Shure Incorporated et al v. Clearone, Inc.
Plaintiff: Shure Incorporated and Shure Acquisition Holdings, Inc.
Defendant: Clearone, Inc.
Case Number: 1:2019cv01343
Filed: July 18, 2019
Court: US District Court for the District of Delaware
Presiding Judge: Richard G Andrews
Referring Judge: Christopher J Burke
Nature of Suit: Patent
Cause of Action: 35 U.S.C. ยง 1 Patent Infringement
Jury Demanded By: Both
Docket Report

This docket was last retrieved on August 15, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 15, 2022 Opinion or Order Filing 701 ORAL ORDER: Upon consideration of two motions and briefing (D.I. #687 , #688 , #690 , #692 ), the motion to proceed with trial (D.I. #687 ) is GRANTED and the motion for a stay of proceedings (D.I. #688 ) is DENIED. Trial is scheduled for July 5, 2023, at 9 a.m. The Court will hold a pretrial conference on June 9, 2023, at 8:30 a.m.. Ordered by Judge Richard G. Andrews on 8/15/2022. (lak)
July 13, 2022 Opinion or Order Filing 700 Letter to The Honorable Richard G. Andrews and The Honorable Christopher J. Burke, from Brian R. Lemon, Esq., regarding status regarding the Inter Partes Review of U.S. Patent No. 9,565,493 (the "'493 patent"). (Lemon, Brian) Modified on 7/13/2022 (nms).
May 27, 2022 Opinion or Order Filing 699 ORAL ORDER: The Court started a bench trial while the jury was out. The jurys verdict interrupted the on-going bench trial and, as the parties agreed, mooted the need to complete it. (D.I. #679 , p. 848). This order memorializes why the bench trial was unfinished. Ordered by Judge Richard G. Andrews on 5/27/2022. (nms)
May 27, 2022 Opinion or Order Filing 698 MEMORANDUM ORDER: Plaintiffs' amendment of the complaint to withdraw the previously asserted Counts II, III, IV and V is GRANTED. The counts are WITHDRAWN WITH PREJUDICE. Defendant's motion to dismiss (D.I. #562 ) is DISMISSED as moot. Signed by Judge Richard G. Andrews on 5/27/2022. (nms)
May 16, 2022 Opinion or Order Filing 697 NOTICE of Plaintiffs' Notice of Relevant Subsequent Developments by Shure Acquisition Holdings, Inc., Shure Incorporated re #696 Notice (Other) (Attachments: #1 Exhibit A)(Joyce, Alexandra)
May 16, 2022 Opinion or Order Filing 696 Second NOTICE of Subsequent Developments by Clearone, Inc. re #687 MOTION to Proceed with Trial on its Counterclaims (Flynn, Michael)
April 4, 2022 Opinion or Order CASE NO LONGER REFERRED to Chief Magistrate Judge Thynge for the purpose of exploring ADR. Pursuant to the Court's #Standing Order No. 2022-2, dated March 14, 2022, "[u]nless otherwise directed by the Court, Magistrate Judges will no longer engage in alternative dispute resolution of patent and securities cases." See also 28 U.S.C. 652(b). (Taylor, Daniel)
March 8, 2022 Opinion or Order Filing 695 NOTICE of Subsequent Developments Supporting Stay of Counterclaim Proceedings (D.I. #688 ), by Shure Acquisition Holdings, Inc., Shure Incorporated. (Attachments: #1 Exhibit A)(Joyce, Alexandra) Modified on 3/9/2022 (nms).
March 8, 2022 Opinion or Order Filing 694 Letter to The Honorable Richard G. Andrews, from Michael Flynn, regarding request for oral argument. (Flynn, Michael) Modified on 3/8/2022 (nms).
March 2, 2022 Opinion or Order Filing 693 NOTICE of Subsequent Developments by Clearone, Inc. re #687 MOTION to Proceed with Trial on its Counterclaims (Attachments: #1 Exhibit A)(Flynn, Michael)
March 1, 2022 Opinion or Order Filing 692 REPLY BRIEF re #688 COUNTER-MOTION for a Stay of Proceedings on ClearOne's Counterclaims filed by Shure Acquisition Holdings, Inc., Shure Incorporated. (Joyce, Alexandra)
February 23, 2022 Opinion or Order Filing 691 NOTICE requesting Clerk to remove Michael P. Kelly, Esq. as co-counsel.. (Joyce, Alexandra)
February 22, 2022 Opinion or Order Filing 690 Combined Answering and Reply Brief re #688 COUNTER-MOTION for a Stay of Proceedings on Counterclaims, and #687 MOTION to Proceed with Trial on its Counterclaims, filed by Clearone, Inc..Reply Brief due date per Local Rules is 3/1/2022. (Attachments: #1 Exhibit D, #2 Exhibit E)(Flynn, Michael) Modified on 2/22/2022 (nms).
February 15, 2022 Opinion or Order Filing 689 7.1.1 STATEMENT re #688 COUNTER-MOTION for a Stay of Proceedings on ClearOne's Counterclaims, by Shure Acquisition Holdings, Inc., Shure Incorporated. (Lemon, Brian) Modified on 2/15/2022 (nms).
February 15, 2022 Opinion or Order Set Answering Brief Deadline re #688 COUNTER-MOTION for a Stay of Proceedings on ClearOne's Counterclaims. Answering Brief/Response due date per Local Rules is 3/1/2022. (nms)
February 15, 2022 Opinion or Order LOCAL RULE 7.1.1 NOTICE: In accordance with Local Rule 7.1.1, except for civil cases involving pro se parties or motions brought by nonparties, every nondispositive motion shall be accompanied by an averment of counsel for the moving party that a reasonable effort has been made to reach agreement with the opposing party on the matters set forth in the motion. Unless otherwise ordered, failure to so aver may result in dismissal of the motion. The records of this case do not reflect such an averment by counsel for DI #688 . Please file the averment using the event code STATEMENT, found under OTHER DOCUMENTS. (nms)
February 15, 2022 Opinion or Order CORRECTING ENTRY: D.I. 688 has been recoded to reflect the filing is also a motion consistent with the title on the filing. (nms)
February 14, 2022 Opinion or Order Filing 688 ANSWERING BRIEF in Opposition re #687 MOTION to Proceed with Trial on its Counterclaims and COUNTER-MOTION for a Stay of Proceedings on ClearOne's Counterclaims, filed by Shure Acquisition Holdings, Inc., Shure Incorporated.Reply Brief due date per Local Rules is 2/22/2022. (Attachments: #1 Exhibits 1-2, #2 Proposed Order)(Joyce, Alexandra) Modified on 2/15/2022 (nms).
January 31, 2022 Opinion or Order Set Answering Brief Deadline re #687 MOTION to Proceed with Trial on its Counterclaims. Answering Brief/Response due date per Local Rules is 2/14/2022. (nms)
January 31, 2022 Opinion or Order Filing 687 MOTION to Proceed with Trial on its Counterclaims - filed by Clearone, Inc.. (Attachments: #1 Exhibits A-C)(Flynn, Michael) Modified on 1/31/2022 (nms).
November 24, 2021 Opinion or Order Filing 686 REDACTED VERSION of #632 Letter by Shure Acquisition Holdings, Inc., Shure Incorporated. (Joyce, Alexandra)
November 24, 2021 Opinion or Order Filing 685 REDACTED VERSION of #589 Answering Brief in Opposition, by Shure Acquisition Holdings, Inc., Shure Incorporated. (Joyce, Alexandra)
November 24, 2021 Opinion or Order Filing 684 REDACTED VERSION of #588 Exhibit to a Document by Shure Acquisition Holdings, Inc., Shure Incorporated. (Joyce, Alexandra)
November 19, 2021 Opinion or Order Filing 683 REDACTED VERSION of #615 Proposed Pretrial Order by Shure Acquisition Holdings, Inc., Shure Incorporated. (Joyce, Alexandra)
November 19, 2021 Opinion or Order Filing 682 REDACTED VERSION of #605 Objections, by Shure Acquisition Holdings, Inc., Shure Incorporated. (Joyce, Alexandra)
November 19, 2021 Opinion or Order Filing 681 REDACTED VERSION of #594 Proposed Pretrial Order by Shure Acquisition Holdings, Inc., Shure Incorporated. (Joyce, Alexandra)
November 19, 2021 Opinion or Order Filing 680 REDACTED VERSION of #623 Response to Objections, by Clearone, Inc.. (Attachments: #1 Exhibit A)(Flynn, Michael) Modified on 11/19/2021 (nms).
November 19, 2021 Opinion or Order Filing 679 Official Transcript of Jury Trial held on 11/3/21 before Judge Richard G. Andrews. Court Reporter Heather M. Triozzi,Email: Heather_Triozzi@ded.uscourts.gov. Transcript may be viewed at the court public terminal or order/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 12/10/2021. Redacted Transcript Deadline set for 12/20/2021. Release of Transcript Restriction set for 2/17/2022. (Triozzi, Heather)
November 19, 2021 Opinion or Order Filing 678 Official Transcript of Jury Trial held on 11/2/21 before Judge Richard G. Andrews. Court Reporter Heather M. Triozzi,Email: Heather_Triozzi@ded.uscourts.gov. Transcript may be viewed at the court public terminal or order/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 12/10/2021. Redacted Transcript Deadline set for 12/20/2021. Release of Transcript Restriction set for 2/17/2022. (Triozzi, Heather)
November 19, 2021 Opinion or Order Filing 677 Official Transcript of Jury Trial held on 11/01/21 before Judge Richard G. Andrews. Court Reporter Heather M. Triozzi,Email: Heather_Triozzi@ded.uscourts.gov. Transcript may be viewed at the court public terminal or order/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 12/10/2021. Redacted Transcript Deadline set for 12/20/2021. Release of Transcript Restriction set for 2/17/2022. (Triozzi, Heather)
November 18, 2021 Opinion or Order REDACTION NOTICE: In accordance with section G of the Administrative Procedures Governing Filing and Service by Electronic Means, redacted versions of sealed documents shall be filed electronically within 7 days of the filing of the sealed document. The records of this case do not reflect the filing of redacted versions of DI #594 , #615 , and #623 . (nms)
November 17, 2021 Opinion or Order Filing 676 ORAL ORDER: The redacted filings (D.I. #659 , #672 , #673 , and #674 ) are REJECTED because parts of them are redacted in their entirety. Absent a compelling reason, supported by a statement under oath by a party, redactions in their entirety are impermissible; redactions must be done so as to redact the least possible amount of the materials submitted. Failure to make a good faith attempt at such redactions may result in sanctions, the most common of which would be simply unsealing the entire filing. Redacting in its entirety a document that contains publicly available materials is prima facie evidence of bad faith. Revised redacted filings are DUE within five business days. Ordered by Judge Richard G. Andrews on 11/17/2021. (nms)
November 17, 2021 Opinion or Order Filing 675 ORAL ORDER: The parties submitted a status report on November 12. The main issue addressed is whether to stay Defendants two business tort counterclaims pending a decision on related litigation in another court. The related case was filed before this one, and the status report advises that the court there has a fully-briefed motion under advisement. The parties dispute the relevance of the fully-briefed motion. For various reasons, I would be inclined to grant Plaintiffs request to stay, at least for a while, based on my current understanding. Defendant asserts that Plaintiff forced Defendant to bring the counterclaims here (D.I. 654 at 5), but that makes little sense to me, given that they concern a patent, a product, and an injunction related to the patent and the product entered in the other court. In any event, the result is that there is a lot of overlap between the litigation here and in the other court, and it makes even less sense to me to charge ahead here before the other court rules. So, if Clearone wants to file a motion to proceed, it may do so, but, otherwise, I am just going to wait and see. Ordered by Judge Richard G. Andrews on 11/17/2021. (nms) Modified on 11/17/2021 (nms).
November 17, 2021 Opinion or Order CORRECTING ENTRY: The docket text for D.I. 675 has been amended to substitute the word "before" for "until" in the second to last line. The NEF for the filing has been regenerated. (nms)
November 16, 2021 Opinion or Order Filing 674 REDACTED VERSION of #632 Letter by Shure Acquisition Holdings, Inc., Shure Incorporated. (Joyce, Alexandra)
November 16, 2021 Opinion or Order Filing 673 REDACTED VERSION of #589 Answering Brief in Opposition, by Shure Acquisition Holdings, Inc., Shure Incorporated. (Joyce, Alexandra)
November 16, 2021 Opinion or Order Filing 672 REDACTED VERSION of #588 Exhibit to a Document by Shure Acquisition Holdings, Inc., Shure Incorporated. (Joyce, Alexandra)
November 16, 2021 Opinion or Order Filing 671 REDACTED VERSION of #587 MOTION in Limine (#3), Opposition, and Reply by Shure Acquisition Holdings, Inc., Shure Incorporated. (Joyce, Alexandra)
November 16, 2021 Opinion or Order Filing 670 REDACTED VERSION of #586 Exhibit to a Document by Shure Acquisition Holdings, Inc., Shure Incorporated. (Joyce, Alexandra)
November 16, 2021 Opinion or Order Filing 669 REDACTED VERSION of #583 Exhibit to a Document by Shure Acquisition Holdings, Inc., Shure Incorporated. (Silver, Daniel)
November 16, 2021 Opinion or Order Filing 668 REDACTED VERSION of #635 Letter - by Clearone, Inc.. (Flynn, Michael)
November 16, 2021 Opinion or Order Filing 667 REDACTED VERSION of #604 Reply Brief - by Clearone, Inc.. (Flynn, Michael)
November 16, 2021 Opinion or Order Filing 666 REDACTED VERSION of #602 Letter - by Clearone, Inc.. (Flynn, Michael)
November 16, 2021 Opinion or Order Filing 665 REDACTED VERSION of #601 Letter - by Clearone, Inc.. (Flynn, Michael)
November 16, 2021 Opinion or Order Filing 664 REDACTED VERSION of #581 Exhibit to a Document - by Clearone, Inc.. (Flynn, Michael)
November 16, 2021 Opinion or Order Filing 663 REDACTED VERSION of #580 MOTION in Limine No. 3 to Preclude Shure from Arguing Reliance on Counsel - by Clearone, Inc.. (Flynn, Michael)
November 16, 2021 Opinion or Order Filing 662 REDACTED VERSION of #579 Exhibit to a Document - by Clearone, Inc.. (Flynn, Michael)
November 16, 2021 Opinion or Order Filing 661 REDACTED VERSION of #578 MOTION in Limine No. 2 to Preclude Shure From Introducing Evidence and Argument Regarding How ClearOne Developed/Selected the Appearance of the Accused BMA CT - by Clearone, Inc.. (Flynn, Michael)
November 16, 2021 Opinion or Order Filing 660 REDACTED VERSION of #577 MOTION in Limine No. 1 to Preclude Evidence and Argument Relating to Litigations, Rulings or Accusations Made in Legal Proceedings Other Than Those Between Shure and ClearOne - by Clearone, Inc.. (Flynn, Michael)
November 16, 2021 Opinion or Order Filing 659 REDACTED VERSION of #605 Objections, by Shure Acquisition Holdings, Inc., Shure Incorporated. (Joyce, Alexandra)
November 16, 2021 Opinion or Order Filing 658 REDACTED VERSION of #600 Letter by Shure Acquisition Holdings, Inc., Shure Incorporated. (Joyce, Alexandra)
November 16, 2021 Opinion or Order Filing 657 REDACTED VERSION of #584 MOTION in Limine (#2), Opposition, and Reply by Shure Acquisition Holdings, Inc., Shure Incorporated. (Joyce, Alexandra)
November 16, 2021 Opinion or Order Filing 656 REDACTED VERSION of #582 MOTION in Limine (#1), Opposition, and Reply by Shure Acquisition Holdings, Inc., Shure Incorporated. (Joyce, Alexandra)
November 12, 2021 Opinion or Order Filing 655 ORDER DENYING D.I. #573 Joint Motion to Redact Limited Portions of October 5, 2021 Memorandum Order filed by Shure Acquisition Holdings, Inc., Shure Incorporated. Signed by Judge Christopher J. Burke on 11/12/2021. (mlc)
November 12, 2021 Opinion or Order Filing 654 Letter to The Honorable Richard G. Andrews from Brian R. Lemon, Esq. regarding Parties' Joint Status Report. (Lemon, Brian)
November 12, 2021 Opinion or Order Document Unsealed. D.I. #570 Memorandum Order, unsealed per D.I. 655. (mlc)
November 9, 2021 Opinion or Order SO ORDERED, re #653 STIPULATION and Proposed Order to Extend Time to file redacted documents to November 16, 2021. Signed by Judge Richard G. Andrews on 11/9/2021. (nms)
November 8, 2021 Opinion or Order Filing 653 STIPULATION and Proposed Order to Extend Time - filed by Shure Acquisition Holdings, Inc., Shure Incorporated. (Joyce, Alexandra) Modified on 11/9/2021 (nms).
November 8, 2021 Opinion or Order Filing 652 Defendant's Exhibit List for Jury Trial held 11/1/2021 - 11/3/2021. (lak)
November 8, 2021 Opinion or Order Filing 651 Plaintiff's Exhibit List for Jury Trial held 11/1/2021 - 11/3/2021. (lak)
November 8, 2021 Opinion or Order REDACTION NOTICE: In accordance with section G of the Administrative Procedures Governing Filing and Service by Electronic Means, redacted versions of sealed documents shall be filed electronically within 7 days of the filing of the sealed document. The records of this case do not reflect the filing of a redacted version of DI #635 . (nms)
November 8, 2021 Opinion or Order REDACTION NOTICE: In accordance with section G of the Administrative Procedures Governing Filing and Service by Electronic Means, redacted versions of sealed documents shall be filed electronically within 7 days of the filing of the sealed document. The records of this case do not reflect the filing of a redacted version of DI #632 . (nms)
November 5, 2021 Opinion or Order Filing 650 ORDER directing that jurors be provided lunch (cc: Finance). Signed by Judge Richard G. Andrews on 11/5/2021. (nms)
November 4, 2021 Opinion or Order Filing 648 Witness List for Jury Trial held 11/1/2021 - 11/3/2021. (lak)
November 4, 2021 Opinion or Order Filing 647 TRIAL VERDICT: The jury having deliberated on Count 6 of the Second Amended Complaint (D.I. #64 ) and Count 5 of the Amended Answer and Counterclaims (D.I. #295 ), and the jury having reached a verdict, judgment is entered for ClearOne, Inc. and against Shure Incorporated and Shure Acquisition Holdings, Inc. on Count 6 of the Second Amended Complaint and on Count 5 of the Amended Answer and Counterclaims. U.S. Patent No. D865723 is declared INVALID. Signed by Judge Richard G. Andrews on 11/4/2021. (nms)
November 3, 2021 Opinion or Order Filing 649 Final Jury Verdict Form. (lak)
November 3, 2021 Opinion or Order Minute Entry for proceedings held before Judge Richard G. Andrews - Bench Trial held on 11/3/2021. Local Counsel present for Plaintiffs: B. Lemon. Local Counsel present for Defendant: M. Flynn. Witnesses: Deposition of Zee Hakimoglu, Paul Hatch, Thomas Vander Veen. (Court Reporter Heather Triozzi.) (lak)
November 3, 2021 Opinion or Order Minute Entry for proceedings held before Judge Richard G. Andrews - Jury Trial day 3 completed on 11/3/2021. Local Counsel present for Plaintiffs: B. Lemon. Local Counsel present for Defendant: M. Flynn. Witnesses: Joel Delman, deposition of Chris Bencsik, Paul Hatch. Final jury instructions, closing arguments, deliberations, verdict. (Court Reporter Heather Triozzi.) (lak)
November 3, 2021 Opinion or Order Filing 646 REDACTED VERSION of #645 Jury Verdict. (lak)
November 3, 2021 Opinion or Order Filing 645 [SEALED] JURY VERDICT. (lak)
November 3, 2021 Opinion or Order Filing 644 Final Jury Instructions (*to be read in open court). (lak)
November 2, 2021 Opinion or Order Minute Entry for proceedings held before Judge Richard G. Andrews - Jury Trial day 2 held on 11/2/2021. Local Counsel present for Plaintiffs: B. Lemon. Local Counsel present for Defendant: M. Flynn. Witnesses: Ira M. Weinstein, Derek Graham, Paul Hatch, Zee Hakimoglu, deposition of David Newman, deposition of Kevin Smith, Paul Waadevig, deposition of Jason Staples, deposition of Elizabeth Cho, deposition of Matthew Morrow, deposition of Gregory Lantz, deposition of Cliff Christensen, Joel Delman. (Court Reporter Heather Triozzi.) (lak)
November 1, 2021 Opinion or Order Minute Entry for proceedings held before Judge Richard G. Andrews - Jury Trial day 1 held on 11/1/2021. Local Counsel present for Plaintiffs: B. Lemon. Local Counsel present for Defendant: M. Flynn. Jury Selection, Preliminary Jury Instructions read, Openings. Witnesses: John M. Miller, James Schanz, deposition of Beth Mickel, deposition of Patrick Oats, deposition of Glenn Yates, deposition of John Bullard, deposition of Richard Kessler, deposition of Shane Tunnell, Ira M. Weinstein. (Court Reporter Heather Triozzi.) (lak)
November 1, 2021 Opinion or Order CORRECTING ENTRY: The pdf for D.I. #618 has been replaced with a corrected version. On page three under the section C. Noninfringement the word starting sentence number 3 has been changed from Nonfunctional to Functional. The NEF for the filing has been regenerated. (nms)
October 31, 2021 Opinion or Order Filing 643 Joint Letter to The Honorable Richard G. Andrews from Brian R. Lemon, Esq. regarding Identification of Outstanding Issues for Court Resolution for Trial. (Lemon, Brian)
October 31, 2021 Opinion or Order Filing 642 Amended Exhibit 7 to #615 Proposed Pretrial Order, by Clearone, Inc.. (Flynn, Michael) Modified on 11/1/2021 (nms).
October 30, 2021 Opinion or Order Filing 641 Amended Exhibit 6 to #615 Proposed Pretrial Order, by Shure Acquisition Holdings, Inc., Shure Incorporated. (Joyce, Alexandra) Modified on 11/1/2021 (nms).
October 29, 2021 Opinion or Order Filing 640 Preliminary Jury Instructions (to be read in open court). (nms)
October 29, 2021 Opinion or Order Filing 639 SO ORDERED as modified re #638 Stipulation and Order Regarding Bench Trial Procedures (*Set Hearing: A Bench Trial is set to start on 11/3/2021, in Courtroom 6A while the jury deliberates) (see Order for further details). Signed by Judge Richard G. Andrews on 10/29/2021. (nms)
October 28, 2021 Opinion or Order Filing 638 STIPULATION and [Proposed] Order Regarding Bench Trial Procedures by Shure Acquisition Holdings, Inc., Shure Incorporated. (Joyce, Alexandra)
October 28, 2021 Opinion or Order Filing 637 ORAL ORDER: The revised proposed pretrial order (D.I. #615 ) is SO ORDERED with the disputed issues raised in footnotes resolved as stated in other orders of the Court. In regard to paragraph 91, Shure will have the opportunity for rebuttal closing argument, but it will be limited to no more than five minutes and possibly not that much. The dispute in paragraph 103 will be resolved in preliminary jury instructions that will be filed tomorrow. Ordered by Judge Richard G. Andrews on 10/28/2021. (nms)
October 28, 2021 Opinion or Order Filing 636 MEMORANDUM ORDER: Regarding presentation of evidence on reasonable royalty (see D.I. #615 at 6 n.2) (see Memorandum Order for further details). Signed by Judge Richard G. Andrews on 10/28/2021. (nms)
October 28, 2021 Opinion or Order Filing 635 [SEALED] Letter to The Honorable Richard G. Andrews, from Michael Flynn, regarding response to Plaintiffs' proffer of evidence (D.I. #632 ). (Attachments: #1 Exhibits 1-5)(Flynn, Michael) Modified on 10/28/2021 (nms).
October 27, 2021 Opinion or Order Filing 634 MEMORANDUM ORDER: I will hold a bench trial to determine 289 damages. The parties also dispute whether the factual question of the relevant article of manufacture4 must be determined by me or by the jury. This factual question appears to be relevant only to the equitable remedy of disgorgement. Thus, I will not send it to the jury. ("Inequitable conduct is equitable in nature, with no right to a jury, and the trial court has the obligation to resolve the underlying facts of materiality and intent"). Signed by Judge Richard G. Andrews on 10/27/2021. (nms)
October 27, 2021 Opinion or Order SO ORDERED, re #633 STIPULATION and Proposed Order to Extend Time to file redacted documents to November 9. 2021. Signed by Judge Richard G. Andrews on 10/27/2021. (nms)
October 26, 2021 Opinion or Order Filing 633 STIPULATION and Proposed Order to Extend Time regarding redacted filings - filed by Shure Acquisition Holdings, Inc., Shure Incorporated. (Joyce, Alexandra) Modified on 10/27/2021 (nms).
October 26, 2021 Opinion or Order Filing 632 [SEALED] Letter to The Honorable Richard G. Andrews, from Brian R. Lemon, Esq., regarding proffering the evidence. (Attachments: #1 Exhibits 1-3, #2 Certificate of Service)(Lemon, Brian) Modified on 10/27/2021 (nms).
October 26, 2021 Opinion or Order Filing 631 ORDER: Shure's objections (D.I. #605 ) to the Magistrate Judge's Memorandum Order (D.I. #575 ) are OVERRULED. Shure's request to supplement Dr. Vander Veen's expert report (D.I. #605 at 1) is DENIED. Signed by Judge Richard G. Andrews on 10/26/2021. (nms)
October 26, 2021 Opinion or Order Filing 630 MEMORANDUM OPINION. Signed by Judge Richard G. Andrews on 10/26/2021. (nms)
October 26, 2021 Opinion or Order Filing 629 Voir Dire Questions (*to be read in open court). (nms)
October 26, 2021 Opinion or Order Filing 628 ORDER: ClearOne's objections (D.I. #560 ) to the Magistrate Judge's oral order (D.I. 544 ) are SUSTAINED IN PART and OVERRULED IN PART. ClearOne's Motion in Limine No. 2 (D.I. #578 ) is GRANTED. Signed by Judge Richard G. Andrews on 10/26/2021. (nms)
October 26, 2021 Opinion or Order Filing 627 MEMORANDUM OPINION. Signed by Judge Richard G. Andrews on 10/26/2021. (nms)
October 25, 2021 Opinion or Order Filing 626 ORAL ORDER: In the revised pretrial order (D.I. #615 at 6-7 n.2), Plaintiff asserts that the jury could determine a reasonable royalty from the available evidence. Plaintiff is directed to submit a detailed proffer of what it expects that available evidence to be by the COB Tuesday, October 26, 2021. Ordered by Judge Richard G. Andrews on 10/25/2021. (nms)
October 22, 2021 Opinion or Order Filing 625 REDACTED VERSION of #527 Transcript per D.I. #612 Order. (dlb)
October 20, 2021 Opinion or Order Filing 624 Joint Proposed Preliminary Jury Instructions, by Shure Acquisition Holdings, Inc., Shure Incorporated. (Joyce, Alexandra) Modified on 10/21/2021 (nms).
October 20, 2021 Opinion or Order Filing 623 [SEALED] RESPONSE to #605 Objections, by Clearone, Inc.. (Attachments: #1 Exhibit A)(Flynn, Michael) Modified on 10/21/2021 (nms).
October 20, 2021 Opinion or Order Filing 622 MOTION for Pro Hac Vice Appearance of Attorney Neil G. Anderson - filed by Clearone, Inc.. (Flynn, Michael)
October 20, 2021 Opinion or Order Filing 621 ORDER: Shures objections (D.I. #556 ) to the Magistrate Judges Report and Recommendation (D.I. #541 ) are OVERRULED. The Report and Recommendation (D.I. #541 ) is ADOPTED. Shures motion for summary judgment on ClearOnes tort counterclaims and affirmative defense of unclean hands (D.I. #433 ) is GRANTED in relation to the First Counterclaim and otherwise DENIED. Signed by Judge Richard G. Andrews on 10/20/2021. (nms)
October 20, 2021 Opinion or Order Filing 620 MEMORANDUM OPINION. Signed by Judge Richard G. Andrews on 10/20/2021. (nms)
October 20, 2021 Opinion or Order Filing 619 ORDER: ClearOne's objection (D.I. #559 ) to the Magistrate Judge's Report and Recommendation is OVERRULED. The Report and Recommendation (D.I. #545 ) is ADOPTED. ClearOne's motion for summary judgment of noninfringement (D.I. #443 ) is DENIED. Signed by Judge Richard G. Andrews on 10/20/2021. (nms)
October 20, 2021 Opinion or Order Filing 618 MEMORANDUM OPINION. Signed by Judge Richard G. Andrews on 10/20/2021. (nms)
October 20, 2021 Opinion or Order Filing 617 Official Transcript of Pretrial Conference held on 10/15/21 before Judge Richard G. Andrews. Court Reporter Heather M. Triozzi,Email: Heather_Triozzi@ded.uscourts.gov. Transcript may be viewed at the court public terminal or order/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 11/10/2021. Redacted Transcript Deadline set for 11/22/2021. Release of Transcript Restriction set for 1/18/2022. (Triozzi, Heather)
October 20, 2021 Opinion or Order SO ORDERED, re #622 MOTION for Pro Hac Vice Appearance of Attorney Neil G. Anderson, filed by Clearone, Inc.. Signed by Judge Richard G. Andrews on 10/20/2021. (nms)
October 19, 2021 Opinion or Order Filing 616 Proposed Voir Dire by Shure Acquisition Holdings, Inc., Shure Incorporated. (Joyce, Alexandra)
October 19, 2021 Opinion or Order Filing 615 [SEALED] Joint Proposed Final Pretrial Order, by Shure Acquisition Holdings, Inc., Shure Incorporated. (Attachments: #1 Exhibits 1-11, #2 Certificate of Service)(Joyce, Alexandra) Modified on 10/20/2021 (nms).
October 19, 2021 Opinion or Order Filing 614 SO ORDERED Granting #613 Stipulation and Proposed Order. Signed by Judge Richard G. Andrews on 10/19/2021. (nms)
October 19, 2021 Opinion or Order Filing 613 STIPULATION and [Proposed] Order, by Clearone, Inc.. (Flynn, Michael) Modified on 10/19/2021 (nms).
October 19, 2021 Opinion or Order Filing 612 ORDER granting in part D.I. #532 Joint MOTION to Redact Portions of June 9, 2021 Transcript of Summary Judgment Hearing . Signed by Judge Christopher J. Burke on 10/19/2021. (dlb)
October 19, 2021 Opinion or Order Filing 611 MOTION for Pro Hac Vice Appearance of Attorney Daniel Sheehan and Joseph Aronsohn - filed by Clearone, Inc..(Flynn, Michael) Modified on 10/19/2021 (nms).
October 19, 2021 Opinion or Order SO ORDERED, re #610 STIPULATION and Proposed Order to Extend Time to file redacted versions to October 26, 2021. Signed by Judge Richard G. Andrews on 10/19/2021. (nms)
October 19, 2021 Opinion or Order SO ORDERED, re #611 MOTION for Pro Hac Vice Appearance of Attorney Daniel Sheehan and Joseph Aronsohn, filed by Clearone, Inc.. Signed by Judge Richard G. Andrews on 10/19/2021. (nms)
October 19, 2021 Opinion or Order Motions No Longer Referred: #611 MOTION for Pro Hac Vice Appearance of Attorney Daniel Sheehan and Joseph Aronsohn (nms)
October 18, 2021 Opinion or Order Filing 610 STIPULATION and Proposed Order to Extend Time to file redacted versions to October 26, 2021 - filed by Shure Acquisition Holdings, Inc., Shure Incorporated. (Joyce, Alexandra) Modified on 10/19/2021 (nms).
October 18, 2021 Opinion or Order Filing 609 REDACTED VERSION of #541 REPORT AND RECOMMENDATIONS re #433 MOTION for Summary Judgment for Defendant's Business Tort Counterclaims and Affirmative Defense on Unclean Hands filed by Shure Acquisition Holdings, Inc., Shure Incorporated. (dlb)
October 18, 2021 Opinion or Order Filing 608 ORDER regarding D.I. #552 Joint Motion to Redact Portions of September 16, 2021 Report and Recommendation filed by Shure Acquisition Holdings, Inc., Shure Incorporated. Signed by Judge Christopher J. Burke on 10/18/2021. (dlb)
October 15, 2021 Opinion or Order Filing 607 ORDER: Shure's motion in limine (D.I. #582 ) is GRANTED in part, DENIED in part, and RESERVED in part (see Order for further details). Signed by Judge Richard G. Andrews on 10/15/2021. (nms)
October 15, 2021 Opinion or Order Filing 606 ORAL ORDER: For the reasons stated at the pretrial conference, the motion in limine (D.I. #577 ) to exclude evidence of litigations other than those between Shure and Clearone and evidence of litigiousness is GRANTED; the motions in limine (D.I. #580 ; D.I. #584 ) to preclude evidence relating to reliance on counsel is GRANTED, and the parties were instructed not to identify any participants in meetings as attorneys without the Courts express permission; and the motion in limine (D.I. #587 ) to exclude evidence of the identified Salesforce tag is GRANTED. Ordered by Judge Richard G. Andrews on 10/15/2021. (nms)
October 15, 2021 Opinion or Order Minute Entry for proceedings held before Judge Richard G. Andrews - Pretrial Conference held on 10/15/2021. Counsel for Plaintiffs: B. Lemon. Counsel for Defendant: M. Flynn. The parties are to submit a revised Pretrial Order to incorporate the Courts rulings at the pretrial conference. (Court Reporter Heather Triozzi.) (lak)
October 15, 2021 Opinion or Order CORRECTING ENTRY: The main pdf for D.I. #605 has been replaced with a corrected per counsel's request. (nms)
October 14, 2021 Opinion or Order Filing 605 [SEALED] OBJECTIONS by Shure Acquisition Holdings, Inc., Shure Incorporated to #575 Memorandum and Order, . (Attachments: #1 Exhibit 1-3, #2 Certification of Counsel, #3 Certificate of Service)(Joyce, Alexandra) (Main Document 605 replaced on 10/15/2021) (nms).
October 13, 2021 Opinion or Order Filing 604 [SEALED] REPLY BRIEF re #562 MOTION to Dismiss With Prejudice Shure's Business Tort Claims, filed by Clearone, Inc.. (Attachments: #1 Exhibits A-C)(Flynn, Michael) Modified on 10/14/2021 (nms).
