Red Hat, Inc. v. Sequoia Technology, LLC
| Red Hat, Inc. |
| Sequoia Technology, LLC, International Business Machines Corporations and Electronics and Telecommunications Research Institute |
| 1:2018cv02027 |
| December 19, 2018 |
| US District Court for the District of Delaware |
| Christopher J Burke |
| Maryellen Noreika |
| Leonard P Stark |
| Patent |
| 35 U.S.C. § 1 |
| Defendant |
Docket Report
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| Filing 25 ANSWER to #21 Answer to Amended Complaint,, Counterclaim, by Red Hat, Inc..(Blumenfeld, Jack) |
| Filing 24 AFFIDAVIT of Service for Summons and First Amended Compaint for Declaratory Judgment served on Electronics and Telecommunications Research Institute c/o Seung Chui Sung, Registered Agent on October 2, 2019, filed by Red Hat, Inc.. (Egan, Brian) |
| Filing 23 SUMMONS Returned Executed by Sequoia Technology, LLC. International Business Machines Corporations served on 10/9/2019, answer due 10/30/2019. (Brauerman, Stephen) |
| Filing 22 NOTICE OF SERVICE of Sequoia Technology, LLC's Disclosures Pursuant to Scheduling Order Paragraph 7(a) filed by Sequoia Technology, LLC.(Brauerman, Stephen) |
| Summons Issued with Magistrate Consent Notice attached as to International Business Machines Corporations on 10/9/2019. (lak) |
| Pro Hac Vice Attorney John E. Lord for Sequoia Technology, LLC 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. (kmd) |
| Filing 21 ANSWER to Amended Complaint, re: #16 Amended Complaint with Jury Demand , COUNTERCLAIM against Red Hat, Inc., International Business Machines Corporations by Sequoia Technology, LLC. (Attachments: #1 Exhibit, #2 Exhibit)(Brauerman, Stephen) |
| CASE REFERRED to Chief Magistrate Judge Mary Pat Thynge for Mediation. Please see Standing Order dated January 20, 2016, regarding disclosure of confidential ADR communications. A link to the standing order is provided here for your convenience at # https://www.ded.uscourts.gov/sites/ded/files/forms/StandingOrderforADR-Mediation.pdf Associated Cases: 1:18-cv-01127-LPS-CJB, 1:18-cv-01128-LPS-CJB, 1:18-cv-01129-LPS-CJB, 1:18-cv-01307-LPS-CJB, 1:18-cv-02027-LPS-CJB(cak) |
Filing 20
ORAL ORDER: In light of the parties' joint letter of September 13, 2019, (D.I. 15), it is hereby ORDERED that this action be consolidated for all pretrial purposes with Associated Cases: Civil Action No. 18-1127-LPS-CJB, 18-1128-LPS-CJB, 18-1129-LPS-CJB, and 18-1307-LPS-CJB. Civil Action No. 18-1127-LPS-CJB has been designated as the lead case. All future documents shall be filed in the lead case only. Ordered by Judge Christopher J. Burke on 9/24/2019. (dlb)
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Cases associated with lead case 18-1127. All future documents shall be filed in the lead case only. Ordered by Judge Christopher J. Burke on 9/24/2019. Associated Cases: 1:18-cv-01128-LPS-CJB, 1:18-cv-01129-LPS-CJB, 1:18-cv-01307-LPS-CJB, 1:18-cv-02027-LPS-CJB(dlb)
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| Minute Entry for proceedings held before Judge Christopher J. Burke Case Management Conference held on 9/23/2019. Counsel for Plaintiff were ORDERED to submit, by close of business on 9/27/2019, a revised scheduling order that incorporates the Courts deadlines. (Clerk, Schwerin) APPEARANCES: S. Brauerman, D. Brahmbhatt, and J. Lord for Plaintiff; J. Blumenfeld, J. Tigan, and B. Egan for Defendants and Red Hat; T. Friedman and E. Donovan for Defendants Hitachi, Hewlett Packard, and Red Hat; P. Sauer and J. Brogan for Defendant Super Micro; T. Brown and G. Gloscow for Defendant Dell. (Court Reporter, Valerie Gunning) Associated Cases: 1:18-cv-01127-LPS-CJB, 1:18-cv-01128-LPS-CJB, 1:18-cv-01129-LPS-CJB, 1:18-cv-01307-LPS-CJB, 1:18-cv-02027-LPS-CJB(dlb) |
