Dynamic Data Technologies, LLC v. Google LLC et al
Dynamic Data Technologies, LLC |
Google LLC and YouTube LLC |
1:2019cv01529 |
August 16, 2019 |
US District Court for the District of Delaware |
Colm F Connolly |
Patent |
35 U.S.C. § 271 |
Plaintiff |
Docket Report
This docket was last retrieved on June 11, 2020. A more recent docket listing may be available from PACER.
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Filing 62 ORAL ORDER: The Court, having considered the parties letter to the Court, (D.I. 60), agrees that it would be helpful to review supplemental authority from the District of Delaware and the Third Circuit concerning the remaining unresolved issues relevant to the pending motion, (D.I. 17). Therefore, the Court ORDERS as follows: (1) Defendants shall submit an opening letter brief of no more than four pages, single-spaced, by October 18, 2019.; (2) Plaintiff shall submit an answering letter brief of no more than four pages, single-spaced by October 25, 2019; and (3) Defendants may (if they wish) submit a reply letter brief of no more than two pages, single-spaced, by October 30, 2019.; (4) Two courtesy copies of each of the letters are to be hand-delivered to the Clerk's Office within one hour of e-filing. Ordered by Judge Christopher J. Burke on 10/9/2019. (dlb) |
Filing 61 ORDER REFERRING MOTION: #17 SEALED PATENT MOTION to Dismiss under Rule 12(B)(3) and 12(B)(6) and Declarations filed by Google LLC, YouTube LLC. Signed by Judge Colm F. Connolly on 10/7/2019. Motions referred to Magistrate Judge Christopher J. Burke.(nmf) |
Filing 60 Letter to The Honorable Colm F. Connolly from Jack B. Blumenfeld regarding motion that requires judicial action - re #17 SEALED PATENT MOTION to Dismiss under Rule 12(B)(3) and 12(B)(6) and Declarations. (Blumenfeld, Jack) |
Filing 59 NOTICE of Appearance by Stephen B. Brauerman on behalf of Dynamic Data Technologies, LLC (Brauerman, Stephen) |
Case Assigned to Judge Colm F. Connolly. Please include the initials of the Judge (CFC) after the case number on all documents filed. (rjb) |
Filing 58 NOTICE of Appearance by Jack B. Blumenfeld on behalf of Google LLC, YouTube LLC (Blumenfeld, Jack) |
Filing 57 Local Counsel Letter sent. Notice of Compliance deadline set for 9/16/2019. (lak) |
Filing 56 Record of case transferred in from District of Texas Eastern; Case Number in Other District: 2:18-cv-00466. Copy of Docket Sheet and original file |
Filing 55 ORDER granting #54 Motion to Withdraw as Attorney. Attorney Krista Sue Schwartz terminated. Signed by District Judge Robert W. Schroeder, III on 8/6/2019. (nkl, ) [Transferred from Texas Eastern on 8/16/2019.] |
Filing 54 Unopposed MOTION to Withdraw as Attorney as Counsel by Google LLC, YouTube, LLC. (Attachments: #1 Text of Proposed Order Unopposed Motion to Withdraw as Counsel - Krista Schwartz)(Hendershot, Michael) [Transferred from Texas Eastern on 8/16/2019.] |
Filing 53 ORDER granting #52 Motion to Withdraw as Attorney. Attorney Michael E Jones terminated. Signed by District Judge Robert W. Schroeder, III on 8/1/2019. (nkl, ) [Transferred from Texas Eastern on 8/16/2019.] |
Filing 52 Unopposed MOTION to Withdraw as Attorney for Michael E. Jones by Google LLC, YouTube, LLC. (Attachments: #1 Text of Proposed Order)(Jones, Michael) [Transferred from Texas Eastern on 8/16/2019.] |