October 13, 2021 Opinion or Order CORRECTING ENTRY: The pdf for D.I. #601 has been replaced with a corrected version per counsel's request. The date in the fourth line of the letter has been amended. (nms)
October 13, 2021 Opinion or Order Remark: The pretrial conference set for 10/15/2021 at 9:00 AM, will now be held in courtroom 6A. (lak)
October 12, 2021 Opinion or Order Filing 603 REDACTED VERSION of #566 Response to Objections by Clearone, Inc.. (Flynn, Michael)
October 12, 2021 Opinion or Order Filing 602 [SEALED] Letter to The Honorable Richard G. Andrews, from Michael Flynn, regarding Shure's unclean hands equitable defense. (Flynn, Michael) Modified on 10/13/2021 (nms).
October 12, 2021 Opinion or Order Filing 601 [SEALED] Letter to The Honorable Richard G. Andrews, from Michael Flynn, regarding unpled willful infringement allegations. (Flynn, Michael) Modified on 10/13/2021 (nms). (Main Document 601 replaced on 10/13/2021) (nms).
October 12, 2021 Opinion or Order Filing 600 [SEALED] Letter to The Honorable Richard G. Andrews, from Brian R. Lemon, Esq., regarding willful infringement. (Attachments: #1 Exhibits A-C, #2 Certificate of Service)(Lemon, Brian) Modified on 10/13/2021 (nms).
October 12, 2021 Opinion or Order Filing 599 Letter to The Honorable Richard G. Andrews from Brian R. Lemon, Esq. regarding Parties' Pretrial Dispute on Unclean Hands. (Lemon, Brian)
October 12, 2021 Opinion or Order Filing 598 Proposed Final Jury Instructions, by Shure Acquisition Holdings, Inc., Shure Incorporated. (Joyce, Alexandra) Modified on 10/13/2021 (nms).
October 12, 2021 Opinion or Order Filing 597 Proposed Preliminary Jury Instructions, by Shure Acquisition Holdings, Inc., Shure Incorporated. (Joyce, Alexandra) Modified on 10/13/2021 (nms).
October 12, 2021 Opinion or Order Filing 596 Proposed Voir Dire by Shure Acquisition Holdings, Inc., Shure Incorporated. (Joyce, Alexandra)
October 12, 2021 Opinion or Order Filing 595 Proposed Verdict Form, by Shure Acquisition Holdings, Inc., Shure Incorporated. (Joyce, Alexandra) Modified on 10/13/2021 (nms).
October 12, 2021 Opinion or Order Filing 594 [SEALED] Proposed Pretrial Order by Shure Acquisition Holdings, Inc., Shure Incorporated. (Attachments: #1 Exhibit 1-11, #2 Certificate of Service)(Joyce, Alexandra)
October 12, 2021 Opinion or Order Filing 593 REDACTED VERSION of #573 Joint Motion to Redact Limited Portions of October 5, 2021 Memorandum Order by Shure Acquisition Holdings, Inc., Shure Incorporated. (Joyce, Alexandra)
October 12, 2021 Opinion or Order Filing 592 SO ORDERED Granting #576 STIPULATION and Proposed Order to Extend Time to submit Objections and Responses. Signed by Judge Richard G. Andrews on 10/12/2021. (nms)
October 12, 2021 Opinion or Order Filing 591 SO ORDERED, re #590 STIPULATION TO EXTEND TIME (1) Joint Pretrial Order, (2) Preliminary Jury Instructions, (3) Proposed Final Jury Instructions, (4) Voir Dire, and (5) Verdict Sheet to October 12, 2021. Signed by Judge Richard G. Andrews on 10/12/2021. (nms)
October 12, 2021 Opinion or Order Motions No Longer Referred: #582 MOTION in Limine (#1); #587 MOTION in Limine (#3); #584 MOTION in Limine (#2); #580 MOTION in Limine No. 3, #577 MOTION in Limine No. 1; #578 MOTION in Limine No. 2. (nms)
October 12, 2021 Opinion or Order CORRECTING ENTRY: The pdf for D.I. 578 has been replaced with an amended version. The caption page has been corrected. (nms)
October 12, 2021 Opinion or Order Document Unsealed. D.I. #575 Memorandum Order, unsealed per notification from the parties that no redactions are requested. (mlc)
October 11, 2021 Opinion or Order Filing 590 STIPULATION TO EXTEND TIME (1) Joint Pretrial Order, (2) Preliminary Jury Instructions, (3) Proposed Final Jury Instructions, (4) Voir Dire, and (5) Verdict Sheet to October 12, 2021 - filed by Shure Acquisition Holdings, Inc., Shure Incorporated. (Joyce, Alexandra)
October 11, 2021 Opinion or Order Filing 589 [SEALED] ANSWERING BRIEF in Opposition re #562 MOTION to Dismiss With Prejudice Shure's Business Tort Claims filed by Shure Acquisition Holdings, Inc., Shure Incorporated.Reply Brief due date per Local Rules is 10/18/2021. (Attachments: #1 Exhibit 1-9, #2 Certificate of Service)(Joyce, Alexandra)
October 11, 2021 Opinion or Order Filing 588 [SEALED] EXHIBITS to #587 MOTION in Limine, by Shure Acquisition Holdings, Inc., Shure Incorporated. (Attachments: #1 Certificate of Service)(Joyce, Alexandra) Modified on 10/12/2021 (nms).
October 11, 2021 Opinion or Order Filing 587 [SEALED] MOTION in Limine (#3), Opposition, and Reply - filed by Shure Acquisition Holdings, Inc., Shure Incorporated. (Attachments: #1 Certificate of Service).(Joyce, Alexandra) Modified on 10/12/2021 (nms).
October 11, 2021 Opinion or Order Filing 586 [SEALED] EXHIBITS to #584 MOTION in Limine, by Shure Acquisition Holdings, Inc., Shure Incorporated. (Attachments: #1 Certificate of Service)(Joyce, Alexandra) Modified on 10/12/2021 (nms).
October 11, 2021 Opinion or Order Filing 585 Proposed Jury Verdict Form, by Clearone, Inc.. (Flynn, Michael) Modified on 10/12/2021 (nms).
October 11, 2021 Opinion or Order Filing 584 [SEALED] MOTION in Limine (#2), Opposition, and Reply - filed by Shure Acquisition Holdings, Inc., Shure Incorporated. (Attachments: #1 Certificate of Service)Motions.(Joyce, Alexandra) Modified on 10/12/2021 (nms).
October 11, 2021 Opinion or Order Filing 583 [SEALED] EXHIBITS to #582 MOTION in Limine, by Shure Acquisition Holdings, Inc., Shure Incorporated. (Attachments: #1 Certificate of Service)(Joyce, Alexandra) Modified on 10/12/2021 (nms).
October 11, 2021 Opinion or Order Filing 582 [SEALED] MOTION in Limine (#1), Opposition, and Reply - filed by Shure Acquisition Holdings, Inc., Shure Incorporated. (Attachments: #1 Certificate of Service).(Joyce, Alexandra) Modified on 10/12/2021 (nms).
October 11, 2021 Opinion or Order Filing 581 [SEALED] EXHIBITS to #580 MOTION in Limine No. 3, by Clearone, Inc.. (Flynn, Michael) Modified on 10/12/2021 (nms).
October 11, 2021 Opinion or Order Filing 580 [SEALED] MOTION in Limine No. 3 to Preclude Shure from Arguing Reliance on Counsel - filed by Clearone, Inc..(Flynn, Michael) Modified on 10/12/2021 (nms). Modified on 10/12/2021 (nms).
October 11, 2021 Opinion or Order Filing 579 [SEALED] EXHIBITS to #578 MOTION in Limine No. 2, by Clearone, Inc.. (Flynn, Michael) Modified on 10/12/2021 (nms).
October 11, 2021 Opinion or Order Filing 578 [SEALED] MOTION in Limine No. 2 to Preclude Shure From Introducing Evidence and Argument Regarding How ClearOne Developed/Selected the Appearance of the Accused BMA CT - filed by Clearone, Inc.. (Flynn, Michael) Modified on 10/12/2021 (nms). (Main Document 578 replaced on 10/12/2021) (nms).
October 11, 2021 Opinion or Order Filing 577 [SEALED] MOTION in Limine No. 1 to Preclude Evidence and Argument Relating to Litigations, Rulings or Accusations Made in Legal Proceedings Other Than Those Between Shure and ClearOne - filed by Clearone, Inc..(Flynn, Michael) Modified on 10/12/2021 (nms).
October 11, 2021 Opinion or Order Filing 576 STIPULATION and Proposed Order to Extend Time to submit Objections and Responses - filed by Shure Acquisition Holdings, Inc., Shure Incorporated. (Joyce, Alexandra) Modified on 10/12/2021 (nms).
October 8, 2021 Opinion or Order Filing 575 [UNSEALED] MEMORANDUM ORDER regarding D.I. #447 MOTION for Summary Judgment of No Lost Profits or Disgorgement for Shure's False Advertising Claims and MOTION to Preclude Certain Opinions of Shure Expert Witness Dr. Thomas Vander Veen filed by Clearone, Inc.. Signed by Judge Christopher J. Burke on 10/8/2021.This order will be emailed to local counsel. (dlb) Modified on 10/12/2021 (mlc).
October 8, 2021 Opinion or Order Filing 574 REDACTED VERSION of #569 Response to Objections by Shure Acquisition Holdings, Inc., Shure Incorporated. (Joyce, Alexandra)
October 8, 2021 Opinion or Order Filing 573 [SEALED] Joint Motion to Redact Limited Portions of October 5, 2021 Memorandum Order - filed by Shure Acquisition Holdings, Inc., Shure Incorporated. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Proposed Order, #4 Certificate of Service)Motions referred to Christopher J. Burke.(Joyce, Alexandra) Modified on 10/8/2021 (nms).
October 8, 2021 Opinion or Order Filing 572 ORDER: The Report and Recommendations (D.I. 555 ) is ADOPTED. Defendant's motion for summary judgment (D.I. #449 ) is DISMISSED AS MOOT. Signed by Judge Richard G. Andrews on 10/8/2021. (nms)
October 7, 2021 Opinion or Order Filing 571 MEMORANDUM ORDER: The Report and Recommendation (D.I. #535 ) is ADOPTED. Defendant's objections (D.I. #537 ) are OVERRULED. Defendant's motion for summary judgment of invalidity (D.I. #441 ) is DENIED. Signed by Judge Richard G. Andrews on 10/7/2021. (nms)
October 5, 2021 Opinion or Order Filing 570 [SEALED] MEMORANDUM ORDER re #437 MOTION to Exclude Testimony of Julia Rowe filed by Shure Acquisition Holdings, Inc., Shure Incorporated. Signed by Judge Christopher J. Burke on 10/5/2021.This order will be emailed to local counsel. (dlb)
October 4, 2021 Opinion or Order Remark: The pretrial conference set for 10/15/2021 at 9:00 AM, will now be held in courtroom 4A. (lak)
October 1, 2021 Opinion or Order Filing 569 [SEALED] RESPONSE to #560 Objections, by Shure Acquisition Holdings, Inc., Shure Incorporated . (Attachments: #1 Exhibit 1, #2 Certificate of Service)(Joyce, Alexandra) Modified on 10/4/2021 (nms).
October 1, 2021 Opinion or Order Filing 568 RESPONSE to #559 Objection, by Shure Acquisition Holdings, Inc., Shure Incorporated. (Joyce, Alexandra) Modified on 10/4/2021 (nms).
October 1, 2021 Opinion or Order Filing 567 REDACTED VERSION of #556 Objections by Shure Acquisition Holdings, Inc., Shure Incorporated. (Joyce, Alexandra)
September 30, 2021 Opinion or Order Filing 566 [SEALED] RESPONSE to #556 Objections, by Clearone, Inc. . (Flynn, Michael) Modified on 10/1/2021 (nms).
September 29, 2021 Opinion or Order Filing 565 STIPULATION and Proposed Order to Expedite Briefing, by Clearone, Inc.. (Flynn, Michael) Modified on 9/30/2021 (nms).
September 29, 2021 Opinion or Order Filing 564 DECLARATION of Christina Von der Ahe Rayburn re #562 MOTION to Dismiss With Prejudice Shure's Business Tort Claims, by Clearone, Inc.. (Attachments: #1 Exhibits A-H)(Flynn, Michael) Modified on 9/30/2021 (nms).
September 29, 2021 Opinion or Order Filing 563 MEMORANDUM in Support re #562 MOTION to Dismiss With Prejudice Shure's Business Tort Claims, filed by Clearone, Inc..Answering Brief/Response due date per Local Rules is 10/13/2021. (Flynn, Michael) Modified on 9/30/2021 (nms).
September 29, 2021 Opinion or Order Filing 562 MOTION to Dismiss With Prejudice Shure's Business Tort Claims - filed by Clearone, Inc.. Motions referred to Christopher J. Burke.(Flynn, Michael) Modified on 9/30/2021 (nms).
September 27, 2021 Opinion or Order Filing 561 REDACTED VERSION of #552 Joint Motion to Redact Portions of September 16, 2021 Report and Recommendation by Shure Acquisition Holdings, Inc., Shure Incorporated. (Joyce, Alexandra)
September 24, 2021 Opinion or Order Filing 560 OBJECTIONS to 544 Oral Order, by Clearone, Inc.. (Flynn, Michael) Modified on 9/27/2021 (nms).
September 24, 2021 Opinion or Order Filing 559 OBJECTION to #545 Report and Recommendations by Clearone, Inc.. (Flynn, Michael)
September 24, 2021 Opinion or Order Filing 558 NOTICE of Withdrawal of Counsel Andrew M. Moshos, by Clearone, Inc.. (Moshos, Andrew) Modified on 9/24/2021 (nms).
September 24, 2021 Opinion or Order Filing 557 Letter to The Honorable Christopher J. Burke, from Michael Flynn, regarding Report and Recommendations (D.I. 555 ). (Flynn, Michael) Modified on 9/27/2021 (nms).
September 23, 2021 Opinion or Order Filing 556 [SEALED] OBJECTIONS to #541 Report and Recommendations, by Shure Acquisition Holdings, Inc., Shure Incorporated. (Attachments: #1 Certification By Counsel, #2 Certificate of Service)(Joyce, Alexandra) Modified on 9/24/2021 (nms).
September 23, 2021 Opinion or Order Filing 555 REPORT AND RECOMMENDATIONS: The Court, having reviewed the parties' letters, (D.I. 548; D.I. 550; D.I. 551), hereby ORDERS as follows: (1) The Court recommends that Defendants Motion for Partial Summary Judgement of No Liability for Certain Alleged False Statements, (D.I. 449), be DENIED AS MOOT. In light of the Courts limited resources, it does not make sense for the Court to adjudicate a motion seeking summary judgment as to claims (i.e., Shure's non-patent claims) that will not be asserted at the upcoming trial or otherwise in this case.; (2) The parties shall meet and confer regarding the appropriate disposition of Shure's non-patent claims (e.g. dismissal with or without prejudice). The Court hopes that the parties can reach an agreement regarding the issue. (D.I. 551 at 2) If the parties cannot come to an agreement, they can raise the issue with the District Court.; (3) By no later than the close of business on September 24, 2021, ClearOne shall advise (by way of a short letter) what portions of its Combined Motion for Summary Judgment of No Lost Profits or Disgorgement for Shure's False Advertising Claims and Motion to Exclude Certain Opinions of Shure Expert Witness Dr. Thomas Vander Veen, (D.I. 447), the Court needs to decide under the above rationale (i.e., that the Court will not be adjudicating issues relating to claims that will not be asserted at trial). 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 10/7/2021. Ordered by Judge Christopher J. Burke on 9/23/2021. (dlb)
September 22, 2021 Opinion or Order Filing 554 REDACTED VERSION of #540 Unopposed Motion to Redact Portion of September 10, 2021 Memorandum Order by Clearone, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Moshos, Andrew)
September 21, 2021 Opinion or Order Filing 553 RESPONSE to #537 Objections, by Shure Acquisition Holdings, Inc., Shure Incorporated. (Joyce, Alexandra) Modified on 9/22/2021 (nms).
September 21, 2021 Opinion or Order Filing 552 [SEALED] Joint Motion to Redact Portions of September 16, 2021 Report and Recommendation - filed by Shure Acquisition Holdings, Inc., Shure Incorporated. (Attachments: #1 Exhibits A-B, #2 Proposed Order, #3 Certificate of Service)Motions referred to Christopher J. Burke.(Joyce, Alexandra) Modified on 9/22/2021 (nms).
September 21, 2021 Opinion or Order Filing 551 Letter to The Honorable Richard G. Andrews and The Honorable Christopher J. Burke, from Alexandra M. Joyce, Esq., regarding Response to ClearOne's Letter Regarding Shure's Withdrawn Claims(D.I. #550 ). (Attachments: #1 Exhibit 1)(Joyce, Alexandra) Modified on 9/21/2021 (nms).
September 20, 2021 Opinion or Order Filing 550 Letter to The Honorable Richard G. Andrews and The Honorable Christopher J. Burke, from Michael Flynn, regarding Plaintiffs' September 17, 2021 Letter (D.I. #548 ). (Attachments: #1 Exhibits A-B)(Flynn, Michael) Modified on 9/21/2021 (nms).
September 20, 2021 Opinion or Order Filing 549 ORAL ORDER: The Court, having reviewed Plaintiffs' September 17, 2021 letter, (D.I. 548), hereby ORDERS that with regard to Defendant's Motion for Partial Summary Judgement of No Liability for Certain Alleged False Statements ("Motion"), (D.I. 449), by no later than September 20, 2021, Defendant shall advise (by way of a short letter) as to whether it agrees that in light of Plaintiffs' letter, the Motion can be denied as moot (or if not, why not). Ordered by Judge Christopher J. Burke on 9/20/2021. (dlb)
September 17, 2021 Opinion or Order Filing 548 Letter to The Honorable Richard G. Andrews and The Honorable Christopher J. Burke from Alexandra M. Joyce, Esq. regarding Streamlining Issues for Trial. (Joyce, Alexandra)
September 17, 2021 Opinion or Order Filing 547 REDACTED VERSION of D.I. #539 Memorandum Order. (mlc)
September 17, 2021 Opinion or Order Filing 546 ORDER GRANTING D.I. #540 Unopposed Motion to Redact Portion of September 10, 2021 Memorandum Order filed by Clearone, Inc. Signed by Judge Christopher J. Burke on 9/17/2021. (mlc)
September 17, 2021 Opinion or Order Filing 545 REPORT AND RECOMMENDATION regarding D.I. #443 MOTION for Summary Judgment of Non-Infringement filed by Clearone, 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 9/24/2021; responses due by 10/1/2021. Signed by Judge Christopher J. Burke on 9/17/2021. (mlc)
September 17, 2021 Opinion or Order Filing 544 ORAL ORDER: The Court, having reviewed Defendant's motion to strike certain opinions of Plaintiffs' expert Paul Hatch ("Motion"), (D.I. #445 ), and the briefing related thereto, (D.I. 446; D.I. 478; D.I. 505), and having considered, inter alia, Federal Rule of Evidence 702 and the principles set out in Daubert v. Merrell Dow Pharm., Inc., 509 U.S. 579 (1993) and its progeny, hereby ORDERS as follows: (1) With regard to the request that Mr. Hatch's infringement opinions should be excluded because they rely on an incorrect claim construction, (D.I. 446 at 1-2), the Motion is GRANTED-IN-PART and DENIED-IN-PART in the manner set out in the Court's to-be-filed Report and Recommendation regarding Defendant's Motion for Summary Judgment of Non-Infringement.; (2) With regard to the request that Mr. Hatch's opinions on "Gestalt Theory" or "visual perception" should be excluded, (id. at 2-3), it is DENIED. As an initial matter, the Court does not understand or expect that Mr. Hatch will be testifying about "Gestalt Theory." The words "Gestalt Theory" never appear in his expert reports, (D.I. 478 at 4), and to the extent he used the term in his technical tutorial, (D.I. 446 at 2), that tutorial will not be evidence at trial, (D.I. 478 at 4). As for testimony as to how concepts of "visual perception" affect his work as an expert, or how they impact what an ordinary observer would perceive, Mr. Hatch is sufficiently qualified to speak on that topic. He has over 25 years of industrial design experience, (D.I. 473, ex. A at para. 4), and he repeatedly testified about how visual perception is an important concept used by industrial designers--one that he has discussed, researched and presented on for years, (id., ex. A at para. 7; D.I. 478, ex. 4 at 243-44, 249-51; D.I. 478, ex. 7 at 182-84). Moreover, the only paragraph of Mr. Hatch's expert reports that Defendant challenges on this ground is one where Mr. Hatch speaks about how an ordinary observer might find certain design elements to be "primary" or "secondary[,]" (D.I. 446 at 3; D.I. 505 at 1); that language sounds much like the use of the words "prominent" or "noticeable" or "significant," which Defendant's design expert repeatedly uses as well, (D.I. 478, ex. 5 at paras. 60, 62-63, 65, 69, 71, 81, 90, 93). Such testimony is also certainly relevant to the liability issues in the case.; (3) With regard to the request that Mr. Hatch's "copying opinions" be excluded, (D.I. 446 at 4), it is GRANTED-IN-PART and DENIED-IN-PART. To the extent that Mr. Hatch relies on record evidence suggesting that Defendant copied the ornamental aspects of the claimed design, (D.I. 451, ex. 8 at para. 23; id., ex. 5 at paras. 50, 53; id., ex. 10 at paras. 19-23; see also D.I. 446 at 4), the Motion is DENIED. The Court is not convinced that evidence of copying the ornamental aspects of the claimed design would be absolutely irrelevant to the ordinary observer test (because if the facts suggested that the Defendant set out to and actually accomplished the copying of the ornamental aspects of the claimed design, then that might help explain why it is that an ordinary observer would think that the two designs are substantially the same). Plus, evidence of such copying can also be relevant to objective indicia of non-obviousness in a design patent case. See High Point Design LLC v. Buyers Direct, Inc., 730 F.3d 1301, 1312-15 (Fed. Cir. 2013). To the extent that Mr. Hatch relies on record evidence suggesting that Defendant copied functional, unclaimed aspects of Plaintiffs' products (like the internal microphone configuration), (D.I. 451, ex. 8 at para. 63), the Motion is GRANTED. The Court cannot see, and Plaintiffs did not explain, how such evidence could be relevant to the claims and defenses in this design patent infringement case. (D.I. 446 at 4 n.3; D.I. 505 at 2 n.3); (4) With regard to the request that Mr. Hatch's opinion as to the similarity between the Accused Products and the commercial embodiments ("CEs") be excluded, (D.I. 446 at 4-5), it is DENIED. In its opening brief, the basis for Defendant's request was that Mr. Hatch had failed to "support [his] conclusion [that the CEs and the Accused Products were similar] with any comparison of the [CEs]... to the [A]ccused [P]roducts." (Id. at 5) But it is permissible to make this comparison as part of the infringement analysis if the CEs and the claimed design are substantially the same, L.A. Gear, Inc. v. Thom McAn Shoe Co., 988 F.2d 1117, 1125-26 (Fed. Cir. 1993), and Mr. Hatch explains in his expert reports both why he thinks the claimed design and the MXA910, MXA910-A and MXA910-US products (i.e., the CEs) are very similar, (D.I. 451, ex. 8 at paras. 114-19; D.I. 473, ex. B at para. 23), and why the CEs and the Accused Products are very similar, (D.I. 473, ex. B at paras. 22-23, 97-100).; (5) With regard to the request that Mr. Hatch's opinions regarding commercial success and praise be excluded, (D.I. 446 at 5-6), it is DENIED WITHOUT PREJUDICE TO RENEW before the District Court (e.g., via a motion in limine or in some other fashion). The request turns on whether a nexus between commercial success/praise and the claimed invention can ever be presumed in a design patent case, or, if it can, whether it should so be presumed here, in light of the nature of the CEs and the asserted design patent. (D.I. 478 at 3-4; D.I. 505 at 3-4) Defendant made a good argument for exclusion in its reply brief. (D.I. 505 at 3-4) But because this particular request for exclusion was so sparsely briefed, and because the key issue did not really crystallize until the later stages of briefing, the Court is concerned that Plaintiffs did not have a fair chance to argue the issue.; and (6) With regard to the request that Mr. Hatch's opinions regarding the market/industry be excluded, (D.I. 446 at 6-7), it is DENIED. Although Defendant claims that many of the challenged paragraphs in Mr. Hatch's reports, (see id. at 6 n.5), involve Mr. Hatch stating conclusions that are "not based in fact[,]" (id. at 6), most of those paragraphs actually involve Mr. Hatch referencing record evidence, or Mr. Hatch relying on the opinions of Plaintiffs' market expert, Mr. Weinstein, (D.I. 451, ex. 8 at paras. 21-23, 35, 80-83; id., ex. 5 at paras. 7-13, 24, 52; id., ex. 10 at paras. 8-9, 14-18, 33, 40, 78-79). Other challenged paragraphs relate to industrial design, which is Mr. Hatch's area of expertise. (Id., ex. 8 at paras. 120-24) None of this is objectionable. To the extent Defendant's quarrel is that Mr. Hatch made mistakes and contradicted things that Mr. Weinstein testified to, (D.I. 446 at 6-7; D.I. 505 at 4), that argument reads like an outline for cross-examination, not a basis to exclude testimony. Objections to this Order are due by September 24, 2021 and responses by October 1, 2021. Ordered by Judge Christopher J. Burke on 9/17/2021. (mlc)
September 16, 2021 Opinion or Order Filing 543 ORDER: The Report and Recommendation (D.I. #536 ) is ADOPTED. Plaintiffs' motion for summary judgment (D.I. #435 ) is DENIED. Signed by Judge Richard G. Andrews on 9/16/2021. (nms)
September 16, 2021 Opinion or Order Filing 542 MOTION for Pro Hac Vice Appearance of Attorney Christine Woodin - filed by Clearone, Inc.. Motions referred to Christopher J. Burke.(Flynn, Michael)
September 16, 2021 Opinion or Order Filing 541 [SEALED] REPORT AND RECOMMENDATIONS regarding D.I. #433 MOTION for Summary Judgment for Defendant's Business Tort Counterclaims and Affirmative Defense on Unclean Hands filed by Shure Acquisition Holdings, Inc., Shure Incorporated. 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 9/23/2021; responses due by 9/30/2021.. Signed by Judge Christopher J. Burke on 9/16/2021.This order has been emailed to local counsel. (mlc)
September 16, 2021 Opinion or Order SO ORDERED D.I. #542 MOTION for Pro Hac Vice Appearance of Attorney Christine Woodin filed by Clearone, Inc. Ordered by Judge Christopher J. Burke on 9/16/2021. (mlc)
September 15, 2021 Opinion or Order Filing 540 [SEALED] Unopposed Motion to Redact Portion of September 10, 2021 Memorandum Order - filed by Clearone, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)Motions referred to Christopher J. Burke.(Moshos, Andrew) Modified on 9/16/2021 (nms).
September 10, 2021 Opinion or Order Filing 539 [SEALED] MEMORANDUM ORDER re #484 MOTION to Strike filed by Clearone, Inc.. Signed by Judge Christopher J. Burke on 9/10/2021.This order will be emailed to local counsel. (dlb)
September 7, 2021 Opinion or Order Filing 538 NOTICE OF SERVICE of Supplemental Expert Report of Paul Waadevig - filed by Clearone, Inc..(Flynn, Michael)
September 7, 2021 Opinion or Order Filing 537 OBJECTIONS to #535 Report and Recommendations, by Clearone, Inc.. (Flynn, Michael) Modified on 9/8/2021 (nms).
September 1, 2021 Opinion or Order Filing 536 REPORT AND RECOMMENDATIONS re [SEALED] MOTION for Summary Judgment on ClearOne's Inventorship Defense (D.I. 435). 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 9/15/2021. Signed by Judge Christopher J. Burke on 9/1/2021. (dlb)
August 25, 2021 Opinion or Order Document Unsealed. #535 REPORT AND RECOMMENDATIONS re #441 MOTION for Summary Judgment of Invalidity filed by Clearone, Inc. (dlb)
August 23, 2021 Opinion or Order Filing 535 REPORT AND RECOMMENDATIONS regarding #441 MOTION for Summary Judgment of Invalidity filed by Clearone, 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 9/7/2021. Signed by Judge Christopher J. Burke on 8/23/2021.This order will be emailed to local lead counsel. (dlb) Modified on 8/25/2021 (dlb)Doucument unsealed per email from counsel for no redactions.
August 20, 2021 Opinion or Order Filing 534 REDACTED VERSION of #532 Joint MOTION to Redact Portions of June 9, 2021 Transcript of Summary Judgment Hearing by Shure Acquisition Holdings, Inc., Shure Incorporated. (Joyce, Alexandra)
August 18, 2021 Opinion or Order REDACTION NOTICE: In accordance with section G of the Administrative Procedures Governing Filing and Service by Electronic Means, redacted versions of sealed documents shall be filed electronically within 7 days of the filing of the sealed document. The records of this case do not reflect the filing of a redacted version of DI #532 . (nms)
August 17, 2021 Opinion or Order Filing 533 ORAL ORDER: The Court, having reviewed Plaintiffs' motion to exclude and strike certain testimony of Defendant's market expert Paul Waadevig ("Motion"), (D.I. 439), and the briefing related thereto, (D.I. 440; D.I. 477; D.I. 502), hereby ORDERS as follows: (1) The first portion of the Motion relates to Plaintiffs' request to exclude Mr. Waadevig's opinion on non-infringing alternatives, (D.I. 440 at 3), which is found in paragraph 39 of his responsive expert report ("paragraph 39"), (id., ex. 3 at para. 39). This portion of the Motion is DENIED. In paragraph 39, Mr. Waadevig opines that 11 alternative designs that Defendant proposed for the front face of its accused BMA CT, BMA CTH and BMA 360 products "would generally be commercially acceptable to consumers in the installed audio-conferencing market." (Id.) Pursuant to Fed. R. Evid. 702 and the principles espoused in Daubert v. Merrell Dow Pharm., Inc., 509 U.S. 579 (1993), in order for such testimony to be sufficiently reliable, it must be based on recognized methods and procedures, not "subjective belief or unsupported opinion[,]" Schneider ex rel. Estate of Schneider v. Fried, 320 F.3d 396, 404 (3d Cir. 2003); see also Fed. R. Evid. 702 advisory committee's note to 2000 amendments (noting that if an expert witness is relying on his experience in a field to bolster his opinion, he must explain how that experience leads to the conclusion reached" and not simply require the fact finder to "tak[e his] word for it[]") (internal quotation marks and citation omitted). In paragraph 39 itself, Mr. Waadevig did not explain why or how his experience led him to conclude that the products at issue would be commercially acceptable. And during his deposition, he very ill-advisedly made things worse when he responded to a question on this subject by flippantly suggesting that he had "no backing" for the conclusion, and had simply "put [it] in on purpose" because Plaintiffs' expert similarly had "no backing" for many of his opinions in the case. (D.I. 440, ex. 2 at 194) But with all that being said, Mr. Waadevig and Defendant subsequently made clear that this deposition comment was meant in jest. (D.I. 480, ex. 98 at para. 4) More importantly, in paragraph 38 of his responsive expert report, Mr. Waadevig had explained that if a ceiling microphone product has an "invisible" or "near invisible" look when it is flush-mounted to a ceiling, then this could render it a commercially acceptable product for consumers. (D.I. 440, ex. 3 at para. 38) In light of what is in that paragraph, and in light of Mr. Waadevig's further explanation during his deposition, the Court can see how Mr. Waadevig has sufficiently articulated his opinion that the 11 alternate designs (or at least 10 of those 11 designs) for the BMA CT, BMA CTH and BMA 360 products at issue would be commercially acceptable to consumers because they had the aforementioned type of invisible or unobtrusive look when they are installed. (Id; see also id., ex. 2 at 194 (Mr. Waadevig noting in his deposition that the basis for his opinion on commercial acceptability was that 10 of the 11 designs "look[] like something that would be in the ceiling" and "look[] like a HVAC or a speaker"); D.I. 480, ex. 98 at para. 5) Thus, Mr. Waadevig has explained how his experience in this market led to his conclusion on commercial acceptability, such that his opinion is sufficiently reliable to pass muster under Rule 702.; and (2) The second portion of the Motion relates to Plaintiffs' request to strike (pursuant to Fed. R. Civ. P. 26(a)(2)(B)) the portions of Mr. Waadevig's opening expert report wherein he incorporates by reference two other expert reports (the "other material") that he submitted in a related Illinois litigation between the parties. (D.I. 440 at 3-4) This portion of the Motion is GRANTED. Mr. Waadevig's opening expert report in this case does not make clear exactly what portions of the other material he intends to rely on here. (Id., ex. 1 at para. 12) And in his deposition, Mr. Waadevig did not clear things up, as he: (a) acknowledged that he did not mean to incorporate all of this other material into his testimony in this case (only unspecified portions that amount to "background of the [relevant] market"); and (b) said that he could not "recall anything specific" from the other material that he actually did intend to rely on in this case. (Id., ex. 2 at 26) That kind of opacity amounts to "hiding the ball," and is not in line with the letter or the spirit of Rule 26(a)(2)(B). Cf. Sprint Commc'ns Co. LP v. Charter Commc'ns, Inc., C.A. No. 17-1734-RGA, 2021 WL 979307, at *3 (D. Del. Mar. 16, 2021). However, Defendant now appears to have identified the relevant portions of the other material that Mr. Waadevig does mean to rely on in this case. (D.I. 477 at 2 (citing portions of D.I. 479, exs. 91-92)) And it seems unlikely that this material is unfamiliar to Plaintiffs. Thus, the Court further ORDERS that Defendant may timely "supplement [Mr. Waadevig's report] with information from [the other material] that is germane to this litigation." Sprint, 2021 WL 979307, at *4. Ordered by Judge Christopher J. Burke on 8/17/2021. (dlb)
August 6, 2021 Opinion or Order Filing 532 [SEALED] Joint MOTION to Redact Portions of June 9, 2021 Transcript of Summary Judgment Hearing - filed by Clearone, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)Motions referred to Christopher J. Burke.(Moshos, Andrew)
August 2, 2021 Opinion or Order Filing 531 STIPULATION and Proposed Order Schedule for Pretrial Exchanges by Shure Acquisition Holdings, Inc., Shure Incorporated. (Joyce, Alexandra)
August 2, 2021 Opinion or Order SO ORDERED D.I. #531 Stipulation regarding Pretrial exchanges filed by Shure Acquisition Holdings, Inc., Shure Incorporated. Ordered by Judge Christopher J. Burke on 8/2/2021. (dlb)
July 30, 2021 Opinion or Order Filing 530 STIPULATION TO EXTEND TIME for the parties to file a motion to request redactions to the transcript of the summary judgment hearing to August 6, 2021 - filed by Clearone, Inc.. (Moshos, Andrew)
July 30, 2021 Opinion or Order Set/Reset Transcript Deadlines re #527 Transcript. Redaction Request due 8/6/2021 per granting of stipulation (dlb)
July 30, 2021 Opinion or Order SO ORDERED D.I. #530 STIPULATION TO EXTEND TIME for the parties to file a motion to request redactions to the transcript of the summary judgment hearing to August 6, 2021 filed by Clearone, Inc. Ordered by Judge Christopher J. Burke on 7/30/2021. (dlb)
July 29, 2021 Opinion or Order Filing 529 NOTICE requesting Clerk to remove Karen Younkins as co-counsel.. (Moshos, Andrew)
July 21, 2021 Opinion or Order Filing 528 NOTICE of Subsequent Authority by Clearone, Inc. (Attachments: #1 Exhibit A)(Flynn, Michael)
July 9, 2021 Opinion or Order Filing 527 Official Transcript of Summary Judgment Hearing held on 06/09/21 before Judge Christopher J. Burke. Court Reporter Deanna Warner,Email: Warnerdeanna@gmail.com. Transcript may be viewed at the court public terminal or order/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 7/30/2021. Redacted Transcript Deadline set for 8/9/2021. Release of Transcript Restriction set for 10/7/2021. (Triozzi, Heather)
June 21, 2021 Opinion or Order CORRECTING ENTRY: The pdf for D.I. #513 has been replaced per counsel's request. Citations have been corrected. D.I. #524 has also been replace with a corrected version, and the NEF for the filing regenerated. (nms)
June 17, 2021 Opinion or Order Filing 526 REDACTED VERSION of #514 Notice of Lodging, by Shure Acquisition Holdings, Inc., Shure Incorporated. (Joyce, Alexandra) Modified on 6/21/2021 (nms).