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SO ORDERED D.I. (46 in 1:18-cv-01129-LPS-CJB, 48 in 1:18-cv-01128-LPS-CJB, 51 in 1:18-cv-01307-LPS-CJB, 17 in 1:18-cv-02027-LPS-CJB) MOTION for Pro Hac Vice Appearance of Attorney Christopher DeCoro and Abigail Lauer Litow. Ordered by Judge Christopher J. Burke on 9/19/2019. Associated Cases: 1:18-cv-01128-LPS-CJB, 1:18-cv-01129-LPS-CJB, 1:18-cv-01307-LPS-CJB, 1:18-cv-02027-LPS-CJB(dlb)
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| CORRECTING ENTRY: The Case Management/Scheduling Conference ("CMC") will be held on Monday, September 23, 2019 at 12:00 noon. The entry today setting a CMC was an error and has been removed. Associated Cases: 1:18-cv-01127-LPS-CJB, 1:18-cv-01128-LPS-CJB, 1:18-cv-01129-LPS-CJB, 1:18-cv-01307-LPS-CJB, 1:18-cv-02027-LPS-CJB(dlb) |
| Filing 19 Joint PROPOSED ORDER / [Proposed] Scheduling Order by Sequoia Technology, LLC. (Brauerman, Stephen) |
| Filing 18 Joint Letter to The Honorable Christopher J. Burke from Stephen B. Brauerman regarding Case Management. (Attachments: #1 Exhibit A, #2 Exhibit B)(Brauerman, Stephen) |
| Filing 17 MOTION for Pro Hac Vice Appearance of Attorney Christopher DeCoro and Abigail Lauer Litow - filed by Red Hat, Inc.. Motions referred to Christopher J. Burke.(Blumenfeld, Jack) |
| Summons Issued with Magistrate Consent Notice attached as to Electronics and Telecommunications Research Institute on 9/17/2019. (nmg) |
| Filing 16 First AMENDED COMPLAINT for Declaratory Judgment against Red Hat, Inc.- filed by Red Hat, Inc.. (Attachments: #1 Exhibits A-E, #2 Summons Forms - Unsigned)(Blumenfeld, Jack) |
| Filing 15 Letter to The Honorable Christoher J. Burke from Jack B. Blumenfeld regarding consolidation - re 13 Order Setting Scheduling Conference,,,,,. (Blumenfeld, Jack) |
| 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-01127-LPS-CJB, 1:18-cv-01128-LPS-CJB, 1:18-cv-01129-LPS-CJB, 1:18-cv-01307-LPS-CJB, 1:18-cv-02027-LPS-CJB (rjb) |
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SO ORDERED D.I. Nos. (43 in 1:18-cv-01129-MN-CJB, 48 in 1:18-cv-01307-MN-CJB)(12 in 1:18-cv-02027-MN-CJB) MOTION for Pro Hac Vice Appearance of Attorney Todd M. Friedman and Edward C. Donovan. Ordered by Judge Christopher J. Burke on 9/11/2019. Associated Cases: 1:18-cv-01129-MN-CJB, 1:18-cv-01307-MN-CJB, 1:18-cv-02027-MN-CJB(dlb)
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SO ORDERED D.I. #14 MOTION for Pro Hac Vice Appearance of Attorney Nate Dilger, Deepali Brahmbhatt, and John Lord filed by Sequoia Technology, LLC. Ordered by Judge Christopher J. Burke on 9/11/2019. (dlb)
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| Filing 14 MOTION for Pro Hac Vice Appearance of Attorney Nate Dilger, Deepali Brahmbhatt, and John Lord - filed by Sequoia Technology, LLC. (Attachments: #1 Certification of Nate Dilger, #2 Certification of Deepali Brahmbhatt, #3 Certification of John Lord)Motions referred to Christopher J. Burke.(Brauerman, Stephen) |
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Filing 13
The Court hereby ORDERS as follows: (1) By 9/13/2019, the parties in each of these cases shall jointly inform the Court whether they agree that the Red Hat, Inc. v. Sequoia Tech., LLC action (Civil Action No. 18-2027-MN-CJB) should be consolidated with the other four related actions (Civil Action Nos. 18-1127-MN-CJB; 18-1128-MN-CJB; 18-1129-MN-CJB; 18-1307-MN-CJB) for some or all pretrial purposes. (2) If the parties agree to consolidation, they shall jointly file with the Court by 9/18/2019 a proposed Scheduling Order for the consolidated actions and a joint