Blue Spike LLC et al v. Comcast Cable Communications, LLC
| Blue Spike LLC, Wistaria Trading Ltd. and Blue Spike International Ltd. |
| Comcast Cable Communications, LLC |
| 1:2019cv00159 |
| January 28, 2019 |
| US District Court for the District of Delaware |
| Christopher J Burke |
| Leonard P Stark |
| Patent |
| 35 U.S.C. § 271 |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 1, 2020. A more recent docket listing may be available from PACER.
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SO ORDERED, re #69 Stipulation of Dismissal filed by Blue Spike LLC, Blue Spike International Ltd., Wistaria Trading Ltd., ***Civil Case Terminated. Signed by Judge Leonard P. Stark on 11/25/20. (ntl)
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| Filing 69 STIPULATION of Dismissal With Prejudice by Blue Spike International Ltd., Blue Spike LLC, Wistaria Trading Ltd.. (Devlin, Timothy) |
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Filing 68
ORAL ORDER: IT IS HEREBY ORDERED that counsel shall provide the Court with a joint status report on or before December 2, 2020. ORDERED by Judge Leonard P. Stark on 11/23/20. (ntl)
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SO ORDERED, re #67 Joint MOTION to Stay All Deadlines and Notice of Settlement filed by Blue Spike LLC, Blue Spike International Ltd., Wistaria Trading Ltd. -- Case stayed. Signed by Judge Leonard P. Stark on 10/13/20. (ntl)
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| Filing 67 Joint MOTION to Stay All Deadlines and Notice of Settlement - filed by Blue Spike International Ltd., Blue Spike LLC, Wistaria Trading Ltd.. (Devlin, Timothy) |
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SO ORDERED, re #66 STIPULATION TO EXTEND TIME for Defendant to Submit Reply Brief in Support of its Motion for Judgment on the Pleadings to October 9, 2020 filed by Comcast Cable Communications, LLC. Signed by Judge Leonard P. Stark on 10/5/20. (ntl)
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| Filing 66 STIPULATION TO EXTEND TIME for Defendant to Submit Reply Brief in Support of its Motion for Judgment on the Pleadings to October 9, 2020 - filed by Comcast Cable Communications, LLC. (Connolly, Arthur) |
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SO ORDERED, re #65 STIPULATION TO EXTEND TIME to Submit Reply Brief in Support of Defendant's Motion for Judgment on the Pleadings to October 2, 2020 filed by Comcast Cable Communications, LLC. Signed by Judge Leonard P. Stark on 9/23/20. (ntl)
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| Filing 65 STIPULATION TO EXTEND TIME to Submit Reply Brief in Support of Defendant's Motion for Judgment on the Pleadings to October 2, 2020 - filed by Comcast Cable Communications, LLC. (Connolly, Arthur) |
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SO ORDERED, re #63 STIPULATION TO EXTEND TIME to SUBMIT Final Infringement and Invalidity Contentions to September 18, 2020 for Plaintiffs' Final Infringement Contentions and October 20, 2020 for Defendant's Final Invalidity Contentions filed by Blue Spike LLC, Blue Spike International Ltd., Wistaria Trading Ltd. Signed by Judge Leonard P. Stark on 9/22/20. (ntl)
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| Filing 64 NOTICE OF SERVICE of Plaintiffs' Infringement Contentions filed by Blue Spike International Ltd., Blue Spike LLC, Wistaria Trading Ltd..(Devlin, Timothy) |
| Filing 63 STIPULATION TO EXTEND TIME to SUBMIT Final Infringement and Invalidity Contentions to September 18, 2020 for Plaintiffs' Final Infringement Contentions and October 20, 2020 for Defendant's Final Invalidity Contentions - filed by Blue Spike International Ltd., Blue Spike LLC, Wistaria Trading Ltd.. (Devlin, Timothy) |
| Filing 62 DECLARATION re #61 Answering Brief in Opposition by Blue Spike International Ltd., Blue Spike LLC, Wistaria Trading Ltd.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Devlin, Timothy) |