June 17, 2021 Opinion or Order Filing 525 NOTICE requesting Clerk to remove Sydney English as co-counsel.. (Silver, Daniel)
June 16, 2021 Opinion or Order Filing 524 REDACTED VERSION of #513 Notice of Lodging, by Clearone, Inc.. (Moshos, Andrew) Modified on 6/17/2021 (nms).
June 14, 2021 Opinion or Order CORRECTING ENTRY: D.I. #503 and D.I. #507 have been placed under seal per counsel's request. (nms)
June 14, 2021 Opinion or Order CORRECTING ENTRY: The pdf for the filing at D.I. #522 has been replaced per counsel's request. The title on the document has been amended. The NEF for the filing has been regenerated. (nms)
June 14, 2021 Opinion or Order CORRECTING ENTRY: SEALED PDF filed 6/2/21 at D.I. 507 has been replaced per request from filer. (dlb)
June 11, 2021 Opinion or Order Filing 523 REDACTED VERSION of #508 Declaration, by Clearone, Inc.. (Attachments: #1 Exhibit 120-126)(Moshos, Andrew)
June 11, 2021 Opinion or Order Filing 522 REDACTED VERSION of #507 Reply Brief by Clearone, Inc.. (Moshos, Andrew) (Main Document 522 replaced on 6/14/2021) (nms).
June 11, 2021 Opinion or Order Filing 521 REDACTED VERSION of #506 Reply Brief, by Clearone, Inc.. (Moshos, Andrew)
June 11, 2021 Opinion or Order Filing 520 REDACTED VERSION of #505 Reply Brief by Clearone, Inc.. (Moshos, Andrew)
June 11, 2021 Opinion or Order Filing 519 REDACTED VERSION of #504 Reply Brief by Clearone, Inc.. (Moshos, Andrew)
June 11, 2021 Opinion or Order Filing 518 REDACTED VERSION of #503 Reply Brief by Clearone, Inc.. (Moshos, Andrew)
June 11, 2021 Opinion or Order Filing 517 REDACTED VERSION of #501 Reply Brief by Shure Acquisition Holdings, Inc., Shure Incorporated. (Joyce, Alexandra)
June 11, 2021 Opinion or Order Filing 516 REDACTED VERSION of #500 Reply Brief by Shure Acquisition Holdings, Inc., Shure Incorporated. (Joyce, Alexandra)
June 11, 2021 Opinion or Order Filing 515 REDACTED VERSION of #499 Reply Brief, by Shure Acquisition Holdings, Inc., Shure Incorporated. (Joyce, Alexandra)
June 10, 2021 Opinion or Order Filing 514 [SEALED] NOTICE of Lodging, by Shure Acquisition Holdings, Inc., Shure Incorporated. (Attachments: #1 Exhibits, #2 Certificate of Service)(Joyce, Alexandra) Modified on 6/11/2021 (nms).
June 10, 2021 Opinion or Order Filing 513 [SEALED] NOTICE of Lodging by Clearone, Inc. (Flynn, Michael)
June 9, 2021 Opinion or Order SO ORDERED D.I. #512 STIPULATION TO EXTEND TIME the deadline for the parties to file their respective public versions of Summary Judgment and Daubert reply briefs and related exhibits to June 11, 2021 filed by Clearone, Inc. Ordered by Judge Christopher J. Burke on 6/9/2021. (dlb)
June 9, 2021 Opinion or Order Minute Entry for proceedings held before Judge Christopher J. Burke - Oral Argument held on 6/9/2021 regarding D.I. #441 MOTION for Summary Judgment of Invalidity filed by Clearone, Inc., D.I. #433 MOTION for Summary Judgment for Defendant's Business Tort Counterclaims and Affirmative Defense on Unclean Hands filed by Shure Acquisition Holdings, Inc., Shure Incorporated, D.I. #484 MOTION to Strike filed by Clearone, Inc., D.I. #437 MOTION to Exclude Testimony of Julia Rowe filed by Shure Acquisition Holdings, Inc., Shure Incorporated. The Court heard argument from the parties and took the motions under advisement. (Court Reporter Deanna Warner. Clerk: M. Crawford) Appearances: B. Lemon, G. Ivey, E. Ferrill, E. Cook, D. McCorquindale, S. English, A. Boyer, J. Schaffner, V. Arezina for Plaintiffs; M. Flynn, D. Dixon, C. Rayburn, K. Younkins, S. Mishra for Defendant. (mlc)
June 8, 2021 Opinion or Order Filing 512 STIPULATION TO EXTEND TIME the deadline for the parties to file their respective public versions of Summary Judgment and Daubert reply briefs and related exhibits to June 11, 2021 - filed by Clearone, Inc.. (Moshos, Andrew)
June 7, 2021 Opinion or Order Filing 511 ORAL ORDER: The Court, having reviewed the parties' June 4, 2021 letter regarding the hearing set for June 9, 2021, (D.I. 510), hereby ADOPTS the parties' proposal regarding the order in which the listed motions will be argued. Ordered by Judge Christopher J. Burke on 6/4/2021. (dlb)
June 4, 2021 Opinion or Order Filing 510 Joint Letter to The Honorable Christopher J. Burke from Alexandra M. Joyce, Esq. regarding Hearing Scheduled for June 9, 2021. (Joyce, Alexandra)
June 4, 2021 Opinion or Order Filing 509 Letter to The Honorable Christopher J. Burke, from Michael Flynn, regarding reply in support of Motion to Strike (D.I. #484 ). (Attachments: #1 Exhibits K-L)(Flynn, Michael) Modified on 6/4/2021 (nms).
June 2, 2021 Opinion or Order Filing 508 [SEALED] DECLARATION of Karen Younkins re #505 Reply Brief, #506 Reply Brief, #503 Reply Brief, #507 Reply Brief, and #504 Reply Brief, by Clearone, Inc.. (Attachments: #1 Exhibits 120-126)(Flynn, Michael) Modified on 6/2/2021 (nms).
June 2, 2021 Opinion or Order Filing 507 REPLY BRIEF re #449 MOTION for Partial Summary Judgment of No Liability for Certain Alleged False Statements - filed by Clearone, Inc.. (Flynn, Michael)
June 2, 2021 Opinion or Order Filing 506 [SEALED] REPLY BRIEF re #447 MOTION for Summary Judgment of No Lost Profits or Disgorgement for Shure's False Advertising Claims MOTION to Preclude Certain Opinions of Shure Expert Witness Dr. Thomas Vander Veen - filed by Clearone, Inc.. (Flynn, Michael)
June 2, 2021 Opinion or Order Filing 505 [SEALED] REPLY BRIEF re #445 MOTION to Strike Certain Opinions of Paul Hatch filed by Clearone, Inc.. (Flynn, Michael)
June 2, 2021 Opinion or Order Filing 504 [SEALED] REPLY BRIEF re #443 MOTION for Summary Judgment of Non-Infringement - filed by Clearone, Inc.. (Flynn, Michael)
June 2, 2021 Opinion or Order Filing 503 REPLY BRIEF re #441 MOTION for Summary Judgment of Invalidity - filed by Clearone, Inc.. (Flynn, Michael)
June 2, 2021 Opinion or Order Filing 502 REPLY BRIEF re #439 MOTION to Exclude and Strike Testimony of Paul Waadevig filed by Shure Acquisition Holdings, Inc., Shure Incorporated. (Joyce, Alexandra)
June 2, 2021 Opinion or Order Filing 501 [SEALED] REPLY BRIEF re #437 MOTION to Exclude Testimony of Julia Rowe filed by Shure Acquisition Holdings, Inc., Shure Incorporated. (Attachments: #1 Certificate of Service)(Joyce, Alexandra)
June 2, 2021 Opinion or Order Filing 500 [SEALED] REPLY BRIEF re #435 MOTION for Summary Judgment on ClearOne's Inventorship Defense filed by Shure Acquisition Holdings, Inc., Shure Incorporated. (Attachments: #1 Certificate of Service)(Joyce, Alexandra)
June 2, 2021 Opinion or Order Filing 499 [SEALED] REPLY BRIEF re #433 MOTION for Summary Judgment for Defendant's Business Tort Counterclaims and Affirmative Defense on Unclean Hands filed by Shure Acquisition Holdings, Inc., Shure Incorporated. (Attachments: #1 Exhibit 58, #2 Certificate of Service)(Joyce, Alexandra)
June 1, 2021 Opinion or Order Filing 498 Letter to The Honorable Christopher J. Burke, from Brian R. Lemon, Esq., regarding answering letter brief. (Attachments: #1 Exhibits A-D)(Lemon, Brian) Modified on 6/1/2021 (nms).
May 28, 2021 Opinion or Order Filing 497 REDACTED VERSION of #485 Letter, by Clearone, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E-F, #6 Exhibit G, #7 Exhibit H-I)(Moshos, Andrew)
May 26, 2021 Opinion or Order Filing 496 REDACTED VERSION of #478 Answering Brief in Opposition, by Shure Acquisition Holdings, Inc., Shure Incorporated. (Joyce, Alexandra)
May 26, 2021 Opinion or Order Filing 495 REDACTED VERSION of #480 Declaration, by Clearone, Inc.. (Attachments: #1 Exhibit 93-119)(Moshos, Andrew)
May 26, 2021 Opinion or Order Filing 494 REDACTED VERSION of #479 Declaration, by Clearone, Inc.. (Attachments: #1 Exhibit 65-92)(Moshos, Andrew)
May 26, 2021 Opinion or Order Filing 493 REDACTED VERSION of #477 Answering Brief in Opposition by Clearone, Inc.. (Moshos, Andrew)
May 26, 2021 Opinion or Order Filing 492 REDACTED VERSION of #476 Answering Brief in Opposition by Clearone, Inc.. (Moshos, Andrew)
May 26, 2021 Opinion or Order Filing 491 REDACTED VERSION of #473 Answering Brief in Opposition, by Shure Acquisition Holdings, Inc., Shure Incorporated. (Attachments: #1 Pt. 2 of 2)(Joyce, Alexandra)
May 26, 2021 Opinion or Order Filing 490 REDACTED VERSION of #475 Answering Brief in Opposition by Clearone, Inc.. (Moshos, Andrew)
May 26, 2021 Opinion or Order Filing 489 REDACTED VERSION of #474 Answering Brief in Opposition, by Clearone, Inc.. (Moshos, Andrew)
May 26, 2021 Opinion or Order Filing 488 REDACTED VERSION of #472 Answering Brief in Opposition, by Shure Acquisition Holdings, Inc., Shure Incorporated. (Joyce, Alexandra)
May 26, 2021 Opinion or Order Filing 487 REDACTED VERSION of #471 Answering Brief in Opposition, by Shure Acquisition Holdings, Inc., Shure Incorporated. (Joyce, Alexandra)
May 26, 2021 Opinion or Order Filing 486 REDACTED VERSION of #470 Answering Brief in Opposition, by Shure Acquisition Holdings, Inc., Shure Incorporated. (Silver, Daniel)
May 24, 2021 Opinion or Order Filing 485 [SEALED] Letter to The Honorable Christopher J. Burke, from Michael J. Flynn, regarding opening letter brief in support of Motion to Strike. (Attachments: #1 Exhibits A-D, #2 Exhibits E-F, #3 Exhibits G-I)(Flynn, Michael) Modified on 5/25/2021 (nms).
May 24, 2021 Opinion or Order Filing 484 MOTION to Strike - filed by Clearone, Inc.. Motions referred to Christopher J. Burke.(Flynn, Michael) Modified on 5/25/2021 (nms).
May 21, 2021 Opinion or Order Filing 483 STIPULATION and Proposed Order to Extend Time to file public versions of Summary Judgment and Daubert briefs and related exhibits to May 26, 2021 - filed by Clearone, Inc.. (Moshos, Andrew) Modified on 5/21/2021 (nms).
May 21, 2021 Opinion or Order SO ORDERED D.I. #483 STIPULATION and Proposed Order to Extend Time to file public versions of Summary Judgment and Daubert briefs and related exhibits to May 26, 2021 filed by Clearone, Inc. Ordered by Judge Christopher J. Burke on 5/21/2021. (mlc)
May 19, 2021 Opinion or Order Filing 482 ORAL ORDER: The Court, having reviewed the parties' May 19, 2021 letter, (D.I. #481 ), hereby ORDERS as follows with respect to the June 9, 2021 hearing on case dispositive and Daubert Motions: (1) The hearing will be held via videoconference using the Microsoft Teams platform. By no later than June 3, 2021, the parties shall send an e-mail to the Court's Courtroom Deputy, Ms. Benyo, indicating the names and e-mail addresses of all individuals who will participate in the hearing.; (2) The Court will allow argument on any pending summary judgment and Daubert motions that the parties wish to argue, and ClearOne may additionally present argument on its anticipated motion to strike at the June 9, 2021 hearing.; (3) Two and a half hours will be allocated for the hearing, to be split evenly between the parties. The parties may make their own determinations as to how much time they wish to use to argue any particular motion.; (4) By no later than noon on June 3, 2021, the parties shall submit to the Court two courtesy copies of each of the relevant briefs (plus all supporting exhibits and declarations).; (5) By no later than June 4, 2021, the parties shall submit a joint letter informing the Court as to the order in which the motions will be argued. The parties shall also indicate whether any other motions (in addition to Plaintiffs' Daubert Motion to Exclude and Strike Testimony of Paul Waadevig) will be submitted on the papers to narrow the issues for the hearing.; and (6) By no later than 24 hours in advance of the hearing, the parties shall submit any slide presentations via e-mail to Ms. Benyo (copying the other side).Ordered by Judge Christopher J. Burke on 5/19/2021. (mlc)
May 19, 2021 Opinion or Order Filing 481 Joint Letter to The Honorable Christopher J. Burke, from Alexandra M. Joyce, Esq., regarding Oral Order (D.I. 468 ). (Joyce, Alexandra) Modified on 5/19/2021 (nms).
May 14, 2021 Opinion or Order Filing 480 [SEALED] DECLARATION of Karen Younkins, Volume 2 of 2 re #476 Answering Brief in Opposition, #474 Answering Brief in Opposition, #475 Answering Brief in Opposition, #477 Answering Brief in Opposition, by Clearone, Inc.. (Attachments: #1 Exhibits 93-119)(Flynn, Michael) Modified on 5/17/2021 (nms).
May 14, 2021 Opinion or Order Filing 479 [SEALED] DECLARATION of Karen Younkins, Volume 1 of 2 re #476 Answering Brief in Opposition, #474 Answering Brief in Opposition, #475 Answering Brief in Opposition, #477 Answering Brief in Opposition, by Clearone, Inc.. (Attachments: #1 Exhibits 65-92)(Flynn, Michael) Modified on 5/17/2021 (nms).
May 14, 2021 Opinion or Order Filing 478 [SEALED] ANSWERING BRIEF in Opposition re #445 MOTION to Strike Certain Opinions of Paul Hatch, filed by Shure Acquisition Holdings, Inc., Shure Incorporated.Reply Brief due date per Local Rules is 5/21/2021. (Attachments: #1 Exhibits 1-10, #2 Certificate of Service)(Joyce, Alexandra) Modified on 5/17/2021 (nms).
May 14, 2021 Opinion or Order Filing 477 [SEALED] ANSWERING BRIEF in Opposition re #439 MOTION to Exclude and Strike Testimony of Paul Waadevig filed by Clearone, Inc..Reply Brief due date per Local Rules is 5/21/2021. (Flynn, Michael)
May 14, 2021 Opinion or Order Filing 476 [SEALED] ANSWERING BRIEF in Opposition re #437 MOTION to Exclude Testimony of Julia Rowe filed by Clearone, Inc..Reply Brief due date per Local Rules is 5/21/2021. (Flynn, Michael)
May 14, 2021 Opinion or Order Filing 475 [SEALED] ANSWERING BRIEF in Opposition re #435 MOTION for Summary Judgment on ClearOne's Inventorship Defense filed by Clearone, Inc..Reply Brief due date per Local Rules is 5/21/2021. (Flynn, Michael)
May 14, 2021 Opinion or Order Filing 474 [SEALED] ANSWERING BRIEF in Opposition re #433 MOTION for Summary Judgment for Defendant's Business Tort Counterclaims and Affirmative Defense on Unclean Hands filed by Clearone, Inc..Reply Brief due date per Local Rules is 5/21/2021. (Flynn, Michael)
May 14, 2021 Opinion or Order Filing 473 [SEALED] ANSWERING BRIEF in Opposition re #443 MOTION for Summary Judgment of Non-Infringement filed by Shure Acquisition Holdings, Inc., Shure Incorporated.Reply Brief due date per Local Rules is 5/21/2021. (Attachments: #1 Exhibit A-B, #2 Exhibit C-H, #3 Certificate of Service)(Joyce, Alexandra)
May 14, 2021 Opinion or Order Filing 472 [SEALED] ANSWERING BRIEF in Opposition re #441 MOTION for Summary Judgment of Invalidity filed by Shure Acquisition Holdings, Inc., Shure Incorporated.Reply Brief due date per Local Rules is 5/21/2021. (Attachments: #1 Exhibit A-G, #2 Certificate of Service)(Joyce, Alexandra)
May 14, 2021 Opinion or Order Filing 471 [SEALED] ANSWERING BRIEF in Opposition re #447 MOTION for Summary Judgment of No Lost Profits or Disgorgement for Shure's False Advertising Claims MOTION to Preclude Certain Opinions of Shure Expert Witness Dr. Thomas Vander Veen filed by Shure Acquisition Holdings, Inc., Shure Incorporated.Reply Brief due date per Local Rules is 5/21/2021. (Attachments: #1 Exhibit A-C, #2 Certificate of Service)(Joyce, Alexandra)
May 14, 2021 Opinion or Order Filing 470 [SEALED] ANSWERING BRIEF in Opposition re #449 MOTION for Partial Summary Judgment of No Liability for Certain Alleged False Statements filed by Shure Acquisition Holdings, Inc., Shure Incorporated.Reply Brief due date per Local Rules is 5/21/2021. (Attachments: #1 Exhibit 1-10, #2 Certificate of Service)(Joyce, Alexandra)
May 12, 2021 Opinion or Order Filing 469 STIPULATION TO EXTEND TIME for the parties to file answering briefs on Case Dispositive Motions and Daubert Motions and supporting materials to May 14, 2021 at 9:00 p.m. ET - filed by Clearone, Inc.. (Flynn, Michael)
May 12, 2021 Opinion or Order SO ORDERED D.I. #469 STIPULATION TO EXTEND TIME for the parties to file answering briefs on Case Dispositive Motions and Daubert Motions and supporting materials to May 14, 2021 at 9:00 p.m. ET filed by Clearone, Inc. Ordered by Judge Christopher J. Burke on 5/12/2021. (dlb)
May 11, 2021 Opinion or Order Filing 468 ORAL ORDER: With regard to the hearing on case dispositive and Daubert motions scheduled for June 9, 2021 at 11:00 a.m., (D.I. 73 at 14), the Court hereby ORDERS as follows: (1) At present, the hearing will be held via a videoconference platform. However, the Court would consider holding the hearing in person with a limited number of attorneys in attendance if both sides wished to do so.; (2) By May 19, 2021, the parties shall submit a joint letter indicating their views regarding: (a) whether the hearing should be held via a videoconference platform or in person; (b) how much time should be allocated for the hearing; and (c) whether any of the pending summary judgment and/or Daubert motions shall be submitted on the papers, or alternatively, whether the parties intend to present argument as to each such pending motion during the hearing. Ordered by Judge Christopher J. Burke on 5/11/2021. (dlb)
May 7, 2021 Opinion or Order Filing 467 NOTICE OF SERVICE of (1) First Supplemental Expert Report of Thomas D. Vander Veen, Ph.D.; (2) Supplemental Infringement Expert Report of Paul Hatch In Support of Plaintiffs Shure Incorporated and Shure Acquisition Holdings, Inc.; (3) Supplemental Expert Report of Ira M. Weinstein; (4) Plaintiffs' Amended Final Supplemental Identification of Defendant's Accused Products; and (5) Plaintiffs' Amended Final Infringement Contentions filed by Shure Acquisition Holdings, Inc., Shure Incorporated.(Joyce, Alexandra)
April 26, 2021 Opinion or Order Filing 466 REDACTED VERSION of #452 Declaration,, by Clearone, Inc.. (Attachments: #1 Exhibit 29-54, #2 Exhibit 55, #3 Exhibit 56, #4 Exhibit 57-64)(Moshos, Andrew)
April 26, 2021 Opinion or Order Filing 465 REDACTED VERSION of #451 Declaration,, by Clearone, Inc.. (Attachments: #1 Exhibit 1-7, #2 Exhibit 8-28)(Moshos, Andrew)
April 26, 2021 Opinion or Order Filing 464 REDACTED VERSION of #436 Opening Brief in Support, by Shure Acquisition Holdings, Inc., Shure Incorporated. (Joyce, Alexandra)
April 26, 2021 Opinion or Order Filing 463 REDACTED VERSION of #450 Opening Brief in Support, by Clearone, Inc.. (Moshos, Andrew)
April 26, 2021 Opinion or Order Filing 462 REDACTED VERSION of #448 Opening Brief in Support, by Clearone, Inc.. (Moshos, Andrew)
April 26, 2021 Opinion or Order Filing 461 REDACTED VERSION of #446 Opening Brief in Support by Clearone, Inc.. (Moshos, Andrew)
April 26, 2021 Opinion or Order Filing 460 REDACTED VERSION of #444 Opening Brief in Support by Clearone, Inc.. (Moshos, Andrew)
April 26, 2021 Opinion or Order Filing 459 REDACTED VERSION of #442 Opening Brief in Support by Clearone, Inc.. (Moshos, Andrew)
April 26, 2021 Opinion or Order Filing 458 REDACTED VERSION of #440 Opening Brief in Support, by Shure Acquisition Holdings, Inc., Shure Incorporated. (Joyce, Alexandra)
April 26, 2021 Opinion or Order Filing 457 REDACTED VERSION of #438 Opening Brief in Support, by Shure Acquisition Holdings, Inc., Shure Incorporated. (Joyce, Alexandra)
April 26, 2021 Opinion or Order Filing 456 REDACTED VERSION of #435 MOTION for Summary Judgment on ClearOne's Inventorship Defense by Shure Acquisition Holdings, Inc., Shure Incorporated. (Joyce, Alexandra)
April 26, 2021 Opinion or Order Filing 455 REDACTED VERSION of #434 Opening Brief in Support, by Shure Acquisition Holdings, Inc., Shure Incorporated. (Attachments: #1 part 2)(Joyce, Alexandra) Modified on 4/27/2021 (nms).
April 23, 2021 Opinion or Order Filing 454 NOTICE OF SERVICE of ClearOne, Inc.s Second Supplemental Objections and Responses to Shure Incorporated and Shure Acquisition Holdings, Inc.s Second Set of Interrogatories (No. 17) filed by Clearone, Inc..(Flynn, Michael)
April 23, 2021 Opinion or Order SO ORDERED, re #453 STIPULATION TO EXTEND TIME for the parties to file the public versions of Shure's Summary Judgment and Daubert briefing and related exhibits and ClearOne's Summary Judgment and Daubert briefing and related exhibits to April 26, 2021 filed by Clearone, Inc. Ordered by Judge Christopher J. Burke on 4/23/2021. (dlb)
April 22, 2021 Opinion or Order Filing 453 STIPULATION TO EXTEND TIME for the parties to file the public versions of Shure's Summary Judgment and Daubert briefing and related exhibits and ClearOne's Summary Judgment and Daubert briefing and related exhibits to April 26, 2021 - filed by Clearone, Inc.. (Moshos, Andrew)
April 21, 2021 Opinion or Order CORRECTING ENTRY: PDF at D.I. 434 attachment #2 - Exhibits 28-57 has been replaced at the request of the filer. (dlb)
April 16, 2021 Opinion or Order Filing 452 [SEALED] DECLARATION of Karen Younkins, Volume 2 of 2 re #441 MOTION for Summary Judgment of Invalidity, #447 MOTION for Summary Judgment of No Lost Profits or Disgorgement for Shure's False Advertising Claims, and to Preclude Certain Opinions of Shure Expert Witness Dr. Thomas Vander Veen, #445 MOTION to Strike Certain Opinions of Paul Hatch, #449 MOTION for Partial Summary Judgment of No Liability for Certain Alleged False Statements, #443 MOTION for Summary Judgment of Non-Infringement, by Clearone, Inc.. (Attachments: #1 Exhibits 29-64)(Flynn, Michael) Modified on 4/18/2021 (nms).
April 16, 2021 Opinion or Order Filing 451 [SEALED] DECLARATION of Karen Younkins, Volume 1 of 2 re #441 MOTION for Summary Judgment of Invalidity, #447 MOTION for Summary Judgment of No Lost Profits or Disgorgement for Shure's False Advertising Claims, and to Preclude Certain Opinions of Shure Expert Witness Dr. Thomas Vander Veen, #445 MOTION to Strike Certain Opinions of Paul Hatch, #449 MOTION for Partial Summary Judgment of No Liability for Certain Alleged False Statements, #443 MOTION for Summary Judgment of Non-Infringement, by Clearone, Inc.. (Attachments: #1 Exhibits 1-7, #2 Exhibits 8-28)(Flynn, Michael) Modified on 4/18/2021 (nms).
April 16, 2021 Opinion or Order Filing 450 [SEALED] OPENING BRIEF in Support re #449 MOTION for Partial Summary Judgment of No Liability for Certain Alleged False Statements, filed by Clearone, Inc..Answering Brief/Response due date per Local Rules is 4/30/2021. (Flynn, Michael) Modified on 4/18/2021 (nms).
April 16, 2021 Opinion or Order Filing 449 MOTION for Partial Summary Judgment of No Liability for Certain Alleged False Statements - filed by Clearone, Inc.. Motions referred to Christopher J. Burke.(Flynn, Michael) Modified on 4/18/2021 (nms).
April 16, 2021 Opinion or Order Filing 448 [SEALED] OPENING BRIEF in Support re #447 MOTION for Summary Judgment of No Lost Profits or Disgorgement for Shure's False Advertising Claims, and to Preclude Certain Opinions of Shure Expert Witness Dr. Thomas Vander Veen, filed by Clearone, Inc..Answering Brief/Response due date per Local Rules is 4/30/2021. (Flynn, Michael) Modified on 4/18/2021 (nms).
April 16, 2021 Opinion or Order Filing 447 MOTION for Summary Judgment of No Lost Profits or Disgorgement for Shure's False Advertising Claims, and to Preclude Certain Opinions of Shure Expert Witness Dr. Thomas Vander Veen - filed by Clearone, Inc.. Motions referred to Christopher J. Burke.(Flynn, Michael) Modified on 4/18/2021 (nms).
April 16, 2021 Opinion or Order Filing 446 [SEALED] OPENING BRIEF in Support re #445 MOTION to Strike Certain Opinions of Paul Hatch, filed by Clearone, Inc..Answering Brief/Response due date per Local Rules is 4/30/2021. (Flynn, Michael) Modified on 4/18/2021 (nms).
April 16, 2021 Opinion or Order Filing 445 MOTION to Strike Certain Opinions of Paul Hatch - filed by Clearone, Inc.. Motions referred to Christopher J. Burke.(Flynn, Michael) Modified on 4/18/2021 (nms).
April 16, 2021 Opinion or Order Filing 444 [SEALED] OPENING BRIEF in Support re #443 MOTION for Summary Judgment of Non-Infringement, filed by Clearone, Inc..Answering Brief/Response due date per Local Rules is 4/30/2021. (Flynn, Michael) Modified on 4/18/2021 (nms).
April 16, 2021 Opinion or Order Filing 443 MOTION for Summary Judgment of Non-Infringement - filed by Clearone, Inc.. Motions referred to Christopher J. Burke.(Flynn, Michael) Modified on 4/18/2021 (nms).
April 16, 2021 Opinion or Order Filing 442 [SEALED] OPENING BRIEF in Support re #441 MOTION for Summary Judgment of Invalidity, filed by Clearone, Inc..Answering Brief/Response due date per Local Rules is 4/30/2021. (Flynn, Michael) Modified on 4/18/2021 (nms).
April 16, 2021 Opinion or Order Filing 441 MOTION for Summary Judgment of Invalidity - filed by Clearone, Inc.. Motions referred to Christopher J. Burke.(Flynn, Michael) Modified on 4/18/2021 (nms).
April 16, 2021 Opinion or Order Filing 440 [SEALED] OPENING BRIEF in Support re #439 MOTION to Exclude and Strike Testimony of Paul Waadevig filed by Shure Acquisition Holdings, Inc., Shure Incorporated.Answering Brief/Response due date per Local Rules is 4/30/2021. (Attachments: #1 Exhibit 1-3, #2 Rule 7.1.1. Certification, #3 Certificate of Service)(Lemon, Brian)
April 16, 2021 Opinion or Order Filing 439 MOTION to Exclude and Strike Testimony of Paul Waadevig - filed by Shure Acquisition Holdings, Inc., Shure Incorporated. (Attachments: #1 Text of Proposed Order)Motions referred to Christopher J. Burke.(Lemon, Brian)
April 16, 2021 Opinion or Order Filing 438 [SEALED] OPENING BRIEF in Support re #437 MOTION to Exclude Testimony of Julia Rowe filed by Shure Acquisition Holdings, Inc., Shure Incorporated.Answering Brief/Response due date per Local Rules is 4/30/2021. (Attachments: #1 Exhibit 1-7, #2 Rule 7.1.1. Certification, #3 Certificate of Service)(Lemon, Brian)
April 16, 2021 Opinion or Order Filing 437 MOTION to Exclude Testimony of Julia Rowe - filed by Shure Acquisition Holdings, Inc., Shure Incorporated. (Attachments: #1 Text of Proposed Order)Motions referred to Christopher J. Burke.(Lemon, Brian)
April 16, 2021 Opinion or Order Filing 436 [SEALED] OPENING BRIEF in Support re #435 MOTION for Summary Judgment on ClearOne's Inventorship Defense, filed by Shure Acquisition Holdings, Inc., Shure Incorporated.Answering Brief/Response due date per Local Rules is 4/30/2021. (Attachments: #1 Exhibits A-K, #2 Certificate of Service)(Lemon, Brian) Modified on 4/18/2021 (nms).
April 16, 2021 Opinion or Order Filing 435 [SEALED] MOTION for Summary Judgment on ClearOne's Inventorship Defense - filed by Shure Acquisition Holdings, Inc., Shure Incorporated. (Attachments: #1 Proposed Order, #2 Certificate of Service)Motions referred to Christopher J. Burke.(Lemon, Brian) Modified on 4/18/2021 (nms).
April 16, 2021 Opinion or Order Filing 434 [SEALED] OPENING BRIEF in Support re #433 MOTION for Summary Judgment for Defendant's Business Tort Counterclaims and Affirmative Defense on Unclean Hands, filed by Shure Acquisition Holdings, Inc., Shure Incorporated.Answering Brief/Response due date per Local Rules is 4/30/2021. (Attachments: #1 Exhibits 1-27, #2 Exhibits 28-57, #3 Certificate of Service)(Lemon, Brian) Modified on 4/18/2021 (nms). (Attachment 2 replaced on 4/21/2021) (dlb).
April 16, 2021 Opinion or Order Filing 433 MOTION for Summary Judgment for Defendant's Business Tort Counterclaims and Affirmative Defense on Unclean Hands - filed by Shure Acquisition Holdings, Inc., Shure Incorporated. (Attachments: #1 Proposed Order)Motions referred to Christopher J. Burke.(Lemon, Brian) Modified on 4/18/2021 (nms).
