Sound View Innovations, LLC v. Walmart Inc., et al.
Sound View Innovations, LLC |
Walmart Inc. and Vudu, Inc. |
1:2019cv00660 |
April 9, 2019 |
US District Court for the District of Delaware |
Christopher J Burke |
Colm F Connolly |
Patent |
35 U.S.C. § 1 |
Plaintiff |
Docket Report
This docket was last retrieved on August 21, 2020. A more recent docket listing may be available from PACER.
Document Text |
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Filing 145 Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 5,806,062; 7,426,715; 6,725,456; 6,502,133; 6,708,213. (nmf) |
SO ORDERED, re #143 Stipulation of Dismissal filed by Sound View Innovations, LLC, (CASE CLOSED). Signed by Judge Colm F. Connolly on 8/21/2020. (nmf) |
Filing 144 Letter to the Honorable Colm F. Connolly from John C. Phillips, Jr. regarding Claim Construction. (Phillips, John) |
Filing 143 STIPULATION of Dismissal by Sound View Innovations, LLC. (Attachments: #1 Text of Proposed Order)(Haney, Megan) |
Filing 142 Interim STATUS REPORT by Sound View Innovations, LLC. (Phillips, John) |
Filing 141 ORAL ORDER: The Court, having reviewed Defendants' Motion to Stay Pending Inter Partes Review ("IPR"), (D.I. #119 ), ("Motion"), and the parties' briefs, (D.I. 120; D.I. 127; D.I. 129), and having considered the three stay-related factors, HEREBY ORDERS that Defendants' Motion is DENIED WITHOUT PREJUDICE to renew following a decision by the Patent Trial and Appeal Board ("PTAB") as to whether to institute IPR proceedings on any of the six currently-pending petitions relating to the '133, '715, '213 and '456 patents. Here, the Court will follow its own recent, prior precedent as to stay motions filed prior to a PTAB institution decision. See Blue Spike LLC v. Dish Network Corp., Civil Action No. 19-160-LPS-CJB, (D.I. 22); cf. Advanced Microscopy Inc. v. Carl Zeiss Microscopy, LLC, Civil Action No. 15-516-LPS-CJB, 2016 WL 558615, at *1-2 (D. Del. Feb. 11, 2016). As it has articulated in those cases, the Court (absent some unique circumstance not present here) does not see the wisdom in staying a case in favor of the occurrence of an event (grant of an IPR petition and subsequent institution of an IPR) that has not happened and that has a significant chance of never happening. (See D.I. 127, ex. 5 at 6) The Court also notes that this case is not exactly in its infancy, as: (1) it was filed in April 2019; (2) more than 11 months have passed since a Scheduling Order issued; and (3) the Court and the parties have expended real resources on the case (at the pleading stage, as to discovery and at the claim construction stage). In the future, if any of the pending IPR petitions are granted, and if Defendants then wish to renew their Motion, Defendants should file a one-page letter with the Court indicating their intent to do so. The Court will then set an abbreviated letter briefing schedule on the renewed motion (but will also take into account any relevant content from the briefs already filed as to the instant Motion). Ordered by Judge Christopher J. Burke on 8/5/2020. (mlc) |
Filing 140 NOTICE of Subpoenas by Sound View Innovations, LLC (Haney, Megan) |
Filing 139 NOTICE OF SERVICE of Sound View's Supplemental Responses and Objections to Defendants' First Set of Common Interrogatories (No. 3) filed by Sound View Innovations, LLC.(Haney, Megan) |
Pro Hac Vice Attorney William Yau 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-00964-CFC-CJB, 1:19-cv-00659-CFC-CJB, 1:19-cv-00660-CFC-CJB(lak) |
Filing 138 NOTICE of Subpoenas by Sound View Innovations, LLC (Attachments: #1 Exhibit A, #2 Exhibit B)(Haney, Megan) |
Pro Hac Vice Attorney Jennifer M. Przybylski 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-00964-CFC-CJB, 1:19-cv-00659-CFC-CJB, 1:19-cv-00660-CFC-CJB(mal) |
SO ORDERED D.I. (130 in 1:19-cv-00964-CFC-CJB, 136 in 1:19-cv-00660-CFC-CJB, 120 in 1:19-cv-00659-CFC-CJB) MOTION for Pro Hac Vice Appearance of Attorney Jennifer M. Przybylski and William Yau filed by Sound View Innovations, LLC. Ordered by Judge Christopher J. Burke on 6/17/2020. Associated Cases: 1:19-cv-00659-CFC-CJB, 1:19-cv-00660-CFC-CJB, 1:19-cv-00964-CFC-CJB(dlb) |
Filing 137 RESPONSE TO OBJECTIONS by Sound View Innovations, LLC re #131 Objections . (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Haney, Megan) |
Filing 136 MOTION for Pro Hac Vice Appearance of Attorney Jennifer M. Przybylski and William Yau - filed by Sound View Innovations, LLC. (Attachments: #1 Przybylski Pro Hac Certification, #2 Yau Pro Hac Certification)Motions referred to Christopher J. Burke.(Haney, Megan) |
Filing 135 Letter to The Honorable Christopher J. Burke from Karen Jacobs regarding additional inter partes review petitions. (Attachments: #1 Exhibit 13 & 14 combined)(Jacobs, Karen) |
Filing 134 NOTICE OF SERVICE of (1) Defendants Objections and Responses to Sound Views Second Set of Common Interrogatories (Nos. 9-10); (2) Defendants Objections and Responses to Sound Views Second Set of Interrogatories (No. 2); and (3) Defendants Objections and Responses to Sound Views Second Set of Requests for Production (Nos. 69-83) filed by Vudu, Inc., Walmart Inc..(Cucuzzella, Lucinda) |
