Sound View Innovations, LLC v. The CW Network LLC
| Sound View Innovations, LLC |
| The CW Network LLC |
| Hulu, LLC |
| 1:2019cv00147 |
| January 25, 2019 |
| US District Court for the District of Delaware |
| Christopher J Burke |
| Colm F Connolly |
| Maryellen Noreika |
| Patent |
| 35 U.S.C. § 1 |
| Plaintiff |
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Filing 120
ORAL ORDER: The Court, having reviewed the parties' March 13, 2020 letter regarding the Markman hearing, (D.I. 128 in Civil Action No. 19-145-CFC-CJB), HEREBY ORDERS as follows: (1) The Court will hold a combined Markman hearing for all patents in all cases on 4/22/2020 at 10:00 AM before Judge Christopher J. Burke. The Court has allocated five hours for the hearing, to be split evenly among the parties. (2) The Markman hearing currently scheduled for April 15, 2020 in the Delta (C.A. No. 19-659), Walmart (C.A. No. 19-660), and Cigna cases (C.A. No. 19-964) is hereby VACATED.; (3) By no later than March 31, 2020, the parties shall meet and confer and jointly inform the Court by letter: (a) the order in which they intend to present all of the claim terms at issue, including which side will present first for each term; and (b) in the event that the hearing cannot take place in person due to the recent developments regarding COVID-19, and instead had to be conducted via telephone or videoconference, the parties' proposal(s) as to how the hearing should proceed from a logistical standpoint (e.g. how the parties would most effectively utilize slides); and (4) By no later than April 10, 2020, local and lead counsel for the parties shall meet and confer and file an Amended Joint Claim Construction Chart that sets forth the terms that remain in dispute for all patents in all cases. During the meet and confer, the parties shall attempt to reach agreement on any disputed terms where possible and to narrow the issues related to the remaining disputed terms. The parties shall file with the Amended Joint Claim Construction Chart a letter that identifies by name each individual who participated in the meet and confer, when and how (i.e., by telephone or in person) the meet and confer occurred, and how long it lasted. If no agreements on constructions have been reached or if no dispute has been narrowed as a result of the meet and confer, the letter shall so state and the parties need not file an Amended Joint Claim Construction Chart. Ordered by Judge Christopher J. Burke on 3/17/2020. Associated Cases: 1:19-cv-00145-CFC-CJB et al.(mlc)
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| Filing 119 Letter to The Honorable Christopher J. Burke from Karen E. Keller regarding status report regarding Markman hearing. (Keller, Karen) |
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SO ORDERED D.I. (126 in 1:19-cv-00146-CFC-CJB, 122 in 1:19-cv-00194-CFC-CJB, 118 in 1:19-cv-00147-CFC-CJB, 127 in 1:19-cv-00145-CFC-CJB, 120 in 1:19-cv-00193-CFC-CJB, 101 in 1:19-cv-00660-CFC-CJB, 93 in 1:19-cv-00659-CFC-CJB) STIPULATION TO EXTEND TIME for the parties to submit any Amended Joint Claim Chart to April 1, 2020 filed by Sound View Innovations, LLC. Ordered by Judge Christopher J. Burke on 3/11/2020. Associated Cases: 1:19-cv-00145-CFC-CJB et al.(dlb)
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| Filing 118 STIPULATION TO EXTEND TIME for the parties to submit any Amended Joint Claim Chart to April 1, 2020 - filed by Sound View Innovations, LLC. (Haney, Megan) |
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Filing 117
ORAL ORDER: In light of the parties' March 5, 2020 letter, (D.I. (125 in 1:19-cv-00145-CFC-CJB), the March 17, 2020 Markman hearing is CANCELED. By no later than March 13, 2020, the parties shall submit a status report that provides their respective thoughts regarding when the Markman hearing should be rescheduled. Ordered by Judge Christopher J. Burke on 3/9/2020. Associated Cases: 1:19-cv-00145-CFC-CJB et al.(mlc)
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| Filing 116 Letter to The Honorable Christopher J. Burke from Karen E. Keller regarding regarding the claim construction hearing set for March 17, 2019 at 11 a.m.. (Keller, Karen) |
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Filing 115
ORAL ORDER: The Court hereby ORDERS that on or before March 10, 2020, local and lead counsel for the parties shall meet and confer and file an Amended Joint Claim Construction Chart that sets forth the terms that remain in dispute. During the meet and confer, the parties shall attempt to reach agreement on any disputed terms where possible and to narrow the issues related to the remaining disputed terms. The parties shall file with the Amended Joint Claim Construction Chart a letter that identifies by name each individual who participated in the meet and confer, when and how (i.e., by telephone or in person) the meet and confer occurred, and how long it lasted. If no agreements on constructions have been reached or if no dispute has been narrowed as a result of the meet and confer, the letter shall so state and the parties need not file an Amended Joint Claim Construction Chart. Ordered by Judge Christopher J. Burke on 3/3/2020. Associated Cases: 1:19-cv-00145-CFC-CJB et al.(dlb)
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| Filing 114 REDACTED VERSION of (117 in 1:19-cv-00194-CFC-CJB, 115 in 1:19-cv-00193-CFC-CJB, 122 in 1:19-cv-00145-CFC-CJB, 95 in 1:19-cv-00964-CFC-CJB, 89 in 1:19-cv-00659-CFC-CJB, 97 in 1:19-cv-00660-CFC-CJB, 113 in 1:19-cv-00147-CFC-CJB, 120 in 1:19-cv-00146-CFC-CJB) Appendix,,,, by Sound View Innovations, LLC. (Phillips, John) |
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SO ORDERED D.I. (113 in 1:19-cv-00193-CFC-CJB, 118 in 1:19-cv-00146-CFC-CJB, 111 in 1:19-cv-00147-CFC-CJB, 115 in 1:19-cv-00194-CFC-CJB, 120 in 1:19-cv-00145-CFC-CJB) MOTION to Compel Production of Documents (Unopposed) filed by SundanceTV LLC, Shudder LLC, Showtime Networks Inc., The CW Network LLC, HSN, Inc., CBS Interactive Inc., IFC TV LLC, Digital Store LLC, Showtime Digital Inc., AMC Premiere LLC, WE tv LLC, IFC In Theaters LLC, AMC Networks, Inc., QVC, Inc. Ordered by Judge Christopher J. Burke on 2/28/2020. Associated Cases: 1:19-cv-00145-CFC-CJB, 1:19-cv-00146-CFC-CJB, 1:19-cv-00147-CFC-CJB, 1:19-cv-00193-CFC-CJB, 1:19-cv-00194-CFC-CJB(dlb)
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| Filing 113 [SEALED] APPENDIX re (88 in 1:19-cv-00659-CFC-CJB) Joint Claim Construction Brief, (114 in 1:19-cv-00193-CFC-CJB) Joint Claim Construction Brief, (96 in 1:19-cv-00660-CFC-CJB) Joint Claim Construction Brief, (112 in 1:19-cv-00147-CFC-CJB) Joint Claim Construction Brief, (94 in 1:19-cv-00964-CFC-CJB) Joint Claim Construction Brief, (119 in 1:19-cv-00146-CFC-CJB) Joint Claim Construction Brief, (116 in 1:19-cv-00194-CFC-CJB) Joint Claim Construction Brief, (121 in 1:19-cv-00145-CFC-CJB) Joint Claim Construction Brief by Sound View Innovations, LLC. (Attachments: #1 Index of Exhibits, #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 1, #19 Exhibit 2, #20 Exhibit 3, #21 Exhibit 4, #22 Exhibit 5, #23 Exhibit 6, #24 Exhibit 7, #25 Exhibit 8, #26 Exhibit 9, #27 Exhibit 10, #28 Exhibit 11, #29 Exhibit 12, #30 Exhibit 13, #31 Exhibit 14, #32 Exhibit 15)(Haney, Megan) |
| Filing 112 JOINT CLAIM CONSTRUCTION BRIEF filed by Sound View Innovations, LLC. (Haney, Megan) |
| Filing 111 MOTION to Compel Production of Documents (Unopposed) - filed by QVC, Inc., CBS Interactive Inc., Showtime Digital Inc., Showtime Networks Inc., AMC Networks, Inc., AMC Premiere LLC, Digital Store LLC, IFC In Theaters LLC, IFC TV LLC, Shudder LLC, SundanceTV LLC, WE tv LLC, HSN, Inc., The CW Network LLC. (Attachments: #1 Attachment A, #2 Text of Proposed Order Attachment B)Motions referred to Christopher J. Burke.(Shaw, John) |