April 15, 2021 Opinion or Order Filing 432 STIPULATION TO EXTEND TIME the Deadline for the Parties to Submit Case Dispositive Motions and Daubert Motions and Supporting Materials to Friday, April 16, 2021 at 9:00 p.m. ET - filed by Shure Acquisition Holdings, Inc., Shure Incorporated. (Joyce, Alexandra)
April 15, 2021 Opinion or Order SO ORDERED D.I. #432 STIPULATION TO EXTEND TIME the Deadline for the Parties to Submit Case Dispositive Motions and Daubert Motions and Supporting Materials to Friday, April 16, 2021 at 9:00 p.m. ET filed by Shure Acquisition Holdings, Inc., Shure Incorporated Ordered by Judge Christopher J. Burke on 4/15/2021. (mlc)
April 12, 2021 Opinion or Order Filing 431 STIPULATION and [Proposed] Order by Shure Acquisition Holdings, Inc., Shure Incorporated. (Joyce, Alexandra)
April 12, 2021 Opinion or Order SO ORDERED D.I. #431 Stipulation regarding the Aura Xceed BMA filed by Shure Acquisition Holdings, Inc., Shure Incorporated Ordered by Judge Christopher J. Burke on 4/12/2021. (mlc)
March 24, 2021 Opinion or Order SO ORDERED D.I. #427 Stipulation to Take an Expert Deposition Out of Time filed by Clearone, Inc. Ordered by Judge Christopher J. Burke on 3/23/2021. (dlb)
March 23, 2021 Opinion or Order Filing 430 NOTICE to Take Deposition of Thomas Vander Veen on April 7, 2021 filed by Clearone, Inc..(Moshos, Andrew)
March 23, 2021 Opinion or Order Filing 429 NOTICE to Take Deposition of Paul Hatch on April 6, 2021 filed by Clearone, Inc..(Moshos, Andrew)
March 23, 2021 Opinion or Order Filing 428 NOTICE to Take Deposition of Ira Weinstein on April 5, 2021 filed by Clearone, Inc..(Moshos, Andrew)
March 23, 2021 Opinion or Order Filing 427 STIPULATION and [Proposed] Order to Take an Expert Deposition Out of Time by Clearone, Inc.. (Moshos, Andrew)
March 23, 2021 Opinion or Order Filing 426 NOTICE OF SERVICE of (1) Reply Expert Report of Ira M. Weinstein; (2) Reply Expert Report of Thomas D. Vander Veen, Ph.D.; and (3) Expert Reply Report of Paul Hatch filed by Shure Acquisition Holdings, Inc., Shure Incorporated.(Joyce, Alexandra)
March 22, 2021 Opinion or Order Filing 425 NOTICE OF SERVICE of (1) Reply Expert Report of Joel Delman Regarding Non-Infringement and Invalidity of US Patent D865,723, (2) Expert Reply Report Regarding Damages, and (3) Reply Expert Report of Paul Waadevig filed by Clearone, Inc..(Moshos, Andrew)
March 22, 2021 Opinion or Order Filing 424 NOTICE to Take Deposition of Julia R. Rowe on April 9, 2021 filed by Shure Acquisition Holdings, Inc., Shure Incorporated.(Joyce, Alexandra)
March 22, 2021 Opinion or Order Filing 423 NOTICE to Take Deposition of Paul G. Waadevig on April 1, 2021 filed by Shure Acquisition Holdings, Inc., Shure Incorporated.(Joyce, Alexandra)
March 22, 2021 Opinion or Order Filing 422 NOTICE to Take Deposition of Joel Delman on April 13, 2021 filed by Shure Acquisition Holdings, Inc., Shure Incorporated.(Joyce, Alexandra)
March 10, 2021 Opinion or Order Filing 421 STIPULATION TO EXTEND TIME for the parties to serve reply expert reports to March 22, 2021 - filed by Clearone, Inc.. (Moshos, Andrew)
March 10, 2021 Opinion or Order SO ORDERED D.I. #421 STIPULATION TO EXTEND TIME for the parties to serve reply expert reports to March 22, 2021 filed by Clearone, Inc. Ordered by Judge Christopher J. Burke on 3/10/2021. (dlb)
February 24, 2021 Opinion or Order Filing 420 Redaction of #365 Transcript of 9/21/2020 Hearing. (dlb)
February 24, 2021 Opinion or Order Filing 419 STIPULATION and [Proposed] Order Entering Redacted September 21, 2020 Transcript, by Clearone, Inc.. (Attachments: #1 Exhibit 1)(Moshos, Andrew) Modified on 2/24/2021 (nms).
February 24, 2021 Opinion or Order SO ORDERED D.I. #419 Stipulation regarding redacted version of the 9/21/2020 transcript pursuant to the Court's Order (D.I. 416) filed by Clearone, Inc. Ordered by Judge Christopher J. Burke on 2/24/2021. (dlb)
February 23, 2021 Opinion or Order Filing 418 NOTICE OF SERVICE of (1) Rebuttal Expert Report of Ira M. Weinstein; (2) Rebuttal Expert Report of Thomas D. Vander Veen, Ph.D.; and (3) Expert Report of Paul Hatch In Rebuttal to Opening Validity Report of Joel Delman filed by Shure Acquisition Holdings, Inc., Shure Incorporated.(Joyce, Alexandra)
February 23, 2021 Opinion or Order Filing 417 NOTICE OF SERVICE of (1) Rebuttal Expert Report of Joel Delman Regarding Infringement and Validity of US Patent D865,723, (2) Rebuttal Expert Report Regarding Damages, and (3) Responsive Expert Report of Paul Waadevig filed by Clearone, Inc..(Moshos, Andrew)
February 19, 2021 Opinion or Order Filing 416 ORDER GRANTING-IN-PART D.I. #380 MOTION to Redact Portions of the September 21, 2020 Preliminary Injunction Hearing Transcript filed by Clearone, Inc.. Signed by Judge Christopher J. Burke on 2/19/2021. (mlc)
February 9, 2021 Opinion or Order Filing 415 Official Transcript of Teleconference held on 1/25/21 before Judge Christopher J. Burke. Court Reporter Jennifer Guy,Email: Jenniferguyrpr@gmail.com. Transcript may be viewed at the court public terminal or order/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 3/2/2021. Redacted Transcript Deadline set for 3/12/2021. Release of Transcript Restriction set for 5/10/2021. (Triozzi, Heather)
February 8, 2021 Opinion or Order Filing 414 ORDER: The Report and Recommendation (D.I. #400 ) is ADOPTED. The motion for a preliminary injunction (D.I. #153 ) is DENIED. Signed by Judge Richard G. Andrews on 2/8/2021. (nms)
February 2, 2021 Opinion or Order Filing 413 REDACTED VERSION of D.I. #400 REPORT AND RECOMMENDATIONS re #153 MOTION for Preliminary Injunction and Limited Temporary Restraining Order MOTION for Temporary Restraining Order filed by Shure Acquisition Holdings, Inc., Shure Incorporated. (dlb)
February 2, 2021 Opinion or Order Filing 412 ORDER re D.I. #406 Joint Motion to Redact Portions of the January 20, 2021 Report and Recommendation filed by Clearone, Inc.. Signed by Judge Christopher J. Burke on 2/2/2021. (dlb)
February 1, 2021 Opinion or Order Filing 411 REDACTED VERSION of #406 Joint Motion to Redact Portions of the January 20, 2021 Report and Recommendation by Clearone, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Moshos, Andrew)
February 1, 2021 Opinion or Order Filing 410 ORDER: Plaintiffs Objections (D.I. #185 ) are DISMISSED as moot and the motion for a limited TRO is DISMISSED as moot. Signed by Judge Richard G. Andrews on 2/1/2021. (nms)
January 28, 2021 Opinion or Order Filing 409 REDACTED VERSION of #403 Letter by Clearone, Inc.. (Attachments: #1 Exhibit 18-24)(Moshos, Andrew)
January 27, 2021 Opinion or Order Filing 408 NOTICE OF SERVICE of (1) Opening Expert Report of Julia R. Rowe, (2) Opening Expert Report of Paul Waadevig, and (3) Opening Expert Report of Joel Delman filed by Clearone, Inc..(Moshos, Andrew)
January 27, 2021 Opinion or Order Filing 407 NOTICE OF SERVICE of (1) Expert Report of Ira M. Weinstein; (2) Expert Report of Thomas D. Vander Veen, Ph.D.; and (3) Infringement Expert Report of Paul Hatch In Support of Plaintiffs Shure Incorporated and Shure Acquisition Holdings, Inc. filed by Shure Acquisition Holdings, Inc., Shure Incorporated.(Joyce, Alexandra)
January 25, 2021 Opinion or Order Filing 406 [SEALED] Joint Motion to Redact Portions of the January 20, 2021 Report and Recommendation - filed by Clearone, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)Motions referred to Christopher J. Burke.(Moshos, Andrew) Modified on 1/25/2021 (nms).
January 25, 2021 Opinion or Order Minute Entry for proceedings held before Judge Christopher J. Burke - Discovery Teleconference held on 1/25/2021. The Court heard argument regarding the parties discovery disputes, (D.I. 394). The Court granted-in-part Plaintiffs' request in the manner described on the teleconference. The Court denied Defendant's request. The transcript of today's teleconference shall serve as the substance of the Court's order. (Clerk, M. Crawford) Appearances: B. Lemon, E. Cook, D. Lefcowitz, V. Arezina for Plaintiffs; M. Flynn, S. Mishra for Defendant. (Court Reporter Jennifer Guy) (dlb)
January 21, 2021 Opinion or Order Filing 405 Letter to The Honorable Christopher J. Burke, from Brian R. Lemon, Esq., regarding responding to Letter (D.I. #398 ). (Attachments: #1 Exhibits A-B)(Lemon, Brian) Modified on 1/22/2021 (nms).
January 21, 2021 Opinion or Order Filing 404 REDACTED VERSION of #398 Letter, by Clearone, Inc.. (Attachments: #1 Exhibits 1-17)(Moshos, Andrew) Modified on 1/22/2021 (nms).
January 21, 2021 Opinion or Order Filing 403 [SEALED] Letter to The Honorable Christopher J. Burke, from Michael Flynn, regarding discovery dispute. (Attachments: #1 Exhibits 18-24)(Flynn, Michael) Modified on 1/22/2021 (nms).
January 21, 2021 Opinion or Order Filing 402 REDACTED VERSION of #397 Letter, by Shure Acquisition Holdings, Inc., Shure Incorporated. (Joyce, Alexandra)
January 20, 2021 Opinion or Order Filing 401 STIPULATION TO EXTEND TIME to serve opening expert reports to January 26, 2021 - filed by Clearone, Inc.. (Flynn, Michael)
January 20, 2021 Opinion or Order Filing 400 [SEALED] REPORT AND RECOMMENDATIONS re #153 MOTION for Preliminary Injunction and Limited Temporary Restraining Order MOTION for Temporary Restraining Order filed by Shure Acquisition Holdings, Inc., Shure Incorporated. 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 2/3/2021. Signed by Judge Christopher J. Burke on 1/20/2021.This order has been emailed to local counsel. (dlb)
January 20, 2021 Opinion or Order SO ORDERED D.I. #401 STIPULATION TO EXTEND TIME to serve opening expert reports to January 26, 2021 filed by Clearone, Inc. Ordered by Judge Christopher J. Burke on 1/20/2021. (dlb)
January 19, 2021 Opinion or Order Filing 399 NOTICE requesting Clerk to remove Maxwell Coll as co-counsel. Reason for request: no longer with the firm. (Flynn, Michael)
January 14, 2021 Opinion or Order Filing 398 [SEALED] Letter to The Honorable Christopher J. Burke, from Michael Flynn, regarding discovery dispute. (Attachments: #1 Exhibits 1-17)(Flynn, Michael) Modified on 1/15/2021 (nms).
January 14, 2021 Opinion or Order Filing 397 [SEALED] Letter to the Honorable Christopher J. Burke, from Brian R. Lemon, Esq., regarding Shure's opening discovery dispute letter brief. (Attachments: #1 Exhibits A-H, #2 Certificate of Service)(Lemon, Brian) Modified on 1/15/2021 (nms).
January 14, 2021 Opinion or Order Filing 396 ORDER: The Report and Recommendation (D.I. #389 ) is ADOPTED in part and MODIFIED in part. Plaintiffs' motion to dismiss counterclaim and strike affirmative defense related to inequitable conduct (D.I. #312 ) is DISMISSED without prejudice to renew once the stay of the '493 patent is lifted. Signed by Judge Richard G. Andrews on 1/14/2021. (nms)
January 13, 2021 Opinion or Order SO ORDERED D.I. #395 Stipulation regarding R&R at D.I. 389 filed by Shure Acquisition Holdings, Inc., Shure Incorporated. Ordered by Judge Christopher J. Burke on 1/13/2021. (dlb)
January 12, 2021 Opinion or Order Filing 395 STIPULATION and [Proposed] Order, by Shure Acquisition Holdings, Inc., Shure Incorporated. (Joyce, Alexandra) Modified on 1/13/2021 (nms).
January 8, 2021 Opinion or Order Filing 394 Joint MOTION for a Teleconference to Resolve Discovery Dispute - filed by Shure Acquisition Holdings, Inc., Shure Incorporated. Motions referred to Christopher J. Burke.(Joyce, Alexandra) Modified on 1/8/2021 (nms).
January 7, 2021 Opinion or Order Filing 393 ORAL ORDER Setting Teleconference: The Court has reviewed the parties' January 7, 2021 letter requesting a discovery dispute teleconference regarding 2 discovery disputes. (D.I. 392) It hereby ORDERS that the procedures for resolving a discovery dispute set out in the Scheduling Order will be modified as follows with regard to these disputes: (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 January 25, 2021 at 2:00 p.m. before Judge Christopher J. Burke. (3) On January 14, 2021, any party seeking relief shall file with the Court a letter, not to exceed three (3) single-spaced pages, in no less than 12-point font, outlining the issues in dispute and its position on those issues. On January 21, 2021, any party opposing the application for relief may file a letter, not to exceed three (3) single-spaced pages, in no less than 12-point font, outlining that party's reasons for its opposition.; (4) By no later than January 21, 2021, the parties shall jointly provide the Court's Courtroom Deputy, Ms. Benyo, with a dial-in number via e-mail to use for the call.; and (5) The Court may choose to resolve the dispute prior to the telephone conference and will, in that event, cancel the conference. Ordered by Judge Christopher J. Burke on 1/7/2021. (dlb)
January 7, 2021 Opinion or Order Filing 392 Letter to The Honorable Christopher J. Burke from Brian R. Lemon regarding the scheduling of a discovery teleconference. (Lemon, Brian)
January 7, 2021 Opinion or Order Filing 391 ORAL ORDER: The Court, having reviewed the parties' January 6, 2021 letter regarding the status of the inter partes review ("IPR") of the '493 patent, (D.I. 390), hereby ORDERS as follows: (1) The stay with respect to the '493 patent remains in effect pending resolution of ClearOne's appeal of the Final Written Decision and any cross appeal filed by Shure.; and (2) The parties shall file a status report within five days after the conclusion of the appeals process. Ordered by Judge Christopher J. Burke on 1/7/2021. (dlb)
January 6, 2021 Opinion or Order Filing 390 Letter to The Honorable Christopher J. Burke, from Brian R. Lemon, Esq., regarding joint status report. (Lemon, Brian) Modified on 1/7/2021 (nms).
January 6, 2021 Opinion or Order Filing 389 REPORT AND RECOMMENDATION recommending DENYING D.I. #312 MOTION to Dismiss Counterclaim and Strike Affirmative Defense Related to Inequitable Conduct filed by Shure Acquisition Holdings, Inc., Shure Incorporated. 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 1/20/2021. Signed by Judge Christopher J. Burke on 1/6/2021. (mlc)
December 11, 2020 Opinion or Order Filing 388 NOTICE OF SERVICE of Defendant ClearOne, Inc.'s Final Invalidity Contentions filed by Clearone, Inc..(Flynn, Michael)
November 30, 2020 Opinion or Order Filing 387 REDACTED VERSION of #380 MOTION to Redact Portions of the September 21, 2020 Preliminary Injunction Hearing Transcript by Clearone, Inc.. (Attachments: #1 Exhibit A-B)(Moshos, Andrew)
November 30, 2020 Opinion or Order REDACTION NOTICE: In accordance with section G of the Administrative Procedures Governing Filing and Service by Electronic Means, redacted versions of sealed documents shall be filed electronically within 7 days of the filing of the sealed document. The records of this case do not reflect the filing of a redacted version of DI #380 . (nms)
November 24, 2020 Opinion or Order Filing 386 NOTICE to Take Deposition of Kevin Smith on December 2, 2020 filed by Clearone, Inc..(Flynn, Michael)
November 23, 2020 Opinion or Order Filing 385 NOTICE OF SERVICE of (1) Plaintiffs Shure Incorporated and Shure Acquisition Holdings, Inc.'s Objections and Responses to Defendant ClearOne, Inc.'s Sixth Set of Interrogatories (Nos. 22-25); (2) Plaintiffs Shure Incorporated and Shure Acquisition Holdings, Inc.'s Objections and Responses to Defendant ClearOne, Inc.'s Eighth Set of Requests for Production (Nos. 116-119); (3) Plaintiffs Shure Incorporated and Shure Acquisition Holdings, Inc.'s Objections and Supplemental Responses to Defendant ClearOne, Inc.'s First Set of Interrogatories (Nos. 1-6) filed by Shure Acquisition Holdings, Inc., Shure Incorporated.(Joyce, Alexandra)
November 23, 2020 Opinion or Order Filing 384 NOTICE OF SERVICE of ClearOne, Inc.'s Supplemental Objections and Responses to Shure Incorporated and Shure Acquisition Holdings, Inc.'s Fourth Set of Interrogatories (No. 21) filed by Clearone, Inc..(Flynn, Michael)
November 19, 2020 Opinion or Order Filing 383 NOTICE to Take Deposition of John Miller on December 1, 2020 filed by Clearone, Inc..(Moshos, Andrew)
November 19, 2020 Opinion or Order Filing 382 NOTICE to Take Deposition of Rob Klegon on November 24, 2020 filed by Clearone, Inc..(Moshos, Andrew)
November 17, 2020 Opinion or Order Filing 381 PROPOSED Claim Construction Order, by Shure Acquisition Holdings, Inc., Shure Incorporated. (Joyce, Alexandra) Modified on 11/17/2020 (nms).
November 17, 2020 Opinion or Order Filing 380 [SEALED] MOTION to Redact Portions of the September 21, 2020 Preliminary Injunction Hearing Transcript - filed by Clearone, Inc.. (Attachments: #1 Exhibits A-B) Motions referred to Christopher J. Burke.(Moshos, Andrew) Modified on 11/17/2020 (nms).
November 16, 2020 Opinion or Order Filing 379 STIPULATION and Proposed Order to Extend Time to File a Motion for a Redaction Request to and including, November 17, 2020 - filed by Shure Acquisition Holdings, Inc., Shure Incorporated. (Lemon, Brian) Modified on 11/17/2020 (nms).
November 16, 2020 Opinion or Order Filing 378 NOTICE OF SERVICE of (1) ClearOne, Inc.'s Objections and Responses to Shure Incorporated and Shure Acquisition Holdings, Inc.'s Second Set of Requests for Admission (Nos. 12-21), (2) ClearOne, Inc.'s Objections and Responses to Shure Incorporated and Shure Acquisition Holdings, Inc.'s Fifth Set of Interrogatories (Nos. 22-25), and (3) ClearOne, Inc.'s Objections and Responses to Shure Incorporated and Shure Acquisition Holdings, Inc.'s Fourth Set of Requests for Production of Documents (Nos. 38-40) filed by Clearone, Inc..(Moshos, Andrew)
November 16, 2020 Opinion or Order SO ORDERED D.I. #379 STIPULATION TO EXTEND TIME to File a Motion for a Redaction Request Regarding the 9/21/2020 Oral Argument Videoconference (DI 365) to and including, November 17, 2020 (from November 16, 2020) filed by Shure Acquisition Holdings, Inc., Shure Incorporated Ordered by Judge Christopher J. Burke on 11/16/2020. (mlc)
November 15, 2020 Opinion or Order SO ORDERED D.I. #377 STIPULATION TO EXTEND TIME the Deadline to File a Motion for a Redaction Request Regarding the 9/21/2020 Oral Argument Videoconference to November 16, 2020 filed by Shure Acquisition Holdings, Inc., Shure Incorporated Ordered by Judge Christopher J. Burke on 11/15/2020. (mlc)
November 13, 2020 Opinion or Order Filing 377 STIPULATION TO EXTEND TIME the Deadline to File a Motion for a Redaction Request Regarding the 9/21/2020 Oral Argument Videoconference to November 16, 2020 - filed by Shure Acquisition Holdings, Inc., Shure Incorporated. (Joyce, Alexandra)
November 13, 2020 Opinion or Order SO ORDERED D.I. #372 MOTION for Pro Hac Vice Appearance of Attorney Michael K. Acquah filed by Clearone, Inc. Ordered by Judge Christopher J. Burke on 11/13/2020. (dlb)
November 12, 2020 Opinion or Order Filing 376 NOTICE of Subpoenas (Valcom, Inc., Lowell Manufacturing, Applied Applications International LLC, Johnson Controls, Inc., McNichols Company, Nailor Industries, Inc., and Tropical Music Export Enterprises, Inc.) by Clearone, Inc. (Flynn, Michael)
November 12, 2020 Opinion or Order Filing 375 ORAL ORDER: As no objections have been filed, the Report and Recommendation (D.I. #359 ) is ADOPTED. Within five days the parties are to submit a proposed order consistent with the Report and Recommendation. Ordered by Judge Richard G. Andrews on 11/12/2020. (nms)
November 11, 2020 Opinion or Order Filing 374 NOTICE OF SERVICE of ClearOne, Inc.'s Objections and Responses to Shure Incorporated and Shure Acquisition Holdings, Inc.'s Third Set of Requests for Production of Documents (Nos. 31-37) filed by Clearone, Inc..(Flynn, Michael)
November 11, 2020 Opinion or Order Filing 373 NOTICE of Service of (1) Plaintiffs Final Supplemental Identification of Defendants Accused Products and (2) Plaintiffs Final Infringement Contentions, filed by Shure Acquisition Holdings, Inc., Shure Incorporated.(Joyce, Alexandra) Modified on 11/12/2020 (nms).
November 10, 2020 Opinion or Order Filing 372 MOTION for Pro Hac Vice Appearance of Attorney Michael K. Acquah - filed by Clearone, Inc.. Motions referred to Christopher J. Burke.(Flynn, Michael)
November 6, 2020 Opinion or Order Filing 371 NOTICE to Take Deposition of John Miller on November 10, 2020 filed by Clearone, Inc..(Flynn, Michael)
November 4, 2020 Opinion or Order Filing 370 NOTICE of Service of Plaintiffs Shure Incorporated and Shure Acquisition Holdings, Inc.s Objections to Defendant Clearone, Inc.s Sixth Set of Requests for Production (Nos. 114-121), filed by Shure Acquisition Holdings, Inc., Shure Incorporated.(Joyce, Alexandra) Modified on 11/4/2020 (nms).
October 28, 2020 Opinion or Order Filing 369 Joint Notice of Intent to Request Redaction (re D.I. #365 ), by Alexandra M. Joyce. (Joyce, Alexandra) Modified on 10/29/2020 (nms).
October 26, 2020 Opinion or Order Filing 368 NOTICE of Service of Plaintiffs Shure Incorporated and Shure Acquisition Holdings, Inc.s Objections to Defendant Clearone, Inc.s Notice of 30(b)(6) Video Deposition of Shure Incorporated, filed by Shure Acquisition Holdings, Inc., Shure Incorporated.(Joyce, Alexandra) Modified on 10/26/2020 (nms).
October 23, 2020 Opinion or Order Filing 367 NOTICE OF SERVICE of (1) Defendant ClearOne, Inc.'s Eighth Set of Requests for Production to Shure Incorporated and Shure Acquisition Holdings, Inc. and (2) Defendant ClearOne, Inc.'s Sixth Set of Interrogatories (Nos. 22-25) Pursuant to Order Setting Hearing on Preliminary Injunction filed by Clearone, Inc..(Flynn, Michael)
October 23, 2020 Opinion or Order Filing 366 NOTICE OF SERVICE of Defendant ClearOne, Inc.'s Objections and Responses to Plaintiffs Shure Incorporated and Shure Acquisition Holdings, Inc.'s Notice of Video Deposition of ClearOne, Inc. Pursuant to Federal Rule of Civil Procedure 30(b)(6) filed by Clearone, Inc..(Flynn, Michael)
October 23, 2020 Opinion or Order Filing 365 Official Transcript of Oral Argument Videoconference held on 9/21/20 before Judge Christopher J. Burke. Court Reporter Heather M. Triozzi,Email: Heather_Triozzi@ded.uscourts.gov. Transcript may be viewed at the court public terminal or order/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 11/13/2020. Redacted Transcript Deadline set for 11/23/2020. Release of Transcript Restriction set for 1/21/2021. (Triozzi, Heather)
October 22, 2020 Opinion or Order Filing 364 NOTICE to Take Deposition of Tim Valley on November 17, 2020 filed by Clearone, Inc..(Flynn, Michael)
October 22, 2020 Opinion or Order Filing 363 NOTICE to Take Deposition of Joe DiFalco on November 20, 2020 filed by Clearone, Inc..(Flynn, Michael)
October 22, 2020 Opinion or Order Filing 362 NOTICE to Take Deposition of Cassie Berger on November 11, 2020 filed by Clearone, Inc..(Flynn, Michael)
October 16, 2020 Opinion or Order Filing 361 NOTICE of Service of (1) Plaintiffs Shure Incorporated and Shure Acquisition Holdings, Inc.s Second Set of Requests for Admission to Defendant Clearone, Inc. (Nos. 12-21); (2) Plaintiffs Shure Incorporated and Shure Acquisition Holdings, Inc.s Fifth Set of Interrogatories to Defendant Clearone, Inc. (Nos. 22-25); and (3) Plaintiffs Shure Incorporated and Shure Acquisition Holdings, Inc.s Fourth Set of Requests for Production of Documents to Defendant Clearone, Inc. (Nos. 38-40), filed by Shure Acquisition Holdings, Inc., Shure Incorporated.(Lemon, Brian) Modified on 10/16/2020 (nms).
October 16, 2020 Opinion or Order Filing 360 REDACTED VERSION of #354 Notice (Other) by Shure Acquisition Holdings, Inc., Shure Incorporated. (Joyce, Alexandra)
October 15, 2020 Opinion or Order Filing 359 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 10/29/2020. Signed by Judge Christopher J. Burke on 10/15/2020. (mlc)
October 13, 2020 Opinion or Order Filing 358 NOTICE to Take Deposition of Christine Schyvinck on November 9, 2020 filed by Clearone, Inc..(Flynn, Michael)
October 13, 2020 Opinion or Order Filing 357 NOTICE to Take Deposition of Shure Incorporated on November 12, 2020 filed by Clearone, Inc..(Flynn, Michael)
October 12, 2020 Opinion or Order Filing 356 NOTICE OF SERVICE of Plaintiffs Shure Incorporated and Shure Acquisition Holdings, Inc.'s Third Set of Requests for Production of Documents to Defendant Clearone, Inc. (Nos. 31-37) filed by Shure Acquisition Holdings, Inc., Shure Incorporated.(Lemon, Brian)
October 12, 2020 Opinion or Order Filing 355 NOTICE OF SERVICE of ClearOne's Supplemental Identification of Invalidity References filed by Clearone, Inc..(Moshos, Andrew)
October 9, 2020 Opinion or Order Filing 354 [SEALED] NOTICE of Video Deposition of ClearOne, Inc. Pursuant to Federal Rule of Civil Procedure 30(b)(6) by Shure Acquisition Holdings, Inc., Shure Incorporated (Attachments: #1 Certificate of Service)(Lemon, Brian)
October 5, 2020 Opinion or Order Filing 353 NOTICE OF SERVICE of Defendant ClearOne, Inc.'s Sixth Set of Requests for Production to Shure Incorporated and Shure Acquisition Holdings, Inc. filed by Clearone, Inc..(Flynn, Michael)
September 30, 2020 Opinion or Order Filing 352 Redaction of D.I. #178 Transcript per the Court's order entered 9/30/2020.. (dlb)
September 30, 2020 Opinion or Order Filing 351 ORDER granting D.I. #310 Revised Joint Motion to Redact Portions of April 28, 2020 Hearing Transcript. Signed by Judge Christopher J. Burke on 9/30/2020. (dlb)
September 28, 2020 Opinion or Order Filing 350 NOTICE to Take Deposition of Jason Ambion on October 27, 2020 filed by Shure Acquisition Holdings, Inc., Shure Incorporated.(Lemon, Brian)
September 21, 2020 Opinion or Order Filing 349 REDACTED VERSION of #341 Declaration by Clearone, Inc.. (Attachments: #1 Exhibit 60-68)(Moshos, Andrew)
September 21, 2020 Opinion or Order Filing 348 REDACTED VERSION of #340 Sur-Reply Brief by Clearone, Inc.. (Moshos, Andrew)
September 21, 2020 Opinion or Order Filing 347 SO ORDERED D.I. #346 STIPULATION TO EXTEND TIME the deadline for Defendant to submit a Public Version of its Sur-Reply to Plaintiffs Motion for a Preliminary Injunction and Declaration (DI 340 & 341) to September 21, 2020 filed by Shure Acquisition Holdings, Inc., Shure Incorporated. Ordered by Judge Christopher J. Burke on 9/21/2020. (mlc)
September 21, 2020 Opinion or Order Minute Entry for proceedings held before Judge Christopher J. Burke - Motion Hearing held on 9/21/2020 regarding D.I. #153 MOTION for Preliminary Injunction filed by Shure Acquisition Holdings, Inc., Shure Incorporated. Witnesses sworn. The Court heard argument from the parties. The Court took the matter under advisement and will issue a written opinion. (Court Reporter Heather Triozzi. Clerk: M. Crawford) Appearances: B. Lemon, Gerald Ivey, E. Ferrill, E. Cook, D. McCorquindale, L. MacDonald, S. English, A. Boyer for Plaintiffs; M. Flynn, A. Moshos, D. Dixon, C. Rayburn, K. Younkins, M. Coll, S. Mishra for Defendant. (mlc)
September 18, 2020 Opinion or Order Filing 346 STIPULATION TO EXTEND TIME the deadline for Defendant to submit a Public Version of its Sur-Reply to Plaintiffs Motion for a Preliminary Injunction and Declaration (DI 340 & 341) to September 21, 2020 - filed by Shure Acquisition Holdings, Inc., Shure Incorporated. (Joyce, Alexandra)
September 18, 2020 Opinion or Order Filing 345 NOTICE OF SERVICE of ClearOne, Inc.'s First Supplemental Objections and Responses to Shure Incorporated and Shure Acquisition Holdings, Inc.'s Interrogatory No. 20 filed by Clearone, Inc..(Moshos, Andrew)
September 17, 2020 Opinion or Order Filing 344 Joint Letter to The Honorable Christopher J. Burke, from Brian R. Lemon, Esq., regarding interim status report. (Lemon, Brian) Modified on 9/18/2020 (nms).
September 17, 2020 Opinion or Order Pro Hac Vice Attorney Vladimir I. Arezina for Shure Acquisition Holdings, Inc. and Shure Incorporated 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. (mal)
September 16, 2020 Opinion or Order Filing 343 NOTICE of Change of Address by Alexandra M. Joyce (Joyce, Alexandra)
September 16, 2020 Opinion or Order SO ORDERED D.I. #338 MOTION for Pro Hac Vice Appearance of Attorney Vladimir I. Arezina filed by Shure Acquisition Holdings, Inc., Shure Incorporated. Ordered by Judge Christopher J. Burke on 9/16/2020. (dlb)
September 14, 2020 Opinion or Order Filing 342 REDACTED VERSION of #335 Letter by Shure Acquisition Holdings, Inc., Shure Incorporated. (Joyce, Alexandra)
September 11, 2020 Opinion or Order Filing 341 [SEALED] DECLARATION of Christina Von Der Ahe Rayburn re #340 Sur-Reply Brief, by Clearone, Inc.. (Attachments: #1 Exhibits 60-68)(Flynn, Michael) Modified on 9/11/2020 (nms).
September 11, 2020 Opinion or Order Filing 340 [SEALED] SUR-REPLY BRIEF re #153 MOTION for Preliminary Injunction and Limited Temporary Restraining Order MOTION for Temporary Restraining Order - filed by Clearone, Inc.. (Flynn, Michael)
September 11, 2020 Opinion or Order Filing 339 NOTICE Of Service of Plaintiffs Supplemental Identification of Defendants Accused Products, filed by Shure Acquisition Holdings, Inc., Shure Incorporated.(Joyce, Alexandra) Modified on 9/11/2020 (nms).
September 11, 2020 Opinion or Order Filing 338 MOTION for Pro Hac Vice Appearance of Attorney Vladimir I. Arezina - filed by Shure Acquisition Holdings, Inc., Shure Incorporated. (Attachments: #1 Certification for Vladimir I. Arezina)Motions referred to Christopher J. Burke.(Lemon, Brian)
September 9, 2020 Opinion or Order Filing 337 REDACTED VERSION of #328 Reply Brief, by Shure Acquisition Holdings, Inc., Shure Incorporated. (Joyce, Alexandra)
September 9, 2020 Opinion or Order Filing 336 NOTICE to Take Deposition of Cliff Christensen on October 7, 2020 filed by Shure Acquisition Holdings, Inc., Shure Incorporated.(Joyce, Alexandra)
September 8, 2020 Opinion or Order Filing 335 [SEALED] Letter to The Honorable Christopher J. Burke from Brian R. Lemon regarding submittal of Ex. KK. (Attachments: #1 Exhibit KK, #2 Certificate of Service)(Lemon, Brian)
September 3, 2020 Opinion or Order Filing 334 STIPULATION TO EXTEND TIME to file the public versions of Shure's Reply Brief and related exhibits to September 9, 2020 - filed by Clearone, Inc.. (Moshos, Andrew)
September 3, 2020 Opinion or Order SO ORDERED D.I. #334 STIPULATION TO EXTEND TIME to file the public versions of Shure's Reply Brief and related exhibits to September 9, 2020 filed by Clearone, Inc. Ordered by Judge Christopher J. Burke on 9/3/2020. (dlb)
September 2, 2020 Opinion or Order Filing 333 NOTICE of Service of Plaintiffs Shure Incorporated and Shure Acquisition Holdings, Inc.s Supplemental Objections and Responses to Defendant Clearone, Inc.s Interrogatories (Nos. 16-18), filed by Shure Acquisition Holdings, Inc., Shure Incorporated.(Lemon, Brian) Modified on 9/2/2020 (nms).