letter, no longer than three single-spaced pages, outlining any remaining disputes about the substance of that Order. (3) If the parties disagree on consolidation, they shall file with the Court by 9/18/2019 a joint letter, no longer than three single-spaced pages, presenting their respective positions on consolidation and their views on how those positions affect the type of scheduling order(s) the Court should enter in the cases. (4) On 9/23/2019 at 12:00 pm, the parties in all five cases shall participate in a telephonic case management conference for the cases. Ordered by Judge Christopher J. Burke on 9/9/2019. Associated Cases: 1:18-cv-01127-MN-CJB, 1:18-cv-01128-MN-CJB, 1:18-cv-01129-MN-CJB, 1:18-cv-01307-MN-CJB, 1:18-cv-02027-MN-CJB(dlb)
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| Filing 12 MOTION for Pro Hac Vice Appearance of Attorney Todd M. Friedman and Edward C. Donovan - filed by Red Hat, Inc.. Motions referred to Christopher J. Burke.(Blumenfeld, Jack) |
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Filing 11
ORAL ORDER REFERRING CASE to Magistrate Judge Christopher J. Burke - IT IS HEREBY ORDERED that this case is referred to Magistrate Judge Christopher J. Burke to hear and resolve all pre-trial matters up to and including expert discovery matters (but not including summary judgment motions, Daubert motions, pre-trial motions in limine or the pre-trial conference), subject to 28 U.S.C. 636(b) and any further Order of the Court. All subsequent filings in this action shall be captioned as follows: Civil Action No. 19-2027-MN-CJB. ORDERED by Judge Maryellen Noreika on 9/6/2019. (dlw)
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| Filing 10 NOTICE OF SUBSTITUTION OF COUNSEL re Red Hat, Inc.: Entry of appearance of attorney Jack B. Blumenfeld. (Blumenfeld, Jack) |
| Filing 9 Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Golden Wave Partners Co. Ltd. for Sequoia Technology, LLC filed by Sequoia Technology, LLC. (Brauerman, Stephen) |
| Filing 8 ANSWER to #1 Complaint, with Jury Demand , COUNTERCLAIM against Red Hat, Inc. by Sequoia Technology, LLC.(Brauerman, Stephen) |
| Filing 7 SUMMONS Returned Executed by Red Hat, Inc.. Sequoia Technology, LLC served on 8/2/2019, answer due 8/23/2019. (Morrison, Susan) |
| Summons Issued with Magistrate Consent Notice attached as to Sequoia Technology, LLC on 8/2/2019. (kmd) |
| Filing 6 Supplemental Disclosure Statement pursuant to Rule 7.1: identifying Other Affiliate IBM Corporation for Red Hat, Inc. filed by Red Hat, Inc.. (Morrison, Susan) |
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SO ORDERED re #5 Stipulation. CASE STAYED. See Stipulation for details. ORDERED by Judge Maryellen Noreika on 1/14/2019. (dlw)
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| Filing 5 Joint STIPULATION staying litigation by Red Hat, Inc.. (Morrison, Susan) |
| Case Assigned to Judge Maryellen Noreika. Please include the initials of the Judge (MN) after the case number on all documents filed. (rjb) |
| No Summons Issued. (lak) |
| Filing 4 Disclosure Statement pursuant to Rule 7.1: identifying Other Affiliate T. Rowe Price Associates, Inc. for Red Hat, Inc. filed by Red Hat, Inc.. (lak) |
| Filing 3 Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) US 6,718,436. (lak) |
| Filing 2 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (lak) |
| Filing 1 COMPLAINT FOR DECLARATORY JUDGMENT - filed against Sequoia Technology, LLC - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number 0311-2529349.) - filed by Red Hat, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Civil Cover Sheet)(lak) |
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