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Filing 110
ORAL ORDER: The Court, having reviewed the parties' February 26, 2020 letter, (Civil Action No. 19-145-CFC-CJB, D.I. 118), hereby ORDERS as follows: (1) the parties' proposal as to the time allocation for the Markman hearing on March 17, 2020 is adopted and four hours will be allocated for argument, to be split equally between the parties; and (2) the parties' proposal regarding the order of the terms and which side will present argument first for each term is adopted. Ordered by Judge Christopher J. Burke on 2/27/2020. Associated Cases: 1:19-cv-00145-CFC-CJB et al.(dlb)
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| Filing 109 Letter to the Honorable Christopher J. Burke from John C. Phillips, Jr. regarding Markman Hearing. (Phillips, John) |
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SO ORDERED D.I. (115 in 1:19-cv-00146-CFC-CJB, 81 in 1:19-cv-00659-CFC-CJB, 88 in 1:19-cv-00660-CFC-CJB, 117 in 1:19-cv-00145-CFC-CJB, 108 in 1:19-cv-00147-CFC-CJB, 112 in 1:19-cv-00194-CFC-CJB, 110 in 1:19-cv-00193-CFC-CJB, 87 in 1:19-cv-00964-CFC-CJB) STIPULATION TO EXTEND TIME to Submit Joint Letter Regarding Markman Hearing to February 26, 2020 filed by Sound View Innovations, LLC. Ordered by Judge Christopher J. Burke on 2/26/2020. Associated Cases: 1:19-cv-00145-CFC-CJB et al.(dlb)
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| Filing 108 STIPULATION TO EXTEND TIME to Submit Joint Letter Regarding Markman Hearing to February 26, 2020 - filed by Sound View Innovations, LLC. (Haney, Megan) |
| Filing 107 NOTICE OF SERVICE of Sound View Responses and Objections to Defendants' Third Set of Requests for Production and Things to Sound View (Nos. 64-65) filed by Sound View Innovations, LLC.(Haney, Megan) |
| Filing 106 NOTICE OF SERVICE of Defendants Responses and Objections to Sound Views Second Set of Requests for Production (Nos. 67-68) filed by The CW Network LLC.(Hoeschen, Nathan) |
| Filing 105 NOTICE OF SERVICE of Sound View's Reply Claim Construction Brief filed by Sound View Innovations, LLC.(Haney, Megan) |
| Filing 104 NOTICE requesting Clerk to remove Brian Chang as co-counsel.. (Shaw, John) |
| Filing 103 NOTICE OF SERVICE of Defendants' Responsive Claim Construction Brief on U.S. Patent Nos. 6,502,133, 6,708,213 and 6,757,796 filed by Vudu, Inc., Walmart Inc..(Lyons, Jeffrey) |
| Filing 102 OBJECTIONS by Sound View Innovations, LLC to (103 in 1:19-cv-00145-CFC-CJB) Multi Media Document,, (100 in 1:19-cv-00145-CFC-CJB) Letter [Sound View's Objections and Comments Regarding Defendants' Claim Construction Tutorial ('133, '213, '796 Patents)]. (Phillips, John) |
| Filing 101 NOTICE OF SERVICE of (1) Defendant's Third Set of Requests for Production and Things to Sound View (Nos. 64-65) filed by The CW Network LLC.(Hoeschen, Nathan) |
| Filing 100 NOTICE OF SERVICE of Sound View's Second Set of Requests for Production to The CW Network, LLC (Nos. 67-68) filed by Sound View Innovations, LLC.(Haney, Megan) |
| Filing 99 ORAL ORDER: This matter has been referred to Chief Magistrate Judge Mary Pat Thynge for ADR. Counsel are to advise on or before Wednesday, February 11, 2020, by email to Judge Thynge, with a copy to her Judicial Administrator, Ms. Kennedy, as well as opposing counsel, their clients interest in mediation and the timing when mediation is preferred with a very brief explanation why. Ordered by Chief Magistrate Judge Mary Pat Thynge on 1/22/20. (cak) |
| Filing 98 NOTICE OF SERVICE of (1) Defendant's Second Supplemental Response and Objections to Sound View's Common Interrogatory No. 3 filed by The CW Network LLC.(Hoeschen, Nathan) |
| Filing 97 NOTICE of Subpoena to Limelight Networks, Inc. by Sound View Innovations, LLC (Haney, Megan) |
| Filing 96 NOTICE of Subpoena to Level 3 Communications, LLC by Sound View Innovations, LLC (Haney, Megan) |
| Filing 95 NOTICE of Subpoena to Akamai Technologies, Inc. by Sound View Innovations, LLC (Haney, Megan) |
| Filing 94 NOTICE of Subpoenas by Sound View Innovations, 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)(Haney, Megan) |
| Filing 93 MULTI MEDIA DOCUMENT filed by QVC, Inc., CBS Corporation, CBS Interactive Inc., CBS News Inc., CBS Sports Inc., Showtime Digital Inc., Showtime Networks Inc., AMC Networks, Inc., AMC Premiere LLC, Digital Store LLC, IFC In Theaters LLC, IFC TV LLC, Shudder LLC, SundanceTV LLC, WE tv LLC, HSN, Inc., The CW Network LLC in the form of (2) CDs containing Technology Tutorial. Filing related to (94 in 1:19-cv-00194-CFC-CJB, 94 in 1:19-cv-00193-CFC-CJB, 90 in 1:19-cv-00147-CFC-CJB, 98 in 1:19-cv-00146-CFC-CJB, 100 in 1:19-cv-00145-CFC-CJB) Letter. (Media on file in Clerk's Office). Associated Cases: 1:19-cv-00145-CFC-CJB, 1:19-cv-00146-CFC-CJB, 1:19-cv-00147-CFC-CJB, 1:19-cv-00193-CFC-CJB, 1:19-cv-00194-CFC-CJB(dlb) |
| Filing 92 MULTI MEDIA DOCUMENT filed by Sound View Innovations, LLC in the form of a (2) CD with Sound View's Technology Tutorial. Filing related to (99 in 1:19-cv-00145-CFC-CJB) Letter. (Media on file in Clerk's Office). Associated Cases: 1:19-cv-00145-CFC-CJB et al.(dlb) |
| Filing 91 NOTICE OF SERVICE of Sound View's Opening Claim Construction Brief filed by Sound View Innovations, LLC.(Haney, Megan) |
| Filing 90 Letter to The Honorable Christopher J. Burke from Karen E. Keller regarding Defendants' claim construction technology tutorial DVD. (Keller, Karen) |
| Filing 89 Letter to The Honorable Christopher J. Burke from John C. Phillips, Jr. regarding Plaintiff's Technology Tutorial. (Phillips, John) |
| Filing 88 CLAIM Construction Chart by Sound View Innovations, LLC. (Attachments: #1 Exhibit A ('133 Patent), #2 Exhibit A-1, #3 Exhibit A-2, #4 Exhibit B ('213 patent), #5 Exhibit B-1, #6 Exhibit B-2, #7 Exhibit B-3, #8 Exhibit B-4, #9 Exhibit C ('796 Patent), #10 Exhibit C-1, #11 Exhibit C-2)(Haney, Megan) |
| Filing 87 NOTICE OF SERVICE of 1. Notice of Subpoena Ad Testificandum directed to Sanjoy Paul. 2) Subpoena Duces Tecum directed to Sanjoy Paul filed by QVC, Inc., CBS Interactive Inc., Showtime Digital Inc., Showtime Networks Inc., AMC Networks, Inc., AMC Premiere LLC, Digital Store LLC, IFC In Theaters LLC, IFC TV LLC, Shudder LLC, SundanceTV LLC, WE tv LLC, HSN, Inc., The CW Network LLC.(Hoeschen, Nathan) |
| Filing 86 NOTICE OF SERVICE of Sound View Innovations, LLC's Initial Identification of Claim Term(s)/Phrase(s) for Construction and Proposed Claim Constructions filed by Sound View Innovations, LLC.(Phillips, John) |
| Filing 85 NOTICE OF SERVICE of Sound View Responses and Objections to Defendants' Second Set of Requests for Production and Things to Sound View (Nos. 61-63) filed by Sound View Innovations, LLC.(Haney, Megan) |
| Filing 84 NOTICE OF SERVICE of (1) Revised Subpoena Duces Tecum directed to Sanjoy Paul (2) Revised Subpoena Ad Testificandum directed to Sanjoy Paul (3) Revised Subpoena Ad Testificandum directed to Nokia of America Corporation filed by QVC, Inc., CBS Interactive Inc., Showtime Digital Inc., Showtime Networks Inc., AMC Networks, Inc., AMC Premiere LLC, Digital Store LLC, IFC In Theaters LLC, IFC TV LLC, Shudder LLC, SundanceTV LLC, WE tv LLC, HSN, Inc., The CW Network LLC.(Hoeschen, Nathan) |