| Filing 61 ANSWERING BRIEF in Opposition re #55 MOTION for Judgment on the Pleadings filed by Blue Spike International Ltd., Blue Spike LLC, Wistaria Trading Ltd..Reply Brief due date per Local Rules is 9/22/2020. (Devlin, Timothy) |
| Filing 60 Official Transcript of Telephone Conference held on September 4, 2020 before Chief Judge Leonard P. Stark. Court Reporter Brian Gaffigan, Email: gaffigan@verizon.net. Transcript may be viewed at the court public terminal or ordered/purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 10/5/2020. Redacted Transcript Deadline set for 10/14/2020. Release of Transcript Restriction set for 12/14/2020.(bpg) |
| Filing 59 NOTICE OF SERVICE of Comcast Cable Communications, LLCs Responses to Plaintiffs First Set of Requests for Production (Nos. 1-81) and Responses to Plaintiffs First Set of Interrogatories (Nos. 1-14) filed by Comcast Cable Communications, LLC.(Connolly, Arthur) |
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Filing 58
ORAL ORDER: For the reasons stated on today's teleconference, IT IS HEREBY ORDERED that Comcast's motion to strike (D.I. 38) Blue Spike's infringement contentions relating to U.S. Patent Nos. 7,475,246 and 8,739,295 (together, with U.S. Patent No. 9,934,408, referred to as the "Secure Server Patents") and U.S. Patent Nos. 9,021,602 and 9,104,842 (referred to as the "Watermarking Patents") is GRANTED. ORDERED by Judge Leonard P. Stark on 9/4/20. (ntl)
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| Minute Entry for proceedings held before Judge Leonard P. Stark - Telephone Conference held on 9/4/2020. (Court Reporter B. Gaffigan.) (ntl) |
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Filing 57
ORAL ORDER: IT IS HEREBY ORDERED that this case is no longer referred to Magistrate Judge Burke for matters related to scheduling. After entry of this order, if a party files any motions to dismiss, stay, and/or transfer venue, relating to all or any part of the case, they shall notify Judge Burke in writing within 7 days of the filing. Judge Burke will not address any such motions until a Notice of Motion has been filed and copies of briefing have been provided to him. ORDERED by Judge Leonard P. Stark on 9/2/2020. (dlb)
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| Filing 56 OPENING BRIEF in Support re #55 MOTION for Judgment on the Pleadings filed by Comcast Cable Communications, LLC.Answering Brief/Response due date per Local Rules is 9/15/2020. (Connolly, Arthur) |
| Filing 55 MOTION for Judgment on the Pleadings - filed by Comcast Cable Communications, LLC. (Attachments: #1 Text of Proposed Order)(Connolly, Arthur) |
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Filing 54
ORAL ORDER: IT IS HEREBY ORDERED that a teleconference has been scheduled for September 4, 2020 at 1:00 p.m. regarding the motion to strike (D.I. 38). No further submissions are needed. The parties can access the teleconference by dialing 877-336-1829 and using the access code 1408971. ORDERED by Judge Leonard P. Stark on 8/26/2020. (ntl)
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| Pro Hac Vice Attorneys Paul B. Waxler and Cassandra J. Simmons for Comcast Cable Communications, 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) |
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SO ORDERED D.I. #45 MOTION for Pro Hac Vice Appearance of Attorney Paul B. Waxler and Cassandra J. Simmons filed by Comcast Cable Communications, LLC. Ordered by Judge Christopher J. Burke on 8/24/2020. (dlb)
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| Filing 53 NOTICE OF SERVICE of Plaintiffs' Objections and Responses to 2nd Set of Discovery Requests filed by Blue Spike International Ltd., Blue Spike LLC, Wistaria Trading Ltd..(Devlin, Timothy) |
| Filing 52 NOTICE OF SERVICE of Comcast Cable Communications, LLC's Initial Invalidity Contentions & References and Exhibits A to F filed by Comcast Cable Communications, LLC.(Connolly, Arthur) |