September 1, 2020 Opinion or Order Filing 332 ORAL ORDER: The Court, having reviewed the parties August 31, 2020 letter, (D.I. 330), hereby ORDERS as follows with respect to the September 21, 2020 hearing on Plaintiffs' Motion for a Preliminary Injunction: (1) The hearing will be held via videoconference using the Skype for Business platform. By no later than September 14, 2020, the parties shall send an e-mail to the Court's Courtroom Deputy, Ms. Benyo, indicating the names and e-mail addresses of all individuals who will participate in the hearing.; (2) Three hours will be allocated for the hearing, to be split evenly between the parties.; (3) ClearOne's suggestions with respect to the structure of hearing are adopted. (D.I. 330 at 4-5); (4) ClearOnes unopposed request for a 5-page extension to its sur-reply brief is GRANTED.; and (5) ClearOnes request to introduce additional evidence in its sur-reply brief to directly respond to Shure's arguments in its reply brief is GRANTED for the reasons set out by ClearOne. (Id. at 3-4). Ordered by Judge Christopher J. Burke on 9/1/2020. (dlb)
August 31, 2020 Opinion or Order Filing 331 PROPOSED Order to Extend Page Limits, by Clearone, Inc.. (Flynn, Michael) Modified on 9/1/2020 (nms).
August 31, 2020 Opinion or Order Filing 330 Joint Letter to the Honorable Christopher J. Burke from Brian R. Lemon regarding Preliminary Injunction Hearing - re 304 Oral Order,,,. (Lemon, Brian)
August 31, 2020 Opinion or Order Filing 329 REPLY BRIEF re #312 MOTION to Dismiss Counterclaim and Strike Affirmative Defense Related to Inequitable Conduct filed by Shure Acquisition Holdings, Inc., Shure Incorporated. (Lemon, Brian)
August 28, 2020 Opinion or Order Filing 328 [SEALED] REPLY BRIEF In Support of #153 Motion for Preliminary Injunction, filed by Shure Acquisition Holdings, Inc., Shure Incorporated. (Attachments: #1 Exhibits R-SS, #2 Certificate of Service)(Lemon, Brian) Modified on 8/31/2020 (nms). (Attachment 1 replaced on 9/1/2020) (dlb). (Attachment 1 replaced on 9/1/2020) (dlb).
August 27, 2020 Opinion or Order Filing 327 Official Transcript of Videoconference held on 7/28/20 before Judge Christopher J. Burke. Court Reporter Jennifer Guy,Email: Jenniferguyrpr@gmail.com. Transcript may be viewed at the court public terminal or order/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 9/17/2020. Redacted Transcript Deadline set for 9/28/2020. Release of Transcript Restriction set for 11/25/2020. (Triozzi, Heather)
August 25, 2020 Opinion or Order Filing 326 ORAL ORDER: The Court, having reviewed the parties' August 24, 2020 letter regarding the inter partes review ("IPR") of the '493 patent, (D.I. 324), hereby ORDERS as follows: (1) At this time, the stay with respect to the '493 patent remains in effect; and (2) Because the parties appear to agree that no discovery with respect to the '493 patent should go forward pending a decision on whether there will be an appeal by either side to the IPR, (D.I. 324 at 1), the parties shall provide a status report within three days after the appeals deadline, indicating whether any party has appealed and their respective views regarding whether and when the stay on the '493 patent should be lifted. Ordered by Judge Christopher J. Burke on 8/25/2020. (dlb)
August 25, 2020 Opinion or Order Filing 325 NOTICE to Take Deposition of Zee Hakimoglu on October 8, 2020 filed by Shure Acquisition Holdings, Inc., Shure Incorporated.(Joyce, Alexandra)
August 24, 2020 Opinion or Order Filing 324 Joint Letter to The Honorable Christopher J. Burke from Brian R. Lemon, Esq. regarding Inter Partes Review of Shure's U.S. Patent No. 9,565,493. (Attachments: #1 Exhibit 1 - 2)(Lemon, Brian)
August 24, 2020 Opinion or Order Filing 323 ANSWERING BRIEF in Opposition re #312 MOTION to Dismiss Counterclaim and Strike Affirmative Defense Related to Inequitable Conduct, filed by Clearone, Inc..Reply Brief due date per Local Rules is 8/31/2020. (Attachments: #1 Exhibits 1-3)(Flynn, Michael) Modified on 8/25/2020 (nms).
August 21, 2020 Opinion or Order Filing 322 NOTICE of Service of Plaintiffs Shure Incorporated and Shure Acquisition Holdings, Inc.s Objections and Responses to Defendant Clearone, Inc.'s Fourth and Fifth Sets of Requests for Production (Nos. 106-113), filed by Shure Acquisition Holdings, Inc., Shure Incorporated.(Lemon, Brian) Modified on 8/21/2020 (nms).
August 20, 2020 Opinion or Order Filing 321 REDACTED VERSION of #310 Revised Joint Motion to Redact Portions of April 28, 2020 Hearing Transcript and in Response to D.I. 299 by Clearone, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Moshos, Andrew)
August 20, 2020 Opinion or Order REDACTION NOTICE: In accordance with section G of the Administrative Procedures Governing Filing and Service by Electronic Means, redacted versions of sealed documents shall be filed electronically within 7 days of the filing of the sealed document. The records of this case do not reflect the filing of a redacted version of DI #310 . (nms)
August 19, 2020 Opinion or Order Filing 320 NOTICE of Subpoenas by Clearone, Inc. (Flynn, Michael)
August 18, 2020 Opinion or Order Filing 319 NOTICE of Service of Plaintiffs Shure Incorporated and Shure Acquisition Holdings, Inc.s Supplemental Objections and Responses to Defendant Clearone, Inc.'s Fourth Set of Interrogatories (No. 13), filed by Shure Acquisition Holdings, Inc., Shure Incorporated.(Joyce, Alexandra) Modified on 8/18/2020 (nms).
August 17, 2020 Opinion or Order Filing 318 NOTICE OF SERVICE of Subpoenas, filed by Shure Acquisition Holdings, Inc., Shure Incorporated.(Joyce, Alexandra) Modified on 8/18/2020 (nms).
August 14, 2020 Opinion or Order Filing 317 REDACTED VERSION of #303 Declaration, by Clearone, Inc.. (Attachments: #1 Exhibits 4-30, #2 Exhibits 31-59)(Moshos, Andrew) Modified on 8/17/2020 (nms).
August 14, 2020 Opinion or Order Filing 316 REDACTED VERSION of #302 Declaration, by Clearone, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Moshos, Andrew) Modified on 8/17/2020 (nms).
August 14, 2020 Opinion or Order Filing 315 REDACTED VERSION of #301 Answering Brief in Opposition, by Clearone, Inc.. (Moshos, Andrew)
August 11, 2020 Opinion or Order Filing 314 ANSWER to #295 Amended Answer to Complaint,, Counterclaim, by Shure Acquisition Holdings, Inc., Shure Incorporated.(Lemon, Brian)
August 10, 2020 Opinion or Order Filing 313 OPENING BRIEF in Support re #312 MOTION to Dismiss Counterclaim and Strike Defendant's Affirmative Related to Inequitable Conduct, filed by Shure Acquisition Holdings, Inc., Shure Incorporated.Answering Brief/Response due date per Local Rules is 8/24/2020. (Attachments: #1 Exhibits A-B, #2 Exhibit C part 1, #3 Exhibit C. part 2, #4 Exhibits D-M)(Lemon, Brian) Modified on 8/10/2020 (nms).
August 10, 2020 Opinion or Order Filing 312 MOTION to Dismiss Counterclaim and Strike Affirmative Defense Related to Inequitable Conduct - filed by Shure Acquisition Holdings, Inc., Shure Incorporated. (Attachments: #1 Proposed Order)Motions referred to Christopher J. Burke.(Lemon, Brian) Modified on 8/10/2020 (nms).
August 7, 2020 Opinion or Order Filing 311 NOTICE OF SERVICE of (1) ClearOne, Inc.'s Objections and Responses to Shure Incorporated and Shure Acquisition Holdings, Inc.'s First Set of Requests for Admission (Nos. 1-11) and (2) ClearOne, Inc.'s Objections and Responses to Shure Incorporated and Shure Acquisition Holdings, Inc.'s Fourth Set of Interrogatories (Nos. 20-21) - filed by Clearone, Inc..(Flynn, Michael)
August 7, 2020 Opinion or Order Filing 310 [SEALED] Revised Joint Motion to Redact Portions of April 28, 2020 Hearing Transcript and in Response to D.I. 299 - filed by Clearone, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)Motions referred to Christopher J. Burke.(Moshos, Andrew) Modified on 8/7/2020 (nms).
August 5, 2020 Opinion or Order Filing 309 STIPULATION TO EXTEND TIME to file public versions of of the Answering Brief in Opposition to Shures Motion for Preliminary Injunction and the Declarations of Christina Von der Ahe Rayburn and attached exhibits to August 14, 2020 - filed by Clearone, Inc.. (Moshos, Andrew)
August 5, 2020 Opinion or Order SO ORDERED D.I. #309 STIPULATION TO EXTEND TIME to file public versions of of the Answering Brief in Opposition to Shures Motion for Preliminary Injunction and the Declarations of Christina Von der Ahe Rayburn and attached exhibits to August 14, 2020 filed by Clearone, Inc. Ordered by Judge Christopher J. Burke on 8/5/2020. (mlc)
August 4, 2020 Opinion or Order Filing 308 NOTICE to Take Deposition of Paul G. Waadevig on Thursday, August 20, 2020 at 9:00 a.m. (PDT) filed by Shure Acquisition Holdings, Inc., Shure Incorporated.(Lemon, Brian)
August 4, 2020 Opinion or Order Filing 307 NOTICE to Take Deposition of Michael P. Hudson on Friday August 14, 2020 at 10:00 am (EDT) filed by Shure Acquisition Holdings, Inc., Shure Incorporated.(Lemon, Brian)
August 4, 2020 Opinion or Order Filing 306 NOTICE to Take Deposition of Joel Delman on Tuesday, August 25, 2020 at 12:00 p.m. (PDT) filed by Shure Acquisition Holdings, Inc., Shure Incorporated.(Lemon, Brian)
August 3, 2020 Opinion or Order Filing 305 REDACTED VERSION of #295 Amended Answer to Complaint,, Counterclaim, by Clearone, Inc.. (Attachments: #1 Exhibit 1-14)(Moshos, Andrew)
August 3, 2020 Opinion or Order Filing 304 ORAL ORDER: The Court HEREBY ORDERS as follows regarding the September 21, 2020 preliminary injunction hearing: (1) By August 31, 2020, the parties shall submit a joint letter indicating: (a) their view as to how much time should be allocated for the preliminary injunction hearing; (b) whether they currently intend to provide live testimony at the hearing, and, if so, the identity of the witnesses they intend to call; and (c) their views regarding how the hearing should work from a logistical perspective in the event that it must be converted to a videoconference hearing using the Skype for Business platform in light of the COVID-19 pandemic.; and (2) By September 14, 2020, the parties shall submit to the Court two hard copies of the answering brief, reply brief, and sur-reply brief and accompanying exhibits/declarations. Ordered by Judge Christopher J. Burke on 8/3/2020. (mlc)
July 31, 2020 Opinion or Order Filing 303 [SEALED] DECLARATION of Christina Von Der Ahe Rayburnre, Volume 2 of 2 #301 Answering Brief in Opposition, by Clearone, Inc.. (Attachments: #1 Exhibits 4-30, #2 Exhibits 31-59)(Moshos, Andrew) Modified on 8/3/2020 (nms).
July 31, 2020 Opinion or Order Filing 302 [SEALED] DECLARATION of Christina Von Der Ahe Rayburn, Volume 1 of 2 re #301 Answering Brief in Opposition, by Clearone, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Moshos, Andrew) Modified on 8/3/2020 (nms).
July 31, 2020 Opinion or Order Filing 301 [SEALED] ANSWERING BRIEF in Opposition re #153 MOTION for Preliminary Injunction and Limited Temporary Restraining Order MOTION for Temporary Restraining Order, filed by Clearone, Inc..Reply Brief due date per Local Rules is 8/7/2020. (Moshos, Andrew) Modified on 8/1/2020 (rwc). Modified on 8/3/2020 (nms).
July 31, 2020 Opinion or Order Filing 300 NOTICE OF SERVICE of Defendant ClearOne, Inc.'s Fifth Set of Requests for Production to Shure Incorporated and Shure Acquisition Holdings, Inc. filed by Clearone, Inc..(Moshos, Andrew)
July 31, 2020 Opinion or Order Filing 299 ORAL ORDER: The Court, having reviewed the parties' joint motion to redact the April 28, 2020 transcript from the TRO hearing ("Motion"), (D.I. #288 ), notes that: (1) The Motion is almost two months late, but the parties provide no explanation as to why that is.; (2) The Motion requests a significant amount of redactions.; (3) Some of those proposed redactions appear to seek redaction of material that was not redacted in the Court's Report and Recommendation regarding Plaintiffs' request for a TRO (compare D.I. 184 at 8 n.7 (leaving unredacted "Sales of Defendant's BMA CT product are also dwarfed by the MXA910 product's sales) with certain of the proposed redactions on page 135 and page 167 of the hearing transcript).; and (4) The Court has a hard time understanding how certain of the other proposed redactions relate to material that is actually proprietary and confidential (see, e.g., the proposed redactions on page 125, or the second proposed redaction on page 128, or the first proposed redaction on page 135, or the first few proposed redactions on page 167 of the hearing transcript). In light of all this, the Court hereby ORDERS as follows: (1) By no later than August 7, 2020, the parties shall jointly file a revised motion seeking redactions to the April 28, 2020 hearing transcript ("the revised Motion"); (2) the revised Motion will contain an explanation for the parties' delay in filing the original Motion; and (3) the revised Motion shall include a chart that lists every proposed redaction sought in a left-hand-side column, and a detailed explanation of the rationale for the proposed redaction in a right-hand-side column. Ordered by Judge Christopher J. Burke on 7/31/2020. (mlc)
July 30, 2020 Opinion or Order Filing 298 REDACTED VERSION of #296 Letter by Clearone, Inc.. (Attachments: #1 Exhibit A)(Moshos, Andrew)
July 30, 2020 Opinion or Order Filing 297 REDACTED VERSION of #289 Exhibit to a Document by Clearone, Inc.. (Moshos, Andrew)
July 30, 2020 Opinion or Order REDACTION NOTICE: In accordance with section G of the Administrative Procedures Governing Filing and Service by Electronic Means, redacted versions of sealed documents shall be filed electronically within 7 days of the filing of the sealed document. The records of this case do not reflect the filing of a redacted version of DI #289 . (nms)
July 28, 2020 Opinion or Order Filing 296 [SEALED] Letter to The Honorable Christopher J. Burke, from Michael Flynn, regarding status. (Attachments: #1 Exhibit A)(Flynn, Michael) Modified on 7/29/2020 (nms).
July 28, 2020 Opinion or Order Minute Entry for proceedings held before Judge Christopher J. Burke - Markman Hearing held on 7/28/2020. The Court took the matter under advisement and will issue an opinion. (Court Reporter Jennifer Guy (Wilcox & Fetzer). Clerk: M. Crawford) Appearances: B. Lemon, Gerald Ivey, E. Ferrill, E. Cook, D. McCorquindale, L. MacDonald, S. English, A. Boyer for Plaintiffs; M. Flynn, D. Dixon, C. Rayburn, K. Younkins, M. Coll for Defendant. (mlc)
July 27, 2020 Opinion or Order Filing 295 [SEALED] AMENDED ANSWER to #64 Amended Complaint, COUNTERCLAIMS and Affirmative Defenses, against Shure Acquisition Holdings, Inc., Shure Incorporated by Clearone, Inc.. (Attachments: #1 Exhibits 1-14)(Moshos, Andrew) Modified on 7/28/2020 (nms).
July 22, 2020 Opinion or Order Filing 294 NOTICE OF SERVICE of Defendant ClearOne, Inc.s Fourth Set of Requests for Production to Shure Incorporated and Shure Acquisition Holdings, Inc. filed by Clearone, Inc..(Flynn, Michael)
July 22, 2020 Opinion or Order Filing 293 REDACTED VERSION of #266 Letter by Clearone, Inc.. (Attachments: #1 Exhibit A-G)(Flynn, Michael)
July 22, 2020 Opinion or Order Filing 292 REDACTED VERSION of #284 Letter by Shure Acquisition Holdings, Inc., Shure Incorporated. (Joyce, Alexandra)
July 21, 2020 Opinion or Order Filing 291 ORAL ORDER: The Court, having reviewed the parties' discovery dispute motion relating to Defendant ClearOne, Inc.'s ("ClearOne") request that Plaintiffs Shure Inc. and Shure Acquisition Holdings, Inc. ("Shure") be compelled to provide a full response to Interrogatory No. 13 (the "Motion"), (D.I. 260), and the parties' letter briefs relating thereto, (D.I. 266; D.I. 284), and having heard argument on July 20, 2020, HEREBY GRANTS-IN-PART ClearOne's Motion as follows: (1) On the one hand, surely some of the information requested by Interrogatory No. 13 would likely be relevant to ClearOne's defenses and counterclaims for the reasons set out in ClearOne's letter. (D.I. 266 at 1-2); (2) On the other hand, requiring Shure to respond to Interrogatory No. 13 as written would clearly be burdensome to Shure, as is set out in the helpful Declaration of Mr. Schanz. (D.I. 284, ex. C); (3) In light of the competing concerns here (and some of the parties' concessions during oral argument) the Court believes a fair balance would require Shure to provide a response to Interrogatory No. 13 that is further limited to: (a) oral communications (b) made after August 6, 2019 (c) involving some subset of the entire group of employees referenced in the Interrogatory (i.e., those most likely, in light of their position at Shure, to have had the communications at issue) and (d) involving communications made to the customers that ClearOne identified in its response to Shure's Interrogatory No. 3 and/or communications made to any customers regarding the three specific false statements identified in ClearOne's Counterclaims, (D.I. 232 at 11-16). (4) By no later than July 28, 2020, the parties shall meet and confer to attempt to reach agreement with respect to the subset of employees referenced above in (3)(c) and provide a status report to the Court; and by no later than August 18, 2020, absent further order of the Court, Shure shall provide such a supplemental response to Interrogatory No. 13. Ordered by Judge Christopher J. Burke on 7/21/2020. (dlb)
July 21, 2020 Opinion or Order REDACTION NOTICE: In accordance with section G of the Administrative Procedures Governing Filing and Service by Electronic Means, redacted versions of sealed documents shall be filed electronically within 7 days of the filing of the sealed document. The records of this case do not reflect the filing of a redacted version of DI #266 . (nms)
July 20, 2020 Opinion or Order Filing 290 CERTIFICATE OF SERVICE of Exhibit A (D.I. #289 ), by Clearone, Inc.. (Moshos, Andrew) Modified on 7/20/2020 (nms).
July 20, 2020 Opinion or Order Minute Entry for proceedings held before Judge Christopher J. Burke - Discovery dispute teleconference held on 7/20/2020. The Court heard argument regarding the parties' discovery dispute motion, (D.I. 260). The Court took the motion under advisement and will issue an order shortly. (Court Reporter John Donnelly. Clerk: M. Crawford) Appearances: A. Joyce, B. Lemon, E. Cook and A. Boyer for Plaintiffs; M. Flynn, D. Dixon, M. Coll for Defendant. (mlc)
July 20, 2020 Opinion or Order DEFICIENCY NOTICE by the Court issued to Clearone, Inc. re #289 Sealed Exhibit A. The Court notes that Sealed Exhibit filed at D.I. 289 lacks a certificate of service. The filer is to supplement the docket accordingly. (nms)
July 17, 2020 Opinion or Order Filing 289 [SEALED] EXHIBIT A re #288 Joint Motion to Redact Portions of the April 28, 2020 Hearing Transcript, by Clearone, Inc.. (Moshos, Andrew) Modified on 7/20/2020 (nms).
July 17, 2020 Opinion or Order Filing 288 Joint Motion to Redact Portions of the April 28, 2020 Hearing Transcript (D.I. #178 ) - filed by Clearone, Inc.. (Attachments: #1 Exhibit B) Motions referred to Christopher J. Burke.(Moshos, Andrew) Modified on 7/17/2020 (nms).
July 17, 2020 Opinion or Order CORRECTING ENTRY: The exhibit filed at D.I. 289 has been removed from the docket as the filing was improperly formatted. The filing lack a captioned titled cover page. Counsel is to refile the exhibit accordingly. (nms)
July 16, 2020 Opinion or Order Filing 287 NOTICE of Amended Subpoena, by Clearone, Inc.. (Attachments: #1 Exhibit A)(Flynn, Michael) Modified on 7/17/2020 (nms).
July 16, 2020 Opinion or Order Filing 286 ORAL ORDER: The Court, having considered Defendant's Notice Regarding Intent to Have Newer Attorney Argue Discovery Dispute, (D.I. 285 ), and pursuant to the Court's Standing Order Regarding Courtroom Opportunities for Newer Attorneys, HEREBY ORDERS that it will ensure that the parties have at least 60 minutes of argument collectively for the discovery dispute teleconference scheduled for July 20, 2020. Ordered by Judge Christopher J. Burke on 7/16/2020. (dlb)
July 16, 2020 Opinion or Order Filing 285 NOTICE of Intent to Have Newer Attorney Argue Discovery Dispute - by Clearone, Inc. re 256 Order Setting Teleconference,,,,, (Moshos, Andrew)
July 15, 2020 Opinion or Order Filing 284 [SEALED] Letter to The Honorable Christopher J. Burke from Brian Lemon, Esq. regarding Responsive Letter Brief. (Attachments: #1 Exhibit A-D, #2 Certificate of Service)(Lemon, Brian)
July 15, 2020 Opinion or Order Filing 283 NOTICE OF SERVICE of Subpoena filed by Shure Acquisition Holdings, Inc., Shure Incorporated.(Lemon, Brian)
July 14, 2020 Opinion or Order Filing 282 NOTICE OF SERVICE of (1) ClearOne, Inc.'s Supplemental Objections and Responses to Shure Incorporated and Shure Acquisition Holdings, Inc.'s Second Set of Interrogatories (Nos. 16 & 17) and (2) ClearOne, Inc.'s Second Supplemental Objections and Responses to Shure Incorporated and Shure Acquisition Holdings, Inc.'s First Set of Interrogatories (No. 12) filed by Clearone, Inc..(Flynn, Michael)
July 14, 2020 Opinion or Order Filing 281 Joint Letter to The Honorable Christopher J. Burke, from Brian R. Lemon, Esq., regarding amended Joint Claim Construction Chart. (Lemon, Brian) Modified on 7/14/2020 (nms).
July 14, 2020 Opinion or Order Filing 280 Amended Joint Claim Construction Chart, by Shure Acquisition Holdings, Inc., Shure Incorporated. (Lemon, Brian) Modified on 7/15/2020 (nms).
July 14, 2020 Opinion or Order Filing 279 REDACTED VERSION of #247 Exhibits, by Shure Acquisition Holdings, Inc., Shure Incorporated. (Lemon, Brian) Modified on 7/15/2020 (nms).
July 14, 2020 Opinion or Order Filing 278 REDACTED VERSION of #244 Exhibits, by Shure Acquisition Holdings, Inc., Shure Incorporated. (Lemon, Brian) Modified on 7/15/2020 (nms).
July 14, 2020 Opinion or Order Filing 277 REDACTED VERSION of #249 Exhibits, by Shure Acquisition Holdings, Inc., Shure Incorporated. (Lemon, Brian) Modified on 7/15/2020 (nms).
July 14, 2020 Opinion or Order Filing 276 REDACTED VERSION of #248 Exhibits, by Shure Acquisition Holdings, Inc., Shure Incorporated. (Lemon, Brian) Modified on 7/15/2020 (nms).
July 14, 2020 Opinion or Order Filing 275 REDACTED VERSION of #246 Exhibits, by Shure Acquisition Holdings, Inc., Shure Incorporated. (Lemon, Brian) Modified on 7/15/2020 (nms).
July 14, 2020 Opinion or Order Filing 274 REDACTED VERSION of #245 Exhibits, by Shure Acquisition Holdings, Inc., Shure Incorporated. (Attachments: #1 Part 2, #2 Part 3)(Lemon, Brian) Modified on 7/15/2020 (nms).
July 14, 2020 Opinion or Order Filing 273 REDACTED VERSION of #243 Exhibits, by Shure Acquisition Holdings, Inc., Shure Incorporated. (Attachments: #1 Part 2)(Lemon, Brian) Modified on 7/15/2020 (nms).
July 14, 2020 Opinion or Order Filing 272 REDACTED VERSION of #242 Exhibits, by Shure Acquisition Holdings, Inc., Shure Incorporated. (Attachments: #1 Part 2)(Lemon, Brian) Modified on 7/15/2020 (nms).
July 14, 2020 Opinion or Order Filing 271 REDACTED VERSION of #241 Exhibits, by Shure Acquisition Holdings, Inc., Shure Incorporated. (Attachments: #1 Part 2, #2 Part 3, #3 Part 4)(Lemon, Brian) Modified on 7/14/2020 (nms).
July 14, 2020 Opinion or Order Filing 270 REDACTED VERSION of #240 Exhibits, by Shure Acquisition Holdings, Inc., Shure Incorporated. (Attachments: #1 Part 2, #2 Part 3, #3 Part 4)(Lemon, Brian) Modified on 7/14/2020 (nms).
July 14, 2020 Opinion or Order Filing 269 REDACTED VERSION of #239 Exhibits, by Shure Acquisition Holdings, Inc., Shure Incorporated. (Attachments: #1 Part 2, #2 Part 3, #3 Part 4, #4 Part 5, #5 Part 6, #6 Part 7)(Lemon, Brian) Modified on 7/14/2020 (nms).
July 14, 2020 Opinion or Order Filing 268 REDACTED VERSION of #238 Joint Claim Construction Brief by Shure Acquisition Holdings, Inc., Shure Incorporated. (Lemon, Brian)
July 13, 2020 Opinion or Order SO ORDERED D.I. #267 Stipulation to Extend Page Limits filed by Clearone, Inc. Ordered by Judge Christopher J. Burke on 7/13/2020. (mlc)
July 10, 2020 Opinion or Order Filing 267 STIPULATION and [Proposed] Order to Extend Page Limits, by Clearone, Inc.. (Moshos, Andrew) Modified on 7/10/2020 (nms).
July 9, 2020 Opinion or Order Filing 266 [SEALED] Letter to The Honorable Christopher J. Burke from Michael Flynn regarding Discovery Dispute. (Attachments: #1 Exs. A-G)(Flynn, Michael)
July 9, 2020 Opinion or Order Filing 265 STIPULATION TO EXTEND TIME to Submit Public Versions of the Joint Claim Construction Brief and Related Exhibits 1-65 to and including Tuesday, July 14, 2020 - filed by Shure Acquisition Holdings, Inc., Shure Incorporated. (Joyce, Alexandra)
July 9, 2020 Opinion or Order SO ORDERED D.I. #265 STIPULATION TO EXTEND TIME to Submit Public Versions of the Joint Claim Construction Brief and Related Exhibits 1-65 to and including Tuesday, July 14, 2020 filed by Shure Acquisition Holdings, Inc., Shure Incorporated. Ordered by Judge Christopher J. Burke on 7/9/2020. (dlb)
July 9, 2020 Opinion or Order SO ORDERED D.I. #264 STIPULATION TO EXTEND TIME for ClearOne to respond to Shure's Motion to Dismiss Defendant's Counterclaims and Motion to Strike Defendant's Affirmative Defenses Related to Inequitable Conduct (D.I. 258) to July 27, 2020 filed by Clearone, Inc. Ordered by Judge Christopher J. Burke on 7/9/2020. (dlb)
July 8, 2020 Opinion or Order Filing 264 STIPULATION TO EXTEND TIME for ClearOne to respond to Shure's Motion to Dismiss Defendant's Counterclaims and Motion to Strike Defendant's Affirmative Defenses Related to Inequitable Conduct (D.I. 258) to July 27, 2020 - filed by Clearone, Inc.. (Flynn, Michael)
July 8, 2020 Opinion or Order Filing 263 NOTICE Of Service of (1) Plaintiffs Shure Incorporated and Shure Acquisition Holdings, Inc.s First Set of Requests for Admission to Defendant Clearone, Inc. (Nos. 1-11), and (2) Plaintiffs Shure Incorporated and Shure Acquisition Holdings, Inc.s Fourth Set of Interrogatories to Defendant Clearone, Inc., (Nos. 20-21), filed by Shure Acquisition Holdings, Inc., Shure Incorporated.(Joyce, Alexandra) Modified on 7/8/2020 (nms).
July 7, 2020 Opinion or Order Filing 262 EXHIBITS, Volume 2 re #259 Opening Brief in Support, by Shure Acquisition Holdings, Inc., Shure Incorporated. (Attachments: #1 Exhibits E-N, #2 Exhibit O Part 1, #3 Exhibit O Part 2, #4 Exhibits P-U)(Lemon, Brian) Modified on 7/7/2020 (nms).
July 7, 2020 Opinion or Order Filing 261 EXHIBITS, Volume 1 re #259 Opening Brief in Support, by Shure Acquisition Holdings, Inc., Shure Incorporated. (Attachments: #1 Exhibits A-C, #2 Exhibit D Part 1, #3 Exhibit D Part 2, #4 Exhibit D Part 3)(Lemon, Brian) Modified on 7/7/2020 (nms).
July 7, 2020 Opinion or Order Filing 260 Joint MOTION for Teleconference to Resolve Discovery Dispute - filed by Clearone, Inc.. Motions referred to Christopher J. Burke.(Moshos, Andrew) Modified on 7/7/2020 (nms).
July 7, 2020 Opinion or Order CORRECTING ENTRY: The exhibits filed at D.I. 260 through D.I. 267 have been removed from the docket. The exhibits are to be filed in a more efficient multi-volume set with captioned cover pages on each volume (i.e. it was identified that one volume was only 66 pages, and other volumes had no captioned cover pages identifying the designated volume). (nms)
July 6, 2020 Opinion or Order Filing 259 OPENING BRIEF in Support re #258 MOTION to Dismiss Counterclaims and to Strike Affirmative Defenses Related to Inequitable Conduct, filed by Shure Acquisition Holdings, Inc., Shure Incorporated.Answering Brief/Response due date per Local Rules is 7/20/2020. (Lemon, Brian) Modified on 7/7/2020 (nms). Modified on 7/7/2020 (nms).
July 6, 2020 Opinion or Order Filing 258 MOTION to Dismiss Counterclaims and to Strike Affirmative Defenses Related to Inequitable Conduct - filed by Shure Acquisition Holdings, Inc., Shure Incorporated. (Attachments: #1 Proposed Order)Motions referred to Christopher J. Burke.(Lemon, Brian) Modified on 7/7/2020 (nms). Modified on 7/7/2020 (nms).
July 6, 2020 Opinion or Order Filing 257 ANSWER to #232 Answer to Amended Complaint, Affirmative Defensense, and Counterclaims, by Shure Acquisition Holdings, Inc., Shure Incorporated.(Lemon, Brian) Modified on 7/7/2020 (nms).
July 6, 2020 Opinion or Order Filing 256 ORAL ORDER Setting Teleconference: The Court has reviewed the parties' July 2, 2020 letter requesting a discovery dispute teleconference regarding 1 discovery dispute. (D.I. 253) It hereby ORDERS that the procedures for resolving a discovery dispute set out in the Scheduling Order, (D.I. 62), 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 20, 2020 at 10:00 a.m. before Judge Christopher J. Burke. (3) On July 9, 2020, the party seeking relief shall file with the Court a letter, not to exceed two (2) single-spaced pages, in no less than 12-point font, outlining the issue in dispute and its position on that issue. On July 15, 2020, the party opposing the application for relief may file a letter, not to exceed two (2) single-spaced pages, in no less than 12-point font, outlining that party reasons for its opposition.; (4) By no later than July 15, 2020, the parties shall jointly provide the Courts Courtroom Deputy, Ms. Benyo, with a dial-in number via e-mail to use for the call.; and (5) The Court may choose to resolve the dispute prior to the telephone conference and will, in that event, cancel the conference. Ordered by Judge Christopher J. Burke on 7/6/2020. (dlb)
July 6, 2020 Opinion or Order Filing 255 NOTICE to Take Deposition of John Miller on July 10, 2020 filed by Clearone, Inc..(Flynn, Michael) (Main Document 255 replaced on 7/6/2020) (dlb). Modified on 7/6/2020 (dlb).
July 6, 2020 Opinion or Order Filing 254 NOTICE to Take Deposition of Elizabeth Cho on July 7, 2020 filed by Clearone, Inc..(Flynn, Michael)
July 2, 2020 Opinion or Order Filing 253 Letter to The Honorable Christopher J. Burke from Michael Flynn regarding request for the scheduling of a discovery teleconference. (Flynn, Michael)
July 1, 2020 Opinion or Order Filing 252 STIPULATION and Proposed Order to Extend Time - filed by Shure Acquisition Holdings, Inc., Shure Incorporated. (Joyce, Alexandra) Modified on 7/2/2020 (nms).
July 1, 2020 Opinion or Order SO ORDERED D.I. #252 STIPULATION TO EXTEND TIME the deadline to submit public versions of the Joint Claim Construction brief (D.I. 238) and related Exhibits 1-65 (D.I. 239 D.I. 249) to July 10, 2020 filed by Shure Acquisition Holdings, Inc., Shure Incorporated. Ordered by Judge Christopher J. Burke on 7/1/2020. (dlb)
June 26, 2020 Opinion or Order Filing 251 MULTI MEDIA DOCUMENT filed by Shure Acquisition Holdings, Inc., Shure Incorporated in the form of a CD. Filing related to #250 Notice of Filing Multi Media Materials. (*Media on file in Clerk's Office). (nms)
June 25, 2020 Opinion or Order Filing 250 NOTICE of filing the following Non-Paper material(s) in multi media format: Exhibit 40 to the Joint Claim Construction Brief (D.I. 238). Original Non-paper material(s) to be filed with the Clerk's Office. Notice filed by Alexandra M. Joyce on behalf of Shure Acquisition Holdings, Inc., Shure Incorporated (Joyce, Alexandra)
June 25, 2020 Opinion or Order Filing 249 [SEALED] EXHIBITS, Volume 11 to #238 Joint Claim Construction Brief, by Shure Acquisition Holdings, Inc., Shure Incorporated. (Attachments: #1 Exhibit 60, #2 Exhibits 61-65, #3 Certificate of Service)(Lemon, Brian) Modified on 6/25/2020 (nms).