| Filing 83 NOTICE OF SERVICE of (1) Subpoena Duces Tecum directed to Nokia of America Corporation filed by QVC, Inc., CBS Interactive Inc., Showtime Digital Inc., Showtime Networks Inc., AMC Networks, Inc., AMC Premiere LLC, Digital Store LLC, IFC In Theaters LLC, IFC TV LLC, Shudder LLC, SundanceTV LLC, WE tv LLC, HSN, Inc., The CW Network LLC.(Hoeschen, Nathan) |
| Filing 82 NOTICE of Subpoenas directed to Katherine H. Guo, Markus A. Hofmann, and Nokia of America Corporation by QVC, Inc., CBS Corporation, CBS Interactive Inc., Showtime Digital Inc., Showtime Networks Inc., AMC Networks, Inc., AMC Premiere LLC, Digital Store LLC, IFC In Theaters LLC, IFC TV LLC, Shudder LLC, SundanceTV LLC, WE tv LLC, HSN, Inc., The CW Network LLC (Hoeschen, Nathan) |
| Filing 81 NOTICE OF SERVICE of Sound View's Responses and Objections to Defendants' Second Set of Common Interrogatories (No. 10) filed by Sound View Innovations, LLC.(Haney, Megan) |
| Filing 80 NOTICE of Subpoenas directed to Gerald D. Baulier, Philip L. Bohannon, Benson L. Branch, Thomas M. Cliff, Jr., and Sanjoy Paul by QVC, Inc., CBS Interactive Inc., Showtime Digital Inc., Showtime Networks Inc., AMC Networks, Inc., AMC Premiere LLC, Digital Store LLC, IFC In Theaters LLC, IFC TV LLC, Shudder LLC, WE tv LLC, HSN, Inc., The CW Network LLC (Hoeschen, Nathan) |
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Filing 79
ORAL ORDER: The Court, having reviewed Defendants' and non-party Hulu, LLC's ("Hulu") October 14, 2019 letter, (D.I. (80 in 1:19-cv-00145-CFC-CJB), hereby ORDERS as follows with respect to the two remaining issues regarding Hulu's Motion for Protective Order (the "motion"), (Civil Action No. 19-145, D.I. 58): (1) As to the parties' first dispute, regarding whether the Court should enter a protective order prohibiting Plaintiff Sound View Innovations, LLC ("Sound View") from producing its opening Yurkerwich damages report from the Hulu case with information regarding Hulu's accused product revenue unredacted, the Court orders that Hulu's motion be GRANTED. In order to deny the motion (which relates to revenue figures that the Court understands to be confidential and sensitive to Hulu), (Civil Action No. 19-145, D.I. 57 at 2), the Court would want to fully understand why Defendants need the redacted information at issue in order to be able to effectively cross-examine Sound View's damages expert in these cases. But the Court has not had access to the expert report at issue. And after two rounds of letter briefing, Defendants have not sufficiently explained to the Court why the absence of the redacted information will prohibit meaningful cross-examination of Sound View's damages expert -- particularly in light of Defendants' knowledge of other aspects of that expert's damages analysis in the Hulu case. (Civil Action No. 19-145, D.I. 80 at 2); (2) With regard to the parties' second dispute, regarding whether a protective order is necessary as to the other categories of information identified in Hulu's September 4, 2019 motion, (Civil Action No. 19-145, D.I. 57, 58), the Court agrees with Defendants that Hulu's motion should be DENIED AS MOOT. Defendants have withdrawn their request for categories (1)-(3) and for Hulu's internal licensing, revenue, profit and cost information (other than Hulu's accused product revenue, referenced above), and therefore, as to this information, Hulu is no longer a "person from whom discovery is sought[.]" Fed. R. Civ. P. 26(c)(1). There is thus no need to enter a protective order with regard to these categories of information. However, before Sound View produces any further Hulu confidential information to Defendants (including information identified in Hulu's motion for protective order), Sound View must provide the same 30 day notice to Hulu provided in this Court's July 23, 2019 Oral Order. (Civil Action No. 19-145, D.I. 80 at 2) Ordered by Judge Christopher J. Burke on 11/14/2019. Associated Cases: 1:19-cv-00145-CFC-CJB, 1:19-cv-00146-CFC-CJB, 1:19-cv-00147-CFC-CJB, 1:19-cv-00193-CFC-CJB, 1:19-cv-00194-CFC-CJB(mlc)
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| Filing 78 NOTICE OF SERVICE of Defendants First Supplemental Response and Objections to Sound Views Common Interrogatory No. 3 filed by The CW Network LLC.(Shaw, John) |
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SO ORDERED D.I. (77 in 1:19-cv-00147-CFC-CJB, 87 in 1:19-cv-00145-CFC-CJB, 84 in 1:19-cv-00146-CFC-CJB, 80 in 1:19-cv-00193-CFC-CJB, 77 in 1:19-cv-00194-CFC-CJB, 48 in 1:19-cv-00660-CFC-CJB, 41 in 1:19-cv-00964-CFC-CJB, 48 in 1:19-cv-00659-CFC-CJB) STIPULATION TO EXTEND TIME re: Schedule for Claim Construction-Related Deadlines for the '133, '213 and '796 Patents. Ordered by Judge Christopher J. Burke on 11/1/2019. Associated Cases: 1:19-cv-00145-CFC-CJB et al.(dlb)
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| Filing 77 STIPULATION TO EXTEND TIME re: Schedule for Claim Construction-Related Deadlines for the '133, '213 and '796 Patents to See Stipulation - filed by Sound View Innovations, LLC. (Haney, Megan) |
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SO ORDERED D.I. (79 in 1:19-cv-00193-CFC-CJB, 86 in 1:19-cv-00145-CFC-CJB, 76 in 1:19-cv-00147-CFC-CJB, 76 in 1:19-cv-00194-CFC-CJB, 83 in 1:19-cv-00146-CFC-CJB) Stipulation to Vacate Claim Construction Deadlines as set forth in Sections 11 through 14 of the Scheduling Orders in the respective cases. Ordered by Judge Christopher J. Burke on 10/29/2019. Associated Cases: 1:19-cv-00145-CFC-CJB, 1:19-cv-00146-CFC-CJB, 1:19-cv-00147-CFC-CJB, 1:19-cv-00193-CFC-CJB, 1:19-cv-00194-CFC-CJB(dlb)
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| Filing 76 STIPULATION (and proposed Order) to Vacate Claim Construction Deadlines re (31 in 1:19-cv-00145-CFC-CJB) Scheduling Order, (24 in 1:19-cv-00193-CFC-CJB) Scheduling Order, (24 in 1:19-cv-00147-CFC-CJB) Scheduling Order, (30 in 1:19-cv-00146-CFC-CJB) Scheduling Order, (24 in 1:19-cv-00194-CFC-CJB) Scheduling Order, by QVC, Inc., CBS Interactive Inc., Showtime Digital Inc., Showtime Networks Inc., AMC Networks, Inc., AMC Premiere LLC, Digital Store LLC, IFC In Theaters LLC, IFC TV LLC, Shudder LLC, SundanceTV LLC, WE tv LLC, HSN, Inc., The CW Network LLC. (Shaw, John) |
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Filing 75
ORAL ORDER: For the reasons the Court set out in the status teleconference with the parties in these actions today, the Court hereby ORDERS as follows with respect to the Markman proceedings: (1) In all of the actions affected by this Order, a Markman hearing with regard to the '133 patent, '213 patent and '796 patent is rescheduled from January 8, 2020 to March 17, 2020 at 11:00am in Courtroom 2A. With respect to that hearing, by no later than October 31, 2019, the parties shall submit a joint stipulation revising other claim construction-related deadlines to correspond to the new hearing date. (2) In Civil Action Nos. 19-659-CFC-CJB, 19-660-CFC-CJB and 19-964-CFC-CJB, the Markman hearing with regard to the '456 patent and the '715 patent will remain on April 15, 2020 at 11:00am in Courtroom 2A. Ordered by Judge Christopher J. Burke on 10/24/2019. Associated Cases: 1:19-cv-00145-CFC-CJB et al.(dlb)
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| Minute Entry for proceedings held before Judge Christopher J. Burke - The Court held a status teleconference on 10/24/2019 to discuss coordination of Markman proceedings in these actions. The Court will issue an order. (Court Reporter Valerie Gunning. Clerk: M. Crawford) Appearances: M. Haney, A. Kellman, E. Geist, K. Bi for Plaintiff; J. Shaw, E. Reines, B. Chang for Defendants AMC Networks, Inc. et al., CBS Interactive Inc., et al., The CW Network LLC, HSN, Inc. and QVC, Inc.; J. Blumenfeld, S. Baskin, A. Altersohn for Defendant Delta Air Lines, Inc.; K. Jacobs, J. Lyons, P. Morton for Defendants Walmart Inc. and Vudu, Inc.; J. Anderson, R. Crisler for Cigna Corp. et al. Associated Cases: 1:19-cv-00145-CFC-CJB et al.(mlc) |