Filing 133 Letter to The Honorable Colm F. Connolly from Karen Jacobs regarding courtesy copies of docket items associated with defendants' Objections to the Report & Recommendations re: claim construction (D.I. 124). (Jacobs, Karen) |
CORRECTING ENTRY: Docket entry at D.I. 131 has been corrected to reflect it is Objections to R&R regarding claim construction (D.I. #124 (dlb) |
Filing 132 STATEMENT re #131 Objections [Certificate Regarding Standing Order for Objections Filed Under Fed.R.Civ.P. 72] by Vudu, Inc., Walmart Inc.. (Jacobs, Karen) |
Filing 131 OBJECTIONS by Vudu, Inc., Walmart Inc. to #124 to Claim Construction Report & Recommendations. (Attachments: #1 Exhibit 1)(Jacobs, Karen) Modified on 6/1/2020 (dlb). |
Filing 130 DECLARATION re #129 Reply Brief [of Philip Morton] by Vudu, Inc., Walmart Inc.. (Attachments: #1 Exhibit 11-14)(Cucuzzella, Lucinda) |
Filing 129 REPLY BRIEF re #119 MOTION to Stay Pending Inter Partes Review filed by Vudu, Inc., Walmart Inc.. (Cucuzzella, Lucinda) |
Filing 128 REDACTED VERSION of #127 Answering Brief in Opposition, by Sound View Innovations, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12)(Haney, Megan) |
Filing 127 [SEALED] ANSWERING BRIEF in Opposition re #119 MOTION to Stay Pending Inter Partes Review filed by Sound View Innovations, LLC.Reply Brief due date per Local Rules is 5/27/2020. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12)(Haney, Megan) |
Filing 126 NOTICE requesting Clerk to remove Kathryn Bi as co-counsel. Reason for request: No Longer Affiliated with the case. (Haney, Megan) |
Filing 125 ORDER granting Unopposed Motion to Compel in case 1:19-cv-00964-CFC-CJB and related respective cases.Signed by Judge Christopher J. Burke on 5/15/2020. Associated Cases: 1:19-cv-00659-CFC-CJB, 1:19-cv-00660-CFC-CJB, 1:19-cv-00964-CFC-CJB(dlb) |
Filing 124 REPORT AND RECOMMENDATION regarding claim construction. 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 5/29/2020. Signed by Judge Christopher J. Burke on 5/15/2020. Associated Cases: 1:19-cv-00659-CFC-CJB, 1:19-cv-00660-CFC-CJB, 1:19-cv-00964-CFC-CJB(mlc) |
Filing 123 MOTION to Compel [Unopposed] Production of Documents & proposed Order - filed by Delta Air Lines, Inc., Vudu, Inc., Walmart Inc., Cigna Corporation, Cigna Health and Life Insurance Company. Motions referred to Christopher J. Burke.(Jacobs, Karen) |
Filing 122 Letter to The Honorable Christopher J. Burke from Karen Jacobs regarding motion to compel. (Jacobs, Karen) |
Filing 121 DECLARATION re #120 Opening Brief in Support, #119 MOTION to Stay Pending Inter Partes Review [of Phillip Morton] by Vudu, Inc., Walmart Inc.. (Attachments: #1 Exhibit 1-10)(Cucuzzella, Lucinda) |
Filing 120 OPENING BRIEF in Support re #119 MOTION to Stay Pending Inter Partes Review filed by Vudu, Inc., Walmart Inc..Answering Brief/Response due date per Local Rules is 5/20/2020. (Cucuzzella, Lucinda) |
Filing 119 MOTION to Stay Pending Inter Partes Review - filed by Vudu, Inc., Walmart Inc.. Motions referred to Christopher J. Burke.(Cucuzzella, Lucinda) |
Filing 118 NOTICE OF SERVICE of (1) Sound View's Second Set of Interrogatories (No. 2); (2) Sound View's Second Set of Common Interrogatories (Nos. 9-10); and (3) Sound View's Second Set of Requests for Production to Walmart Inc. and Vudu, Inc. (Nos. 69-83) filed by Sound View Innovations, LLC.(Haney, Megan) |
Filing 117 NOTICE of of Subpoenas by Sound View Innovations, LLC (Haney, Megan) |
Filing 116 Official Transcript of Markman hearing held on April 22, 2020 before Judge Burke. Court Reporter/Transcriber Valerie Gunning,Email: Valerie_Gunning@ded.uscourts.gov. Transcript may be viewed at the court public terminal or order/purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 5/15/2020. Redacted Transcript Deadline set for 5/26/2020. Release of Transcript Restriction set for 7/23/2020. (vjg) |
Minute Entry for proceedings held before Judge Christopher J. Burke Markman Hearing held on April 22, 2020. The Court heard the parties' arguments regarding claim construction. The Court took matters under advisement. (Clerk: Schwerin) APPEARANCES: A. Kellman, E. Geist, K. Bi, F. Ding, M. Haney and N. Taylor for Plaintiff; A. Rossi, A. Altersohn, S. Baskin, J. Weinberg, and K. Patel for Defendant Delta; K. Jacobs, P. Morton and H. KeefE for Defendant Wal-Mart; R. Crisler and D. Conrad for Defendant Cigna. Court Reporter Val Gunning. (dlb) Associated Cases: 1:19-cv-00659-CFC-CJB, 1:19-cv-00660-CFC-CJB, 1:19-cv-00964-CFC-CJB(dlb) |
Filing 115 ANSWER to #1 Complaint, with Jury Demand by Vudu, Inc., Walmart Inc..(Cucuzzella, Lucinda) |
Filing 114 NOTICE of Subsequent Authority for Claim Construction of U.S. Patent No. 6,708,213 by Vudu, Inc., Walmart Inc. (Attachments: #1 Exhibit A)(Cucuzzella, Lucinda) |
Filing 113 Letter to the Honorable Christopher J. Burke from John C. Phillips, Jr. regarding Amended Joint Claim Construction Chart - re (133 in 1:19-cv-00145-CFC-CJB, 111 in 1:19-cv-00964-CFC-CJB, 132 in 1:19-cv-00146-CFC-CJB, 124 in 1:19-cv-00147-CFC-CJB, 104 in 1:19-cv-00659-CFC-CJB, 128 in 1:19-cv-00194-CFC-CJB, 112 in 1:19-cv-00660-CFC-CJB) Claim Construction Chart,. (Phillips, John) |