June 25, 2020 Opinion or Order Filing 248 [SEALED] EXHIBITS, Volume 10 to #238 Joint Claim Construction Brief, by Shure Acquisition Holdings, Inc., Shure Incorporated. (Attachments: #1 Exhibits 53-54, #2 Exhibit 55 Pt.1, #3 Exhibit 55 Pt.2, #4 Exhibits 56-59, #5 Certificate of Service)(Lemon, Brian) Modified on 6/25/2020 (nms).
June 25, 2020 Opinion or Order Filing 247 [SEALED] EXHIBITS, Volume 9 to #238 Joint Claim Construction Brief, by Shure Acquisition Holdings, Inc., Shure Incorporated. (Attachments: #1 Exhibits 36-44, #2 Exhibits 45-52, #3 Certificate of Service)(Lemon, Brian) Modified on 6/25/2020 (nms).
June 25, 2020 Opinion or Order Filing 246 [SEALED] EXHIBITS, Volume 8 to #238 Joint Claim Construction Brief, by Shure Acquisition Holdings, Inc., Shure Incorporated. (Attachments: #1 Exhibits 25-35, #2 Certificate of Service)(Lemon, Brian) Modified on 6/25/2020 (nms).
June 25, 2020 Opinion or Order Filing 245 [SEALED] EXHIBITS, Volume 7 to #238 Joint Claim Construction Brief, by Shure Acquisition Holdings, Inc., Shure Incorporated. (Attachments: #1 Exhibit 21, #2 Exhibit 22 Pt.1, #3 Exhibit 22 Pt.2, #4 Exhibit 22 Pt.3, #5 Exhibit 23, #6 Exhibit 24 Pt.1, #7 Exhibit 24 Pt.2, #8 Exhibit 24 Pt.3, #9 Certificate of Service)(Lemon, Brian) Modified on 6/25/2020 (nms).
June 25, 2020 Opinion or Order Filing 244 [SEALED] EXHIBITS, Volume 6 to #238 Joint Claim Construction Brief, by Shure Acquisition Holdings, Inc., Shure Incorporated. (Attachments: #1 Exhibits 12-15, #2 Exhibits 16-19, #3 Exhibit 20, #4 Certificate of Service)(Lemon, Brian) Modified on 6/25/2020 (nms). (Attachment 1 replaced on 7/6/2020) (dlb).
June 25, 2020 Opinion or Order Filing 243 [SEALED] EXHIBITS, Volume 5 to #238 Joint Claim Construction Brief, by Shure Acquisition Holdings, Inc., Shure Incorporated. (Attachments: #1 Exhibit 11 Pt.12, #2 Exhibit 11 Pt.13, #3 Exhibit 11 Pt.14, #4 Exhibit 11 Pt.15, #5 Exhibit 11 Pt.16, #6 Certificate of Service)(Lemon, Brian) Modified on 6/25/2020 (nms).
June 25, 2020 Opinion or Order Filing 242 [SEALED] EXHIBITS, Volume 4 to #238 Joint Claim Construction Brief, by Shure Acquisition Holdings, Inc., Shure Incorporated. (Attachments: #1 Exhibit 11 Pt.8, #2 Exhibit 11 Pt.9, #3 Exhibit 11 Pt.10, #4 Exhibit 11 Pt.11, #5 Certificate of Service)(Lemon, Brian) Modified on 6/25/2020 (nms).
June 25, 2020 Opinion or Order Filing 241 [SEALED] EXHIBITS, Volume 3 to #238 Joint Claim Construction Brief, by Shure Acquisition Holdings, Inc., Shure Incorporated. (Attachments: #1 Exhibit 11 Pt.4, #2 Exhibit 11 Pt.5, #3 Exhibit 11 Pt.6, #4 Exhibit 11 Pt.7, #5 Certificate of Service)(Lemon, Brian) Modified on 6/25/2020 (nms).
June 25, 2020 Opinion or Order Filing 240 [SEALED] EXHIBITS, Volume 2 to #238 Joint Claim Construction Brief, by Shure Acquisition Holdings, Inc., Shure Incorporated. (Attachments: #1 Exhibit 11 Pt.1, #2 Exhibit 11 Pt.2, #3 Exhibit 11 Pt.3, #4 Certificate of Service)(Lemon, Brian) Modified on 6/25/2020 (nms).
June 25, 2020 Opinion or Order Filing 239 [SEALED] EXHIBITS, Volume 1 to #238 Joint Claim Construction Brief, by Shure Acquisition Holdings, Inc., Shure Incorporated. (Attachments: #1 Exhibits 1-3, #2 Exhibit 4, #3 Exhibit 5 Pt.1, #4 Exhibit 5 Pt.2, #5 Exhibit 5 Pt.3, #6 Exhibit 5 Pt.4, #7 Exhibit 5 Pt.5, #8 Exhibits 6-10, #9 Certificate of Service)(Lemon, Brian) Modified on 6/25/2020 (nms).
June 25, 2020 Opinion or Order CORRECTING ENTRY: The exhibits filed at D.I. 238 have been removed. The document could not be bound consistent with the way it was filed. Counsel will refile the exhibits in a multi-volume set. (nms)
June 25, 2020 Opinion or Order CORRECTING ENTRY: The exhibits filed at D.I. 239 have been removed per counsel's request. The exhibits will be refiled. (nms)
June 24, 2020 Opinion or Order Filing 238 [SEALED] JOINT Claim Construction Brief, filed by Shure Incorporated, Shure Acquisition Holdings, Inc.. (Attachments: #45 Certificate of Service)(Lemon, Brian) Modified on 6/25/2020 (nms). Modified on 6/25/2020 (nms).
June 22, 2020 Opinion or Order Filing 237 NOTICE OF SERVICE of ClearOne, Inc.'s Objections and Responses to Shure Incorporated and Shure Acquisition Holdings, Inc.'s Third Set of Interrogatories (Nos. 18-19) filed by Clearone, Inc..(Flynn, Michael)
June 19, 2020 Opinion or Order Filing 236 NOTICE of Subpoena to Matthew Morrow, by Clearone, Inc.. (Flynn, Michael) Modified on 6/22/2020 (nms).
June 18, 2020 Opinion or Order Filing 235 ORAL ORDER: The Court HEREBY ORDERS as follows regarding the July 28, 2020 Markman hearing: (1) The July 28, 2020 Markman hearing will be held via videoconference using the Skype for Business platform. By no later than July 21, 2020, the parties shall send an e-mail to the Court's Courtroom Deputy, Ms. Benyo, indicating the names and e-mail addresses of all individuals who will participate in the hearing.; (2) Having reviewed the parties' June 17, 2020 letter, (D.I. 233), the Court hereby ADOPTS the parties' proposals regarding time allocation, the order of the terms/issues and which side will present argument first for each term/issue. Three hours will be allocated for argument, to be split equally between the parties. (3) On or before July 14, 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/issues that remain in dispute. The meet and confer shall focus on an attempt to reach agreement on any remaining disputed terms/issues where possible and on an attempt to focus the dispute over the remaining terms/issues in light of the parties claim construction briefing. Accompanying any amended joint claim construction chart, the parties shall file a letter with the Court identifying by name each individual who participated in the meet and confer, when and how that meet and confer occurred and how long it lasted. If no agreements on constructions have been reached or if no dispute has been narrowed on the meet and confer, the letter shall so state and the parties need not file an amended joint claim construction chart. (4) By July 14, 2020, the parties shall submit to the Court two hard copies of the Joint Claim Construction brief and accompanying exhibits/declarations.; and (5) By no later than 24 hours in advance of the hearing, the parties shall submit their slide presentations via email to Ms. Benyo. Ordered by Judge Christopher J. Burke on 6/18/2020. (dlb)
June 18, 2020 Opinion or Order Filing 234 ORDER: The Report and Recommendation (D.I. #204 ) is ADOPTED. Defendant's motions to dismiss (D.I. #21 ; D.I. #75 ) are DENIED. Signed by Judge Richard G. Andrews on 6/18/2020. (nms)
June 17, 2020 Opinion or Order Filing 233 Joint Letter to The Honorable Christopher J. Burke from Brian R. Lemon, Esq. regarding July 28, 2020 Claim Construction Hearing. (Lemon, Brian)
June 15, 2020 Opinion or Order Filing 232 ANSWER to #64 Amended Complaint with Jury Demand, and COUNTERCLAIMS against Shure Acquisition Holdings, Inc., Shure Incorporated by Clearone, Inc.. (Attachments: #1 Exhibits 1-6)(Flynn, Michael) Modified on 6/16/2020 (nms).
June 12, 2020 Opinion or Order Filing 231 Amended NOTICE to Take Deposition of Chad Wiggins on June 26, 2020, filed by Clearone, Inc..(Flynn, Michael) Modified on 6/12/2020 (nms).
June 12, 2020 Opinion or Order Filing 230 Amended NOTICE to Take Deposition of James Schanz on June 22, 2020, filed by Clearone, Inc..(Flynn, Michael) Modified on 6/12/2020 (nms).
June 12, 2020 Opinion or Order Filing 229 Amended NOTICE to Take Deposition of John Miller on June 26, 2020, filed by Clearone, Inc..(Flynn, Michael) Modified on 6/12/2020 (nms)
June 12, 2020 Opinion or Order Filing 228 Amended NOTICE to Take Deposition of Gregory Lantz on June 23, 2020, filed by Clearone, Inc..(Flynn, Michael) Modified on 6/12/2020 (nms).
June 12, 2020 Opinion or Order Filing 227 Amended NOTICE to Take Deposition of Paul Hatch on July 2, 2020, filed by Clearone, Inc..(Flynn, Michael) Modified on 6/12/2020 (nms).
June 12, 2020 Opinion or Order Filing 226 Amended NOTICE to Take Deposition of Elizabeth Cho on June 25, 2020, filed by Clearone, Inc..(Flynn, Michael) Modified on 6/12/2020 (nms).
June 12, 2020 Opinion or Order Filing 225 Amended NOTICE to Take Deposition of Bob Abraham on June 19, 2020, filed by Clearone, Inc..(Flynn, Michael) Modified on 6/12/2020 (nms).
June 9, 2020 Opinion or Order Filing 224 NOTICE to Take Deposition of Jason DiCampello on July 22, 2020 filed by Shure Acquisition Holdings, Inc., Shure Incorporated.(Joyce, Alexandra)
June 9, 2020 Opinion or Order Filing 223 NOTICE to Take Deposition of John Schnibbe on July 10, 2020 filed by Shure Acquisition Holdings, Inc., Shure Incorporated.(Joyce, Alexandra)
June 9, 2020 Opinion or Order Filing 222 NOTICE to Take Deposition of Ashanti Long on July 16, 2020 filed by Shure Acquisition Holdings, Inc., Shure Incorporated.(Joyce, Alexandra)
June 9, 2020 Opinion or Order Filing 221 NOTICE to Take Deposition of Derek Graham on July 10, 2020 filed by Shure Acquisition Holdings, Inc., Shure Incorporated.(Joyce, Alexandra)
June 9, 2020 Opinion or Order Filing 220 NOTICE OF SERVICE of Supplemental Declaration of Paul Hatch In Support of Plaintiffs Motion for Preliminary Injunction and Exhibits filed by Shure Acquisition Holdings, Inc., Shure Incorporated.(Joyce, Alexandra)
June 9, 2020 Opinion or Order Filing 219 ORAL ORDER: Pursuant to the request of the parties, (D.I. 218), the Court hereby ORDERS that the hearing on the motion for preliminary injunction is rescheduled to September 21, 2020 at 1:00 p.m. in Courtroom 2A before Judge Christopher J. Burke. Ordered by Judge Christopher J. Burke on 6/9/2020. (dlb)
June 9, 2020 Opinion or Order SO ORDERED D.I. #218 STIPULATION TO EXTEND TIME for various documents to various dates (see Stipulation) filed by Clearone, Inc. Ordered by Judge Christopher J. Burke on 6/9/2020. (dlb)
June 8, 2020 Opinion or Order Filing 218 STIPULATION and Proposed Order to Extend Time - filed by Clearone, Inc.. (Flynn, Michael).
June 8, 2020 Opinion or Order Filing 217 NOTICE to Take Video Deposition of Ira Weinstein on June 15, 2020, filed by Clearone, Inc..(Flynn, Michael) Modified on 6/9/2020 (nms).
June 5, 2020 Opinion or Order Filing 216 NOTICE to Take Deposition of Paul Hatch (Video) on June 12, 2020 filed by Clearone, Inc..(Flynn, Michael)
June 4, 2020 Opinion or Order Filing 215 NOTICE OF SERVICE of Plaintiffs Claim Construction Reply Brief filed by Shure Acquisition Holdings, Inc., Shure Incorporated.(Joyce, Alexandra)
June 2, 2020 Opinion or Order Filing 214 NOTICE to Take Deposition of Paul Hatch on June 18, 2020 filed by Clearone, Inc..(Moshos, Andrew)
June 2, 2020 Opinion or Order Filing 213 NOTICE to Take Deposition of John Miller on June 12, 2020 filed by Clearone, Inc..(Moshos, Andrew)
June 2, 2020 Opinion or Order Filing 212 NOTICE to Take Deposition of James Schanz on June 9, 2020 filed by Clearone, Inc..(Moshos, Andrew)
June 2, 2020 Opinion or Order Filing 211 NOTICE to Take Deposition of Ira Weinstein on June 23, 2020 filed by Clearone, Inc..(Moshos, Andrew)
June 2, 2020 Opinion or Order Filing 210 NOTICE to Take Deposition of Gregory Lantz on June 9, 2020 filed by Clearone, Inc..(Moshos, Andrew)
June 2, 2020 Opinion or Order Filing 209 NOTICE to Take Deposition of Elizabeth Cho on June 11, 2020 filed by Clearone, Inc..(Moshos, Andrew)
June 2, 2020 Opinion or Order Filing 208 NOTICE to Take Deposition of Chad Wiggins on June 12, 2020 filed by Clearone, Inc..(Moshos, Andrew)
June 2, 2020 Opinion or Order Filing 207 NOTICE to Take Deposition of Bob Abraham on June 18, 2020 filed by Clearone, Inc..(Moshos, Andrew)
June 1, 2020 Opinion or Order Filing 206 NOTICE OF SERVICE of (i) Plaintiffs Shure Incorporated and Shure Acquisition Holdings, Inc.'s Supplemental Objections and Responses to Defendant ClearOne, Inc.'s Fifth Set of Interrogatories (Nos. 15, 18, and 19) Pursuant to Order Setting Hearing on Preliminary Injunction; (ii) Plaintiffs Shure Incorporated and Shure Acquisition Holdings, Inc.'s Supplemental Objections and Responses to Defendant ClearOne, Inc.'s First Set of Requests for Admission (Nos. 9, 10, and 11) Pursuant to Order Setting Hearing on Preliminary Injunction; and (iii) Plaintiffs Shure Incorporated and Shure Acquisition Holdings, Inc.'s Objections and Supplemental Responses to Defendant ClearOne, Inc.'s First Set of Interrogatories (Nos. 1-6) filed by Shure Acquisition Holdings, Inc., Shure Incorporated.(Lemon, Brian)
June 1, 2020 Opinion or Order Filing 205 Amended Notice of Subpoena on Washington Professional Systems, by Clearone, Inc.. (Flynn, Michael) Modified on 6/1/2020 (nms).
June 1, 2020 Opinion or Order Filing 204 REPORT AND RECOMMENDATION recommending DENYING D.I. #75 MOTION to Dismiss filed by Clearone, Inc., #21 MOTION to Dismiss filed by Clearone, 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 6/15/2020. Signed by Judge Christopher J. Burke on 6/1/2020. (mlc)
May 28, 2020 Opinion or Order Filing 203 NOTICE OF SERVICE of Subpoenas filed by Shure Acquisition Holdings, Inc., Shure Incorporated.(Joyce, Alexandra)
May 27, 2020 Opinion or Order Filing 202 MOTION for Pro Hac Vice Appearance of Attorney Xinlin Li Morrow - filed by Clearone, Inc.. Motions referred to Christopher J. Burke.(Flynn, Michael)
May 27, 2020 Opinion or Order SO ORDERED D.I. #202 MOTION for Pro Hac Vice Appearance of Attorney Xinlin Li Morrow filed by Clearone, Inc. Ordered by Judge Christopher J. Burke on 5/27/2020. (mlc)
May 26, 2020 Opinion or Order Filing 201 REDACTED VERSION of #188 Response to Objections by Clearone, Inc.. (Attachments: #1 Exhibit 1)(Flynn, Michael)
May 26, 2020 Opinion or Order REDACTION NOTICE: In accordance with section G of the Administrative Procedures Governing Filing and Service by Electronic Means, redacted versions of sealed documents shall be filed electronically within 7 days of the filing of the sealed document. The records of this case do not reflect the filing of a redacted version of DI #188 . (nms)
May 22, 2020 Opinion or Order Filing 200 NOTICE OF SERVICE of ClearOne, Inc.'s Supplemental Objections and Responses to Shure Incorporated and Shure Acquisition Holdings, Inc.'s First Set of Interrogatories (Nos. 4, 5, 6, 12) filed by Clearone, Inc..(Flynn, Michael)
May 22, 2020 Opinion or Order Filing 199 NOTICE of Video Deposition of Paul G. Waadevig, by Shure Acquisition Holdings, Inc., Shure Incorporated. (Joyce, Alexandra) Modified on 5/26/2020 (nms).
May 22, 2020 Opinion or Order Filing 198 NOTICE of Video Deposition of Michael P. Hudson, by Shure Acquisition Holdings, Inc., Shure Incorporated. (Joyce, Alexandra) Modified on 5/26/2020 (nms).
May 22, 2020 Opinion or Order Filing 197 NOTICE of Video Deposition of Joel Delman, by Shure Acquisition Holdings, Inc., Shure Incorporated. (Joyce, Alexandra) Modified on 5/26/2020 (nms).
May 22, 2020 Opinion or Order Filing 196 NOTICE OF SERVICE of Subpoena filed by Shure Acquisition Holdings, Inc., Shure Incorporated.(Joyce, Alexandra)
May 21, 2020 Opinion or Order Filing 195 NOTICE Of Service of Plaintiffs Shure Incorporated and Shure Acquisition Holdings, Inc.s Third Set of Interrogatories to Defendant Clearone, Inc. (Nos. 18-19), filed by Shure Acquisition Holdings, Inc., Shure Incorporated.(Lemon, Brian) Modified on 5/21/2020 (nms).
May 21, 2020 Opinion or Order Filing 194 NOTICE OF SERVICE of ClearOne's Responsive Claim Construction Brief filed by Clearone, Inc..(Flynn, Michael)
May 20, 2020 Opinion or Order Filing 193 Comment Regarding Plaintiffs' Technology Tutorial (D.I. #166 ), by Clearone, Inc.. (Attachments: #1 Exhibit 1)(Flynn, Michael) Modified on 5/21/2020 (nms).
May 20, 2020 Opinion or Order Filing 192 Comments to Defendant's Technical Tutorial (see D.I. #168 , by Shure Acquisition Holdings, Inc., Shure Incorporated . (Lemon, Brian) Modified on 5/21/2020 (nms).
May 19, 2020 Opinion or Order Filing 191 NOTICE of Subpoenas Dobbs-Stanford Corporation, Jon Bullard, McFadden Sales, SK Mac, Jason Staples, and John Scruggs, by Clearone, Inc. (Flynn, Michael) Modified on 5/20/2020 (nms).
May 15, 2020 Opinion or Order Filing 190 NOTICE Of Service of 1) Plaintiffs Shure Incorporated and Shure Acquisition Holdings, Inc.s Objections and Responses to Defendant Clearone, Inc.s Fifth Set of Interrogatories (Nos. 14-21) Pursuant to Order Setting Hearing on Preliminary Injunction; (2) Plaintiffs Shure Incorporated and Shure Acquisition Holdings, Inc.s Objections and Responses to Defendant Clearone, Inc.s First Set of Requests for Admission Pursuant to Order Setting Hearing on Preliminary Injunction; and (3) Plaintiffs Shure Incorporated and Shure Acquisition Holdings, Inc.s Objections and Responses to Defendant Clearone, Inc.s Third Set of Requests for Production to Pursuant to Order Setting Hearing on Preliminary Injunction, filed by Shure Acquisition Holdings, Inc., Shure Incorporated.(Joyce, Alexandra) Modified on 5/18/2020 (nms).
May 15, 2020 Opinion or Order Filing 189 NOTICE of Subpoenas, by Clearone, Inc.. (Flynn, Michael) Modified on 5/18/2020 (nms).
May 15, 2020 Opinion or Order Filing 188 [SEALED] RESPONSE to #185 Objections, by Clearone, Inc.. (Attachments: #1 Exhibit 1)(Flynn, Michael) Modified on 5/18/2020 (nms).
May 14, 2020 Opinion or Order Pro Hac Vice Attorney Luke H. MacDonald for Shure Acquisition Holdings, Inc. and Shure Incorporated 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)
May 13, 2020 Opinion or Order Filing 187 REDACTED VERSION of #185 Objection to Report and Recommendations by Shure Acquisition Holdings, Inc., Shure Incorporated. (Lemon, Brian)
May 11, 2020 Opinion or Order Filing 186 NOTICE to Take Deposition of Paul Hatch on May 18, 2020 filed by Clearone, Inc..(Flynn, Michael)
May 8, 2020 Opinion or Order Filing 185 [SEALED] OBJECTIONS to #176 Report and Recommendations, by Shure Acquisition Holdings, Inc., Shure Incorporated. (Attachments: #1 Exhibit 1, #2 Certification, #3 Certificate of Service)(Lemon, Brian) Modified on 5/11/2020 (nms).
May 7, 2020 Opinion or Order Filing 184 REDACTED VERSION of #176 Report and Recommendations. (mlc)
May 7, 2020 Opinion or Order Filing 183 ORDER granting in part D.I. #180 Joint Motion to Maintain Portions of D.I. 176 filed under seal filed by Clearone, Inc. Signed by Judge Christopher J. Burke on 5/7/2020. (dlb)
May 5, 2020 Opinion or Order Filing 182 NOTICE OF SERVICE of Subpoenas filed by Shure Acquisition Holdings, Inc., Shure Incorporated.(Joyce, Alexandra)
May 5, 2020 Opinion or Order Filing 181 NOTICE OF SERVICE of Objections and Responses to Shure Incorporated and Shure Acquisition Holdings, Inc.'s Second Set of Interrogatories (Nos. 13-17), filed by Clearone, Inc..(Flynn, Michael) Modified on 5/6/2020 (nms).
May 4, 2020 Opinion or Order Filing 180 Joint Motion and [Proposed] Order to Maintain Portions of D.I. 176 Under Seal - filed by Clearone, Inc.. (Attachments: #1 Exhibit 1)Motions referred to Christopher J. Burke.(Flynn, Michael) Modified on 5/5/2020 (nms).
May 4, 2020 Opinion or Order Filing 179 NOTICE OF SERVICE of (1) Defendant ClearOne, Inc.'s Fifth Set of Interrogatories (Nos. 14-21) Pursuant to Order Setting Hearing on Preliminary Injunction, (2) Defendant ClearOne, Inc.'s Third Set of Requests for Production to Shure Incorporated and Shure Acquisition Holdings, Inc. Pursuant to Order Setting Hearing on Preliminary Injunction and (3) Defendant ClearOne, Inc.'s First Set of Requests for Admission to Shure Incorporated and Shure Acquisition Holdings, Inc. Pursuant to Order Setting Hearing on Preliminary Injunction filed by Clearone, Inc..(Flynn, Michael)
May 4, 2020 Opinion or Order Filing 178 Official Transcript of Oral Argument Video Conference held on 4/28/20 before Judge Christopher J. Burke. Court Reporter Jennifer Guy,Email: jenniferguyrpr@gmail.com. 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 5/26/2020. Redacted Transcript Deadline set for 6/4/2020. Release of Transcript Restriction set for 8/3/2020. (Triozzi, Heather)
May 1, 2020 Opinion or Order Filing 177 NOTICE OF SERVICE of (1) Plaintiffs Shure Incorporated and Shure Acquisition Holdings, Inc.s Objections and Responses to Defendant ClearOne, Inc.s Fourth Set of Interrogatories (No. 13) and (2) Plaintiffs Shure Incorporated and Shure Acquisition Holdings, Inc.s Objections and Supplemental and Amended Responses to Defendant ClearOne, Inc.s Interrogatories (Nos. 2, 3, 7, 8, 12) filed by Shure Acquisition Holdings, Inc., Shure Incorporated.(Lemon, Brian)
May 1, 2020 Opinion or Order Filing 176 [SEALED] REPORT AND RECOMMENDATIONS regarding #153 MOTION for Limited Temporary Restraining Order MOTION for Temporary Restraining Order filed by Shure Acquisition Holdings, Inc., Shure Incorporated. 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 5/8/2020; responses due by 5/15/20.. Signed by Judge Christopher J. Burke on 5/1/2020.This order has been emailed to local counsel. (mlc)
May 1, 2020 Opinion or Order Filing 175 NOTICE OF SERVICE of Subpoena filed by Shure Acquisition Holdings, Inc., Shure Incorporated.(Joyce, Alexandra)
April 30, 2020 Opinion or Order Filing 174 STIPULATION TO EXTEND TIME for ClearOne to serve its discovery requests related to Shure's motion for a preliminary injunction; for Shure to provide its written responses to those requests; and for Shure to substantially complete its document production in response to those requests to May 4, 2020, May 15, 2020 and May 25, 2020, respectively - filed by Clearone, Inc.. (Flynn, Michael)
April 30, 2020 Opinion or Order SO ORDERED D.I. #174 STIPULATION TO EXTEND TIME for ClearOne to serve its discovery requests related to Shure's motion for a preliminary injunction; for Shure to provide its written responses to those requests; and for Shure to substantially complete its document pro filed by Clearone, Inc. Ordered by Judge Christopher J. Burke on 4/30/2020. (dlb)
April 28, 2020 Opinion or Order Pro Hac Vice Attorney Sydney N. English for Shure Acquisition Holdings, Inc.,and Shure Incorporated 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. (sam)
April 28, 2020 Opinion or Order SO ORDERED D.I. #173 MOTION for Pro Hac Vice Appearance of Attorney Sydney N. English filed by Shure Acquisition Holdings, Inc., Shure Incorporated. Ordered by Judge Christopher J. Burke on 4/28/2020. (dlb)
April 28, 2020 Opinion or Order Minute Entry for proceedings held before Judge Christopher J. Burke - Motion Hearing held on 4/28/2020 regarding D.I. #153 MOTION for Limited Temporary Restraining Order filed by Shure Acquisition Holdings, Inc., Shure Incorporated. The Court heard argument from the parties and took the matter under advisement. (Court Reporter Jennifer Guy (Wilcox & Fetzer). Clerk: M. Crawford) Appearances: B. Lemon, A. Joyce, Gerald Ivey, E. Ferrill, E. Cook, D. McCorquindale, L. MacDonald, S. English for Plaintiffs; M. Flynn, D. Dixon, C. Rayburn, K. Younkins, M. Coll, S. Mishra for Defendant. (mlc)
April 27, 2020 Opinion or Order Filing 173 MOTION for Pro Hac Vice Appearance of Attorney Sydney N. English - filed by Shure Acquisition Holdings, Inc., Shure Incorporated. Motions referred to Christopher J. Burke.(Lemon, Brian)
April 27, 2020 Opinion or Order Filing 172 REDACTED VERSION of #164 Reply Brief, by Shure Acquisition Holdings, Inc., Shure Incorporated. (Joyce, Alexandra)
April 27, 2020 Opinion or Order SO ORDERED D.I. #151 MOTION for Pro Hac Vice Appearance of Attorney Karen Younkins filed by Clearone, Inc. Ordered by Judge Christopher J. Burke on 4/27/2020. (dlb)
April 27, 2020 Opinion or Order SO ORDERED D.I. #157 MOTION for Pro Hac Vice Appearance of Attorney Luke H. MacDonald filed by Shure Acquisition Holdings, Inc., Shure Incorporated. Ordered by Judge Christopher J. Burke on 4/27/2020. (dlb)
April 24, 2020 Opinion or Order Filing 171 REDACTED VERSION of #163 Answering Brief in Opposition, by Clearone, Inc.. (Attachments: #1 Exhibits A-N)(Flynn, Michael)
April 24, 2020 Opinion or Order Filing 170 REDACTED VERSION of #154 Opening Brief in Support, by Shure Acquisition Holdings, Inc., Shure Incorporated. (Attachments: #1 Exhibit F, #2 Exhibit G-O)(Joyce, Alexandra)
April 24, 2020 Opinion or Order CORRECTING ENTRY: PDF at D.I. #77 exhibits A-G has been replaced at the request of the filer. (dlb)
April 24, 2020 Opinion or Order CORRECTING ENTRY: The redaction notice filed on 4/24/2020, has been removed from the docket as it was entered in error. (nms)
April 22, 2020 Opinion or Order Filing 169 SUR-REPLY BRIEF re #153 MOTION for Preliminary Injunction and Limited Temporary Restraining Order MOTION for Temporary Restraining Order filed by Clearone, Inc.. (Flynn, Michael)
April 22, 2020 Opinion or Order Filing 168 Letter to The Honorable Christopher J. Burke, from Michael Flynn, regarding submission of technology tutorial. (Attachments: #1 Technology Tutorial)(Flynn, Michael) Modified on 4/23/2020 (nms).
April 22, 2020 Opinion or Order Filing 167 NOTICE OF SERVICE of Plaintiffs' Technology Tutorial and Plaintiffs' Claim Construction Opening Brief filed by Shure Acquisition Holdings, Inc., Shure Incorporated.(Lemon, Brian)
April 22, 2020 Opinion or Order Filing 166 Letter to The Honorable Christopher J. Burke from Brian Lemon, Esq. regarding Technology Tutorial Submitted by FTP Link. (Lemon, Brian)
April 22, 2020 Opinion or Order SO ORDERED D.I. #165 STIPULATION to Extend Time to submit a public version of Opening Brief in Support of Motion for Preliminary Injunction & Limited Temporary Restraining Order to Friday, April 24, 2020, filed by Shure Acquisition Holdings, Inc., Shure Incorporated. Ordered by Judge Christopher J. Burke on 4/22/2020. (dlb)
April 21, 2020 Opinion or Order Filing 165 STIPULATION to Extend Time to submit a public version of Opening Brief in Support of Motion for Preliminary Injunction & Limited Temporary Restraining Order to Friday, April 24, 2020 - filed by Shure Acquisition Holdings, Inc., Shure Incorporated. (Joyce, Alexandra) Modified on 4/22/2020 (nms).
April 20, 2020 Opinion or Order Filing 164 [SEALED] REPLY BRIEF re #153 MOTION for Preliminary Injunction and Limited Temporary Restraining Order MOTION for Temporary Restraining Order filed by Shure Acquisition Holdings, Inc., Shure Incorporated. (Attachments: #1 Exhibit P-Q, #2 Certificate of Service)(Lemon, Brian)
April 20, 2020 Opinion or Order CORRECTING ENTRY: PDF at D.I. 163 replaced at request of filer. (dlb)
April 17, 2020 Opinion or Order Filing 163 [SEALED] ANSWERING BRIEF in Opposition re #153 MOTION for Preliminary Injunction and Limited Temporary Restraining Order MOTION for Temporary Restraining Order - filed by Clearone, Inc..Reply Brief due date per Local Rules is 4/24/2020. (Attachments: #1 Exhibits A-N)(Flynn, Michael) (Main Document 163 replaced on 4/20/2020) (dlb).
April 17, 2020 Opinion or Order Filing 162 ORAL ORDER: Pursuant to a joint request by the parties, the hearing on the Motion for TRO will be moved to April 28, 2020 at 1:00 p.m. EST. Ordered by Judge Christopher J. Burke on 4/17/2020. (dlb)
April 16, 2020 Opinion or Order Filing 161 ORDER Setting Hearing on Motion D.I. #153 : The Court, having reviewed the parties' April 16, 2020 letter, (D.I. 159), hereby ORDERS as follows with respect to the briefing and hearing schedule for Plaintiffs' Motion for a Preliminary Injunction ("Motion for PI"), (D.I. 153): (1) Defendant's proposal for briefing and discovery relating to the Motion for PI, (D.I. 159 at 3), is hereby ADOPTED. (2) A Hearing on the Motion for PI is set for 9/2/2020 at 10:00 AM in Courtroom 2A before Judge Christopher J. Burke. Ordered by Judge Christopher J. Burke on 4/16/2020. (mlc)
April 16, 2020 Opinion or Order Filing 160 ORDER Setting Hearing on Motion D.I. #153 : The Court, having reviewed the parties' April 16, 2020 letter, (D.I. 159), hereby ORDERS as follows with respect to the briefing and hearing schedule for Plaintiffs' Motion for a Limited Temporary Restraining Order ("Motion for TRO"), (D.I. 153): (1) Defendant's opposition brief of no more than 25 double-spaced pages shall be due by April 17, 2020.; (2) Plaintiffs' reply brief of no more than 10 double-spaced pages shall be due by April 20, 2020.; (3) Defendant's sur-reply brief of no more than 5 double-spaced pages shall be due by April 22, 2020.; (4) The parties are permitted to file TRO-related papers until midnight EST on each of the respective deadlines.; (5) A videoconference Motion Hearing is set for 4/27/2020 at 10:00 AM before Judge Christopher J. Burke regarding the Motion for TRO. The Court will work with the parties to arrange videoconferencing for the hearing.; and (6) The Court will issue a separate order with respect to the briefing and hearing schedule for Plaintiffs' Motion for a Preliminary Injunction. Ordered by Judge Christopher J. Burke on 4/16/2020. (mlc)
April 16, 2020 Opinion or Order Filing 159 Letter to The Honorable Christopher J. Burke, from Brian R. Lemon, Esq., regarding briefing/hearing schedule (D.I. 158 ). (Lemon, Brian) Modified on 4/17/2020 (nms).