Filing 51 ORDER granting #50 Motion to Withdraw as Attorney. Attorney Elizabeth L DeRieux terminated. Signed by District Judge Robert W. Schroeder, III on 7/24/2019. (ch, ) [Transferred from Texas Eastern on 8/16/2019.] |
Filing 50 Unopposed MOTION to Withdraw as Attorney by Dynamic Data Technologies, LLC. (Attachments: #1 Text of Proposed Order)(DeRieux, Elizabeth) [Transferred from Texas Eastern on 8/16/2019.] |
Filing 49 ORDER granting #48 Motion to Change Venue/Transfer to the District of Delaware. Signed by District Judge Robert W. Schroeder, III on 7/22/2019. (nkl, ) [Transferred from Texas Eastern on 8/16/2019.] |
Filing 48 Joint MOTION to Change Venue /Transfer to the District of Delaware by Google LLC, YouTube, LLC. (Attachments: #1 Text of Proposed Order)(Jones, Michael) [Transferred from Texas Eastern on 8/16/2019.] |
Filing 47 ORDER granting #46 Motion for Extension of Time to File Response/Reply re #41 SEALED PATENT MOTION to Transfer Venue to the Northern District of California Responses due by 7/25/2019. Signed by District Judge Robert W. Schroeder, III on 7/15/2019. (nkl, ) [Transferred from Texas Eastern on 8/16/2019.] |
Filing 46 Unopposed MOTION for Extension of Time to File Response/Reply as to #41 SEALED PATENT MOTION to Transfer Venue to the Northern District of California by Dynamic Data Technologies, LLC. (Attachments: #1 Text of Proposed Order)(Hipskind, Daniel) [Transferred from Texas Eastern on 8/16/2019.] |
Filing 45 REDACTION to #44 Sealed PATENT Sur-Reply to Reply to Response to PATENT Motion, by Dynamic Data Technologies, LLC. (Attachments: #1 Affidavit Hipskind, #2 Exhibit 29, #3 Exhibit 30, #4 Exhibit 31)(Hipskind, Daniel) [Transferred from Texas Eastern on 8/16/2019.] |
Filing 44 SEALED PATENT SUR-REPLY to Reply to Response to PATENT Motion re #17 SEALED PATENT MOTION to Dismiss under Rule 12(B)(3) and 12(B)(6) and Declarations filed by Dynamic Data Technologies, LLC. (Attachments: #1 Affidavit Hipskind, #2 Exhibit 29, #3 Exhibit 30, #4 Exhibit 31)(Hipskind, Daniel) [Transferred from Texas Eastern on 8/16/2019.] |
Filing 43 REDACTION to #41 SEALED PATENT MOTION to Transfer Venue to the Northern District of California by Google LLC, YouTube, LLC. (Attachments: #1 Exh. A - 2019-06-07 Patrick Orr DDT MMT 1404 Declaration_REDACTED, #2 Exh. B - Richard Shen _ LinkedIn, #3 Exh. C - 8,135,073 Patent, #4 Exh. D - 7,542,041 Patent, #5 Exh. E - Santanu Dutta _ LinkedIn, #6 Exh. F - Timothy Lohse _ People _ DLA Piper Global Law Firm, #7 Exh. G - Andrew B. Schwaab, #8 Exh. H - '073 Patent File History excerpt, #9 Exh. I - Thomas H Ham, Patent Attorney, Biography, #10 Exh. J - David Alberti _ Feinberg Day Alberti Lim & Belloli LLP, #11 Exh. K - '054 Patent File History excerpt, #12 Exh. L - Mike Ure _ LinkedIn, #13 Exh. M - '689 Patent File History excerpt, #14 Exh. N - '112 Patent File History excerpt, #15 Exh. O - '112 Patent File History excerpt, #16 Exh. P - '529 Patent File History excerpt, #17 Exh. Q - '041 Patent File History excerpt, #18 Exh. S - Table C-5, #19 Exh. T - National Judicial Caseload profile, #20 Exh. U - '041 Patent File History excerpt, #21 Text of Proposed Order)(Schwartz, Krista) [Transferred from Texas Eastern on 8/16/2019.] |