Filing 112 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)(Phillips, John) |
ORAL ORDER re (110 in 1:19-cv-00660-CFC-CJB, 102 in 1:19-cv-00659-CFC-CJB, 108 in 1:19-cv-00964-CFC-CJB) Memorandum Order. On 4/3/2020, the Court withdrew the reference as to the Motions to Dismiss only. The case remains referred to Magistrate Judge Burke for 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). Ordered by Judge Colm F. Connolly on 4/3/2020. Associated Cases: 1:19-cv-00659-CFC-CJB, 1:19-cv-00660-CFC-CJB, 1:19-cv-00964-CFC-CJB(nmf) |
Filing 111 ORAL ORDER: The Court, having considered the parties' joint letter, (D.I. 130 in Civil Action No. 19-145-CFC-CJB), HEREBY ADOPTS the parties' proposed format for the order of terms and of arguments for the upcoming Markman hearing. (Id. at 1-2). The Court will work with the parties to attempt to hold the hearing by videoconference, and also ADOPTS the parties' proposal for submission of demonstratives. (Id. at 2) Ordered by Judge Christopher J. Burke on 4/3/2020. Associated Cases: 1:19-cv-00145-CFC-CJB et al.(mlc) |
Filing 110 MEMORANDUM ORDER denying (9 in 1:19-cv-00659-CFC-CJB) MOTION to Dismiss for Failure to State a Claim (Counts Two and Four of Complaint), denying (12 in 1:19-cv-00964-CFC-CJB) MOTION to Dismiss for Failure to State a Claim , denying (10 in 1:19-cv-00660-CFC-CJB) MOTION to Dismiss for Failure to State a Claim . Signed by Judge Colm F. Connolly on 4/3/2020. Associated Cases: 1:19-cv-00659-CFC-CJB, 1:19-cv-00660-CFC-CJB, 1:19-cv-00964-CFC-CJB(nmf) |
Filing 109 JOINT CLAIM CONSTRUCTION BRIEF U.S. Patent Nos. 6,725,456 and 7,426,715 filed by Sound View Innovations, LLC. (Phillips, John) |
Filing 108 Letter to The Honorable Christopher J. Burke from John C. Phillips, Jr. regarding format for Markman hearing. (Phillips, John) |
Filing 107 NOTICE of Withdrawal of Counsel (Jeffrey J. Lyons) by Vudu, Inc., Walmart Inc. (Lyons, Jeffrey) |
Filing 106 NOTICE OF SERVICE of Defendants' Sur-Reply Claim Construction Brief on U.S. Patent Nos. 7,426,715 and 6,725,456 filed by Delta Air Lines, Inc..(Blumenfeld, Jack) |
Filing 105 Letter to The Honorable Christopher J. Burke from John C. Phillips, Jr. regarding Markman hearing. (Phillips, John) |
Filing 104 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) |
Filing 103 Letter to The Honorable Christopher J. Burke from Karen E. Keller regarding status report regarding Markman hearing. (Keller, Karen) |
Filing 102 NOTICE OF SERVICE of Sound View's Reply Construction Brief filed by Sound View Innovations, LLC.(Haney, Megan) |
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) |
Filing 101 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) |
Filing 100 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) |
Filing 99 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) |
Filing 98 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) |
CORRECTING ENTRY: PDF's of filings made on 2/26/20 have been swapped out at the request of the filer. D.I. 84 (19-659); D.I. 92 (19-660); D.I. 90 (19-964) D.I. 85 (19-659); D.I. 93 (19-660); D.I. 91 (19-964) Associated Cases: 1:19-cv-00659-CFC-CJB, 1:19-cv-00660-CFC-CJB, 1:19-cv-00964-CFC-CJB(dlb) |
Filing 97 [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 96 JOINT CLAIM CONSTRUCTION BRIEF filed by Sound View Innovations, LLC. (Haney, Megan) |
Filing 95 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) |
Filing 94 Letter to the Honorable Christopher J. Burke from John C. Phillips, Jr. regarding Markman Hearing. (Phillips, John) |
Filing 93 OBJECTIONS by Delta Air Lines, Inc. to (77 in 1:19-cv-00659-CFC-CJB, 83 in 1:19-cv-00660-CFC-CJB, 81 in 1:19-cv-00964-CFC-CJB) Multi Media Document, -- Defendants' Objections and Responses to Plaintiff Sound View Innovations, LLC'S Technology Tutorial Regarding Patent No. 6,725,456 --. (Blumenfeld, Jack) (Main Document 93 replaced on 2/28/2020) (dlb). |
Filing 92 NOTICE OF SERVICE of Defendants' Responsive Claim Construction Brief on U.S. Patent Nos. 7,426,715 and 6,725,456 filed by Delta Air Lines, Inc..(Blumenfeld, Jack) |
Filing 91 OBJECTIONS by Sound View Innovations, LLC to (78 in 1:19-cv-00659-CFC-CJB, 82 in 1:19-cv-00964-CFC-CJB, 84 in 1:19-cv-00660-CFC-CJB) Multi Media Document, Sound View's Objections and Comments Regarding Defendants' Claim Construction Tutorial ('456, '715 Patents)]. (Haney, Megan) |
Filing 90 NOTICE of of Withdrawal of Subpoena to FreeBSD by Vudu, Inc., Walmart Inc. (Lyons, Jeffrey) (Main Document 90 replaced on 2/28/2020) (dlb). |
Filing 89 NOTICE of of Amended Subpoena by Vudu, Inc., Walmart Inc. on Nokia of America Corporation (Attachments: #1 Exhibit 1)(Lyons, Jeffrey) |
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) |
Filing 88 STIPULATION TO EXTEND TIME to Submit Joint Letter Regarding Markman Hearing to February 26, 2020 - filed by Sound View Innovations, LLC. (Haney, Megan) |
Filing 87 NOTICE of Subpoena on Nokia of America Corporation by Vudu, Inc., Walmart Inc. (Attachments: #1 Exhibit 1)(Lyons, Jeffrey) |