| Filing 74 Letter to The Honorable Christopher J. Burke from All Parties regarding Request for Teleconference Regarding Markman Hearings. (Attachments: #1 Exhibits A-B)(Lyons, Jeffrey) |
| Filing 73 NOTICE OF SERVICE of (1) Defendant's Second Set of Requests for Production and Things to Sound View (Nos. 61-63) filed by The CW Network LLC.(Fry, David) |
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Filing 72
ORAL ORDER Setting Teleconference: At the request of the parties, the Court HEREBY ORDERS that a status teleconference is scheduled for 10/24/2019 at 12:00 PM before Judge Christopher J. Burke to discuss coordination of Markman proceedings. By close of business on October 23, 2019, the parties shall submit a joint letter of no more than 2 single-spaced pages that describes the issue and the parties' respective positions. Ordered by Judge Christopher J. Burke on 10/22/2019. Associated Cases: 1:19-cv-00145-CFC-CJB et al.(mlc)
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| Filing 71 NOTICE OF SERVICE of Defendants Second Set of Common Interrogatories to Sound View (No. 10) filed by QVC, Inc., CBS Interactive Inc., Showtime Digital Inc., Showtime Networks Inc., AMC Networks, Inc., AMC Premiere LLC, Digital Store LLC, IFC In Theaters LLC, IFC TV LLC, Shudder LLC, SundanceTV LLC, WE tv LLC, HSN, Inc., The CW Network LLC.(Keller, Karen) |
| REMARK: The parties should be aware that the Court encourages the participation of newer attorneys in courtroom proceedings and at oral argument. Please see the Court's Standing Order Regarding Courtroom Opportunities for Newer Attorneys, a link to which is provided here for the parties' convenience: http://www.ded.uscourts.gov/sites/default/files/forms/StandingOrder2017.pdf (dlb) |
| Filing 70 Letter to The Honorable Christopher J. Burke from Nathan R. Hoeschen regarding joint status report. (Hoeschen, Nathan) |
| Filing 69 CLAIM Construction Chart by Sound View Innovations, LLC. (Attachments: #1 Exhibit A-1: 133 Patent, #2 Exhibit A-2, #3 Exhibit A-3, #4 Exhibit B-1: 213 Patent, #5 Exhibit B-2, #6 Exhibit B-3, #7 Exhibit B-4, #8 Exhibit C-1: 796 Patent, #9 Exhibit C-2)(Haney, Megan) |
| Filing 68 NOTICE OF SERVICE of Sound View's Responses and Objections to Defendant's First Set of Common Interrogatories (Nos. 1-9) and Sound View's Responses and Objections to Defendant The CW's First Set of Interrogatories (Nos. 1-4) filed by Sound View Innovations, LLC.(Haney, Megan) |
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Filing 67
ORAL ORDER: The Court, having reviewed Defendants'and non-party Hulu, LLC's ("Hulu") September 30, 2019 joint status report regarding Hulu's Motion for Protective Order, (D.I. 74 in Civil Action No. 19-145-CFC-CJB), hereby ORDERS that the parties shall continue to meet and confer and submit a joint status report of no longer than 2 single-spaced pages by no later than October 14, 2019 indicating whether they have reached resolution regarding the two remaining disputed issues (and if resolution has not been reached, the parties shall provide their respective positions). Ordered by Judge Christopher J. Burke on 10/1/2019. Associated Cases: 1:19-cv-00145-CFC-CJB, 1:19-cv-00146-CFC-CJB, 1:19-cv-00147-CFC-CJB, 1:19-cv-00193-CFC-CJB, 1:19-cv-00194-CFC-CJB(dlb)
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| Filing 66 Letter to The Honorable Christopher J. Burke from Karen E. Keller regarding Joint Status Report pursuant to the Courts September 17, 2019 Order. (Keller, Karen) |
| Filing 65 NOTICE OF SERVICE of Sound View Innovations, LLC's Initial Identification of Claim Term(s)/Phrase(s) for Construction and Proposed Claim Constructions filed by Sound View Innovations, LLC.(Haney, Megan) |
| Filing 64 NOTICE OF SERVICE of Sound View's Responses and Objections to Defendants' First Set of Requests for Production and Things to Sound View (Nos. 1-60) filed by Sound View Innovations, LLC.(Haney, Megan) |
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Filing 63
ORAL ORDER: Pursuant to the Courts discussion with the parties during yesterdays teleconference regarding non-party Hulu, LLCs Motion for Protective Order, (D.I. 58 in Civil Action No. 19-145-CFC-CJB), the Court hereby ORDERS that the parties shall further meet and confer and submit a joint status report of no longer than 2 single-spaced pages by no later than September 30, 2019 indicating whether they have reached resolution regarding the Motion (and if resolution has not been reached, the parties shall provide their respective positions). Ordered by Judge Christopher J. Burke on 9/17/2019. Associated Cases: 1:19-cv-00145-CFC-CJB, 1:19-cv-00146-CFC-CJB, 1:19-cv-00147-CFC-CJB, 1:19-cv-00193-CFC-CJB, 1:19-cv-00194-CFC-CJB(dlb)
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| Filing 62 NOTICE OF SERVICE of 1. Defendants' Initial Invalidity Contentions for U.S. Patent No. 6,708,213, 2. Defendants' Initial Invalidity Contentions for U.S. Patent No. 6,757,796 filed by QVC, Inc., CBS Corporation, CBS Interactive Inc., CBS News Inc., CBS Sports Inc., Showtime Digital Inc., Showtime Networks Inc., AMC Networks, Inc., AMC Premiere LLC, Digital Store LLC, IFC In Theaters LLC, IFC TV LLC, Shudder LLC, SundanceTV LLC, WE tv LLC, HSN, Inc., The CW Network LLC.(Shaw, John) |
| Minute Entry for proceedings held before Judge Christopher J. Burke - Discovery teleconference held on 9/16/2019 regarding non-party Hulu LLC's motion for protective order, (D.I. #58 ). The Court heard argument and will issue an oral order requiring a status report. (Court Reporter Valerie Gunning. Clerk: M. Crawford) Appearances: M. Haney, A. Kellman, E. Geist for Plaintiff; J. Shaw, E. Reines, B. Chang for Defendants; K. Dorsney, C. Westin for non-party Hulu LLC. Associated Cases: 1:19-cv-00145-CFC-CJB, 1:19-cv-00146-CFC-CJB, 1:19-cv-00147-CFC-CJB, 1:19-cv-00193-CFC-CJB, 1:19-cv-00194-CFC-CJB(mlc) |
| Filing 61 Letter to The Honorable Christopher J. Burke from Kenneth L. Dorsney regarding motion for protective order - re (60 in 1:19-cv-00147-CFC-CJB, 67 in 1:19-cv-00145-CFC-CJB, 57 in 1:19-cv-00194-CFC-CJB, 60 in 1:19-cv-00193-CFC-CJB) Oral Order,,,, (66 in 1:19-cv-00146-CFC-CJB) Oral Order,,,. (Dorsney, Kenneth) |
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Filing 60
ORAL ORDER: The Court, having reviewed the parties' letter briefs relating to Non-Party Hulu, LLC's ("Hulu") Motion for Protective Order, (D.I. 58 in Civil Action No. 19-145-CFC-CJB), hereby ORDERS that by no later than September 13, 2019, Hulu shall submit a reply letter of no more than 2 single-spaced pages that specifically addresses the Delaware Defendants' argument that Hulu's financial information is directly relevant to these cases: (1) "in order to ascertain the basis for Plaintiff's damages theory, determine whether Plaintiff and its experts are taking inconsistent positions across litigations, and cross-examine or impeach Plaintiff's experts on such inconsistencies" and (2) to assess whether any settlement or jury award in the California Litigation is comparable for the damages analysis in these cases. Ordered by Judge Christopher J. Burke on 9/12/2019. Associated Cases: 1:19-cv-00145-CFC-CJB, 1:19-cv-00147-CFC-CJB, 1:19-cv-00193-CFC-CJB, 1:19-cv-00194-CFC-CJB(dlb)
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Filing 59