Filing 42 REDACTION to #40 Sealed PATENT Reply to Response to PATENT Motion, by Google LLC, YouTube, LLC. (Attachments: #1 Ex A - Fully redacted, #2 Ex B - Fully redacted, #3 Ex C - Fully redacted, #4 Ex D - Fully redacted, #5 Ex E - Fully redacted)(Schwartz, Krista) [Transferred from Texas Eastern on 8/16/2019.] |
Filing 41 SEALED PATENT MOTION to Transfer Venue to the Northern District of California by Google LLC, YouTube, LLC. (Attachments: #1 Exh. A - 2019-06-07 Patrick Orr DDT MMT 1404 Declaration, #2 Exh. B - Richard Shen _ LinkedIn, #3 Exh. C - 8,135,073 Patent, #4 Exh. D - 7,542,041 Patent, #5 Exh. E - Santanu Dutta _ LinkedIn, #6 Exh. F - Timothy Lohse _ People _ DLA Piper Global Law Firm, #7 Exh. G - Andrew B. Schwaab, #8 Exh. H - '073 Patent File History excerpt, #9 Exh. I - Thomas H Ham, Patent Attorney, Biography, #10 Exh. J - David Alberti _ Feinberg Day Alberti Lim & Belloli LLP, #11 Exh. K - '054 Patent File History excerpt, #12 Exh. L - Mike Ure _ LinkedIn, #13 Exh. M - '689 Patent File History excerpt, #14 Exh. N - '112 Patent File History excerpt, #15 Exh. O - '112 Patent File History excerpt, #16 Exh. P - '529 Patent File History excerpt, #17 Exh. Q - '041 Patent File History excerpt, #18 Exh. R - '450 Patent File History excerpt, #19 Exh. S - Table C-5, #20 Exh. T - National Judicial Caseload Profile, #21 Exh. U - '041 Patent File History excerpt, #22 Text of Proposed Order)(Schwartz, Krista) [Transferred from Texas Eastern on 8/16/2019.] |
Filing 40 SEALED PATENT REPLY to Response to PATENT Motion re #17 SEALED PATENT MOTION to Dismiss under Rule 12(B)(3) and 12(B)(6) and Declarations filed by Google LLC, YouTube, LLC. (Attachments: #1 Ex A - 2019-05-24 McCallion depo excerpts, #2 Ex B - McCallion Exhibit 3, #3 Ex C - 2019-05-10 Pandian depo excerpts, #4 Ex D - 2019-05-15 Livingston depo excerpts, #5 Ex E - GOOG-DDT-00000593 GUT Ticket 35055797)(Schwartz, Krista) [Transferred from Texas Eastern on 8/16/2019.] |
Filing 39 REDACTION to #37 Sealed Patent Response to Sealed Patent Motion,, by Dynamic Data Technologies, LLC. (Attachments: #1 Affidavit Hipskind, #2 Exhibit 1, 8-15, 18-24, 27 and 28 Remain Under Seal)(Hipskind, Daniel) [Transferred from Texas Eastern on 8/16/2019.] |
Filing 38 Additional Attachments to Main Document: #37 Sealed Patent Response to Sealed Patent Motion,,.. (Attachments: #1 Exhibit 2, #2 Exhibit 3, #3 Exhibit 4, #4 Exhibit 5, #5 Exhibit 6, #6 Exhibit 7, #7 Exhibit 16, #8 Exhibit 17, #9 Exhibit 25, #10 Exhibit 26, #11 Text of Proposed Order)(Hipskind, Daniel) [Transferred from Texas Eastern on 8/16/2019.] |
Filing 37 SEALED PATENT RESPONSE to SEALED PATENT MOTION re #17 SEALED PATENT MOTION to Dismiss under Rule 12(B)(3) and 12(B)(6) and Declarations filed by Dynamic Data Technologies, LLC. (Attachments: #1 Affidavit Hipskind, #2 Exhibit 1, #3 Exhibit 8, #4 Exhibit 9, #5 Exhibit 10, #6 Exhibit 11, #7 Exhibit 12, #8 Exhibit 13, #9 Exhibit 14, #10 Exhibit 15, #11 Exhibit 18, #12 Exhibit 19, #13 Exhibit 20, #14 Exhibit 21, #15 Exhibit 22, #16 Exhibit 23, #17 Exhibit 24, #18 Exhibit 27, #19 Exhibit 28)(Hipskind, Daniel) [Transferred from Texas Eastern on 8/16/2019.] |
Filing 36 ORDER granting #35 Motion for Extension of Time to File Response/Reply re #17 SEALED PATENT MOTION to Dismiss under Rule 12(B)(3) and 12(B)(6) and Declarations Responses due by 6/14/2019. Signed by District Judge Robert W. Schroeder, III on 6/10/2019. (nkl, ) [Transferred from Texas Eastern on 8/16/2019.] |