| Filing 51 NOTICE OF SERVICE of (1) Plaintiffs' First Set of Interrogatories (Nos. 1-14) to Comcast Cable Communications, LLC; and (2) Plaintiffs' First Set of Requests for Production to Comcast Cable Communications, LLC filed by Blue Spike International Ltd., Blue Spike LLC, Wistaria Trading Ltd..(Devlin, Timothy) |
| Filing 50 Joint STATUS REPORT by Comcast Cable Communications, LLC. (Connolly, Arthur) |
| Filing 49 STIPULATION TO EXTEND TIME for the production of initial invalidity contentions to August 11, 2020 - filed by Comcast Cable Communications, LLC. (Connolly, Arthur) |
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SO ORDERED D.I. #49 STIPULATION TO EXTEND TIME for the production of initial invalidity contentions to August 11, 2020 filed by Comcast Cable Communications, LLC. Ordered by Judge Christopher J. Burke on 7/24/2020. (dlb)
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| Filing 48 NOTICE OF SERVICE of (1) Comcast Cable Communications, LLC's Second Set of Interrogatories (Nos. 2-8) to Plaintiffs and (2) Comcast Cable Communications, LLC's Second Requests for Production of Documents and Things (Nos. 7-74) to Plaintiffs filed by Comcast Cable Communications, LLC.(Connolly, Arthur) |
| Filing 47 Letter to The Honorable Leonard P. Stark from Arthur G. Connolly, III regarding Joint Request for Teleconference on - re #38 MOTION to Strike Portions of Plaintiffs' Initial Infringement Contentions. (Connolly, Arthur) |
| Filing 46 Letter to The Honorable Leonard P. Stark from Arthur G. Connolly, III regarding Reply in Support of - re #38 MOTION to Strike Portions of Plaintiffs' Initial Infringement Contentions. (Connolly, Arthur) |
| Filing 45 MOTION for Pro Hac Vice Appearance of Attorney Paul B. Waxler and Cassandra J. Simmons - filed by Comcast Cable Communications, LLC. (Connolly, Arthur) |
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SO ORDERED, re #42 STIPULATION TO EXTEND TIME to Submit Opposition to Motion to Strike to July 8, 2020 filed by Blue Spike LLC, Blue Spike International Ltd., Wistaria Trading Ltd. Signed by Judge Leonard P. Stark on 7/10/20. (ntl)
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| Filing 44 Letter to The Honorable Leonard P. Stark from Timothy Devlin regarding Opposition to Comcast's Motion to Strike - re #38 MOTION to Strike Portions of Plaintiffs' Initial Infringement Contentions. (Attachments: #1 Exhibit 1)(Devlin, Timothy) |
| Filing 43 NOTICE of Appearance by Jeffrey J. Lyons on behalf of Comcast Cable Communications, LLC (Lyons, Jeffrey) |
| Filing 42 STIPULATION TO EXTEND TIME to Submit Opposition to Motion to Strike to July 8, 2020 - filed by Blue Spike International Ltd., Blue Spike LLC, Wistaria Trading Ltd.. (Devlin, Timothy) |
| Filing 41 REDACTED VERSION of #39 Exhibit to a Document, MOTION to Strike Portions of Plaintiffs' Initial Infringement Contentions by Comcast Cable Communications, LLC. (Attachments: #1 Exhibit D, #2 Exhibit E, #3 Exhibit G, #4 Exhibit H, #5 Certificate of Service)(Connolly, Arthur) |
| Filing 40 Letter to The Honorable Leonard P. Stark from Arthur G. Connolly, III - re #38 MOTION to Strike Portions of Plaintiffs' Initial Infringement Contentions. (Connolly, Arthur) |
| Filing 39 [SEALED] EXHIBIT re #38 MOTION to Strike Portions of Plaintiffs' Initial Infringement Contentions by Comcast Cable Communications, LLC. (Attachments: #1 Exhibit D, #2 Exhibit E, #3 Exhibit G, #4 Exhibit H, #5 Certificate of Service)(Connolly, Arthur) |
| Filing 38 MOTION to Strike Portions of Plaintiffs' Initial Infringement Contentions - filed by Comcast Cable Communications, LLC. (Attachments: #1 Rule 7.1.1 Certificate, #2 [Proposed] Order)(Connolly, Arthur) |
| Filing 37 AMENDED ANSWER to #1 Complaint, by Comcast Cable Communications, LLC. (Connolly, Arthur) |