ORAL ORDER Setting Teleconference: A teleconference is set for September 16, 2019 at 3:00PM before Christopher J. Burke to hear argument regarding non-party Hulu, LLCs Motion for Protective Order. Ordered by Judge Christopher J. Burke on 9/11/2019. Associated Cases: 1:19-cv-00145-CFC-CJB, 1:19-cv-00146-CFC-CJB, 1:19-cv-00147-CFC-CJB, 1:19-cv-00193-CFC-CJB, 1:19-cv-00194-CFC-CJB(dlb)
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SO ORDERED D.I. Nos.(55 in 1:19-cv-00193-CFC-CJB, 55 in 1:19-cv-00147-CFC-CJB, 61 in 1:19-cv-00146-CFC-CJB, 53 in 1:19-cv-00194-CFC-CJB, 62 in 1:19-cv-00145-CFC-CJB) MOTION for Pro Hac Vice Appearance of Attorney John C. Kappos and Attorney Cameron W. Westin filed by Hulu, LLC. Ordered by Judge Christopher J. Burke on 9/11/2019. Associated Cases: 1:19-cv-00145-CFC-CJB, 1:19-cv-00146-CFC-CJB, 1:19-cv-00147-CFC-CJB, 1:19-cv-00193-CFC-CJB, 1:19-cv-00194-CFC-CJB(dlb)
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| Filing 58 REQUEST for Oral Argument by Hulu, LLC re (49 in 1:19-cv-00194-CFC-CJB, 51 in 1:19-cv-00193-CFC-CJB, 51 in 1:19-cv-00147-CFC-CJB, 58 in 1:19-cv-00145-CFC-CJB, 57 in 1:19-cv-00146-CFC-CJB) MOTION for Protective Order . (Dorsney, Kenneth) |
| Filing 57 NOTICE OF SERVICE of (1) Sound View's Amended Initial Infringement Contentions; and (2) Plaintiff Sound View Innovations, LLC's Amended Initial Identification of Accused Products, Damages Model, and Asserted Patents filed by Sound View Innovations, LLC.(Haney, Megan) |
| Filing 56 Letter to The Honorable Christopher J. Burke from Nathan R. Hoeschen - re (49 in 1:19-cv-00194-CFC-CJB, 51 in 1:19-cv-00193-CFC-CJB, 51 in 1:19-cv-00147-CFC-CJB, 58 in 1:19-cv-00145-CFC-CJB, 57 in 1:19-cv-00146-CFC-CJB) MOTION for Protective Order , (54 in 1:19-cv-00145-CFC-CJB, 47 in 1:19-cv-00147-CFC-CJB, 47 in 1:19-cv-00193-CFC-CJB, 53 in 1:19-cv-00146-CFC-CJB, 45 in 1:19-cv-00194-CFC-CJB) Oral Order,,,,,,,,,. (Hoeschen, Nathan) |
| Filing 55 MOTION for Pro Hac Vice Appearance of Attorney John C. Kappos and Attorney Cameron W. Westin - filed by Hulu, LLC. Motions referred to Christopher J. Burke.(Dorsney, Kenneth) |
| Filing 54 NOTICE OF SERVICE of Defendant's First Set of Interrogatories to Sound View (Nos. 1-4) filed by The CW Network LLC.(Keller, Karen) |
| Filing 53 NOTICE OF SERVICE of Defendants' First Set of Common Interrogatories to Sound View (Nos. 1-9) filed by QVC, Inc., CBS Interactive Inc., Showtime Digital Inc., Showtime Networks Inc., AMC Networks, Inc., AMC Premiere LLC, Digital Store LLC, IFC In Theaters LLC, IFC TV LLC, Shudder LLC, SundanceTV LLC, WE tv LLC, HSN, Inc., The CW Network LLC.(Keller, Karen) |
| Filing 52 DECLARATION re (49 in 1:19-cv-00194-CFC-CJB, 51 in 1:19-cv-00193-CFC-CJB, 51 in 1:19-cv-00147-CFC-CJB, 58 in 1:19-cv-00145-CFC-CJB, 57 in 1:19-cv-00146-CFC-CJB) MOTION for Protective Order (Declaration of Cameron W. Westin) by Hulu, LLC. (Dorsney, Kenneth) |
| Filing 51 MOTION for Protective Order - filed by Hulu, LLC. Motions referred to Christopher J. Burke.(Dorsney, Kenneth) |
| Filing 50 Letter to The Honorable Christopher J. Burke from Kenneth L. Dorsney regarding protective order - re (47 in 1:19-cv-00193-CFC-CJB) Oral Order,,,,,,,,,. (Dorsney, Kenneth) |
| Filing 49 NOTICE OF SERVICE of Defendants' First Set of Requests for Production and Things to Sound View (Nos. 1-60) filed by The CW Network LLC.(Hoeschen, Nathan) |
| Filing 48 NOTICE OF SERVICE of Sound View's Initial Infringement Contentions filed by Sound View Innovations, LLC.(Haney, Megan) |
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Filing 47
ORAL ORDER: The Court, having reviewed the parties' discovery dispute motion, (D.I. (47 in 1:19-cv-00145-CFC-CJB, 46 in 1:19-cv-00146-CFC-CJB, 38 in 1:19-cv-00194-CFC-CJB, 38 in 1:19-cv-00147-CFC-CJB, 40 in 1:19-cv-00193-CFC-CJB), and the parties' letter briefs relating thereto, and having heard argument on July 23, 2019, hereby ORDERS as follows: (1) Defendants' requested process for production of documents from Plaintiff's other litigation will be deemed to constitute a Motion to Compel in this Court ("Motion").; (2) The parties in these cases are in agreement that the documents at issue are relevant and should be produced. However, the Court recognizes that affected third parties whose confidential information may be disclosed in such documents could disagree. (3) Therefore, Plaintiff shall notify the affected third parties of Defendants' Motion within 14 days of the date of this Order.; (4) Any third parties who object to production of their designated information must move for a protective order within 30 days after receiving such notification.; (5) If any third party files such a motion for a protective order, the third party shall accompany the motion with an opening letter brief of no more than three single-spaced pages. In this letter brief, the third party shall identify whether it is objecting to production of all documents at issue relating to the third party, or whether there are certain categories of documents to which it does not object to production (and what those documents are). The responding party shall file a responsive letter brief of no more than three single-spaced pages within three business days thereafter.; (6) After receiving any such motion for a protective order, the Court will schedule a teleconference if necessary, or may resolve the issue on the papers.; and (7) If a third party fails to seek a protective order within 30 days of receiving notice, Plaintiff shall produce the relevant documents at issue (i.e., those documents at issue as to which Plaintiff withheld production solely due to the documents' inclusion of that third party's information) to Defendants within 7 days.Ordered by Judge Christopher J. Burke on 7/23/2019. Associated Cases: 1:19-cv-00145-CFC-CJB, 1:19-cv-00146-CFC-CJB, 1:19-cv-00147-CFC-CJB, 1:19-cv-00193-CFC-CJB, 1:19-cv-00194-CFC-CJB(mlc)
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| Minute Entry for proceedings held before Judge Christopher J. Burke - Discovery dispute teleconference held on 7/23/2019. The Court heard argument on the parties' dispute relating to production of documents from prior litigations, (D.I. 47 ). The Court will issue an order. (Court Reporter Stacy Vickers (Hawkins). Clerk: M. Crawford) Appearances: M. Haney, A. Kellman, E. Geist, K. Bi for Plaintiff; J. Shaw, E. Reines, M. Hotze for Defendants. Associated Cases: 1:19-cv-00145-CFC-CJB, 1:19-cv-00146-CFC-CJB, 1:19-cv-00147-CFC-CJB, 1:19-cv-00193-CFC-CJB, 1:19-cv-00194-CFC-CJB(mlc) |
| Filing 46 Letter to The Honorable Christopher J. Burke from Karen E. Keller regarding Discovery Dispute. (Attachments: #1 Exhibit 1, #2 Text of Proposed Order)(Keller, Karen) |
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Filing 45
PROTECTIVE ORDER. Signed by Judge Christopher J. Burke on 7/16/2019. (dlb)
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| Filing 44 PROPOSED ORDER [Proposed] Protective Order by Sound View Innovations, LLC. (Haney, Megan) |
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Filing 43
SO ORDERED, re #40 STIPULATION of Dismissal Without Prejudice Regarding Claim For Infringement Of U.S. Patent No. 5,806,062. Signed by Judge Colm F. Connolly on 7/15/2019. (nmf)
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SO ORDERED D.I. (41 in 1:19-cv-00147-CFC-CJB, 49 in 1:19-cv-00145-CFC-CJB, 42 in 1:19-cv-00193-CFC-CJB, 48 in 1:19-cv-00146-CFC-CJB, 40 in 1:19-cv-00194-CFC-CJB) STIPULATION TO EXTEND TIME Protective Order Deadline to July 15, 2019 filed by Sound View Innovations, LLC. Ordered by Judge Christopher J. Burke on 7/15/2019. Associated Cases: 1:19-cv-00145-CFC-CJB, 1:19-cv-00146-CFC-CJB, 1:19-cv-00147-CFC-CJB, 1:19-cv-00193-CFC-CJB, 1:19-cv-00194-CFC-CJB(dlb)