Filing 35 Unopposed MOTION for Extension of Time to File Response/Reply as to #17 SEALED PATENT MOTION to Dismiss under Rule 12(B)(3) and 12(B)(6) and Declarations by Dynamic Data Technologies, LLC. (Attachments: #1 Text of Proposed Order)(Hipskind, Daniel) [Transferred from Texas Eastern on 8/16/2019.] |
Filing 34 ORDER granting #33 Motion for Extension of Time to Complete Discovery. Signed by District Judge Robert W. Schroeder, III on 6/4/2019. (ch, ) [Transferred from Texas Eastern on 8/16/2019.] |
Filing 33 Unopposed MOTION for Extension of Time to Complete Discovery (Limited Venue Discovery) by Dynamic Data Technologies, LLC. (Attachments: #1 Text of Proposed Order)(Hipskind, Daniel) [Transferred from Texas Eastern on 8/16/2019.] |
Filing 32 CONSOLIDATION ORDER - the Court ORDERS that the above-styled cases are consolidated for pretrial issues only, with the exception of venue. The earliest filed civil action (2:18-cv-459) shall serve as the lead. Signed by District Judge Robert W. Schroeder, III on 3/15/19. (ch, ) [Transferred from Texas Eastern on 8/16/2019.] |
Filing 31 ORDER granting #30 Motion for Leave to Take Limited Venue Discovery and for Extension of Time on Briefing to Motion to Dismiss. Signed by District Judge Robert W. Schroeder, III on 2/14/2019. (nkl, ) [Transferred from Texas Eastern on 8/16/2019.] |
Filing 30 Unopposed MOTION Motion for Leave to Take Limited Venue Discovery and for Extension of Time on Briefing to Motion to Dismiss re #17 SEALED PATENT MOTION to Dismiss under Rule 12(B)(3) and 12(B)(6) and Declarations by Dynamic Data Technologies, LLC. (Attachments: #1 Exhibit A - Venue Discovery, #2 Text of Proposed Order)(Hipskind, Daniel) [Transferred from Texas Eastern on 8/16/2019.] |
Filing 29 NOTICE of Attorney Appearance by Michael Christopher Hendershot on behalf of Google LLC, YouTube, LLC (Hendershot, Michael) [Transferred from Texas Eastern on 8/16/2019.] |
Filing 28 ORDER granting #27 Motion for Extension of Time to File Response to Defendant's Motion to Dismiss Under Rule 12(b)(3) and 12(B)(6). Deadline for DDT to file its Response to the motion is extended to 2/14/2019. Signed by District Judge Robert W. Schroeder, III on 2/7/2019. (slo, ) [Transferred from Texas Eastern on 8/16/2019.] |
Filing 27 Unopposed MOTION for Extension of Time to File Response/Reply as to #17 SEALED PATENT MOTION to Dismiss under Rule 12(B)(3) and 12(B)(6) and Declarations by Dynamic Data Technologies, LLC. (Attachments: #1 Text of Proposed Order)(Hipskind, Daniel) [Transferred from Texas Eastern on 8/16/2019.] |
Filing 26 ORDER granting #24 Motion for Extension of Time to File Response/Reply re #17 SEALED PATENT MOTION to Dismiss under Rule 12(B)(3) and 12(B)(6) and Declarations Responses due by 2/7/2019. Signed by District Judge Robert W. Schroeder, III on 1/31/2019. (nkl, ) [Transferred from Texas Eastern on 8/16/2019.] |
Filing 25 NOTICE of Attorney Appearance by Krista Sue Schwartz on behalf of Google LLC, YouTube, LLC (Schwartz, Krista) [Transferred from Texas Eastern on 8/16/2019.] |
Filing 24 Unopposed MOTION for Extension of Time to File Response/Reply as to #17 SEALED PATENT MOTION to Dismiss under Rule 12(B)(3) and 12(B)(6) and Declarations by Dynamic Data Technologies, LLC. (Attachments: #1 Text of Proposed Order)(Hipskind, Daniel) [Transferred from Texas Eastern on 8/16/2019.] |