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SO ORDERED D.I. #36 STIPULATION TO EXTEND TIME to SUBMIT Initial Claim Charts and Invalidity Contentions to June 19, 2020 for the production of initial claim charts and August 4, 2020 for the production of initial invalidity contentions filed by Blue Spike LLC, Blue Spike International Ltd., Wistaria Trading Ltd. Ordered by Judge Christopher J. Burke on 6/16/2020. (dlb)
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| Filing 36 STIPULATION TO EXTEND TIME to SUBMIT Initial Claim Charts and Invalidity Contentions to June 19, 2020 for the production of initial claim charts and August 4, 2020 for the production of initial invalidity contentions - filed by Blue Spike International Ltd., Blue Spike LLC, Wistaria Trading Ltd.. (Devlin, Timothy) |
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SO ORDERED D.I. #35 STIPULATION TO EXTEND TIME to SUBMIT Initial Claim Charts and Invalidity Contentions to June 15, 2020 for the initial claim charts and July 29, 2020 for the initial invalidity contentions filed by Blue Spike LLC, Blue Spike International Ltd., Wistaria Trading Ltd. Ordered by Judge Christopher J. Burke on 6/3/2020. (dlb)
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| Filing 35 STIPULATION TO EXTEND TIME to SUBMIT Initial Claim Charts and Invalidity Contentions to June 15, 2020 for the initial claim charts and July 29, 2020 for the initial invalidity contentions - filed by Blue Spike International Ltd., Blue Spike LLC, Wistaria Trading Ltd.. (Devlin, Timothy) |
| Filing 34 NOTICE OF SERVICE of (1) Comcast Cable Communications, LLC's Interrogatory (No. 1) to Plaintiffs and (2) Comcast Cable Communications, LLC's Requests for Production of Documents and Things (Nos. 1-6) to Plaintiffs filed by Comcast Cable Communications, LLC.(Connolly, Arthur) |
| Filing 33 NOTICE OF SERVICE of Core Technical Documents filed by Comcast Cable Communications, LLC.(Connolly, Arthur) |
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Filing 32
Stipulated PROTECTIVE ORDER. Signed by Judge Christopher J. Burke on 3/16/2020. (dlb)
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| Filing 31 PROPOSED ORDER Stipulated Protective Order by Blue Spike International Ltd., Blue Spike LLC, Wistaria Trading Ltd.. (Devlin, Timothy) |
| Filing 30 NOTICE OF SERVICE of Plaintiffs' Initial Disclosures filed by Blue Spike International Ltd., Blue Spike LLC, Wistaria Trading Ltd..(Devlin, Timothy) |
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SO ORDERED D.I. #28 STIPULATION TO EXTEND TIME to submit proposed protective order to March 13, 2020 filed by Blue Spike LLC, Blue Spike International Ltd., Wistaria Trading Ltd. Ordered by Judge Christopher J. Burke on 3/9/2020. (dlb)
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| Filing 29 NOTICE OF SERVICE of Comcast Cable Communications, LLC's Initial Disclosures filed by Comcast Cable Communications, LLC.(Connolly, Arthur) |
| Filing 28 STIPULATION TO EXTEND TIME to submit proposed protective order to March 13, 2020 - filed by Blue Spike International Ltd., Blue Spike LLC, Wistaria Trading Ltd.. (Devlin, Timothy) |
| Filing 27 STIPULATION TO EXTEND TIME TO SUBMIT PROTECTIVE ORDER to March 6, 2020 - filed by Blue Spike International Ltd., Blue Spike LLC, Wistaria Trading Ltd.. (Devlin, Timothy) |
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SO ORDERED D.I. (27 in 1:19-cv-00159-LPS-CJB)(45 in 1:19-cv-00158-LPS-CJB) STIPULATION TO EXTEND TIME TO SUBMIT PROTECTIVE ORDER to March 6, 2020. Ordered by Judge Christopher J. Burke on 2/28/2020. Associated Cases: 1:19-cv-00158-LPS-CJB, 1:19-cv-00159-LPS-CJB(dlb)
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| Filing 26 STIPULATION TO EXTEND TIME for the parties to submit the protective order to February 28, 2020 - filed by Blue Spike International Ltd., Blue Spike LLC, Wistaria Trading Ltd.. (Devlin, Timothy) |
