Implicit, LLC v. Fortinet, Inc.
Plaintiff: Implicit, LLC
Defendant: Fortinet Inc.
Case Number: 1:2021cv00459
Filed: March 29, 2021
Court: US District Court for the District of Delaware
Presiding Judge: Maryellen Noreika
Nature of Suit: Patent
Cause of Action: 35:271
Jury Demanded By: Both
Docket Report

This docket was last retrieved on May 7, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 7, 2021 Opinion or Order Filing 49 SO ORDERED re #48 Stipulation and Order to Stay Pending Implicit's NetScout Appeal. CASE STAYED. The parties shall submit a joint status report, with their respective proposals as to next steps, within 30 days after the NetScout Appeal, including any further appeal by Implicit or NetScout, has been resolved or otherwise terminated. Signed by Judge Maryellen Noreika on 5/7/2021. (dlw)
May 7, 2021 Pro Hac Vice Attorney Christopher J. Tyson for Fortinet 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. (mal)
May 6, 2021 Filing 48 STIPULATION and [Proposed] Order to Stay Pending Implicit's NetScout Appeal by Fortinet Inc.. (Renck, Richard)
May 5, 2021 Filing 47 Joint STATEMENT re 45 Oral Order Pursuant to Local Rule 81.2 by Fortinet Inc.. (Renck, Richard) Modified on 5/5/2021 (mdb).
April 30, 2021 Opinion or Order SO ORDERED re #46 MOTION for Pro Hac Vice Appearance of Attorney Christopher J. Tyson filed by Fortinet Inc. ORDERED by Judge Maryellen Noreika on 4/30/2021. (dlw)
April 29, 2021 Filing 46 MOTION for Pro Hac Vice Appearance of Attorney Christopher J. Tyson - filed by Fortinet Inc.. (Renck, Richard)
April 29, 2021 Opinion or Order Filing 45 ORAL ORDER - IT IS HEREBY ORDERED that, on or before 5/6/2021, the parties shall file the requisite Local Rule 81.2 Statement. ORDERED by Judge Maryellen Noreika on 4/29/2021. (dlw)
April 26, 2021 Filing 44 NOTICE of Appearance by James Michael Lennon on behalf of Implicit, LLC (Lennon, James)
April 21, 2021 Filing 43 NOTICE of Change of Address for Pro Hac Vice Attorneys Matthew C. Gaudet and Alice E. Snedeker by Fortinet Inc. (Renck, Richard)
April 5, 2021 Pro Hac Vice Attorneys Matthew C. Gaudet and Alice E. Snedeker for Fortinet 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. (kmd)
April 1, 2021 Opinion or Order SO ORDERED re #42 MOTION for Pro Hac Vice Appearance of Attorney Matthew C. Gaudet and Alice E. Snedeker filed by Fortinet Inc. ORDERED by Judge Maryellen Noreika on 4/1/2021. (dlw)
March 31, 2021 Filing 42 MOTION for Pro Hac Vice Appearance of Attorney Matthew C. Gaudet and Alice E. Snedeker - filed by Fortinet Inc.. (Renck, Richard)
March 31, 2021 Case Assigned to Judge Maryellen Noreika. Please include the initials of the Judge (MN) after the case number on all documents filed. (rjb)
March 29, 2021 Filing 41 NOTICE of Appearance by Richard L. Renck on behalf of Fortinet Inc. (Renck, Richard)
March 29, 2021 Filing 40 Local Counsel Letter sent. Notice of Compliance deadline set for 4/28/2021. (apk)
March 29, 2021 Filing 39 Record of case transferred in from District of Texas Eastern; Case Number in Other District: 2:19-cv-00039. Copy of Docket Sheet and original file
March 28, 2021 Opinion or Order Filing 38 ORDER denying #32 Motion for Reconsideration. The Clerk is directed to transfer Case No. 2:19-cv-00039-JRG-RSP to the District of Delaware without further delay. Signed by Magistrate Judge Roy S. Payne on 3/28/2021. (ch, ) [Transferred from Texas Eastern on 3/29/2021.]
January 28, 2021 ***FILED IN ERROR. FILED IN WRONG CASE Document # 37, Order. PLEASE IGNORE.*** (ch, ) [Transferred from Texas Eastern on 3/29/2021.]
