Blue Spike, LLC v. Charter Communications, Inc.
Plaintiff: Blue Spike, LLC
Defendant: Charter Communications Inc.
Case Number: 1:2018cv01427
Filed: September 13, 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 36 PROPOSED ORDER Procedures Order by Blue Spike, LLC. (Devlin, Timothy)
October 23, 2018 Pro Hac Vice Attorney Tron Y. Fu and Thomas L. Duston for Charter 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. (ceg)
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 19, 2018 Filing 35 MOTION for Pro Hac Vice Appearance of Attorney Thomas L. Duston and Tron Y. Fu - filed by Charter Communications Inc.. (Farnan, Kelly)
October 19, 2018 Opinion or Order SO ORDERED D.I. #35 MOTION for Pro Hac Vice Appearance of Attorney Thomas L. Duston and Tron Y. Fu filed by Charter Communications Inc. Ordered by Judge Christopher J. Burke on 10/19/2018. (dlb)
October 18, 2018 Filing 34 Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Blue Spike, LLC. (Devlin, Timothy)
October 18, 2018 Filing 33 STIPULATION TO EXTEND TIME re: Answer First Amended Complaint to through and including November 26, 2018 - filed by Charter Communications Inc.. (Farnan, Kelly)
October 18, 2018 Opinion or Order SO ORDERED D.I. #33 STIPULATION TO EXTEND TIME re: Answer First Amended Complaint to through and including November 26, 2018 filed by Charter Communications Inc. Ordered by Judge Christopher J. Burke on 10/18/2018. (dlb)
October 16, 2018 Opinion or Order Filing 32 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 16, 2018 Opinion or Order SO ORDERED, re #29 STIPULATION TO EXTEND TIME to file amended complaint to October 12, 2018 filed by Blue Spike, LLC. Signed by Judge Leonard P. Stark on 10/16/18. (ntl)
October 12, 2018 Filing 31 First AMENDED COMPLAINT against Charter Communications Inc.- filed by Blue Spike, LLC. (Attachments: #1 Exhibit A to L, #2 Exhibit M to X, #3 Exhibit 1 to 23)(Devlin, Timothy)
October 11, 2018 Filing 30 NOTICE of Appearance by Kelly E. Farnan on behalf of Charter Communications Inc. (Farnan, Kelly)
October 10, 2018 Filing 29 STIPULATION TO EXTEND TIME to file amended complaint to October 12, 2018 - filed by Blue Spike, LLC. (Devlin, Timothy)
October 10, 2018 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)
October 5, 2018 Filing 28 Letter to the Office of the Clerk from Timothy Devlin regarding reassignment of cases. (dlw)
September 19, 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 13, 2018 Filing 27 Local Counsel Letter sent. Notice of Compliance deadline set for 10/15/2018. (crb)
September 13, 2018 Filing 26 Record of case transferred in from District of Texas Eastern; Case Number in Other District: 6:18-cv-00195. Copy of Docket Sheet and original file
September 7, 2018 Opinion or Order Filing 25 ORDER STAYING ALL DEADLINES AND TRANSFERRING THIS CASE TO THE DISTRICT OF DELAWARE. The Court hereby WAIVES the 21-day waiting period pursuant to Local Rule CV-83(b), so the case may be transferred immediately. Signed by Magistrate Judge K. Nicole Mitchell on 9/7/2018. (saenz, ) [Transferred from Texas Eastern on 9/13/2018.]
September 6, 2018 Filing 24 Joint MOTION To Transfer Venue and Stay All Deadlines by Blue Spike, LLC. (Attachments: #1 Text of Proposed Order)(Devlin, Timothy) (Additional attachment(s) added on 9/7/2018: #2 Text of Proposed Order - Corrected) (mjc, ). [Transferred from Texas Eastern on 9/13/2018.]
September 4, 2018 Opinion or Order Filing 23 ORDER granting #22 Unopposed Motion to Withdraw and Substitute Counsel. Attorney Randall T Garteiser terminated. Signed by Magistrate Judge K. Nicole Mitchell on 9/4/2018.. (saenz, ) [Transferred from Texas Eastern on 9/13/2018.]
August 30, 2018 Filing 22 MOTION to Substitute Attorney Timothy Devlin of Devlin Law Firm LLC for Randall T. Garteiser of Garteiser Honea PLLC, by Blue Spike, LLC. (Attachments: #1 Text of Proposed Order)(Garteiser, Randall) [Transferred from Texas Eastern on 9/13/2018.]
August 27, 2018 Opinion or Order Filing 21 ORDER setting Scheduling Conference for 9/20/2018 09:30 AM before Magistrate Judge K. Nicole Mitchell. Signed by Magistrate Judge K. Nicole Mitchell on 08/27/18. (mll, ) [Transferred from Texas Eastern on 9/13/2018.]
August 24, 2018 Filing 20 NOTICE of Readiness for Scheduling Conference by Blue Spike, LLC (Devlin, Timothy) [Transferred from Texas Eastern on 9/13/2018.]