Filing 86 NOTICE of Subpoenas on Carnegie Mellon, FreeBSD Foundation, and Timesys Corp. by Vudu, Inc., Walmart Inc. (Attachments: #1 Exhibits 1-3)(Lyons, Jeffrey) |
Filing 85 NOTICE OF SERVICE of Sound View's Reply Claim Construction Brief filed by Sound View Innovations, LLC.(Haney, Megan) |
Filing 84 MULTI MEDIA DOCUMENT filed by Delta Air Lines, Inc., Vudu, Inc., Walmart Inc., Cigna Corporation, Cigna Health and Life Insurance Company in the form of (2) CD's containing Defendants' Technology Tutorial. Filing related to (77 in 1:19-cv-00964-CFC-CJB, 77 in 1:19-cv-00660-CFC-CJB, 72 in 1:19-cv-00659-CFC-CJB) Letter,. (Media on file in Clerk's Office). Associated Cases: 1:19-cv-00659-CFC-CJB, 1:19-cv-00660-CFC-CJB, 1:19-cv-00964-CFC-CJB(dlb) |
Filing 83 MULTI MEDIA DOCUMENT filed by Sound View Innovations, LLC in the form of (1) CD containing Plaintiff's Technology Tutorial. Filing related to (71 in 1:19-cv-00659-CFC-CJB, 76 in 1:19-cv-00964-CFC-CJB, 76 in 1:19-cv-00660-CFC-CJB) Letter. (Media on file in Clerk's Office). Associated Cases: 1:19-cv-00659-CFC-CJB, 1:19-cv-00660-CFC-CJB, 1:19-cv-00964-CFC-CJB(dlb) |
Filing 82 NOTICE of Subpoena on Level 3 Communications, LLC by Vudu, Inc., Walmart Inc. (Attachments: #1 Exhibit 1)(Lyons, Jeffrey) |
Filing 81 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 80 NOTICE OF SERVICE of Sound View's Opening Claim Construction Brief filed by Sound View Innovations, LLC.(Haney, Megan) |
Filing 79 OBJECTIONS by Delta Air Lines, Inc., Vudu, Inc., Walmart Inc., Cigna Corporation, Cigna Health and Life Insurance Company [to Plaintiff Sound View Innovations, LLC's Technology Tutorial Regarding Patent No. 6,502,133. (Raucci, Anthony) |
Filing 78 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 77 Letter to The Honorable Christopher J. Burke from Anthony D. Raucci regarding forwarding two copies of a disc containing Defendants' technology tutorial relating to U.S. Patent Nos. 6,725,456 and 7,426,715 - re (28 in 1:19-cv-00964-CFC-CJB) Scheduling Order,, (28 in 1:19-cv-00660-CFC-CJB, 28 in 1:19-cv-00659-CFC-CJB) Scheduling Order,,. (Raucci, Anthony) |
Filing 76 Letter to The Honorable Christopher J. Burke from John C. Phillips, Jr. regarding Plaintiff's Technology Tutorial. (Phillips, John) |
Filing 75 ORAL ORDER: This matter has been referred to Chief Magistrate Judge Mary Pat Thynge for ADR. Counsel are to advise on or before Tuesday, 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 1/28/20. Associated Cases: 1:19-cv-00659-CFC-CJB, 1:19-cv-00660-CFC-CJB(cak) |
SO ORDERED D.I. (73 in 1:19-cv-00660-CFC-CJB, 68 in 1:19-cv-00659-CFC-CJB, 73 in 1:19-cv-00964-CFC-CJB) STIPULATION TO EXTEND TIME for claim construction-related deadlines to Various - See Stipulation filed by Sound View Innovations, LLC. Signed by Judge Christopher J. Burke on 1/22/2020. Associated Cases: 1:19-cv-00659-CFC-CJB, 1:19-cv-00660-CFC-CJB, 1:19-cv-00964-CFC-CJB(dlb) |
SO ORDERED D.I. (74 in 1:19-cv-00964-CFC-CJB, 74 in 1:19-cv-00660-CFC-CJB, 69 in 1:19-cv-00659-CFC-CJB) Stipulation regarding proposed two-stage approach to case narrowing filed by Sound View Innovations, LLC. Ordered by Judge Christopher J. Burke on 1/22/2020. Associated Cases: 1:19-cv-00659-CFC-CJB, 1:19-cv-00660-CFC-CJB, 1:19-cv-00964-CFC-CJB(dlb) |
Filing 74 STIPULATION regarding proposed two-stage approach to case narrowing by Sound View Innovations, LLC. (Haney, Megan) |
Filing 73 STIPULATION TO EXTEND TIME for claim construction-related deadlines to Various - See Stipulation - filed by Sound View Innovations, LLC. (Haney, Megan) |
Filing 72 NOTICE of Subpoenas by Sound View Innovations, LLC (Attachments: #1 Exhibit A, #2 Exhibit B)(Haney, Megan) |
SO ORDERED D.I. (66 in 1:19-cv-00659-CFC-CJB, 71 in 1:19-cv-00660-CFC-CJB, 72 in 1:19-cv-00964-CFC-CJB) STIPULATION TO EXTEND TIME to submit a proposal to the Court for narrowing the number of asserted claims and invalidating references to January 21, 2020 filed by Vudu, Inc., Walmart Inc. Ordered by Judge Christopher J. Burke on 1/16/2020. Associated Cases: 1:19-cv-00659-CFC-CJB, 1:19-cv-00660-CFC-CJB, 1:19-cv-00964-CFC-CJB(dlb) |
Filing 71 STIPULATION TO EXTEND TIME to submit a proposal to the Court for narrowing the number of asserted claims and invalidating references to January 21, 2020 - filed by Vudu, Inc., Walmart Inc.. (Lyons, Jeffrey) |
Filing 70 ORDER ADOPTING REPORT AND RECOMMENDATIONS re (62) in case 1:19-cv-00660-CFC-CJB; ORDER ADOPTING REPORT AND RECOMMENDATIONS re (64) in case 1:19-cv-00964-CFC-CJB. Defendants' motions to dismiss (D.I. 10 in Civil Action No. 19-660, D.I. 12 in Civil Action No. 19-964) are denied as to the issue of collateral estoppel. The Walmart Action and the Cigna Action are stayed with respect to the '062 patent, pending the resolution of the appellate process as to the Hulu Order (or absent further order of the Court). The Cigna Action is stayed with respect to the '371 patent pending resolution of the appeal of the PTAB Decisions at the Federal Circuit (or absent further order of the Court). Signed by Judge Colm F. Connolly on 1/13/2020. Associated Cases: 1:19-cv-00660-CFC-CJB, 1:19-cv-00964-CFC-CJB(nmf) |