Filing 23 NOTICE of Readiness for Scheduling Conference by Dynamic Data Technologies, LLC (Hipskind, Daniel) [Transferred from Texas Eastern on 8/16/2019.] |
Filing 22 REDACTION to #17 SEALED PATENT MOTION to Dismiss under Rule 12(B)(3) and 12(B)(6) and Declarations by Google LLC, YouTube, LLC. (Attachments: #1 Exhibit C - Lim Declaration, #2 Exhibit D - Durbin Declaration, #3 Exhibit E - McCallion Declaration)(Jones, Michael) [Transferred from Texas Eastern on 8/16/2019.] |
Filing 21 ORDER granting #16 Unopposed MOTION to Seal Document Motion to Dismiss under Rule 12(B)(3) and 12(B)(6) and Declarations. Signed by District Judge Robert W. Schroeder, III on 1/14/2019. (ch, ) [Transferred from Texas Eastern on 8/16/2019.] |
Filing 20 CORPORATE DISCLOSURE STATEMENT filed by YouTube, LLC identifying Corporate Parent XXVI Holdings Inc., Corporate Parent Google, LLC, Corporate Parent Alphabet Inc for YouTube, LLC. (Jones, Michael) [Transferred from Texas Eastern on 8/16/2019.] |
Filing 19 CORPORATE DISCLOSURE STATEMENT filed by Google LLC identifying Corporate Parent XXVI Holdings Inc., Corporate Parent Alphabet Inc for Google LLC. (Jones, Michael) [Transferred from Texas Eastern on 8/16/2019.] |
Filing 18 Additional Attachments to Main Document: #17 SEALED PATENT MOTION to Dismiss under Rule 12(B)(3) and 12(B)(6) and Declarations.. (Attachments: #1 Exhibit A: Cupp v. Symantec, #2 Exhibit B: Petition for Rehearing, #3 Exhibit F: 8,787,454, #4 Exhibit G: 10,003,793, #5 Exhibit H: BMC Software)(Jones, Michael) [Transferred from Texas Eastern on 8/16/2019.] |
Filing 17 SEALED PATENT MOTION to Dismiss under Rule 12(B)(3) and 12(B)(6) and Declarations by Google LLC, YouTube, LLC. (Attachments: #1 Exhibit C: Sealed Declaration, #2 Exhibit D: Sealed Declaration, #3 Exhibit E: Sealed Declaration, #4 Text of Proposed Order)(Jones, Michael) [Transferred from Texas Eastern on 8/16/2019.] |
Filing 16 Unopposed MOTION to Seal Document Motion to Dismiss under Rule 12(B)(3) and 12(B)(6) and Declarations by Google LLC, YouTube, LLC. (Attachments: #1 Text of Proposed Order)(Jones, Michael) [Transferred from Texas Eastern on 8/16/2019.] |
Filing 15 Defendant's Unopposed Second Application for Extension of Time to Answer Complaint re YouTube, LLC.( Jones, Michael) [Transferred from Texas Eastern on 8/16/2019.] |
Filing 14 Defendant's Unopposed First Application for Extension of Time to Answer Complaint re YouTube, LLC.( Jones, Michael) [Transferred from Texas Eastern on 8/16/2019.] |
Defendant's Unopposed First Application for Extension of Time to Answer Complaint is granted pursuant to Local Rule CV-12 for YouTube, LLC to 12/28/2018. 30 Days Granted for Deadline Extension.( nkl, ) [Transferred from Texas Eastern on 8/16/2019.] |
Defendant's Unopposed Second Application for Extension of Time to Answer Complaint is granted pursuant to Local Rule CV-12 for YouTube, LLC to 1/11/2019. 14 Days Granted for Deadline Extension.( nkl, ) [Transferred from Texas Eastern on 8/16/2019.] |
Defendant's Unopposed Second Application for Extension of Time to Answer Complaint is granted pursuant to Local Rule CV-12 for Google LLC to 1/11/2019. 15 Days Granted for Deadline Extension.( nkl, ) [Transferred from Texas Eastern on 8/16/2019.] |
