Exhibit F - Texas Cable Association on franchise fees)(Garteiser, Randall) [Transferred from Texas Eastern on 9/11/2018.] |
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