SO ORDERED D.I. (65 in 1:19-cv-00659-CFC-CJB, 69 in 1:19-cv-00964-CFC-CJB, 69 in 1:19-cv-00660-CFC-CJB) STIPULATION TO EXTEND TIME to submit a proposal to the Court for narrowing the number of asserted claims and invalidating references to January 16, 2020 filed by Vudu, Inc., Walmart Inc. Ordered by Judge Christopher J. Burke on 1/13/2020. Associated Cases: 1:19-cv-00659-CFC-CJB, 1:19-cv-00660-CFC-CJB, 1:19-cv-00964-CFC-CJB(dlb) |
Filing 69 STIPULATION TO EXTEND TIME to submit a proposal to the Court for narrowing the number of asserted claims and invalidating references to January 16, 2020 - filed by Vudu, Inc., Walmart Inc.. (Lyons, Jeffrey) |
Filing 68 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 67 Letter to The Honorable Christopher J. Burke from Jeffrey J. Lyons regarding Claim Construction Technology Tutorial. (Lyons, Jeffrey) |
Filing 66 NOTICE OF SERVICE of Sound View's Opening Claim Construction Brief filed by Sound View Innovations, LLC.(Haney, Megan) |
Filing 65 Letter to The Honorable Christopher J. Burke from John C. Phillips, Jr. regarding Plaintiff's Technology Tutorial. (Phillips, John) |
Filing 64 NOTICE of Subpoenas by Vudu, Inc., Walmart Inc. (Attachments: #1 Exhibits 1-4)(Lyons, Jeffrey) |
Filing 63 NOTICE OF SERVICE of (1) Sound View's Responses and Objections to Defendants' First Set of Common Interrogatories (Nos. 1-4, 6-7, 11); and (2) Sound View's Responses and Objections to Defendants Walmart Inc. and Vudu, Inc.'s First Set of Interrogatories (Nos. 5, 8-10) filed by Sound View Innovations, LLC.(Haney, Megan) |
Filing 62 REPORT AND RECOMMENDATIONS regarding D.I. (12 in 1:19-cv-00964-CFC-CJB) MOTION to Dismiss for Failure to State a Claim filed by CIGNA Corporation, Cigna Health and Life Insurance Company, Cigna Corporation, (10 in 1:19-cv-00660-CFC-CJB) MOTION to Dismiss for Failure to State a Claim filed by Vudu, Inc., Walmart Inc. 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 1/6/2020. Signed by Judge Christopher J. Burke on 12/23/2019. Associated Cases: 1:19-cv-00660-CFC-CJB, 1:19-cv-00964-CFC-CJB(mlc) |
Filing 61 CLAIM Construction Chart by Sound View Innovations, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(Haney, Megan) |
Filing 60 Official Transcript of oral argument held on December 17, 2019 before Judge Burke. Court Reporter/Transcriber Stacy Ingram, Hawkins Reporting, 302-658-6697. Transcript may be viewed at the court public terminal or order/purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 1/9/2020. Redacted Transcript Deadline set for 1/21/2020. Release of Transcript Restriction set for 3/18/2020. (vjg) |
Minute Entry for proceedings held before Judge Christopher J. Burke - Oral Argument held on 12/17/2019 regarding D.I. (9 in 1:19-cv-00659-CFC-CJB) MOTION to Dismiss for Failure to State a Claim (Counts Two and Four of Complaint) filed by Delta Air Lines, Inc., (12 in 1:19-cv-00964-CFC-CJB) MOTION to Dismiss for Failure to State a Claim filed by CIGNA Corporation, Cigna Health and Life Insurance Company, Cigna Corporation, (10 in 1:19-cv-00660-CFC-CJB) MOTION to Dismiss for Failure to State a Claim filed by Vudu, Inc., Walmart Inc. The Court took the motions under advisement and will issue opinions. (Court Reporter Stacey Ingram (Hawkins). Clerk: M. Crawford) Appearances: M. Haney, A. Kellman, E. Geist, K. Bi, F. Ding for Plaintiff; K. Jacobs, J. Lyons, S. Baskin, A. Altersohn, J. Weinberg for Defendant Delta Air Lines, Inc.; K. Jacobs, J. Lyons, H. Keefe, P. Morton for Defendants Walmart Inc. and Vudu, Inc.; J. Anderson, P. Goter, R. Crisler, D. Conrad for Defendants Cigna Corp. and Cigna Health and Life Insurance Company. Associated Cases: 1:19-cv-00659-CFC-CJB, 1:19-cv-00660-CFC-CJB, 1:19-cv-00964-CFC-CJB(mlc) |
Filing 59 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) |
SO ORDERED D.I. (58 in 1:19-cv-00660-CFC-CJB, 55 in 1:19-cv-00659-CFC-CJB) STIPULATION TO EXTEND TIME to submit a proposal to the Court for narrowing the number of asserted claims and invalidating references to January 10, 2020 filed by Sound View Innovations, LLC. Ordered by Judge Christopher J. Burke on 12/12/2019. Associated Cases: 1:19-cv-00659-CFC-CJB, 1:19-cv-00660-CFC-CJB(dlb) |
Filing 58 STIPULATION TO EXTEND TIME to submit a proposal to the Court for narrowing the number of asserted claims and invalidating references to January 10, 2020 - filed by Sound View Innovations, LLC. (Haney, Megan) |
Filing 57 NOTICE OF SERVICE of Defendants' First Set of Common Interrogatories to Plaintiff Sound View Innovations, LLC (NOS. 1-11) filed by Vudu, Inc., Walmart Inc..(Lyons, Jeffrey) |
Filing 56 NOTICE OF SERVICE of Defendants Walmart Inc. and Vudu, Inc.'s Identification of Preliminary Proposed Claim Terms/Phrases and Constructions filed by Vudu, Inc., Walmart Inc..(Lyons, Jeffrey) |
Filing 55 NOTICE OF SERVICE of Sound View Innovations, LLC's Initial Identification of Claim Term(s)/Phrase(s) for Construction and Proposed Claim Construction filed by Sound View Innovations, LLC.(Haney, Megan) |