Defendant's Unopposed First Application for Extension of Time to Answer Complaint is granted pursuant to Local Rule CV-12 for Google LLC to 12/27/2018. 30 Days Granted for Deadline Extension.( nkl, ) [Transferred from Texas Eastern on 8/16/2019.] |
Filing 13 Defendant's Unopposed Second Application for Extension of Time to Answer Complaint re Google LLC.( Jones, Michael) [Transferred from Texas Eastern on 8/16/2019.] |
Filing 12 Defendant's Unopposed First Application for Extension of Time to Answer Complaint re Google LLC.( Jones, Michael) [Transferred from Texas Eastern on 8/16/2019.] |
Filing 11 SUMMONS Returned Executed by Dynamic Data Technologies, LLC. YouTube, LLC served on 11/7/2018, answer due 11/28/2018. (Hipskind, Daniel) [Transferred from Texas Eastern on 8/16/2019.] |
Filing 10 SUMMONS Returned Executed by Dynamic Data Technologies, LLC. Google LLC served on 11/6/2018, answer due 11/27/2018. (Hipskind, Daniel) [Transferred from Texas Eastern on 8/16/2019.] |
Filing 9 SUMMONS Issued as to Google LLC, YouTube, LLC. (Attachments: #1 Summons(es))(ch, ) [Transferred from Texas Eastern on 8/16/2019.] |
In accordance with the provisions of 28 USC Section 636(c), you are hereby notified that a U.S. Magistrate Judge of this district court is available to conduct any or all proceedings in this case including a jury or non-jury trial and to order the entry of a final judgment. The form #Consent to Proceed Before Magistrate Judge is available on our website. All signed consent forms, excluding pro se parties, should be filed electronically using the event Notice Regarding Consent to Proceed Before Magistrate Judge. (ch, ) [Transferred from Texas Eastern on 8/16/2019.] |
Filing 8 NOTICE of Attorney Appearance by Eric Benjamin Hanson on behalf of Dynamic Data Technologies, LLC (Hanson, Eric) [Transferred from Texas Eastern on 8/16/2019.] |
Filing 7 NOTICE of Attorney Appearance by Dorian S. Berger on behalf of Dynamic Data Technologies, LLC (Berger, Dorian) [Transferred from Texas Eastern on 8/16/2019.] |
Filing 6 NOTICE of Attorney Appearance by Elizabeth L DeRieux on behalf of Dynamic Data Technologies, LLC (DeRieux, Elizabeth) [Transferred from Texas Eastern on 8/16/2019.] |
Filing 5 NOTICE of Designation of Attorney in Charge to Daniel P. Hipskind on behalf of Dynamic Data Technologies, LLC (Hipskind, Daniel) [Transferred from Texas Eastern on 8/16/2019.] |
Filing 4 Notice of Filing of Patent/Trademark Form (AO 120). AO 120 mailed to the Director of the U.S. Patent and Trademark Office. (Hipskind, Daniel) [Transferred from Texas Eastern on 8/16/2019.] |
Filing 3 DEMAND for Trial by Jury by Dynamic Data Technologies, LLC. (Hipskind, Daniel) [Transferred from Texas Eastern on 8/16/2019.] |
Filing 2 CORPORATE DISCLOSURE STATEMENT filed by Dynamic Data Technologies, LLC (Hipskind, Daniel) [Transferred from Texas Eastern on 8/16/2019.] |
Filing 1 COMPLAINT for Patent Infringement against Google LLC, YouTube, LLC ( Filing fee $ 400 receipt number 0540-7013702.), filed by Dynamic Data Technologies, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Civil Cover Sheet)(Hipskind, Daniel) [Transferred from Texas Eastern on 8/16/2019.] |
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