August 24, 2018 Opinion or Order Filing 19 ORDER granting #18 Motion for Extension of Time to File Response/Reply re #18 Unopposed MOTION for Extension of Time to File Response/Reply as to #12 MOTION to Dismiss. Responses due by 9/18/2018. Signed by Magistrate Judge K. Nicole Mitchell on 8/24/2018. (mjc, ) [Transferred from Texas Eastern on 9/13/2018.]
August 23, 2018 Filing 18 Unopposed MOTION for Extension of Time to File Response/Reply as to #12 MOTION to Dismiss to September 18, 2018 by Blue Spike, LLC. (Attachments: #1 Text of Proposed Order)(Devlin, Timothy) [Transferred from Texas Eastern on 9/13/2018.]
August 22, 2018 Filing 17 NOTICE of Attorney Appearance by Robert Dean Kiddie, Jr on behalf of Blue Spike, LLC (Kiddie, Robert) [Transferred from Texas Eastern on 9/13/2018.]
August 22, 2018 Filing 16 NOTICE of Attorney Appearance by James M Lennon on behalf of Blue Spike, LLC (Lennon, James) [Transferred from Texas Eastern on 9/13/2018.]
August 21, 2018 Filing 15 ***FILED IN INCORRECT CASE. DISREGARD.*** NOTICE of Attorney Appearance by Robert Dean Kiddie, Jr on behalf of Blue Spike, LLC (Kiddie, Robert) Modified on 8/22/2018 (gsg). [Transferred from Texas Eastern on 9/13/2018.]
August 21, 2018 Filing 14 NOTICE by Garteiser Honea of ATTORNEYS CHARGING LIEN (Garteiser, Randall) [Transferred from Texas Eastern on 9/13/2018.]
August 21, 2018 Filing 13 NOTICE of Attorney Appearance by Timothy Devlin on behalf of Blue Spike, LLC (Devlin, Timothy) [Transferred from Texas Eastern on 9/13/2018.]
August 20, 2018 Filing 12 MOTION to Dismiss by Charter Communications, Inc.. Responses due by 9/4/2018 (Attachments: #1 Declaration of M. Starosta, #2 Declaration of C. Flores, #3 Declaration of J. Burdett, #4 Declaration of D. Bollinger)(Patariu, David) (Additional attachment(s) added on 8/21/2018: #5 Text of Proposed Order) (mjc, ). [Transferred from Texas Eastern on 9/13/2018.]
August 20, 2018 Filing 11 CORPORATE DISCLOSURE STATEMENT filed by Charter Communications, Inc. (Duston, Thomas) [Transferred from Texas Eastern on 9/13/2018.]
August 20, 2018 Filing 10 NOTICE of Attorney Appearance by David Nicholas Patariu on behalf of Charter Communications, Inc. (Patariu, David) [Transferred from Texas Eastern on 9/13/2018.]
August 20, 2018 Filing 9 NOTICE of Attorney Appearance by Thomas L Duston on behalf of Charter Communications, Inc. (Duston, Thomas) [Transferred from Texas Eastern on 9/13/2018.]
June 22, 2018 Filing 6 Defendant's Unopposed Second Application for Extension of Time to Answer Complaint re Charter Communications, Inc..( Duston, Thomas) [Transferred from Texas Eastern on 9/13/2018.]
June 22, 2018 Filing 5 Defendant's Unopposed First Application for Extension of Time to Answer Complaint re Charter Communications, Inc..( Duston, Thomas) [Transferred from Texas Eastern on 9/13/2018.]
June 8, 2018 Filing 4 SUMMONS Issued as to Charter Communications, Inc. and emailed to Plaintiff for Service. (rlf) [Transferred from Texas Eastern on 9/13/2018.]
May 9, 2018 Filing 3 CASE REFERRED to Magistrate Judge K Nicole Mitchell. (mll, ) [Transferred from Texas Eastern on 9/13/2018.]
May 4, 2018 Filing 2 Notice of Filing of Patent/Trademark Form (AO 120). AO 120 mailed to the Director of the U.S. Patent and Trademark Office. (Garteiser, Randall) [Transferred from Texas Eastern on 9/13/2018.]
May 4, 2018 Filing 1 COMPLAINT against Charter Communications, Inc. ( Filing fee $ 400 receipt number 0540-6765886.), filed by Blue Spike, LLC. (Attachments: #1 Civil Cover Sheet, #2 Exhibit 01 - Managed Network Services, #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 - Charter Spectrum Packages Bundle, #16 Exhibit B - Charter store locations in Plano, #17 Exhibit C - Spectrum serving Marshall TX, #18 Exhibit D - Spectrum serving Plano TX in Collin County, #19 Exhibit E - Texas Cable Assoc on Franchise Fees 101)(Garteiser, Randall) [Transferred from Texas Eastern on 9/13/2018.]

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Plaintiff: Blue Spike, LLC
Represented By: Timothy Devlin
Represented By: James M Lennon
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Defendant: Charter Communications Inc.
Represented By: Kelly E. Farnan
Represented By: Tron Y. Fu
Represented By: Thomas L. Duston
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