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| Filing 42 Letter to The Honorable Christopher J. Burke from John C. Phillips, Jr. regarding Regarding Discovery Dispute. (Attachments: #1 Exhibit 1)(Haney, Megan) |
| Filing 41 STIPULATION TO EXTEND TIME Protective Order Deadline to July 15, 2019 - filed by Sound View Innovations, LLC. (Haney, Megan) |
| Filing 40 STIPULATION of Dismissal Without Prejudice Regarding Claim For Infringement Of U.S. Patent No. 5,806,062 by The CW Network LLC. (Keller, Karen) |
| Filing 39 NOTICE OF SERVICE of Defendants Responses and Objections to Sound Views First Set of Requests for Production (Nos. 1-66) filed by The CW Network LLC.(Keller, Karen) |
| Filing 38 Joint MOTION for Teleconference to Resolve Discovery Dispute - filed by Sound View Innovations, LLC. Motions referred to Christopher J. Burke.(Haney, Megan) |
| Filing 37 STIPULATION TO EXTEND TIME (and proposed order) to submit proposed Protective Order to July 12, 2019 - filed by QVC, Inc., CBS Corporation, CBS Interactive Inc., CBS News Inc., CBS Sports Inc., Showtime Digital Inc., Showtime Networks Inc., AMC Networks, Inc., AMC Premiere LLC, Digital Store LLC, IFC In Theaters LLC, IFC TV LLC, Shudder LLC, SundanceTV LLC, WE tv LLC, HSN, Inc., The CW Network LLC. (Keller, Karen) |
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Filing 36
ORAL ORDER: The Court, having reviewed the parties July 1, 2019 letter regarding production of documents from prior litigations, has determined that the lingering dispute should be treated as a discovery dispute pursuant to the Scheduling Order. Therefore, the Court hereby ORDERS that the procedures for resolving a discovery dispute set out in the Scheduling Order will be modified as follows with regard to this dispute: (1) The parties shall file a joint "Motion for Teleconference to Resolve Discovery Dispute," the text of which can be found in the "Forms" tab of Judge Burke's page on the District Court's website.; (2) A discovery dispute teleconference is set for July 23, 2019 at 10:00 AM before Judge Burke.; (3) By no later than July 12, 2019, Plaintiff may file a supplemental letter, not to exceed three (3) pages, in no less than 12-point font, providing more information about its position on the issue (including any more information it can provide as to what is the likely scope of the disputed document production at issue, and how many third parties confidential information are likely included/referenced in those documents). By no later than July 17, 2019, Defendants may file a supplemental letter, not to exceed three (3) pages, in no less than 12-point font, providing more information about their position on the issue.; (4) Two courtesy copies of the letters are to be hand-delivered to the Clerk's Office within one hour of e-filing.; (5) It is possible that the Court may choose to resolve the dispute prior to the telephone conference. If it does so, it will cancel the teleconference. Ordered by Judge Christopher J. Burke on 7/8/2019. Associated Cases: 1:19-cv-00145-CFC-CJB, 1:19-cv-00146-CFC-CJB, 1:19-cv-00147-CFC-CJB, 1:19-cv-00193-CFC-CJB, 1:19-cv-00194-CFC-CJB(dlb)
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Filing 35
ORAL ORDER: The Court, having reviewed the parties' July 1, 2019 joint letter regarding case narrowing, hereby ORDERS as follows: (1) The Claim Narrowing Schedule proposed by the parties in their letter is ADOPTED.; (2) The numerical limitations on prior art references and combinations referenced in the letter (i.e., relating to the two "Prior Art Election[s]") apply only to references used to show the existence of claim limitations in the prior art.; (3) Defendants are not foreclosed from citing to or relying on other references to establish, for example, the state of the art, knowledge possessed by a person of skill in the art, a motivation to combine, or other context surrounding obviousness.; and (4) That said, the Court expects that Defendants' final invalidity contentions will be fulsome. It may be that even though a particular reference is not relied on in such contentions by Defendants to show the existence of a claim limitation in the prior art, the reference should still be mentioned in those contentions, in order to give Plaintiff a fair and meaningful understanding of the defendants' invalidity arguments as to that claim. Any decision on whether Defendants' final invalidity contentions are sufficient is premature; it will be a fact- and case-specific decision made later in this case, if the substance of those contentions are challenged by Plaintiff. Ordered by Judge Christopher J. Burke on 7/8/2019. Associated Cases: 1:19-cv-00145-CFC-CJB, 1:19-cv-00146-CFC-CJB, 1:19-cv-00147-CFC-CJB, 1:19-cv-00193-CFC-CJB, 1:19-cv-00194-CFC-CJB(dlb)
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| CORRECTING ENTRY: CORRECTING ENTRY: The pdf of D.I. #30 has been replaced with the correct document per request of filer. (The Notice of Service is now attached instead of the initial disclosures.) (nmf) |
| Pro Hac Vice Attorney Michael Ling, Frederick Ding for Sound View Innovations, 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. (myr) |
| Filing 34 NOTICE OF SERVICE of Sound View Innovations, LLC's Disclosures Pursuant to Paragraph 3 of the Delaware Default Standard for Discovery filed by Sound View Innovations, LLC.(Phillips, John) |
| Filing 33 Letter to the Honorable Christopher J. Burke from John C. Phillips, Jr. regarding Production of Documents from Prior Litigations. (Attachments: #1 Exhibit 1-2)(Phillips, John) |
| Filing 32 Letter to the Honorable Christopher J. Burke from John C. Phillips, Jr. regarding Case Narrowing. (Phillips, John) |
| Filing 31 NOTICE OF SERVICE of Defendant's Initial Disclosures filed by The CW Network LLC.(Hoeschen, Nathan) |
| Filing 30 NOTICE OF SERVICE of Plaintiff's Initial Disclosures Pursuant to Fed. R. Civ. P. 26 filed by Sound View Innovations, LLC.(Haney, Megan) (Main Document 30 replaced on 7/8/2019) (nmf, ). |
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SO ORDERED D.I. (29 in 1:19-cv-00194-CFC-CJB, 36 in 1:19-cv-00145-CFC-CJB, 29 in 1:19-cv-00193-CFC-CJB, 35 in 1:19-cv-00146-CFC-CJB, 29 in 1:19-cv-00147-CFC-CJB) STIPULATION that the time for the parties to submit a joint letter indicating the status of the parties discussions on the issue of case narrowing is extended by one week to July 1, 2019, filed by Showtime Digital Inc., Showtime Networks Inc., CBS Sports Inc., CBS News Inc., CBS Interactive Inc., CBS Corporation. Ordered by Judge Christopher J. Burke on 6/25/2019. Associated Cases: 1:19-cv-00145-CFC-CJB, 1:19-cv-00146-CFC-CJB, 1:19-cv-00147-CFC-CJB, 1:19-cv-00193-CFC-CJB, 1:19-cv-00194-CFC-CJB(dlb)
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| Filing 29 STIPULATION that the time for the parties to submit a joint letter indicating the status of the parties discussions on the issue of case narrowing is extended by one week to July 1, 2019 re (26 in 1:19-cv-00147-CFC-CJB, 26 in 1:19-cv-00194-CFC-CJB, 33 in 1:19-cv-00145-CFC-CJB, 26 in 1:19-cv-00193-CFC-CJB) Oral Order,,,, by CBS Corporation, CBS Interactive Inc., CBS News Inc., CBS Sports Inc., Showtime Digital Inc., Showtime Networks Inc.. (Shaw, John) |
| Filing 28 STIPULATION TO EXTEND TIME to submit a joint letter indicating whether the issues relating to the production of documents from prior litigations involving the same patents-in-suit have been resolved to July 1, 2019 - filed by Sound View Innovations, LLC. (Phillips, John) |