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SO ORDERED D.I. (26 in 1:19-cv-00159-LPS-CJB, 44 in 1:19-cv-00158-LPS-CJB) STIPULATION TO EXTEND TIME for the parties to submit the protective order to February 28, 2020 filed by Blue Spike LLC, Blue Spike International Ltd., Wistaria Trading Ltd. Ordered by Judge Christopher J. Burke on 2/14/2020. Associated Cases: 1:19-cv-00158-LPS-CJB, 1:19-cv-00159-LPS-CJB(dlb)
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Filing 25
ORAL ORDER: If during the history of this case, Plaintiff(s) and Defendant(s) jointly wish to schedule a form of alternative dispute resolution ("ADR"), such as mediation, with Judge Burke, they should contact chambers by e-mail at Deborah_Benyo@ded.uscourts.gov or by phone. Additionally, if either side wishes to speak ex parte with Judge Burke regarding ADR matters, they may contact chambers via e-mail or by phone to arrange a time for a call. Ordered by Judge Christopher J. Burke on 1/27/2020. Associated Cases: 1:19-cv-00158-LPS-CJB, 1:19-cv-00159-LPS-CJB(dlb)
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Filing 24
SCHEDULING ORDER: Case referred to the Magistrate Judge for the purpose of exploring ADR. Discovery due by 3/15/2021. Opening Expert Reports due by 6/15/2021. Rebuttal Expert Reports due by 7/13/2021. Status Report due by 8/1/2020. Dispositive Motions due by 10/5/2021. A Motion Hearing is set for 1/4/2022 at 03:00 PM in Courtroom 6B before Judge Leonard P. Stark Claim Construction Opening Brief due by 12/18/2020. Claim Construction Answering Brief due by 1/8/2021. Claim Construction Reply Brief due by 1/21/2021. A Markman Hearing is set for 3/22/2021 at 09:00 AM in Courtroom 6B before Judge Leonard P. Stark. A Pretrial Conference is set for 7/29/2022 at 09:00 AM in Courtroom 6B before Judge Leonard P. Stark. A Jury Trial is set for 8/15/2022 at 09:30 AM in Courtroom 6B before Judge Leonard P. Stark. See Order for further details and deadlines. Signed by Judge Christopher J. Burke on 1/24/2020. Associated Cases: 1:19-cv-00158-LPS-CJB, 1:19-cv-00159-LPS-CJB(dlb)
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| CASE REFERRED to Magistrate Judge Christopher J. Burke 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: 1:19-cv-00158-LPS-CJB, 1:19-cv-00159-LPS-CJB(cak) |
| Filing 23 PROPOSED ORDER Scheduling Order by Blue Spike International Ltd., Blue Spike LLC, Wistaria Trading Ltd.. (Devlin, Timothy) |
| Minute Entry for proceedings held before Judge Christopher J. Burke - Case Management/Scheduling Conference held on 1/21/2020. The Court provided key dates and asked counsel for Plaintiffs to submit a revised proposed scheduling order by no later than close of business on January 24. (Court Reporter, Valerie Gunning) (Clerk, Benyo) APPEARANCES: T. Devlin, J. Lennon, V. Schad for Plaintiffs; K. Farnan, T. Duston, R. Ricordati III for Charter Communications Inc.; A. Connolly, D. Goettle for Comcast Cable Communications LLC. Associated Cases: 1:19-cv-00158-LPS-CJB, 1:19-cv-00159-LPS-CJB(dlb) |
| Filing 22 Joint Letter to The Honorable Leonard P. Stark from Timothy Devlin, Kelly E. Farnan, Arthur G. Connolly, and Rodger D. Smith, II regarding Rule 26(f) Joint Letter. (Attachments: #1 Proposed Scheduling Order, #2 Case Management Checklist)(Devlin, Timothy) |
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Filing 21
Oral Order Setting Telephonic Scheduling Conference: IT IS HEREBY ORDERED that the Court will hold a Case Management/Scheduling Conference (CMC) on January 21, 2020 at 10:30 a.m. in these cases. In preparation, the parties shall meet and confer and discuss, in person and/or by telephone, each of the matters listed on Chief Judge Stark's Case Management Checklist ("Checklist"). By no later than close of business on January 16, 2020, the parties shall jointly file their submissions in accordance with the Courts previous Order for CMC submissions (see, e.g., Civil Action No. 19-158-LPS-CJB, D.I. 19). Ordered by Judge Christopher J. Burke on 12/23/2019. Associated Cases: 1:19-cv-00158-LPS-CJB, 1:19-cv-00159-LPS-CJB, 1:19-cv-00160-LPS-CJB(dlb)