April 15, 2020 Opinion or Order Filing 158 ORAL ORDER: The Court, having received Plaintiffs' Motion for a Preliminary Injunction and Limited Temporary Restraining Order, (D.I. #153 ), hereby ORDERS that by no later than 2:00 pm EST on April 16, 2020, the parties shall meet and confer regarding a briefing and hearing schedule for the Motion and submit a stipulation setting out such a schedule. To the extent that the parties believe that the Court should decide the issue relating to the request for a temporary restraining order first (before deciding the issue relating to the request for a preliminary injunction), the parties may propose a separate briefing and hearing schedule for each issue. If the parties cannot reach agreement, they shall submit a status report of no more than 3 single-spaced pages setting out their respective positions. Ordered by Judge Christopher J. Burke on 4/15/2020. (mlc)
April 15, 2020 Opinion or Order Filing 157 MOTION for Pro Hac Vice Appearance of Attorney Luke H. MacDonald - filed by Shure Acquisition Holdings, Inc., Shure Incorporated. (Attachments: #1 Certification for Luke H. MacDonald)Motions referred to Christopher J. Burke.(Joyce, Alexandra)
April 15, 2020 Opinion or Order Filing 156 NOTICE OF SERVICE of Subpoena filed by Shure Acquisition Holdings, Inc., Shure Incorporated.(Joyce, Alexandra)
April 15, 2020 Opinion or Order Filing 155 MEMORANDUM ORDER denying D.I. #29 Motion to Transfer Case. Signed by Judge Christopher J. Burke on 4/15/2020. (dlb)
April 14, 2020 Opinion or Order Filing 154 [SEALED] OPENING BRIEF in Support re #153 MOTION for Preliminary Injunction and Limited Temporary Restraining Order, filed by Shure Acquisition Holdings, Inc., Shure Incorporated.Answering Brief/Response due date per Local Rules is 4/28/2020. (Attachments: #1 Exhibits A-E, #2 Exhibit F, #3 Exhibits G-O, #4 Certificate of Service)(Lemon, Brian) Modified on 4/15/2020 (nms).
April 14, 2020 Opinion or Order Filing 153 MOTION for Preliminary Injunction and Limited Temporary Restraining Order - filed by Shure Acquisition Holdings, Inc., Shure Incorporated. (Attachments: #1 Proposed Order, #2 Proposed Order Granting, #3 7.1.1 Certification)Motions referred to Christopher J. Burke.(Lemon, Brian) Modified on 4/15/2020 (nms).
April 9, 2020 Opinion or Order SO ORDERED D.I. #152 MOTION for Pro Hac Vice Appearance of Attorney J. Derek McCorquindale filed by Shure Acquisition Holdings, Inc., Shure Incorporated. Ordered by Judge Christopher J. Burke on 4/9/2020. (dlb)
April 8, 2020 Opinion or Order Filing 152 MOTION for Pro Hac Vice Appearance of Attorney J. Derek McCorquindale - filed by Shure Acquisition Holdings, Inc., Shure Incorporated. (Attachments: #1 Certification for J. Derek McCorquindale)Motions referred to Christopher J. Burke.(Lemon, Brian)
April 8, 2020 Opinion or Order Filing 151 MOTION for Pro Hac Vice Appearance of Attorney Karen Younkins - filed by Clearone, Inc.. Motions referred to Christopher J. Burke.(Flynn, Michael)
April 6, 2020 Opinion or Order Filing 150 Joint Claim Construction Chart, by Shure Acquisition Holdings, Inc., Shure Incorporated. (Attachments: #1 Exhibits A-C part 1, #2 Exhibits A-C part 2)(Lemon, Brian) Modified on 4/7/2020 (nms).
April 1, 2020 Opinion or Order Filing 149 NOTICE OF SERVICE of Defendant ClearOne, Inc.'s Initial Invalidity Contentions and Production of Documents filed by Clearone, Inc..(Flynn, Michael)
April 1, 2020 Opinion or Order Filing 148 NOTICE of Subpoenas upon HWPco, Inc. and Highway Marketing, Inc., by Clearone, Inc.. (Flynn, Michael) Modified on 4/2/2020 (nms).
April 1, 2020 Opinion or Order Filing 147 NOTICE OF SERVICE of (1) Defendant ClearOne, Inc.'s Fourth Set of Interrogatories to Plaintiffs (No. 13) and (2) ClearOne, Inc.'s Second Supplemental Objections and Responses to Shure Incorporated and Shure Acquisition Holdings, Inc.'s First Set of Interrogatories (No. 3) filed by Clearone, Inc..(Flynn, Michael)
April 1, 2020 Opinion or Order Filing 146 NOTICE OF SERVICE of Plaintiffs Shure Incorporated and Shure Acquisition Holdings, Inc.s Second Set of Interrogatories to Defendant ClearOne, Inc. (Nos. 13-17) filed by Shure Acquisition Holdings, Inc., Shure Incorporated.(Lemon, Brian)
March 27, 2020 Opinion or Order Filing 145 NOTICE of of Service of Subpoenas to Third-Parties by Shure Acquisition Holdings, Inc., Shure Incorporated (Lemon, Brian)
March 27, 2020 Opinion or Order Filing 144 NOTICE OF SERVICE of (1) Plaintiffs Shure Incorporated and Shure Acquisition Holdings, Inc.s Objections and Supplemental Reponses to Defendant ClearOne, Inc.s Interrogatories (Nos. 3 & 5), and (2) Plaintiffs Shure Incorporated and Shure Acquisition Holdings, Inc.s Claim Construction Issue Identification filed by Shure Acquisition Holdings, Inc., Shure Incorporated.(Lemon, Brian)
March 27, 2020 Opinion or Order Filing 143 NOTICE of Withdrawal of Counsel Jeffrey J. Lyons, by Clearone, Inc.. (Lyons, Jeffrey) Modified on 3/27/2020 (nms).
March 23, 2020 Opinion or Order Filing 142 NOTICE OF SERVICE of Plaintiffs Shure Incorporated and Shure Acquisition Holdings, Inc.s Objections and Reponses to Defendant ClearOne, Inc.s Third Set of Interrogatories (Nos. 10-12) filed by Shure Acquisition Holdings, Inc., Shure Incorporated.(Lemon, Brian)
March 19, 2020 Opinion or Order Filing 141 NOTICE OF SERVICE of (1) Plaintiffs Shure Incorporated and Shure Acquisition Holdings, Inc.s Objections and Reponses to Defendant ClearOne, Inc.s Second Set of Requests for Production (Nos. 50-70), and (2) Plaintiffs Shure Incorporated and Shure Acquisition Holdings, Inc.s Objections and Reponses to Defendant ClearOne, Inc.s Second Set of Interrogatories (Nos. 7-9) filed by Shure Acquisition Holdings, Inc., Shure Incorporated.(Lemon, Brian)
March 12, 2020 Opinion or Order Filing 140 ORAL ORDER: The Court, having reviewed the parties' discovery dispute motion relating to Plaintiffs Shure Inc. and Shure Acquisition Holdings, Inc.'s ("Shure") request that Defendant ClearOne, Inc. ("ClearOne") be compelled to provide a full response to Interrogatory No. 3 as written (the "Motion"), (D.I. 126), and the parties' letter briefs relating thereto, (D.I. 129; D.I. 134), and having heard argument on March 11, 2020, HEREBY GRANTS-IN-PART Shure's Motion as follows: (1) On the one hand, Interrogatory No. 3 as written does seem overly broad in requesting information regarding every single communication between ClearOne "employees, agents, representatives, or others" acting on ClearOne's behalf "regarding the litigations [referenced in the Second Amended Complaint,]" (D.I. 129, ex. A at 11), when Shure's claims concern ClearOne's "misrepresentations to customers and prospective customers about the litigations between the parties[,]" (D.I. 129 at 1). Requiring ClearOne to respond to the Interrogatory as written would surely impose a real burden on ClearOne, (see D.I. 134 at 2-3 & ex. A), though the Court wishes it had more details from ClearOne with respect to the full extent of that burden (and had ClearOne provided more details on the subject, the outcome of this Motion might have been different).; (2) On the other hand, a more fulsome response to Interrogatory No. 3 would also likely produce relevant information, and "ClearOne (not Shure) is uniquely in possession of this information." (D.I. 129 at 3); (3) The Court is mindful that the gravamen of Shure's allegations relating to Interrogatory No. 3 is that "[s]ince at least March 2019" ClearOnes employees "attempted to mislead Shure's customers as to the availability, legitimacy, and viability of Shure's MXA910 product based on the ongoing litigation between the parties." (D.I. 64 at 20); (4) In light of the competing concerns here, the Court believes a fair balance would require ClearOne to provide a response that is limited to (a) communications regarding the impact or effect of the litigations referenced in the Second Amended Complaint on the "availability, legitimacy, and viability" of Shure's MXA910 product that were (b) made on or after March 1, 2019; (5) Accordingly, by no later than April 1, 2020, absent further order of the Court, ClearOne shall provide such a supplemental response to Interrogatory No. 3. Ordered by Judge Christopher J. Burke on 3/12/2020. (dlb)
March 11, 2020 Opinion or Order Minute Entry for proceedings held before Judge Christopher J. Burke - Discovery dispute teleconference held on 3/11/2020. The Court heard argument regarding the parties' discovery dispute motion, (D.I. 126). The Court took the motion under advisement and will issue an order shortly. (Court Reporter Jennifer Guy (Wilcox & Fetzer). Clerk: M. Crawford)Appearances: B. Lemon, E. Cook for Plaintiffs; M. Flynn, D. Dixon, M. Coll for Defendant. (mlc)
March 9, 2020 Opinion or Order Filing 139 NOTICE OF SERVICE of ClearOne, Inc.'s First Supplemental Disclosure Pursuant to Paragrah 3 of the Delaware Default Standard for Discovery filed by Clearone, Inc..(Lyons, Jeffrey)
March 6, 2020 Opinion or Order Filing 138 ORAL ORDER: The Court, having considered Defendant's Notice Regarding Intent to Have Newer Attorney Argue Discovery Dispute, (D.I. 136), and pursuant to the Court's Standing Order Regarding Courtroom Opportunities for Newer Attorneys, HEREBY ORDERS that it will ensure that the parties have at least 60 minutes of argument collectively if needed for the discovery dispute teleconference scheduled for March 11, 2020. Ordered by Judge Christopher J. Burke on 3/6/2020. (dlb)
March 6, 2020 Opinion or Order Filing 137 REDACTED VERSION of #129 Letter by Shure Acquisition Holdings, Inc., Shure Incorporated. (Lemon, Brian)
March 6, 2020 Opinion or Order Filing 136 NOTICE of Intent to Have Newer Attorney Argue Discovery Dispute by Clearone, Inc. (Lyons, Jeffrey)
March 5, 2020 Opinion or Order Filing 135 REDACTED VERSION of #131 Notice of Subpoenas, by Clearone, Inc.. (Flynn, Michael) Modified on 3/6/2020 (nms).
March 4, 2020 Opinion or Order Filing 134 Letter to The Honorable Christopher J. Burke from Michael J. Flynn regarding Discovery Dispute - re #129 Letter. (Attachments: #1 Exhibit A)(Flynn, Michael)
March 3, 2020 Opinion or Order Filing 133 NOTICE OF SERVICE of Subpoenas filed by Shure Acquisition Holdings, Inc., Shure Incorporated.(Lemon, Brian)
March 2, 2020 Opinion or Order Filing 132 NOTICE OF SERVICE of Plaintiffs Initial Infringement Contentions filed by Shure Acquisition Holdings, Inc., Shure Incorporated.(Lemon, Brian)
February 28, 2020 Opinion or Order Filing 131 [SEALED] NOTICE of Subpoenas (SKC Communications) by Clearone, Inc. (Flynn, Michael)
February 28, 2020 Opinion or Order Filing 130 NOTICE OF SERVICE of ClearOne, Inc.'s Objections and Responses to Shure Incorporated and Shure Acquisition Holdings, Inc.'s Second Set of Requests for Production (No. 30) filed by Clearone, Inc..(Lyons, Jeffrey)
February 27, 2020 Opinion or Order Filing 129 [SEALED] Letter to The Honorable Christopher J. Burke from Brian R. Lemon, Esq. regarding Opening Discovery Dispute. (Attachments: #1 Exhibit A-D, #2 Text of Proposed Order, #3 Certificate of Service)(Lemon, Brian)
February 24, 2020 Opinion or Order Filing 128 NOTICE OF SERVICE of Plaintiffs Shure Incorporated and Shure Acquisition Holdings, Inc.s Disclosures Pursuant to Paragraph 3 of the Delaware Default Standard for Discovery filed by Shure Acquisition Holdings, Inc., Shure Incorporated.(Lemon, Brian)
February 24, 2020 Opinion or Order Filing 127 NOTICE OF SERVICE of Defendant ClearOne, Inc.'s Paragraph 3 Disclosures filed by Clearone, Inc..(Lyons, Jeffrey)
February 24, 2020 Opinion or Order Filing 126 Joint MOTION for a Teleconference to Resolve Discovery Dispute - filed by Shure Acquisition Holdings, Inc., Shure Incorporated. Motions referred to Christopher J. Burke.(Joyce, Alexandra)
February 24, 2020 Opinion or Order Filing 125 ORAL ORDER Setting Teleconference: The Court has reviewed the parties' February 20, 2020 letter requesting a discovery dispute teleconference regarding 1 discovery dispute. (D.I. 124) It hereby ORDERS that the procedures for resolving a discovery dispute set out in the Scheduling Order, (D.I. 62), 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 March 11, 2020 at 2:00 PM before Judge Christopher J. Burke. (3) On February 27, 2020, any party seeking relief shall file with the Court a letter, not to exceed three (3) pages, in no less than 12-point font, outlining the issues in dispute and its position on those issues. On March 4, 2020, any party opposing the application for relief may file a letter, not to exceed three (3) pages, in no less than 12-point font, outlining that party(s) reasons for its opposition.; (4) Two courtesy copies of the letters are to be hand-delivered to the Clerk's Office within one hour of e-filing.; (5) The Court may choose to resolve the dispute prior to the telephone conference and will, in that event, cancel the conference. Ordered by Judge Christopher J. Burke on 2/24/2020. (dlb)
February 20, 2020 Opinion or Order Filing 124 Letter to The Honorable Christopher J. Burke from Brian R. Lemon, Esq. regarding scheduling of a discovery teleconference. (Lemon, Brian)
February 20, 2020 Opinion or Order Filing 123 NOTICE OF SERVICE of Defendant ClearOne, Inc.'s Third Set of Interrogatories to Plaintiffs (Nos. 10-12) filed by Clearone, Inc..(Lyons, Jeffrey)
February 20, 2020 Opinion or Order Pro Hac Vice Attorney David N. Lefcowitz for Shure Acquisition Holdings, Inc. and for Shure Incorporated 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. (sam)
February 19, 2020 Opinion or Order SO ORDERED D.I. #120 MOTION for Pro Hac Vice Appearance of Attorney David N. Lefcowitz filed by Shure Acquisition Holdings, Inc., Shure Incorporated. Ordered by Judge Christopher J. Burke on 2/19/2020. (dlb)
February 18, 2020 Opinion or Order Filing 122 NOTICE OF SERVICE of (1) ClearOne, Inc.'s Supplemental Objections and Responses to Shure Incorporated and Shure Acquisition Holdings, Inc.'s First Set of Interrogatories (Nos. 1-12), (2) Defendant ClearOne, Inc.'s Second Set of Interrogatories to Plaintiffs (Nos. 7-9) and (3) Defendant ClearOne, Inc.'s Second Set of Requests for Production to Shure Incorporated and Shure Acquisition Holdings, Inc. filed by Clearone, Inc..(Lyons, Jeffrey)
February 14, 2020 Opinion or Order Filing 121 NOTICE OF SERVICE of Plaintiffs Disclosures Pursuant to Section 3(a) of the Courts Default Standard for Discovery, Including Discovery of Electronically Stored Information filed by Shure Acquisition Holdings, Inc., Shure Incorporated.(Lemon, Brian)
February 10, 2020 Opinion or Order Filing 120 MOTION for Pro Hac Vice Appearance of Attorney David N. Lefcowitz - filed by Shure Acquisition Holdings, Inc., Shure Incorporated. (Attachments: #1 Certification for David N. Lefcowitz)Motions referred to Christopher J. Burke.(Lemon, Brian)
February 7, 2020 Opinion or Order Filing 119 REDACTED VERSION of #109 Notice of Subpoenas on Whitlock, by Clearone, Inc.. (Lyons, Jeffrey) Modified on 2/10/2020 (nms).
February 7, 2020 Opinion or Order Filing 118 REDACTED VERSION of #108 Notice of Subpoenas on Washington Professional Systems, by Clearone, Inc.. (Lyons, Jeffrey) Modified on 2/10/2020 (nms).
February 7, 2020 Opinion or Order Filing 117 REDACTED VERSION of #107 Notice of Subpoenas on Vistacom, Inc., by Clearone, Inc.. (Lyons, Jeffrey) Modified on 2/10/2020 (nms).
February 7, 2020 Opinion or Order Filing 116 REDACTED VERSION of #106 Notice of Subpoenas on Unified Technology Systems, Inc., by Clearone, Inc.. (Lyons, Jeffrey) Modified on 2/10/2020 (nms).
February 7, 2020 Opinion or Order Filing 115 REDACTED VERSION of #105 Notice of Subpoenas on Strategic Connections, by Clearone, Inc.. (Lyons, Jeffrey) Modified on 2/10/2020 (nms).
February 7, 2020 Opinion or Order Filing 114 REDACTED VERSION of #104 Notice of Subpoenas on SKC Communications, by Clearone, Inc.. (Lyons, Jeffrey) Modified on 2/10/2020 (nms).
February 7, 2020 Opinion or Order Filing 113 REDACTED VERSION of #103 Notice of Subpoenas on McDonald's Corporation, by Clearone, Inc.. (Lyons, Jeffrey) Modified on 2/10/2020 (nms).
February 7, 2020 Opinion or Order Filing 112 REDACTED VERSION of #102 Notice of Subpoenas on iVideo Technologies, by Clearone, Inc.. (Lyons, Jeffrey) Modified on 2/10/2020 (nms).
February 7, 2020 Opinion or Order Filing 111 REDACTED VERSION of #101 Notice of Subpoenas on Fisk Electric Co., by Clearone, Inc.. (Lyons, Jeffrey) Modified on 2/10/2020 (nms).
February 7, 2020 Opinion or Order Filing 110 REDACTED VERSION of #100 Notice of Subpoenas on Avex, LLC, by Clearone, Inc.. (Lyons, Jeffrey) Modified on 2/10/2020 (nms).
February 7, 2020 Opinion or Order SO ORDERED D.I. #98 MOTION for Pro Hac Vice Appearance of Attorney Maxwell Coll filed by Clearone, Inc. Ordered by Judge Christopher J. Burke on 2/7/2020. (dlb)
February 6, 2020 Opinion or Order Filing 109 [SEALED] NOTICE of Subpoenas on Whitlock, by Clearone, Inc. (Flynn, Michael) Modified on 2/7/2020 (nms).
February 6, 2020 Opinion or Order Filing 108 [SEALED] NOTICE of Subpoenas on Washington Professional Systems, by Clearone, Inc. (Flynn, Michael) Modified on 2/7/2020 (nms).
February 6, 2020 Opinion or Order Filing 107 [SEALED] NOTICE of Subpoenas on Vistacom, Inc., by Clearone, Inc. (Flynn, Michael) Modified on 2/7/2020 (nms).
February 6, 2020 Opinion or Order Filing 106 [SEALED] NOTICE of Subpoenas on Unified Technology Systems, Inc., by Clearone, Inc. (Flynn, Michael) Modified on 2/7/2020 (nms).
February 6, 2020 Opinion or Order Filing 105 [SEALED] NOTICE of Subpoenas on Strategic Connections, by Clearone, Inc. (Flynn, Michael) Modified on 2/7/2020 (nms).
February 6, 2020 Opinion or Order Filing 104 [SEALED] NOTICE of Subpoenas on SKC Communications, by Clearone, Inc. (Flynn, Michael) Modified on 2/7/2020 (nms).
February 6, 2020 Opinion or Order Filing 103 [SEALED] NOTICE of Subpoenas on McDonald's Corporation, by Clearone, Inc. (Flynn, Michael) Modified on 2/7/2020 (nms).
February 6, 2020 Opinion or Order Filing 102 [SEALED] NOTICE of Subpoenas on iVideo Technologies, by Clearone, Inc. (Flynn, Michael) Modified on 2/7/2020 (nms).
February 6, 2020 Opinion or Order Filing 101 [SEALED] NOTICE of Subpoenas on Fisk Electric Co., by Clearone, Inc.. (Flynn, Michael) Modified on 2/7/2020 (nms).
February 6, 2020 Opinion or Order Filing 100 [SEALED] NOTICE of Subpoenas on Avex, LLC, by Clearone, Inc. (Flynn, Michael) Modified on 2/7/2020 (nms).
January 31, 2020 Opinion or Order Filing 99 NOTICE OF SERVICE of ClearOne, Inc.'s Disclosure of Core Technical Documents and Sales Figures filed by Clearone, Inc..(Lyons, Jeffrey)
January 30, 2020 Opinion or Order Filing 98 MOTION for Pro Hac Vice Appearance of Attorney Maxwell Coll - filed by Clearone, Inc.. Motions referred to Christopher J. Burke.(Flynn, Michael)
January 29, 2020 Opinion or Order Filing 97 NOTICE OF SERVICE of (1) Plaintiffs Shure Incorporated and Shure Acquisition Holdings, Inc.s Second Set of Requests for Production of Documents to Defendant ClearOne, Inc. (No. 30) and (2) Plaintiffs Shure Incorporated and Shure Acquisition Holdings, Inc.s Objections and Responses to Defendant ClearOne, Inc.s First Set of Requests for Production (Nos. 1-49) filed by Shure Acquisition Holdings, Inc., Shure Incorporated.(Lemon, Brian)
January 28, 2020 Opinion or Order Filing 96 ORAL ORDER: This matter has been referred to Chief Magistrate Judge Mary Pat Thynge for ADR. Counsel are to advise on or before Thursday, February 13, 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. (cak)
January 15, 2020 Opinion or Order Filing 95 AMENDED REDACTED VERSION of #42 Answering Brief in Opposition, by Shure Acquisition Holdings, Inc., Shure Incorporated. (Joyce, Alexandra) Modified on 1/15/2020 (nms).
January 14, 2020 Opinion or Order Filing 94 ORAL ORDER: In light of the Court's decision today granting Defendant's discovery dispute motion, (D.I. 93), the Court hereby ORDERS that by no later than January 15, 2020, Plaintiffs shall file an Amended Redacted version of their answering brief in opposition to the motion to transfer: (1) in which Exhibit G is unredacted in its entirety; and (2) that is linked on the docket to the sealed version of this brief, (D.I. 42).. Ordered by Judge Christopher J. Burke on 1/14/2020. (dlb)
January 14, 2020 Opinion or Order Filing 93 ORAL ORDER: The Court, having reviewed the parties' discovery dispute motion relating to Defendant ClearOne, Inc.'s ("ClearOne") request that Exhibit G of Plaintiffs Shure Inc. and Shure Acquisition Holdings, Inc.'s ("Shure") answering brief in opposition to ClearOne's motion to transfer, (D.I. 42, ex. G), be unsealed in its entirety (the "Motion"), (D.I. 78), and the parties' letter briefs relating thereto, (D.I. 79; D.I. 82), and having heard argument on January 13, 2020, HEREBY GRANTS ClearOne's Motion for the following reasons: (1) The United States Court of Appeals for the Third Circuit has explained that there is a "presumptive right of public access to pretrial motions of a nondiscovery nature, whether preliminary or dispositive, and the material filed in connection therewith." In re Avandia Mktg., Sales Practice & Prods. Liability Litig., 924 F.3d 662, 672 (3d Cir. 2019) (internal quotation marks and citation omitted). The parties agree that in order to overcome this presumption and prevail on ClearOne's motion, Shure would be required to demonstrate that "the material [currently redacted Exhibit G] is the kind of information that courts will protect and that disclosure will work a clearly defined and serious injury to" Shure. Id. (internal quotation marks and citation omitted).; (2) By maintaining this information (which amounts to the specific names of Shure customers to which ClearOne allegedly made misrepresentations about Shure) under seal, Shure wants ClearOne to be prohibited, when subpoenaing these customers, from revealing to them "that Shure has identified them as targets of marketplace misinformation by ClearOne." (D.I. 82 at 3) Yet nowhere in Shure's letter brief does Shure identify with any specificity how it would be subject to a "clearly defined and serious" injury if the third party customers at issue are told that Shure identified them as having been on the receiving end of these misrepresentations. (See id. at 1-3) And in fact, if Shure"s allegations are correct, then: (a) these third party customers already know that they received the communications at issue from ClearOne; and (b) because they will be subpoenaed in a case brought by Shure and questioned about these communications, it is very likely that they will figure out for themselves that Shure identified them in connection with this case.; (3) More broadly, the fact that certain customers allegedly received misrepresentations from ClearOne constitutes the very heart of the allegations in Counts Two through Five of Shure's Second Amended Complaint. (D.I. 64 at 42-70) Thus, it strains credulity to think that this information could remain a secret in this case, which has been filed in a public forum. See Mosaid Techs. Inc. v. LSI Corp., 878 F. Supp. 2d 503, 512 (D. Del. 2012) ("The parties have sought relief in a public forum, and yet their proposed redactions would obscure any discussion of the actual nature of the parties' dispute. There are other forums-such as arbitration-available if parties wish to protect all of this type of information from public view.").; and (4) Lastly (and relatedly), the Court can also understand how maintaining such information under seal might hamstring ClearOne's ability to fairly defend itself against Shure's claims. (D.I. 79 at 3). Ordered by Judge Christopher J. Burke on 1/14/2020. (dlb)
January 13, 2020 Opinion or Order Minute Entry for proceedings held before Judge Christopher J. Burke - Discovery dispute teleconference held on 1/13/2020. The Court heard argument regarding the parties' discovery dispute motion, (D.I. 78). The Court took the motion under advisement and will issue an order shortly. (Court Reporter Stacey Ingram (Hawkins). Clerk: M. Crawford) Appearances: B. Lemon, E. Cook, A. Boyer for Plaintiffs; J. Lyons, M. Flynn, D. Dixon, S. Mishra for Defendant. (mlc)
January 7, 2020 Opinion or Order Filing 92 PROTECTIVE ORDER. Signed by Judge Christopher J. Burke on 1/7/2020. (dlb)
January 6, 2020 Opinion or Order Filing 91 PROPOSED Protective Order, by Shure Acquisition Holdings, Inc., Shure Incorporated. (Joyce, Alexandra) Modified on 1/6/2020 (nms).
January 3, 2020 Opinion or Order Filing 90 NOTICE OF SERVICE of (1) ClearOne, Inc.'s Objections and Responses to Shure Incorporated and Shure Acquisition Holdings, Inc.'s First Set of Interrogatories (Nos. 1-12) and (2) ClearOne, Inc.'s Objections and Responses to Shure Incorporated and Shure Acquisition Holdings, Inc.'s First Set of Requests for Production (Nos. 1-29) filed by Clearone, Inc..(Lyons, Jeffrey)
January 3, 2020 Opinion or Order Filing 89 REDACTED VERSION of #79 Letter by Clearone, Inc.. (Attachments: #1 Exhibits A-C)(Lyons, Jeffrey)
January 2, 2020 Opinion or Order REDACTION NOTICE: In accordance with section G of the Administrative Procedures Governing Filing and Service by Electronic Means, redacted versions of sealed documents shall be filed electronically within 7 days of the filing of the sealed document. The records of this case do not reflect the filing of a redacted version of DI #79 . (nms)
December 30, 2019 Opinion or Order Filing 88 NOTICE OF SERVICE of Defendant ClearOne, Inc.'s First Set of Requests for Production to Shure Incorporated and Shure Acquisition Holdings, Inc. filed by Clearone, Inc..(Lyons, Jeffrey)
December 30, 2019 Opinion or Order Filing 87 ORAL ORDER: The Court, having considered Defendant's Notice Regarding Intent to Have Newer Attorney Argue Discovery Dispute, (D.I. #85 ), and pursuant to the Court's Standing Order Regarding Courtroom Opportunities for Newer Attorneys, HEREBY ORDERS that it will ensure that the parties have at least 60 minutes of argument collectively for the discovery dispute teleconference scheduled for January 13, 2020. Ordered by Judge Christopher J. Burke on 12/30/2019. (mlc)
December 26, 2019 Opinion or Order Filing 86 REPLY BRIEF re #75 MOTION to Dismiss, filed by Clearone, Inc.. (Lyons, Jeffrey) Modified on 12/27/2019 (nms).
December 26, 2019 Opinion or Order Filing 85 NOTICE of Intent to Have Newer Attorney Argue Discovery Dispute, by Clearone, Inc..(Lyons, Jeffrey) Modified on 12/27/2019 (nms).
December 24, 2019 Opinion or Order Filing 84 NOTICE Of Service of Plaintiffs Shure Incorporated and Shure Acquisition Holdings, Inc.s Objections and Responses to Defendant Clearone, Inc.s First Set of Interrogatories (Nos. 1-6), filed by Shure Acquisition Holdings, Inc., Shure Incorporated.(Joyce, Alexandra) Modified on 12/27/2019 (nms).
December 23, 2019 Opinion or Order Filing 83 NOTICE OF SERVICE of Plaintiffs' Supplemental Initial Disclosures Identifying Defendant's Accused Products and Plaintiffs' Asserted Patents filed by Shure Acquisition Holdings, Inc., Shure Incorporated.(Lemon, Brian)
December 23, 2019 Opinion or Order Filing 82 Letter to The Honorable Christopher J. Burke from Brian R. Lemon, Esq. - re #79 Letter. (Attachments: #1 Exhibit A)(Lemon, Brian)
December 18, 2019 Opinion or Order Filing 81 Letter to The Honorable Christopher J. Burke, from Jeffrey J. Lyons, regarding update on developments in N.D. Illinois Action (see D.I. #29 ). (Attachments: #1 Exhibits A-B)(Lyons, Jeffrey) Modified on 12/18/2019 (nms).
December 17, 2019 Opinion or Order Filing 80 ANSWERING BRIEF in Opposition re #75 MOTION to Dismiss filed by Shure Acquisition Holdings, Inc., Shure Incorporated.Reply Brief due date per Local Rules is 12/26/2019. (Attachments: #1 Exhibits A-H)(Lemon, Brian)
December 16, 2019 Opinion or Order Filing 79 [SEALED] Letter to The Honorable Christopher J. Burke from Jeffrey J. Lyons regarding Discovery Dispute. (Attachments: #1 Exhibits A-C)(Lyons, Jeffrey)
December 13, 2019 Opinion or Order Filing 78 Joint MOTION for Teleconference - filed by Clearone, Inc.. Motions referred to Christopher J. Burke.(Lyons, Jeffrey)
December 10, 2019 Opinion or Order Filing 77 NOTICE of Defendant's Request for Judicial Notice by Clearone, Inc. re #76 Opening Brief in Support (Attachments: #1 Exhibits A-G)(Lyons, Jeffrey) (Attachment 1 replaced on 4/24/2020) (dlb).
December 10, 2019 Opinion or Order Filing 76 OPENING BRIEF in Support re #75 MOTION to Dismiss, filed by Clearone, Inc..Answering Brief/Response due date per Local Rules is 12/26/2019. (Attachments: #1 Exhibit 1)(Lyons, Jeffrey) Modified on 12/11/2019 (nms). (Main Document 76 replaced on 12/11/2019) (dlb).
December 10, 2019 Opinion or Order Filing 75 MOTION to Dismiss - filed by Clearone, Inc.. Motions referred to Christopher J. Burke.(Lyons, Jeffrey) Modified on 12/11/2019 (nms).
December 9, 2019 Opinion or Order Filing 74 STIPULATION TO EXTEND TIME for ClearOne to file any motion to dismiss related to U.S. Patent No. D865,723 to December 10, 2019 - filed by Clearone, Inc.. (Lyons, Jeffrey)
December 9, 2019 Opinion or Order Filing 73 AMENDED SCHEDULING ORDER: Joinder of Parties due by 2/24/2020. Amended Pleadings due by 2/24/2020. Discovery due by 11/23/2020. Status Report due by 9/17/2020. Dispositive Motions due by 4/16/2021. Answering Brief due 5/14/2021. Reply Brief due 6/2/2021. A Motion Hearing is set for 6/9/2021 at 11:00 AM in Courtroom 2A before Judge Christopher J. Burke Claim Construction Opening Brief due by 4/22/2020. Claim Construction Answering Brief due by 5/20/2020. Claim Construction Reply Brief due by 6/3/2020. Claim Construction Surreply Brief due by 6/17/2020. A Markman Hearing is set for 7/28/2020 at 11:00 AM in Courtroom 2A before Judge Christopher J. Burke. A Pretrial Conference is set for 10/15/2021 at 09:00 AM in Courtroom 6A before Judge Richard G. Andrews. A Jury Trial is set for 11/1/2021 at 09:30 AM in Courtroom 6A before Judge Richard G. Andrews. Signed by Judge Christopher J. Burke on 12/9/2019. (dlb)
December 9, 2019 Opinion or Order Filing 72 ORAL ORDER Setting Teleconference: The Court has reviewed the parties' December 6, 2019 letter requesting a discovery dispute teleconference regarding 1 discovery dispute. (D.I. 70) It hereby ORDERS that the procedures for resolving a discovery dispute set out in the Scheduling Order, (D.I. 62), 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 January 13, 2020 at 3:00 PM before Judge Christopher J. Burke. (3) On December 16, 2019, any party seeking relief shall file with the Court a letter, not to exceed three (3) pages, in no less than 12-point font, outlining the issues in dispute and its position on those issues. On December 23, 2019, any party opposing the application for relief may file a letter, not to exceed three (3) pages, in no less than 12-point font, outlining that party(s) reasons for its opposition.; (4) Two courtesy copies of the letters are to be hand-delivered to the Clerk's Office within one hour of e-filing.; (5) The Court may choose to resolve the dispute prior to the telephone conference and will, in that event, cancel the conference. Ordered by Judge Christopher J. Burke on 12/9/2019. (dlb)
December 9, 2019 Opinion or Order SO ORDERED D.I. #74 STIPULATION TO EXTEND TIME for ClearOne to file any motion to dismiss related to U.S. Patent No. D865,723 to December 10, 2019 filed by Clearone, Inc. Ordered by Judge Christopher J. Burke on 12/9/2019. (dlb)
December 6, 2019 Opinion or Order Filing 71 PROPOSED Amended Scheduling Order, by Shure Acquisition Holdings, Inc., Shure Incorporated. (Lemon, Brian) Modified on 12/9/2019 (nms).