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SO ORDERED D.I. Nos. (35 in 1:19-cv-00145-CFC-CJB, 28 in 1:19-cv-00147-CFC-CJB, 28 in 1:19-cv-00194-CFC-CJB, 28 in 1:19-cv-00193-CFC-CJB, 34 in 1:19-cv-00146-CFC-CJB) STIPULATION TO EXTEND TIME to submit a joint letter indicating whether the issues relating to the production of documents from prior litigations involving the same patents-in-suit have been resolved to July 1, 2019 filed by Sound View Innovations, LLC. Ordered by Judge Christopher J. Burke on 6/21/2019. Associated Cases: 1:19-cv-00145-CFC-CJB, 1:19-cv-00146-CFC-CJB, 1:19-cv-00147-CFC-CJB, 1:19-cv-00193-CFC-CJB, 1:19-cv-00194-CFC-CJB(dlb)
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SO ORDERED D.I. Nos. (9 in 1:19-cv-00964-CFC-CJB, 27 in 1:19-cv-00194-CFC-CJB, 16 in 1:19-cv-00660-CFC-CJB, 15 in 1:19-cv-00659-CFC-CJB) MOTION for Pro Hac Vice Appearance of Attorney Michael Ling and Frederick Ding filed by Sound View Innovations, LLC, and D.I. Nos. (27 in 1:19-cv-00147-CFC-CJB, 34 in 1:19-cv-00145-CFC-CJB, 27 in 1:19-cv-00193-CFC-CJB, 33 in 1:19-cv-00146-CFC-CJB) MOTION for Pro Hac Vice Appearance of Attorney Michael Ling and Frederick Ding filed by Sound View Innovations, LLC. Ordered by Judge Christopher J. Burke on 6/20/2019. Associated Cases: 1:19-cv-00194-CFC-CJB et al.(dlb)
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| Filing 27 MOTION for Pro Hac Vice Appearance of Attorney Michael Ling and Frederick Ding - filed by Sound View Innovations, LLC. Motions referred to Christopher J. Burke.(Haney, Megan) |
| 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 # http://www.ded.uscourts.gov/general-orders/magistrate-judges-standing-order-adr-mediation Associated Cases: 1:19-cv-00145-CFC-CJB, 1:19-cv-00146-CFC-CJB, 1:19-cv-00147-CFC-CJB, 1:19-cv-00193-CFC-CJB, 1:19-cv-00194-CFC-CJB(cak) |
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Filing 26
ORAL ORDER: The Court HEREBY ORDERS that by no later than June 24, 2019, the parties shall further meet and confer regarding the issue of case narrowing, and shall submit a joint letter of no more than 4 single-spaced pages that indicates whether the parties have reached agreement on the issue, and if not, that sets out their competing views as to how and when Plaintiff's asserted claims and Defendants' invalidity case should be narrowed (e.g., whether such narrowing should occur at one stage or two, when those stages should occur, how many claims and references/combinations/invalidity arguments each side should be limited to per stage, and why). The parties may also benefit by consulting the Court's decisions on case narrowing in other patent matters, including Civil Action Nos. 18-300, 17-1390, 17-871, 17-600, 16-380, 15-980, 15-819, and 14-721. After receiving the letter, the Court will determine whether a further status teleconference with the parties is necessary. Ordered by Judge Christopher J. Burke on 6/10/2019. Associated Cases: 1:19-cv-00145-CFC-CJB, 1:19-cv-00146-CFC-CJB, 1:19-cv-00147-CFC-CJB, 1:19-cv-00193-CFC-CJB, 1:19-cv-00194-CFC-CJB(mlc)
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Filing 25
ORAL ORDER: By no later than June 24, 2019, the parties shall file a joint letter of no more than 2 pages indicating whether the issues relating to the production of documents from prior litigations involving the same patents-in-suit, (see Civil Action No. 19-145-CFC-CJB, D.I. 22 at 2), have been resolved. If they have not, the parties shall indicate the issues that remain in dispute and the parties respective positions. The Court will subsequently enter an order to facilitate resolution of any remaining issues. Ordered by Judge Christopher J. Burke on 6/10/2019. Associated Cases: 1:19-cv-00145-CFC-CJB, 1:19-cv-00146-CFC-CJB, 1:19-cv-00147-CFC-CJB, 1:19-cv-00193-CFC-CJB, 1:19-cv-00194-CFC-CJB(mlc)
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Filing 24
SCHEDULING ORDER: Case referred to the Magistrate Judge for the purpose of exploring ADR. Joinder of Parties due by 2/27/2020. Amended Pleadings due by 2/27/2020. Fact Discovery completed by 7/9/2020. Status Report due by 5/14/2020. Dispositive Motions due by 12/10/2020. A Markman Hearing is set for 1/8/2020 at 11:00 AM in Courtroom 2A before Judge Christopher J. Burke.. Signed by Judge Christopher J. Burke on 6/10/2019. (mlc)
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| Filing 23 NOTICE OF SERVICE of (1) Sound View's First Set of Common Interrogatories (Nos. 1-6); and (2) Sound View's First Set of Requests for Production to The CW Network, LLC (Nos. 1-66) filed by Sound View Innovations, LLC.(Haney, Megan) |
| Filing 22 PROPOSED ORDER Scheduling Order by Sound View Innovations, LLC. (Phillips, John) |
| Filing 21 Letter to The Honorable Christopher J. Burke from John C. Phillips, Jr. regarding proposed scheduling order. (Phillips, John) |
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Filing 20
ORAL ORDER: The Court hereby ORDERS that the parties proposed revised scheduling order due by the close of business on June 7, 2019 shall utilize language consistent with paragraphs 19-25 of Judge Connolly's "Patent Case Form Scheduling Order for Cases Where Infringement is Alleged" (i.e., regarding the portions of the case schedule from the case dispositive motion stage through trial). Ordered by Judge Christopher J. Burke on 6/4/2019. Associated Cases: 1:19-cv-00145-CFC-CJB, 1:19-cv-00146-CFC-CJB, 1:19-cv-00147-CFC-CJB, 1:19-cv-00193-CFC-CJB, 1:19-cv-00194-CFC-CJB(dlb)
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| Minute Entry for proceedings held before Judge Christopher J. Burke - Case Management/Scheduling Conference held on 6/3/2019. The Court resolved the parties' disputes and provided the Markman date to counsel. Plaintiff's counsel shall submit a proposed revised scheduling order by the close of business on 6/7/19. (Court Reporter Stacy Vickers (Hawkins). Clerk: M. Crawford) Appearances: M. Haney, A. Kellman, E. Geist, K. Bi for Plaintiff; J. Shaw, E. Reines, B. Chang for Defendants. Associated Cases: 1:19-cv-00145-CFC-CJB, 1:19-cv-00146-CFC-CJB, 1:19-cv-00147-CFC-CJB, 1:19-cv-00193-CFC-CJB, 1:19-cv-00194-CFC-CJB(mlc) |
| Filing 19 NOTICE OF SERVICE of Plaintiff Sound View Innovations, LLC's Initial Identification of Accused Products, Damages Model and Asserted Patents filed by Sound View Innovations, LLC.(Haney, Megan) |
| Case Reassigned to Judge Colm F. Connolly. Please include the initials of the Judge (CFC) after the case number on all documents filed. Associated Cases: 1:19-cv-00145-CFC et al.(nmg) |
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Filing 18
ORAL ORDER: The Case Management/Scheduling Conference set for 6/3/2019 at 01:30 PM before Judge Christopher J. Burke will be a teleconference. Counsel for Plaintiff shall initiate the call Ordered by Judge Christopher J. Burke on 5/20/2019. Associated Cases: 1:19-cv-00145-MN-CJB, 1:19-cv-00146-MN-CJB, 1:19-cv-00147-MN-CJB, 1:19-cv-00193-MN-CJB, 1:19-cv-00194-MN-CJB(dlb)
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Filing 17
Oral Order Setting Case Management/Scheduling Conference: A Case Management/Scheduling Conference is set for 6/3/2019 at 01:30 PM in Courtroom 2A before Judge Christopher J. Burke. Ordered by Judge Christopher J. Burke on 5/20/2019. Associated Cases: 1:19-cv-00145-MN-CJB, 1:19-cv-00146-MN-CJB, 1:19-cv-00147-MN-CJB, 1:19-cv-00193-MN-CJB, 1:19-cv-00194-MN-CJB(dlb)
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| Filing 16 PROPOSED ORDER Scheduling Order re (15 in 1:19-cv-00193-MN-CJB) Letter, by Sound View Innovations, LLC. (Phillips, John) |