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SO ORDERED D.I. #20 STIPULATION TO EXTEND TIME for leave to file amended complaint to 30 days after ruling on Charter's motion to dismiss filed by Blue Spike International Ltd. Ordered by Judge Christopher J. Burke on 126/2019. (dlb)
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| Filing 20 STIPULATION TO EXTEND TIME for leave to file amended complaint to 30 days after ruling on Charter's motion to dismiss - filed by Blue Spike International Ltd.. (Devlin, Timothy) |
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Filing 19
ORDER re #17 REPORT AND RECOMMENDATION is ADOPTED and #8 MOTION to Dismiss filed by Comcast Cable Communications, LLC. is GRANTED in part and DENIED in part. Signed by Judge Leonard P. Stark on 11/4/19. (ntl)
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| Pro Hac Vice Attorney Daniel J. Goettle for Comcast Cable Communications, 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) |
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SO ORDERED D.I. #18 MOTION for Pro Hac Vice Appearance of Attorney Daniel J. Goettle and Jeffrey W. Lesovitz filed by Comcast Cable Communications, LLC. Ordered by Judge Christopher J. Burke on 9/11/2019. (dlb)
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| Pro Hac Vice Attorney Jeffrey W. Lesovitz for Comcast Cable Communications, 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 18 MOTION for Pro Hac Vice Appearance of Attorney Daniel J. Goettle and Jeffrey W. Lesovitz - filed by Comcast Cable Communications, LLC. (Connolly, Arthur) |
| Filing 17 REPORT AND RECOMMENDATIONS recommending granting-in-part D.I. #8 MOTION to Dismiss Based upon Fed. R. Civ. P. 12(b)(6) for failure to meet pleading requirements filed by Comcast Cable Communications, LLC. Please note that when filing Objections pursuant to Federal Rule of Civil Procedure 72(b)(2), briefing consists solely of the Objections (no longer than ten (10) pages) and the Response to the Objections (no longer than ten (10) pages). No further briefing shall be permitted with respect to objections without leave of the Court. Objections to R&R due by 9/20/2019. Signed by Judge Christopher J. Burke on 9/6/2019. (dlb) |
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SO ORDERED D.I. (15 in 1:19-cv-00160-LPS-CJB, 16 in 1:19-cv-00159-LPS-CJB, 10 in 1:19-cv-00161-LPS-CJB, 15 in 1:19-cv-00158-LPS-CJB) Joint STIPULATION TO EXTEND TIME Deadline to Submit Filings Required by Chief Judge Stark's Case Management Checklist to filed by Blue Spike LLC, Blue Spike International Ltd. Ordered by Judge Christopher J. Burke on 5/30/2019. Associated Cases: 1:19-cv-00158-LPS-CJB, 1:19-cv-00159-LPS-CJB, 1:19-cv-00160-LPS-CJB, 1:19-cv-00161-LPS-CJB(mlc)
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| Filing 16 Joint STIPULATION TO EXTEND TIME Deadline to Submit Filings Required by Chief Judge Stark's Case Management Checklist to - filed by Blue Spike International Ltd., Blue Spike LLC. (Devlin, Timothy) |
| Filing 15 NOTICE of Change of Address by Timothy Devlin (Devlin, Timothy) |
| Filing 14 REPLY BRIEF re #8 MOTION to Dismiss Based upon Fed. R. Civ. P. 12(b)(6) for failure to meet pleading requirements filed by Comcast Cable Communications, LLC. (Connolly, Arthur) |
| Filing 13 ANSWERING BRIEF in Opposition re #8 MOTION to Dismiss Based upon Fed. R. Civ. P. 12(b)(6) for failure to meet pleading requirements filed by Blue Spike International Ltd., Blue Spike LLC, Wistaria Trading Ltd..Reply Brief due date per Local Rules is 5/17/2019. (Devlin, Timothy) |
| Filing 12 Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Comcast Corporation for Comcast Cable Communications, LLC filed by Comcast Cable Communications, LLC. (Connolly, Arthur) (Main Document 12 replaced on 5/8/2019) (amf). |