Filing 54 NOTICE OF SERVICE of Defendants Walmart Inc. and Vudu, Inc.'s Identification of Preliminary Proposed Claim Terms/Phrases and Constructions filed by Vudu, Inc., Walmart Inc..(Lyons, Jeffrey) |
Filing 53 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 52 NOTICE OF SERVICE of Sound View Responses and Objections to Walmart, Inc.'s and Vudu, Inc.'s First Set of Requests for Production of Documents (Nos. 1-60) filed by Sound View Innovations, LLC.(Phillips, John) |
Filing 51 NOTICE OF SERVICE of Plaintiff's Initial Disclosures Pursuant to Fed. R. Civ. P. 26 and the Court's Order Regarding Discovery of Electronically Stored Information filed by Sound View Innovations, LLC.(Phillips, John) |
Filing 50 NOTICE OF SERVICE of Defendants Walmart Inc. and Vudu, Inc.'s Initial Invalidity Contentions filed by Vudu, Inc., Walmart Inc..(Lyons, Jeffrey) |
Filing 49 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) |
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) |
Filing 48 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) |
Filing 47 NOTICE OF SERVICE of First Set of Requests for the Production of Documents filed by Vudu, Inc., Walmart Inc..(Lyons, Jeffrey) |
Filing 46 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) |
Filing 45 ORDER Regarding Discovery of Electronically Stored Information. Signed by Judge Christopher J. Burke on 10/24/2019. Associated Cases: 1:19-cv-00659-CFC-CJB, 1:19-cv-00660-CFC-CJB(dlb) |
Filing 44 Stipulated PROTECTIVE ORDER. Signed by Judge Christopher J. Burke on 10/24/2019. Associated Cases: 1:19-cv-00659-CFC-CJB, 1:19-cv-00660-CFC-CJB(dlb) |
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 43 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 42 PROPOSED ORDER /Stipulated Protective Order Regarding the Disclosure and Use of Discovery Materials by Vudu, Inc., Walmart Inc.. (Lyons, Jeffrey) |
Filing 41 PROPOSED ORDER Regarding Discovery of Electronically Stored Information by Vudu, Inc., Walmart Inc.. (Lyons, Jeffrey) |
Filing 40 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) |
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 Associated Cases: 1:19-cv-00660-CFC-CJB, 1:19-cv-00659-CFC-CJB(dlb) |
Filing 39 ORAL ORDER Resetting Hearing on Motions: At the request of counsel, the 11/20/2019 Hearing regarding Motions to Dismiss for Failure to State a Claim is rescheduled to 12/17/2019 at 01:00 PM in Courtroom 2A before Judge Christopher J. Burke. Ordered by Judge Christopher J. Burke on 10/18/2019. Associated Cases: 1:19-cv-00659-CFC-CJB, 1:19-cv-00660-CFC-CJB, 1:19-cv-00964-CFC-CJB(dlb) |
Filing 38 NOTICE OF SERVICE of Sound View's Initial Infringement Contentions filed by Sound View Innovations, LLC.(Haney, Megan) |
Filing 37 STIPULATION TO EXTEND TIME for the parties to submit a proposed protective order and a proposed order specifying the terms and conditions for the production of electronic discovery to October 23, 2019 - filed by Sound View Innovations, LLC. (Haney, Megan) |
SO ORDERED D.I. (37 in 1:19-cv-00659-CFC-CJB, 37 in 1:19-cv-00660-CFC-CJB) STIPULATION TO EXTEND TIME for the parties to submit a proposed protective order and a proposed order specifying the terms and conditions for the production of electronic discovery to October 23, 2019 filed by Sound View Innovations, LLC. Ordered by Judge Christopher J. Burke on 10/11/2019. Associated Cases: 1:19-cv-00659-CFC-CJB, 1:19-cv-00660-CFC-CJB(dlb) |
Filing 36 NOTICE OF SERVICE of (1) Defendants' Objections and Responses to Plaintiff's First Set of Interrogatories (No. 1), (2) Defendants' Objections and Responses to Plaintiff's First Set of Requests for Production (Nos. 1-68) and (3) Defendants' Objections and Responses to Plaintiff's First Set of Common Interrogatories (Nos. 1-8) filed by Vudu, Inc., Walmart Inc..(Lyons, Jeffrey) |
Filing 35 ORAL ORDER Setting Hearing on Motion, (D.I. 9 in Civil Action No. 19-659-CFC-CJB; D.I. 10 in Civil Action No. 19-660-CFC-CJB; D.I. 12 in Civil Action No. 19-964-CFC-CJB) MOTION to Dismiss for Failure to State a Claim: A Motion Hearing is set for 11/20/2019 at 2:00 PM in Courtroom 2A before Judge Christopher J. Burke. Each side is allocated 1 hour for argument. Ordered by Judge Christopher J. Burke on 10/4/2019. Associated Cases: 1:19-cv-00659-CFC-CJB, 1:19-cv-00660-CFC-CJB, 1:19-cv-00964-CFC-CJB(dlb) |
SO ORDERED D.I. #34 STIPULATION TO EXTEND TIME to submit a Proposed Protective Order and a Proposed Order specifying the terms and conditions for the production of electronic discovery to October 11, 2019 filed by Sound View Innovations, LLC. Ordered by Judge Christopher J. Burke on 10/1/2019. (mlc) |
Filing 34 STIPULATION TO EXTEND TIME to submit a Proposed Protective Order and a Proposed Order specifying the terms and conditions for the production of electronic discovery to October 11, 2019 - filed by Sound View Innovations, LLC. (Phillips, John) |
Filing 33 NOTICE OF SERVICE of Plaintiff's Initial Disclosures Pursuant to Fed. R. Civ. P. 26 filed by Sound View Innovations, LLC.(Haney, Megan) |
Filing 32 NOTICE OF SERVICE of Rule 26(a)(1) Initial Disclosures filed by Vudu, Inc., Walmart Inc..(Lyons, Jeffrey) |