| Filing 15 Letter to the Honorable Christopher J. Burke from John C. Phillips, Jr. regarding Proposed Scheduling Order and Case Management Checklist. (Attachments: #1 AMC Checklist, #2 CBS Checklist, #3 HSN Checklist, #4 QVC Checklist, #5 CW Checklist)(Phillips, John) |
| Filing 14 STIPULATION TO EXTEND TIME to submit Proposed Scheduling Order and other items required by the Court's April 10, 2019 Oral Order to May 17, 2019 - filed by Sound View Innovations, LLC. (Phillips, John) |
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SO ORDERED D.I. (20 in 1:19-cv-00146-MN-CJB, 14 in 1:19-cv-00193-MN-CJB, 14 in 1:19-cv-00194-MN-CJB, 14 in 1:19-cv-00147-MN-CJB) STIPULATION TO EXTEND TIME to submit Proposed Scheduling Order and other items required by the Court's April 10, 2019 Oral Order to May 17, 2019 filed by Sound View Innovations, LLC. Ordered by Judge Christopher J. Burke on 5/10/2019. Associated Cases: 1:19-cv-00146-MN-CJB, 1:19-cv-00147-MN-CJB, 1:19-cv-00193-MN-CJB, 1:19-cv-00194-MN-CJB(dlb)
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Filing 13
ORAL ORDER: IT IS HEREBY ORDERED that the parties shall meet and confer and discuss, in person and/or by telephone, each of the matters listed on Judge Burke's Case Management Checklist ("Checklist"). Within thirty (30) days from the date of this Order, the parties shall jointly file the following: (i) a copy of the Checklist, indicating the names of Lead Counsel and Delaware Counsel for each party; (ii) a proposed Scheduling Order, which is consistent with Judge Burke's "Rule 16 Scheduling Order - Patent" up through and including paragraph number 16 (i.e., regarding the portions of the case schedule leading up to but not including the case dispositive motion stage of the case) and that is consistent with paragraphs 15-22 of Judge Noreika's "Patent Scheduling Order - Non-ANDA" (i.e., regarding the portions of the case schedule from the case dispositive motion stage through post-trial motions); and (iii) a letter, not to exceed three pages, that contains the following: (a) a description of what this case is about; (b) the parties' positions regarding any disputes in the proposed Scheduling Order, and (c) a list of the three most significant topics (other than Scheduling Order disputes) discussed during the parties' review of the Checklist items, along with a brief description as to what was discussed as to those topics. Thereafter, the Court may schedule a Case Management Conference/Rule 16 Scheduling Conference to be held with Judge Burke. The Checklist and both Scheduling Orders can be found on Judge Burke's/Judge Noreika's portions of the District Court's website. Ordered by Judge Christopher J. Burke on 4/10/2019. Associated Cases: 1:19-cv-00145-MN-CJB, 1:19-cv-00146-MN-CJB, 1:19-cv-00147-MN-CJB, 1:19-cv-00193-MN-CJB, 1:19-cv-00194-MN-CJB(dlb)
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Filing 12
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-XXXX-MN-CJB. ORDERED by Judge Maryellen Noreika on 4/10/2019. (dlw)
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| Pro Hac Vice Attorney Kathryn Bi for Sound View Innovations, 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. Associated Cases: 1:19-cv-00145-MN, 1:19-cv-00146-MN, 1:19-cv-00147-MN, 1:19-cv-00193-MN, 1:19-cv-00194-MN(ceg) |
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SO ORDERED re (11 in 1:19-cv-00147-MN, 11 in 1:19-cv-00193-MN, 17 in 1:19-cv-00146-MN, 11 in 1:19-cv-00194-MN, 18 in 1:19-cv-00145-MN) MOTION for Pro Hac Vice Appearance of Attorney Kathryn Bi filed by Sound View Innovations, LLC. ORDERED by Judge Maryellen Noreika on 4/3/2019.(dlw)
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| Filing 11 MOTION for Pro Hac Vice Appearance of Attorney Kathryn Bi - filed by Sound View Innovations, LLC. (Attachments: #1 Certification of Kathryn Bi)(Haney, Megan) |
| Filing 10 ANSWER to #1 Complaint, with Jury Demand by The CW Network LLC.(Shaw, John) |
| Filing 9 Disclosure Statement pursuant to Rule 7.1: identifying Other Affiliate CBS Corporation, Other Affiliate AT&T Inc., Other Affiliate National Amusements, Inc., Other Affiliate WB Communications Inc., Other Affiliate WB Communications II LLC, Other Affiliate CBS CW Network Partner LLC for The CW Network LLC filed by The CW Network LLC. (Shaw, John) |
| Pro Hac Vice Attorney Edward R. Reines,Amanda Branch,Brian Chang,Melissa Hotze for The CW Network 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. (lak) |
| Filing 8 MOTION for Pro Hac Vice Appearance of Attorney Edward R. Reines, Amanda Branch, Brian Chang, Melissa Hotze - filed by The CW Network LLC. (Shaw, John) |
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SO ORDERED re #8 MOTION for Pro Hac Vice Appearance of Attorney Edward R. Reines, Amanda Branch, Brian Chang, Melissa Hotze filed by The CW Network LLC. ORDERED by Judge Maryellen Noreika on 2/25/2019. (dlw)
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SO ORDERED re #7 STIPULATION TO EXTEND TIME to Respond to the Complaint to March 21, 2019 (Set/Reset Answer Deadlines: The CW Network LLC answer due 3/21/2019). ORDERED by Judge Maryellen Noreika on 2/21/2019. (dlw)
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| Filing 7 STIPULATION TO EXTEND TIME to Respond to the Complaint to March 21, 2019 - filed by The CW Network LLC. (Shaw, John) |
| Pro Hac Vice Attorney Carson Olsheski,Edward B. Geist,Richard M. Cowell,Alan S. Kellman for Sound View Innovations, 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. (lak) |
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SO ORDERED re #6 MOTION for Pro Hac Vice Appearance of Attorney Alan S. Kellman, Richard M. Cowell, Edward Geist and Carson Olsheski filed by Sound View Innovations, LLC. ORDERED by Judge Maryellen Noreika on 2/14/2019. (dlw)
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| Filing 6 MOTION for Pro Hac Vice Appearance of Attorney Alan S. Kellman, Richard M. Cowell, Edward Geist and Carson Olsheski - filed by Sound View Innovations, LLC. (Haney, Megan) |
| Case Reassigned to Judge Maryellen Noreika. Please include the initials of the Judge (MN) after the case number on all documents filed. Associated Cases: 1:19-cv-00145-MN, 1:19-cv-00146-MN, 1:19-cv-00147-MN (rjb) |
| Filing 5 SUMMONS Returned Executed by Sound View Innovations, LLC. The CW Network LLC served on 1/29/2019, answer due 2/19/2019. (Phillips, John) |
| Case Assigned to Judge Richard G. Andrews. Please include the initials of the Judge (RGA) after the case number on all documents filed. Associated Cases: 1:19-cv-00145-RGA, 1:19-cv-00146-RGA, 1:19-cv-00147-RGA (rjb) |
| Summons Issued with Magistrate Consent Notice attached as to The CW Network LLC on 1/28/2019. Requesting party or attorney should pick up issued summons at the Help Desk, Room 4209, or call 302-573-6170 and ask the Clerk to mail the summons to them. (lak) |
| Filing 4 Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Sound View Innovation Holdings, LLC for Sound View Innovations, LLC filed by Sound View Innovations, LLC. (lak) |
| Filing 3 Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 5,806,062 ;6,708,213. (lak) |
| Filing 2 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (lak) |
| Filing 1 COMPLAINT FOR PATENT INFRINGEMENT - filed with Jury Demand against The CW Network LLC - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number 0311-2553742.) - filed by Sound View Innovations, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Civil Cover Sheet)(lak) |
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