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Filing 11
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 Chief Judge Stark'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 (consistent with the Chief Judge Stark's Revised Patent Form Scheduling Order); 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 the 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 will schedule a Case Management Conference/Rule 16 Scheduling Conference to be held with Judge Stark and/or Judge Burke. The Checklist and Revised Patent Form Scheduling Order can be found on this Court's website (www.ded.uscourts.gov/judge/chief-judge-leonard-p-stark). Ordered by Judge Christopher J. Burke on 4/30/2019. (dlb)
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| MOTION REFERRED: #8 MOTION to Dismiss Based upon Fed. R. Civ. P. 12(b)(6) for failure to meet pleading requirements Motion referred to Christopher J. Burke.(dlb) |
| Filing 10 ANSWER to #1 Complaint, Counts VIII-XII by Comcast Cable Communications, LLC.(Connolly, Arthur) |
| Filing 9 OPENING BRIEF in Support re #8 MOTION to Dismiss Based upon Fed. R. Civ. P. 12(b)(6) for failure to meet pleading requirements Counts I through VII filed by Comcast Cable Communications, LLC.Answering Brief/Response due date per Local Rules is 5/10/2019. (Connolly, Arthur) |
| Filing 8 MOTION to Dismiss Based upon Fed. R. Civ. P. 12(b)(6) for failure to meet pleading requirements - filed by Comcast Cable Communications, LLC. (Attachments: #1 [Proposed] Order)(Connolly, Arthur) |
| Filing 7 SUMMONS Returned Executed by Blue Spike LLC, Blue Spike International Ltd., Wistaria Trading Ltd.. Comcast Cable Communications, LLC served on 4/5/2019, answer due 4/26/2019. (Devlin, Timothy) |
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SO ORDERED D.I. (6 in 1:19-cv-00161-LPS-CJB, 6 in 1:19-cv-00160-LPS-CJB, 6 in 1:19-cv-00159-LPS-CJB, 6 in 1:19-cv-00158-LPS-CJB) Proposed Procedures Order filed by Blue Spike LLC, Blue Spike International Ltd., Wistaria Trading Ltd. Ordered by Judge Christopher J. Burke on 2/11/2019. Associated Cases: 1:19-cv-00158-LPS-CJB, 1:19-cv-00159-LPS-CJB, 1:19-cv-00160-LPS-CJB, 1:19-cv-00161-LPS-CJB(dlb)
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| Filing 6 PROPOSED ORDER Procedures Order by Blue Spike International Ltd., Blue Spike LLC, Wistaria Trading Ltd.. (Devlin, Timothy) |
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Filing 5
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 2/1/19. Associated Cases: 1:19-cv-00158-LPS, 1:19-cv-00159-LPS, 1:19-cv-00160-LPS, 1:19-cv-00161-LPS (ntl)
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| Case Assigned to Judge Leonard P. Stark. Please include the initials of the Judge (LPS) after the case number on all documents filed. Associated Cases: 1:19-cv-00158-LPS, 1:19-cv-00159-LPS, 1:19-cv-00160-LPS, 1:19-cv-00161-LPS (rjb) |
| Filing 4 Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Blue Spike, Inc. for Blue Spike International Ltd. filed by Blue Spike International Ltd., Blue Spike LLC, Wistaria Trading Ltd.. (Devlin, Timothy) |
| Filing 3 Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) US 7,475,246 B1 ;US 8,538,011 B2 ;US 7,159,116 B2 ;US 8,739,295 B2 ;US 9,934,408 B2. (sar) |
| Filing 2 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (sar) |
| Filing 1 COMPLAINT FOR PATENT INFRINGEMENT with Jury Demand against Comcast Cable Communications, LLC - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number 0311-2554574.) - filed by Blue Spike LLC, Blue Spike International Ltd., Wistaria Trading Ltd.. (Attachments: #1 Exhibit A-L, #2 Exhibit 1-23, #3 Civil Cover Sheet)(sar) |
| Summons Issued with Magistrate Consent Notice attached as to Comcast Cable Communications, 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. (sar) |
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