December 6, 2019 Opinion or Order Filing 70 Letter to The Honorable Christopher J. Burke from Jeffrey J. Lyons regarding Request for a Discovery Teleconference. (Lyons, Jeffrey)
December 4, 2019 Opinion or Order Filing 69 NOTICE OF SERVICE of (1) Plaintiffs Shure Incorporated and Shure Acquisition Holdings, Inc.s First Set of Interrogatories to Defendant ClearOne, Inc. (Nos. 1-12); and (2) Plaintiffs Shure Incorporated and Shure Acquisition Holdings, Inc.s First Set of Requests for Production of Documents to Defendant ClearOne, Inc. (Nos. 1-29) filed by Shure Acquisition Holdings, Inc., Shure Incorporated.(Lemon, Brian)
December 2, 2019 Opinion or Order Filing 68 STIPULATION regarding Renewed Motion to Dismiss by Clearone, Inc.. (Lyons, Jeffrey)
December 2, 2019 Opinion or Order SO ORDERED D.I. #68 Stipulation regarding Renewed Motion to Dismiss filed by Clearone, Inc. Ordered by Judge Christopher J. Burke on 12/2/2019. (mlc)
November 25, 2019 Opinion or Order Filing 67 NOTICE OF SERVICE of Plaintiffs' Initial Disclosures filed by Shure Acquisition Holdings, Inc., Shure Incorporated.(Lemon, Brian)
November 25, 2019 Opinion or Order Filing 66 NOTICE OF SERVICE of (1) Defendant ClearOne, Inc.'s First Set of Interrogatories to Shure Incorporated (Nos. 1-6); and (2) Defendant ClearOne, Inc.'s Rule 26(a)(1) Initial Disclosures filed by Clearone, Inc..(Lyons, Jeffrey)
November 19, 2019 Opinion or Order Filing 65 Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) D865723 . (Kelly, Michael)
November 19, 2019 Opinion or Order Filing 64 Second AMENDED COMPLAINT against Clearone, Inc.- filed by Shure Incorporated, Shure Acquisition Holdings, Inc.. (Attachments: #1 Exhibit A-G)(Kelly, Michael)
November 19, 2019 Opinion or Order Filing 63 ORAL ORDER: The Court, having reviewed Plaintiffs' Motion to File an Amended Pleading ("Motion"), (D.I. 48), and the parties' briefing related thereto, (D.I. 49; D.I. 51; D.I. 52; D.I. 57; D.I. 60; D.I. 61), having heard argument on November 18, 2019, and having considered Federal Rule of Civil Procedure 15(d) and the factors related thereto, see, e.g., Cellectis S.A. v. Precision Bioscis., Inc., 881 F. Supp. 2d 609, 614 (D. Del. 2012), hereby ORDERS that the Motion is GRANTED for the following reasons: (1) Plaintiffs' Motion seeks leave to file a Second Amended Complaint ("SAC") alleging infringement of a design patent (the " '723 patent") that issued on November 5, 2019. Defendant first argues that Plaintiffs' SAC would be futile because the '723 patent had not yet issued at the time when the Motion was filed (and that the Court thus lacks subject matter jurisdiction over the proposed SAC's new claim relating to the '723 patent). (D.I. 51 at 3) But the '723 patent has thereafter issued as scheduled on November 5, 2019, (D.I. 57 at 1 & ex. 1), and the Courts grant of Plaintiffs' Motion will result in a SAC that is filed no earlier than today, (see D.I. 52 at 1). The Court will therefore have subject matter jurisdiction over the claims relating to the '723 patent. (2) Defendant next argues that Plaintiffs' Motion should be denied because it was filed prematurely for the improper purpose of impeding resolution of Defendant's motion to dismiss and motion to stay. (D.I. 51 at 4) But the Court has already ruled on Defendant's motion to stay (and on an additional stay motion filed by Defendant). And while it is true that the filing of the SAC might require new briefing with respect to Defendant' motion to dismiss, Defendant cites to no authority establishing that this indicates that Plaintiffs filed the Motion with an improper purpose. Indeed, as Plaintiffs point out, such a standard "would make supplementing claims practically impossible." (D.I. 52 at 2) (3) With respect to Defendant's third argument that Plaintiffs' SAC would not promote judicial efficiency, (D.I. 51 at 5), while the filing of the SAC will surely trigger additional motion practice, this is not a basis to deny the Motion. (4) As for Defendant's final argument that Plaintiffs' Motion is now futile in light of Defendant's assertedly "first-filed" declaratory judgment action regarding the '723 patent pending in the United States District Court for the Northern District of Illinois ("Northern District"), (D.I. 60), the Court disagrees. A judge will ultimately have to decide which of the cases was "first-filed," and by granting this Motion, the Court says nothing about which side has the better of that argument. The "first-filed" decision will be made (either in the Northern District or here) after an appropriate motion is filed and after briefing on that issue is completed.; (5) Plaintiffs are directed to file the SAC on the docket in the instant case either on today's date or at some point thereafter. Ordered by Judge Christopher J. Burke on 11/19/2019. (dlb)
November 18, 2019 Opinion or Order Minute Entry for proceedings held before Judge Christopher J. Burke - Motion Hearing held on 11/18/2019. The Court heard telephonic argument regarding D.I. #48 MOTION for Leave to File an Amended Pleading filed by Shure Acquisition Holdings, Inc., Shure Incorporated. The Court took the motion under advisement and will issue a decision shortly. (Court Reporter Heather Triozzi. Clerk: M. Crawford) Appearances: B. Lemon, A. Joyce, E. Cook, J. Schaffner, A. Boyer, E. Ferrill for Plaintiffs; M. Flynn, J. Lyons, D. Dixon, C. Rayburn for Defendant. (mlc)
November 15, 2019 Opinion or Order CASE REFERRED to Chief Magistrate Judge Mary Pat Thynge for Mediation. Please see Standing Order dated January 20, 2016, regarding disclosure of confidential ADR communications. A link to the standing order is provided here for your convenience at # https://www.ded.uscourts.gov/sites/ded/files/forms/StandingOrderforADR-Mediation.pdf (cak)
November 14, 2019 Opinion or Order Filing 62 SCHEDULING ORDER: Case referred to the Magistrate Judge for the purpose of exploring ADR. Joinder of Parties due by 2/24/2020. Amended Pleadings due by 2/24/2020. Discovery due by 11/23/2020. Status Report due by 7/17/2020. Dispositive Motions due by 4/16/2021. A Motion Hearing is set for 6/9/2021 at 11:00 AM in Courtroom 2A before Judge Christopher J. Burke A Pretrial Conference is set for 10/15/2021 at 09:00 AM in Courtroom 6A before Judge Richard G. Andrews. A Jury Trial is set for 11/1/2021 at 09:30 AM in Courtroom 6A before Judge Richard G. Andrews. Signed by Judge Christopher J. Burke on 11/14/2019. (dlb)
November 13, 2019 Opinion or Order Filing 61 Letter to The Honorable Christopher J. Burke, from Brian R. Lemon, Esq., regarding response to Letter (D.I. #60 ). (Lemon, Brian) Modified on 11/14/2019 (nms).
November 12, 2019 Opinion or Order Filing 60 ANSWERING LETTER BRIEF regarding D.I. #48 MOTION for Leave to File an Amended Pleading and related document D.I. #57 filed by Clearone, Inc. per unopposed Motion at D.I. 59. (dlb)
November 12, 2019 Opinion or Order SO ORDERED D.I. #59 Unopposed MOTION for Leave to File Supplemental Letter Brief filed by Clearone, Inc.. Ordered by Judge Christopher J. Burke on 11/12/2019. (dlb)
November 11, 2019 Opinion or Order Filing 59 Unopposed MOTION for Leave to File Supplemental Letter Brief - filed by Clearone, Inc.. (Attachments: #1 Exhibit 1)Motions referred to Christopher J. Burke.(Lyons, Jeffrey) Modified on 11/12/2019 (nms).
November 8, 2019 Opinion or Order Filing 58 Letter to The Honorable Christopher J. Burke, from Brian R. Lemon, Esq., regarding Proposed Scheduling Order. (Attachments: #1 Proposed Order Scheduling)(Lemon, Brian) Modified on 11/8/2019 (nms).
November 5, 2019 Opinion or Order Filing 57 NOTICE of Plaintiffs' Supplemental Authority in Relation to Plaintiffs' Motion to File Amended Pleadings by Shure Acquisition Holdings, Inc., Shure Incorporated re #49 Letter, #48 MOTION for Leave to File an Amended Pleading (Attachments: #1 Exhibits 1-3)(Lemon, Brian)
November 4, 2019 Opinion or Order Filing 56 ORAL ORDER Setting Hearing on Motion D.I. #48 MOTION to Amend the Complaint: The Court, having reviewed the parties' November 1, 2019 letter, (D.I. 55), hereby ORDERS that a teleconference to hear argument regarding Plaintiffs' Motion to Amend the Complaint is set for 11/18/2019 at 2:00 PM before Judge Christopher J. Burke.Ordered by Judge Christopher J. Burke on 11/4/2019. (mlc)
November 1, 2019 Opinion or Order Filing 55 Letter to The Honorable Christopher J. Burke from Brian R. Lemon, Esq. regarding Scheduling Teleconference. (Lemon, Brian)
November 1, 2019 Opinion or Order Filing 54 ORAL ORDER: The Court, having reviewed Defendant's Motion to Stay Discovery Pending Decision on Defendant's Motion to Dismiss ("Motion"), (D.I. 26), and the parties' briefing related thereto, (D.I. 27; D.I. 39; D.I. 44), having heard argument on October 28, 2019, and having considered the three stay-related factors, hereby ORDERS that the Motion is DENIED (as to Plaintiffs' non-patent claims) for the following reasons. (1) The "relationship between the parties" subfactor of the "undue prejudice" factor surely weighs against a stay (for the reasons the Court has said out in the immediately preceding Order) and is significant here. These parties are real, direct competitors in what appears to be a fairly narrow market, and so there is the worrisome prospect of continuing harm (if Plaintiffs non-patent claims are of merit) that may be difficult to later fully address via monetary damages. (D.I. 39 at 4; D.I. 44 at 4) And with respect to other of the undue prejudice subfactors, while Defendant argues that the stay would be "brief" and thus would not unduly prejudice Plaintiffs, the Court has a busy docket and it could take some significant number of months for Defendant"s Motion to be resolved. (D.I. 39 at 10-11); (2) With respect to the "status of the litigation" and "simplification" factors, although it is early in the case and thus that factor favors a stay, the simplification factor is neutral at best. While it is true that if the Court were to grant Defendant's Motion in its entirety, the case would be over, (D.I. 44 at 1), that Motion involves many different arguments about many different types of claims. Even if some arguments made via the Motion are successful, some may not be, and it is thus reasonable to infer that (purely as a statistical matter) there is a decent likelihood that at least a portion of the non-patent case will survive the Motion. See, e.g., Yodlee, Inc. v. Plaid Techs. Inc., Civil Action No. 14-1445-LPS-CJB, (D.I. 57 at 4-6) (D. Del. July 20, 2015).; (3) Thus, the "status of the litigation" factor weighs in favor of a stay, the "undue prejudice" factor weighs strongly against a stay, and the "simplification" factor is about neutral. With the movant not having shown that the equities tilt in its favor, the Court finds that Defendant's Motion should be denied. See, e.g., Toshiba Samsung Storage Tech. Korea Corp. v. LG Elecs., Inc., 193 F. Supp. 3d 345, 353 (D. Del. 2016).; (4) In light of this Order as well as the Courts prior Order granting Defendant's motion to stay Plaintiffs' patent infringement claim with respect to United States Patent No. 9,565,493 ("'493 patent") until the conclusion of the inter partes review of all claims of the '493 patent, the parties shall submit, by no later than November 8, 2019, a proposed Scheduling Order with respect to Plaintiffs' non-patent claims. The proposed Scheduling Order should be consistent with Judge Burke's form Rule 16 Scheduling Order for non-patent cases up through and including paragraph 12 (i.e., regarding the portions of the case schedule through the case dispositive motion stage of the case), and consistent with paragraphs 9-12 of Judge Andrews' Rule 16 Scheduling Order for Non-Patent Cases (i.e, regarding the portions of the case schedule following the case dispositive motion stage). If there are disputed issues between the parties regarding the content of the Scheduling Order, the parties should note those areas of dispute in the proposed Scheduling Order, along with their proposals for the language the Court should adopt as to that issue. In addition, the parties may each separately file a letter (of no more than two single-spaced pages) setting forth their position as to these disputed issues. Both Scheduling Orders can be found on Judge Burke's/Judge Andrews' portions of the District Court website. Ordered by Judge Christopher J. Burke on 11/1/2019. (dlb)
November 1, 2019 Opinion or Order Filing 53 ORAL ORDER: The Court, having reviewed Defendant's Motion to Stay Litigation Pending Inter Partes Review of the Patent-In-Suit, ("Motion"), (D.I. 12), and the parties' briefing related thereto, (D.I. 13; D.I. 20; D.I. 37), having heard argument on October 28, 2019, and having considered the three stay-related factors, hereby ORDERS that the Motion is GRANTED and Plaintiffs' patent infringement claim with respect to United States Patent No. 9,565,493 ("'493 patent") is STAYED until the conclusion of the United States Patent and Trademark Office's Patent Trial and Appeal Board's ("PTAB") inter partes review ("IPR") of all claims of the '493 patent. It is true that the "relationship between the parties" prong of the "undue prejudice" factor weighs against a stay, because the parties are indisputably competitors in the relevant market (for the reasons suggested by Plaintiffs and as the United States District Court for the Northern District of Illinois has concluded in related matters). (D.I. 20 at 5; D.I. 37 at 4) And that fact alone makes this stay decision a relatively close call. But for the following reasons, the other relevant factors weigh strongly in favor of a stay and thus overcome the impact of the "relationship between the parties" subfactor of the undue prejudice factor. Indeed, with respect to "simplification" factor and the "stage of the litigation" factor, the facts here are about as strong as they can get for a stay pending resolution of IPR proceedings. With all claims of the '493 patent now at issue in instituted IPR proceedings, there is the real prospect that the parties and the Court could engage in a significant amount of pre-trial work, only to have the PTAB end up invalidating all asserted claims (or otherwise issuing decisions that will have a significant bearing on the scope of the patent infringement claim in this matter). (D.I. 13 at 9-10; D.I. 37 at 8-10) And this case is in its infancy. A scheduling order has not yet issued and the "vast majority of the work in this case is yet to come." (D.I. 13 at 8) Moreover, even as to the "undue prejudice" factor, some of the other subfactors help Defendant's case for a stay. Defendant diligently filed its petition for IPR of the '493 patent five months before Plaintiffs commenced this action. (D.I. 13 at 6; D.I. 37 at 1) Thus, the IPR proceeding is well underway, with a final decision expected by August 2020. (D.I. 13 at 7) And Defendant filed its Motion as early as possible, a little over a month after this action was commenced and a week after the PTAB instituted the IPR. (Id.) Lastly, the Court notes that while Plaintiffs asserted during oral argument that the simplification factor would be impacted in their favor by their pending motion to amend the complaint to assert a new design patent in this case ("motion to amend"), (see D.I. 48), that motion is not yet fully briefed and has not yet been adjudicated. Thus, at present, the '493 patent is the only patent at issue in this case. The Court can only consider claims of record in deciding whether the stay factors counsel in favor of a stay. That said, if Plaintiffs' motion to amend is ultimately granted, and Plaintiffs believe that changes the stay calculus, they have the ability to then file a motion to lift the stay. The parties shall jointly notify the Court by letter within 10 days after issuance of a Final Written Decision in the IPR. Ordered by Judge Christopher J. Burke on 11/1/2019. (dlb)
November 1, 2019 Opinion or Order Filing 52 Letter to The Honorable Christopher J. Burke, from Brian R. Lemon, Esq., regarding reply ISO Plaintiffs' Motion to File Amended Pleading (D.I. #49 ). (Lemon, Brian) Modified on 11/1/2019 (nms).
October 29, 2019 Opinion or Order Filing 51 Letter to The Honorable Christopher J. Burke, from Michael J. Flynn, regarding opposition to Second Amended Complaint (D.I. #48 ). (Flynn, Michael) Modified on 10/30/2019 (nms).
October 28, 2019 Opinion or Order Minute Entry for proceedings held before Judge Christopher J. Burke - Case Management/Scheduling teleconference held on 10/28/2019. The Court heard argument from the parties regarding Defendant's Motions to Stay, (D.I. 12; D.I. 26). The Court took the motions under advisement and will issue decisions shortly, as well as guidance regarding a case schedule. (Court Reporter Stacey Ingram (Hawkins). Clerk: M. Crawford) Appearances: B. Lemon, A. Joyce, E. Cook, J. Schaffner, A. Boyer for Plaintiffs; M. Flynn, J. Lyons, D. Dixon, S. Mishra for Defendant. (mlc)
October 24, 2019 Opinion or Order Pro Hac Vice Attorney Christina V. Rayburn for Clearone, 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)
October 23, 2019 Opinion or Order Pro Hac Vice Attorneys Joseph M. Schaffner and Elizabeth D. Ferrill for Shure Acquisition Holdings, Inc. and Shure Incorporated 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)
October 22, 2019 Opinion or Order Filing 50 REPLY BRIEF re #29 MOTION to Transfer Case to the United States District Court for the Northern District of Illinois filed by Clearone, Inc.. (Lyons, Jeffrey)
October 22, 2019 Opinion or Order Filing 49 Letter to The Honorable Christopher J. Burke, from Brian Lemon, Esq., regarding Plaintiffs' Motion for Leave to File an Amended Pleading. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Lemon, Brian) Modified on 10/23/2019 (nms).
October 22, 2019 Opinion or Order Filing 48 MOTION for Leave to File an Amended Pleading - filed by Shure Acquisition Holdings, Inc., Shure Incorporated. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Proposed Order)Motions referred to Christopher J. Burke.(Lemon, Brian) Modified on 10/23/2019 (nms).
October 22, 2019 Opinion or Order Filing 47 ORAL ORDER: The Court hereby ORDERS that the parties should be prepared to discuss Defendant's Motion to Stay Litigation Pending Inter Partes Review of the Patent-in-Suit, (D.I. 12), and Defendant's Motion to Stay Discovery Pending Decision on Motion to Dismiss, (D.I. 26), during the telephonic Case Management Conference set for October 28, 2019 at 1:00pm. Ordered by Judge Christopher J. Burke on 10/22/2019. (dlb)
October 22, 2019 Opinion or Order Filing 46 REDACTED VERSION of #42 Answering Brief in Opposition, by Shure Acquisition Holdings, Inc., Shure Incorporated. (Lemon, Brian)
October 22, 2019 Opinion or Order SO ORDERED D.I. #45 MOTION for Pro Hac Vice Appearance of Attorney Elizabeth D. Ferrill and Joseph M. Schaffner filed by Shure Acquisition Holdings, Inc., Shure Incorporated. Ordered by Judge Christopher J. Burke on 10/22/2019. (dlb)
October 21, 2019 Opinion or Order 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)
October 18, 2019 Opinion or Order Pro Hac Vice Attorney Douglas J. Dixon for Clearone, 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)
October 16, 2019 Opinion or Order Filing 45 MOTION for Pro Hac Vice Appearance of Attorney Elizabeth D. Ferrill and Joseph M. Schaffner - filed by Shure Acquisition Holdings, Inc., Shure Incorporated. (Attachments: #1 Certifications for Elizabeth D. Ferrill and Joseph M. Schaffner)Motions referred to Christopher J. Burke.(Lemon, Brian)
October 15, 2019 Opinion or Order Filing 44 REPLY BRIEF re #26 MOTION to Stay Discovery Pending Decision on Motion to Dismiss filed by Clearone, Inc.. (Lyons, Jeffrey)
October 15, 2019 Opinion or Order Filing 43 REPLY BRIEF re #21 MOTION to Dismiss, filed by Clearone, Inc.. (Lyons, Jeffrey) Modified on 10/16/2019 (nms).
October 15, 2019 Opinion or Order Filing 42 [SEALED] ANSWERING BRIEF in Opposition re #29 MOTION to Transfer Case to the United States District Court for the Northern District of Illinois filed by Shure Acquisition Holdings, Inc., Shure Incorporated.Reply Brief due date per Local Rules is 10/22/2019. (Attachments: #1 Exhibit A-H, #2 Certificate of Service)(Lemon, Brian)
October 8, 2019 Opinion or Order Filing 41 REDACTED VERSION of #34 Declaration by Clearone, Inc.. (Lyons, Jeffrey)
October 7, 2019 Opinion or Order Filing 40 ANSWERING BRIEF in Opposition re #21 MOTION to Dismiss filed by Shure Acquisition Holdings, Inc., Shure Incorporated.Reply Brief due date per Local Rules is 10/15/2019. (Attachments: #1 Exhibit A-D)(Lemon, Brian)
October 7, 2019 Opinion or Order Filing 39 ANSWERING BRIEF in Opposition re #26 MOTION to Stay Discovery Pending Decision on Motion to Dismiss filed by Shure Acquisition Holdings, Inc., Shure Incorporated.Reply Brief due date per Local Rules is 10/15/2019. (Attachments: #1 Exhibit A)(Lemon, Brian)
October 4, 2019 Opinion or Order Filing 38 DECLARATION of Christina V. Rayburn re #37 Reply Brief, by Clearone, Inc.. (Attachments: #1 Exhibit 1)(Lyons, Jeffrey) Modified on 10/8/2019 (nms).
October 4, 2019 Opinion or Order Filing 37 REPLY BRIEF re #12 MOTION to Stay Litigation Pending Inter Partes Review of the Patent-In-Suit filed by Clearone, Inc.. (Lyons, Jeffrey)
October 4, 2019 Opinion or Order Filing 36 NOTICE OF SERVICE of Plaintiffs Initial Disclosures Identifying Defendants Accused Products and Plaintiffs Asserted Patents filed by Shure Acquisition Holdings, Inc., Shure Incorporated.(Lemon, Brian)
October 1, 2019 Opinion or Order Filing 35 DECLARATION of Jason DiCampello re #30 Opening Brief in Support, by Clearone, Inc.. (Lyons, Jeffrey) Modified on 10/2/2019 (nms).
October 1, 2019 Opinion or Order Filing 34 [SEALED] DECLARATION of Jim Mergens re #30 Opening Brief in Support, by Clearone, Inc.. (Attachments: #1 Exhibits 1-4)(Lyons, Jeffrey) Modified on 10/2/2019 (nms).
October 1, 2019 Opinion or Order Filing 33 DECLARATION of Narsi Narayanan re #30 Opening Brief in Support, by Clearone, Inc.. (Lyons, Jeffrey) Modified on 10/2/2019 (nms).
October 1, 2019 Opinion or Order Filing 32 DECLARATION of Derek Graham re #30 Opening Brief in Support, by Clearone, Inc.. (Lyons, Jeffrey) Modified on 10/2/2019 (nms).
October 1, 2019 Opinion or Order Filing 31 DECLARATION of Christina V. Rayburn re #30 Opening Brief in Support, by Clearone, Inc.. (Attachments: #1 Exhibits 1-20)(Lyons, Jeffrey) Modified on 10/2/2019 (nms).
October 1, 2019 Opinion or Order Filing 30 OPENING BRIEF in Support re #29 MOTION to Transfer Case to the United States District Court for the Northern District of Illinois filed by Clearone, Inc..Answering Brief/Response due date per Local Rules is 10/15/2019. (Lyons, Jeffrey)
October 1, 2019 Opinion or Order Filing 29 MOTION to Transfer Case to the United States District Court for the Northern District of Illinois - filed by Clearone, Inc.. Motions referred to Christopher J. Burke.(Lyons, Jeffrey)
September 24, 2019 Opinion or Order Filing 28 Oral Order Setting Telephonic Case Management/Scheduling Conference: A Case Management/Scheduling Conference is set for 10/28/2019 at 01:00 PM before Judge Christopher J. Burke. Counsel for Plaintiffs shall initiate the call. Ordered by Judge Christopher J. Burke on 9/24/2019. (dlb)
September 23, 2019 Opinion or Order Filing 27 OPENING BRIEF in Support re #26 MOTION to Stay Discovery Pending Decision on Motion to Dismiss, filed by Clearone, Inc..Answering Brief/Response due date per Local Rules is 10/7/2019. (Lyons, Jeffrey) Modified on 9/24/2019 (nms).
September 23, 2019 Opinion or Order Filing 26 MOTION to Stay Discovery Pending Decision on Motion to Dismiss - filed by Clearone, Inc.. Motions referred to Christopher J. Burke.(Lyons, Jeffrey) Modified on 9/24/2019 (nms).
September 23, 2019 Opinion or Order Filing 25 PROPOSED Scheduling Order, by Shure Acquisition Holdings, Inc., Shure Incorporated. (Lemon, Brian) Modified on 9/24/2019 (nms).
September 23, 2019 Opinion or Order Filing 24 Letter to Christopher J. Burke, from Brian R. Lemon, Esq., regarding case management. (Attachments: #1 Case Management Checklist)(Lemon, Brian) Modified on 9/24/2019 (nms).
September 23, 2019 Opinion or Order Filing 23 DECLARATION re #22 Opening Brief in Support, by Clearone, Inc.. (Attachments: #1 Exhibits 1-2)(Lyons, Jeffrey) Modified on 9/24/2019 (nms).
September 23, 2019 Opinion or Order Filing 22 OPENING BRIEF in Support re #21 MOTION to Dismiss, filed by Clearone, Inc..Answering Brief/Response due date per Local Rules is 10/7/2019. (Lyons, Jeffrey) Modified on 9/24/2019 (nms).
September 23, 2019 Opinion or Order Filing 21 MOTION to Dismiss - filed by Clearone, Inc.. Motions referred to Christopher J. Burke.(Lyons, Jeffrey) Modified on 9/24/2019 (nms).
September 20, 2019 Opinion or Order Filing 20 ANSWERING BRIEF in Opposition re #12 MOTION to Stay Litigation Pending Inter Partes Review of the Patent-In-Suit filed by Shure Acquisition Holdings, Inc., Shure Incorporated.Reply Brief due date per Local Rules is 9/27/2019. (Attachments: #1 Exhibit A-J)(Kelly, Michael)
September 9, 2019 Opinion or Order Filing 19 AMENDED COMPLAINT against Clearone, Inc.- filed by Shure Incorporated, Shure Acquisition Holdings, Inc.. (Attachments: #1 Exhibit A-F)(Kelly, Michael)
September 4, 2019 Opinion or Order Pro Hac Vice Attorney Alexander M. Boyer,Gerald F. Ivey,Elliot C. Cook,Mareesa A. Frederick for Shure Acquisition Holdings, Inc., Shure Incorporated 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)
August 27, 2019 Opinion or Order Filing 18 STIPULATION and Proposed Order to Extend Time - filed by Shure Acquisition Holdings, Inc., Shure Incorporated. (Lemon, Brian) Modified on 8/27/2019 (nms).
August 27, 2019 Opinion or Order SO ORDERED D.I. #18 Joint STIPULATION TO EXTEND TIME for Plaintiffs to respond to Defendant's Motion to Dismiss (D.I. 10) and Motion to Stay Litigation Pending Inter Partes Review of the Patent-In-Suit (D.I. 12) to Friday, September 20, 2019; and for Defendant to fil filed by Shure Acquisition Holdings, Inc., Shure Incorporated. Ordered by Judge Christopher J. Burke on 8/27/2019. (mlc)
August 26, 2019 Opinion or Order Filing 17 NOTICE of Appearance by Alexandra M. Joyce on behalf of Shure Acquisition Holdings, Inc., Shure Incorporated (Joyce, Alexandra)
August 23, 2019 Opinion or Order Filing 16 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 18 (i.e., regarding the portions of the case schedule leading up to but not including the pretrial conference stage of the case) and that is consistent with paragraphs 13-16 of Judge Andrews' "Rule 16 Scheduling Order Patent" (i.e., regarding the portions of the case schedule from the pretrial conference 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 Andrews' portions of the District Court's website. Ordered by Judge Christopher J. Burke on 8/23/2019. (dlb)
August 23, 2019 Opinion or Order Filing 15 Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Clearone, Inc.. (Flynn, Michael)
August 23, 2019 Opinion or Order Filing 14 DECLARATION of Douglas J. Dixon re #12 MOTION to Stay Litigation Pending Inter Partes Review of the Patent-In-Suit, by Clearone, Inc.. (Attachments: #1 Exhibits 1-5)(Flynn, Michael) Modified on 8/26/2019 (nms).
August 23, 2019 Opinion or Order Filing 13 OPENING BRIEF in Support re #12 MOTION to Stay Litigation Pending Inter Partes Review of the Patent-In-Suit, filed by Clearone, Inc..Answering Brief/Response due date per Local Rules is 9/6/2019. (Flynn, Michael) Modified on 8/26/2019 (nms).
August 23, 2019 Opinion or Order Filing 12 MOTION to Stay Litigation Pending Inter Partes Review of the Patent-In-Suit - filed by Clearone, Inc.. Motions referred to Christopher J. Burke.(Flynn, Michael) Modified on 8/26/2019 (nms).
August 23, 2019 Opinion or Order Filing 11 OPENING BRIEF in Support re #10 MOTION to Dismiss, filed by Clearone, Inc..Answering Brief/Response due date per Local Rules is 9/6/2019. (Flynn, Michael) Modified on 8/26/2019 (nms).
August 23, 2019 Opinion or Order Filing 10 MOTION to Dismiss - filed by Clearone, Inc.. Motions referred to Christopher J. Burke.(Flynn, Michael) Modified on 8/26/2019 (nms).
August 23, 2019 Opinion or Order Filing 9 ORAL ORDER: The case is now referred to Magistrate Judge Christopher J. Burke for all purposes through the case dispositive motion deadline. Ordered by Judge Richard G. Andrews on 8/23/2019. (nms)
August 9, 2019 Opinion or Order SO ORDERED, re #6 STIPULATION TO EXTEND TIME to ANSWER the Complaint to August 23, 2019 (*Reset Answer Deadlines: Clearone, Inc. answer due 8/23/2019). Signed by Judge Richard G. Andrews on 8/8/2019. (nms)
August 8, 2019 Opinion or Order Filing 8 MOTION for Pro Hac Vice Appearance of Attorney John C. Hueston, Doug Dixon, Christina V. Rayburn and Sourabh Mishra - filed by Clearone, Inc.. (Flynn, Michael)
August 8, 2019 Opinion or Order SO ORDERED, re #7 MOTION for Pro Hac Vice Appearance of Attorney Gerald F. Ivey, Mareesa A. Frederick, Elliot C. Cook, and Alexander M. Boyer, filed by Shure Acquisition Holdings, Inc., Shure Incorporated, and #8 MOTION for Pro Hac Vice Appearance of Attorney John C. Hueston, Doug Dixon, Christina V. Rayburn and Sourabh Mishra, filed by Clearone, Inc.. Signed by Judge Richard G. Andrews on 8/8/2019. (nms)
July 31, 2019 Opinion or Order Case Reassigned to Judge Richard G. Andrews. Please include the initials of the Judge (RGA) after the case number on all documents filed. (nms)
July 26, 2019 Opinion or Order Filing 7 MOTION for Pro Hac Vice Appearance of Attorney Gerald F. Ivey, Mareesa A. Frederick, Elliot C. Cook, and Alexander M. Boyer - filed by Shure Acquisition Holdings, Inc., Shure Incorporated. (Attachments: #1 Certifications for Gerald F. Ivey, Mareesa A. Frederick, Elliot C. Cook, and Alexander M. Boyer)(Kelly, Michael)
July 25, 2019 Opinion or Order Filing 6 STIPULATION TO EXTEND TIME to ANSWER the Complaint to August 23, 2019 - filed by Clearone, Inc.. (Flynn, Michael) Modified on 8/8/2019 (nms).
July 24, 2019 Opinion or Order Case Assigned to Judge Maryellen Noreika. Please include the initials of the Judge (MN) after the case number on all documents filed. (nmg)
July 19, 2019 Opinion or Order Filing 5 SUMMONS Returned Executed by Shure Incorporated, Shure Acquisition Holdings, Inc.. Clearone, Inc. served on 7/19/2019, answer due 8/9/2019. (Kelly, Michael)
July 18, 2019 Opinion or Order Filing 4 Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Shure Acquisition Holdings, Inc., Shure Incorporated. (sam)
July 18, 2019 Opinion or Order Filing 3 Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 9,565,493. (sam)
July 18, 2019 Opinion or Order Filing 2 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (sam)
July 18, 2019 Opinion or Order Filing 1 COMPLAINT filed with Jury Demand against Clearone, Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number 0311-2689135.) - filed by Shure Incorporated, Shure Acquisition Holdings, Inc.. (Attachments: #1 Exhibit A-F, #2 Civil Cover Sheet)(sam)
July 18, 2019 Opinion or Order Summons Issued with Magistrate Consent Notice attached as to Clearone, Inc. on 7/18/2019. 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. (sam)

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Search for this case: Shure Incorporated et al v. Clearone, Inc.
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Plaintiff: Shure Incorporated
Represented By: Brian R. Lemon
Represented By: Michael P. Kelly
Represented By: Mareesa A. Frederick
Represented By: Joseph M. Schaffner
Represented By: Elizabeth D. Ferrill
Represented By: Gerald F. Ivey
Represented By: Sydney N. English
Represented By: Alexandra M. Joyce
Represented By: Alexander M. Boyer
Represented By: Elliot C. Cook
Represented By: Luke H. MacDonald
Represented By: David N. Lefcowitz
Represented By: Vladimir I. Arezina
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Plaintiff: Shure Acquisition Holdings, Inc.
Represented By: Brian R. Lemon
Represented By: Michael P. Kelly
Represented By: Mareesa A. Frederick
Represented By: Joseph M. Schaffner
Represented By: Elizabeth D. Ferrill
Represented By: Gerald F. Ivey
Represented By: Sydney N. English
Represented By: Alexandra M. Joyce
Represented By: Alexander M. Boyer
Represented By: Elliot C. Cook
Represented By: Luke H. MacDonald
Represented By: David N. Lefcowitz
Represented By: Vladimir I. Arezina
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Defendant: Clearone, Inc.
Represented By: Christina V. Rayburn
Represented By: Jeffrey J. Lyons
Represented By: Michael J. Flynn
Represented By: Andrew Mark Moshos
Represented By: Douglas J. Dixon
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