Filing 31 NOTICE OF SERVICE of Walmart Inc.'s and Vudu, Inc.'s Core Technical Document Production filed by Vudu, Inc., Walmart Inc..(Lyons, Jeffrey) |
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-00659-CFC-CJB, 1:19-cv-00660-CFC-CJB(cak) |
CORRECTING ENTRY: This matter is no longer referred to Judge Burke for mediation Associated Cases: 1:19-cv-00659-CFC-CJB, 1:19-cv-00660-CFC-CJB(cak) |
Filing 30 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 9/11/2019. Associated Cases: 1:19-cv-00659-CFC-CJB, 1:19-cv-00660-CFC-CJB(dlb) |
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 # http://www.ded.uscourts.gov/general-orders/magistrate-judges-standing-order-adr-mediation Associated Cases: 1:19-cv-00659-CFC-CJB, 1:19-cv-00660-CFC-CJB(cak) |
Filing 29 NOTICE OF SERVICE of (1) Sound View's First Set of Requests for Production to Walmart Inc. and Vudu, Inc. (Nos. 1-68); (2) Sound View's First Set of Common Interrogatories (Nos. 1-8); and (3) Sound View's First Set of Interrogatories (No. 1) filed by Sound View Innovations, LLC.(Haney, Megan) |
Filing 28 SCHEDULING ORDER: Case referred to the Magistrate Judge for the purpose of exploring ADR. Joinder of Parties due by 1/16/2020. Amended Pleadings due by 1/16/2020. Discovery due by 10/13/2020. Status Report due by 8/6/2020. Dispositive Motions due by 4/1/2021. Claim Construction Opening Brief due by 1/23/2020. A Markman Hearing is set for 4/15/2020 at 11:00 AM in Courtroom 2A before Judge Christopher J. Burke. A Pretrial Conference is set for 9/2/2021 at 03:00 PM in Courtroom 4B before Judge Colm F. Connolly. A Jury Trial is set for 9/20/2021 at 09:00 AM in Courtroom 4B before Judge Colm F. Connolly.. Signed by Judge Christopher J. Burke on 9/3/2019. Associated Cases: 1:19-cv-00659-CFC-CJB, 1:19-cv-00660-CFC-CJB(mlc) |
Filing 27 PROPOSED ORDER [Proposed Scheduling Order] by Sound View Innovations, LLC. (Phillips, John) |
Minute Entry for proceedings held before Judge Christopher J. Burke - Scheduling Conference held on 8/26/2019. 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 8/30/19. (Court Reporter Stacey Ingram (Hawkins). Clerk: M. Crawford) Appearances: J. Phillips, A. Kellman, K. Bi for Plaintiff; J. Blumenfeld, S. Baskin, A. Altersohn for Defendant Delta Air Lines, Inc.; J. Blumenfeld, P. Morton for Defendants Walmart Inc. And Vudu, Inc. Associated Cases: 1:19-cv-00659-CFC-CJB, 1:19-cv-00660-CFC-CJB(mlc) |
Filing 26 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) |
Filing 25 Oral Order Setting Telephonic Case Management/Scheduling Conference: A Case Management/Scheduling Conference is set for 8/26/2019 at 02:30 PM before Judge Christopher J. Burke. Counsel for Plaintiff shall initiate the call. Ordered by Judge Christopher J. Burke on 7/31/2019. Associated Cases: 1:19-cv-00659-CFC-CJB, 1:19-cv-00660-CFC-CJB(dlb) |
Filing 24 PROPOSED ORDER Proposed Scheduling Order re (23 in 1:19-cv-00660-CFC-CJB, 23 in 1:19-cv-00659-CFC-CJB) Letter by Sound View Innovations, LLC. (Phillips, John) |
Filing 23 Letter to The Honorable Christopher J. Burke from John C. Phillips, Jr. regarding Case Management Checklists and Proposed Scheduling Order. (Attachments: #1 Checklist for 19-659, #2 Checklist for 19-660)(Phillips, John) |
Filing 22 Letter to The Honorable Christopher J. Burke from Karen Jacobs regarding Request for Oral Argument - re #10 MOTION to Dismiss for Failure to State a Claim . (Jacobs, Karen) |
Filing 21 STIPULATION TO EXTEND TIME for the parties to submit a proposed scheduling order and other items required by the Court's June 18, 2019 Oral Order to July 29, 2019 - filed by Sound View Innovations, LLC. (Haney, Megan) |
SO ORDERED D.I. (21 in 1:19-cv-00659-CFC-CJB, 21 in 1:19-cv-00660-CFC-CJB) STIPULATION TO EXTEND TIME for the parties to submit a proposed scheduling order and other items required by the Court's June 18, 2019 Oral Order to July 29, 2019 filed by Sound View Innovations, LLC Ordered by Judge Christopher J. Burke on 7/25/2019. Associated Cases: 1:19-cv-00659-CFC-CJB, 1:19-cv-00660-CFC-CJB(mlc) |
Filing 20 REPLY BRIEF re #10 MOTION to Dismiss for Failure to State a Claim filed by Vudu, Inc., Walmart Inc.. (Jacobs, Karen) |
Filing 19 STIPULATION TO EXTEND TIME to submit a proposed Scheduling Order to July 25, 2019 - filed by Sound View Innovations, LLC. (Haney, Megan) |
SO ORDERED D.I. (19 in 1:19-cv-00659-CFC-CJB, 19 in 1:19-cv-00660-CFC-CJB) STIPULATION TO EXTEND TIME to submit a proposed Scheduling Order to July 25, 2019 filed by Sound View Innovations, LLC. Ordered by Judge Christopher J. Burke on 7/17/2019. Associated Cases: 1:19-cv-00659-CFC-CJB, 1:19-cv-00660-CFC-CJB(dlb) |
Filing 18 ANSWERING BRIEF in Opposition re #10 MOTION to Dismiss for Failure to State a Claim filed by Sound View Innovations, LLC.Reply Brief due date per Local Rules is 7/15/2019. (Attachments: #1 Exhibit A)(Phillips, John) |
Pro Hac Vice Attorneys Alan S. Kellman, Carson Olsheski, Kathryn Bi, Richard M. Cowell, and Edward B. Geist 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-00659-CFC-CJB, 1:19-cv-00660-CFC-CJB, 1:19-cv-00964-CFC-CJB(amf) |
Pro Hac Vice Attorney Frederick Ding, Michael Ling 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) |
Pro Hac Vice Attorney Mark R. Weinstein for Vudu, Inc., for Walmart Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (myr) |
SO ORDERED D.I Nos. (17 in 1:19-cv-00660-CFC-CJB and 17 in 1:19-cv-00659-CFC-CJB) STIPULATION TO EXTEND TIME for Plaintiff to file its Answering Brief in Opposition to Defendants Motion to Dismiss. Ordered by Judge Christopher J. Burke on 6/24/2019. Associated Cases: 1:19-cv-00659-CFC-CJB, 1:19-cv-00660-CFC-CJB(dlb) |
Filing 17 STIPULATION TO EXTEND TIME for Plaintiff to file its Answering Brief in Opposition to Defendants Walmart Inc. and Vudu, Inc.'s Motion to Dismiss to July 22, 2019 - filed by Sound View Innovations, LLC. (Haney, Megan) |
Pro Hac Vice Attorneys Heidi L. Keefe, Emily E. Terrell, Michael G. Rhodes, and Phillip E. Morton for Vudu, Inc. and Walmart Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (ddp) |
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) |
SO ORDERED D.I. Nos. (15 in 1:19-cv-00660-CFC-CJB, 14 in 1:19-cv-00659-CFC-CJB, 8 in 1:19-cv-00964-CFC-CJB) MOTION for Pro Hac Vice Appearance of Attorney Alan S. Kellman, Edward Geist, Carson Olsheski, Richard M. Cowell and Kathryn Bi filed by Sound View Innovations, LLC. Ordered by Judge Christopher J. Burke on 6/20/2019. Associated Cases: 1:19-cv-00659-CFC-CJB, 1:19-cv-00660-CFC-CJB, 1:19-cv-00964-CFC-CJB(dlb) |
Filing 16 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) |
Filing 15 MOTION for Pro Hac Vice Appearance of Attorney Alan S. Kellman, Edward Geist, Carson Olsheski, Richard M. Cowell and Kathryn Bi - filed by Sound View Innovations, LLC. Motions referred to Christopher J. Burke.(Haney, Megan) |
Filing 14 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 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); 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 Connollys portions of the District Court's website. Ordered by Judge Christopher J. Burke on 6/18/2019. Associated Cases: 1:19-cv-00659-CFC-CJB, 1:19-cv-00660-CFC-CJB(dlb) |
CORRECTING ENTRY: At the request of the filer, the PDF at D.I. 10 has been corrected. (dlb) |
MOTION REFERRED: #10 MOTION to Dismiss for Failure to State a Claim . Motion referred to Magistrate Judge Christopher J. Burke per the referral order of 4/22/2019.(nmf) |
Filing 13 Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Walmart Inc.. (Jacobs, Karen) |
Filing 12 Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Vudu, Inc., Walmart Inc.. (Jacobs, Karen) |
Filing 11 OPENING BRIEF in Support re #10 MOTION to Dismiss for Failure to State a Claim filed by Vudu, Inc., Walmart Inc..Answering Brief/Response due date per Local Rules is 7/1/2019. (Attachments: #1 Exhibit A-E)(Jacobs, Karen) |
Filing 10 MOTION to Dismiss for Failure to State a Claim - filed by Vudu, Inc., Walmart Inc.. (Jacobs, Karen) (Main Document 10 replaced on 6/18/2019) (dlb). |
SO ORDERED D.I. #9 MOTION for Pro Hac Vice Appearance of Attorney Heidi Keefe, Mark R. Weinstein, Michael Rhodes, Phillip Morton, Emily Terrell and Dustin Knight filed by Vudu, Inc., Walmart Inc. Ordered by Judge Christopher J. Burke on 5/28/2019. (mlc) |
Filing 9 MOTION for Pro Hac Vice Appearance of Attorney Heidi Keefe, Mark R. Weinstein, Michael Rhodes, Phillip Morton, Emily Terrell and Dustin Knight - filed by Vudu, Inc., Walmart Inc.. Motions referred to Christopher J. Burke.(Jacobs, Karen) |
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) |
Filing 8 STIPULATION TO EXTEND TIME for Defendants Walmart Inc. and Vudu, Inc. to answer, move or otherwise respond to the Complaint to June 17, 2019 - filed by Sound View Innovations, LLC. (Haney, Megan) |
SO ORDERED D.I. #8 STIPULATION TO EXTEND TIME for Defendants Walmart Inc. and Vudu, Inc. to answer, move or otherwise respond to the Complaint to June 17, 2019 filed by Sound View Innovations, LLC. Ordered by Judge Christopher J. Burke on 4/30/2019. (dlb) |
Filing 7 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-XXX-MN-CJB. ORDERED by Judge Maryellen Noreika on 4/22/2019. (dlw) |
Case Assigned 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-00659-MN, 1:19-cv-00660-MN (rjb) |
Filing 6 SUMMONS Returned Executed by Sound View Innovations, LLC. Vudu, Inc. served on 4/10/2019, answer due 5/1/2019. (Phillips, John) |
Filing 5 SUMMONS Returned Executed by Sound View Innovations, LLC. Walmart Inc. served on 4/10/2019, answer due 5/1/2019. (Phillips, John) |
Summons Issued with Magistrate Consent Notice attached as to Vudu, Inc. and Walmart Inc. on 4/10/2019. 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. (amf) |
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. (amf) |
Filing 3 Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 5,806,062 ;7,426,715 ;6,725,456 ;6,502,133 ;6,708,213. (amf) |
Filing 2 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (amf) |
Filing 1 COMPLAINT filed with Jury Demand against Vudu, Inc. and Walmart Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number 0311-2615532.) - filed by Sound View Innovations, LLC. (Attachments: #1 Exhibits A-G, #2 Civil Cover Sheet)(amf) |
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