January 27, 2021 Opinion or Order Filing 37 ***FILED IN ERROR***ORDER TO PURCHASE JURY MEALS. Signed by District Judge Rodney Gilstrap on 01/27/2021. (klc, ) Modified on 1/28/2021 (ch, ). [Transferred from Texas Eastern on 3/29/2021.]
June 4, 2020 Filing 36 SUR-REPLY to Reply to Response to Motion re #32 MOTION for Reconsideration re #31 Order filed by Fortinet, Inc.. (Snedeker, Alice) [Transferred from Texas Eastern on 3/29/2021.]
May 27, 2020 Filing 35 REPLY to Response to Motion re #32 MOTION for Reconsideration re #31 Order filed by Implicit, LLC. (Davis, William) [Transferred from Texas Eastern on 3/29/2021.]
May 27, 2020 ***FILED IN ERROR. CLERK FILED IN WRONG CASE Document # 34, Scheduling Order. PLEASE IGNORE.*** (ch, ) [Transferred from Texas Eastern on 3/29/2021.]
May 21, 2020 Opinion or Order Filing 34 ***FILED IN ERROR WRONG CASE***ORDER - Scheduling Conference set for 6/25/2020 01:30 PM before Magistrate Judge Roy S. Payne. Signed by Magistrate Judge Roy S. Payne on 5/21/2020. (ch, ) Modified on 5/27/2020 (ch, ). [Transferred from Texas Eastern on 3/29/2021.]
May 20, 2020 Filing 33 RESPONSE in Opposition re #32 MOTION for Reconsideration re #31 Order Granting Motion to Transfer (Dkt. No. 31) filed by Fortinet, Inc.. (Snedeker, Alice) [Transferred from Texas Eastern on 3/29/2021.]
May 6, 2020 Filing 32 MOTION for Reconsideration re #31 Order by Implicit, LLC. (Attachments: #1 Text of Proposed Order)(Davis, William) [Transferred from Texas Eastern on 3/29/2021.]
April 22, 2020 Opinion or Order Filing 31 ORDER - It is therefore ORDERED that all claims against Juniper and Fortinet shall be transferred to the District of Delaware.. Signed by Magistrate Judge Roy S. Payne on 4/22/2020. (nkl, ) [Transferred from Texas Eastern on 3/29/2021.]
July 3, 2019 ***FILED IN ERROR. CASE IS CONSOLIDATED PLEASE FILE IN THE LEAD CASE Document # 30, Response to motion. PLEASE IGNORE.*** (ch, ) [Transferred from Texas Eastern on 3/29/2021.]
July 3, 2019 Filing 30 ***FILED IN ERROR***RESPONSE in Opposition re #26 Opposed MOTION to Change Venue to the Northern District of California filed by Implicit, LLC. (Attachments: #1 Balassanian Declaration in Support, #2 Germinario Declaration in Support, #3 Exhibit 18, #4 Exhibit 19, #5 Exhibit 20, #6 Exhibit 21, #7 Exhibit 22, #8 Exhibit 23, #9 Exhibit 24, #10 Exhibit 25, #11 Exhibit 26, #12 Exhibit 27, #13 Exhibit 28, #14 Exhibit 29, #15 Text of Proposed Order)(Germinario, Francesca) Modified on 7/3/2019 (ch, ). [Transferred from Texas Eastern on 3/29/2021.]
June 10, 2019 Opinion or Order Filing 29 ORDER - Attorney Patrick Shaw Salceda terminated.. Signed by Magistrate Judge Roy S. Payne on 6/10/2019. (nkl, ) [Transferred from Texas Eastern on 3/29/2021.]
June 5, 2019 Opinion or Order Filing 28 CONSOLIDATION ORDER - The above-captioned cases are hereby ORDERED to be CONSOLIDATED for all pretrial issues with the LEAD CASE, Cause No. 2:19-cv-00040. All parties are instructed to file any future filings in the LEAD CASE. Individual cases remain active for trial., Cases associated.. Signed by District Judge Rodney Gilstrap on 6/5/2019. (nkl, ) [Transferred from Texas Eastern on 3/29/2021.]
June 4, 2019 Filing 27 NOTICE of Attorney Appearance by Deron R Dacus on behalf of Fortinet, Inc. (Dacus, Deron) [Transferred from Texas Eastern on 3/29/2021.] Modified on 3/29/2021 (apk).
June 4, 2019 Filing 26 Opposed MOTION to Change Venue to the Northern District of California by Fortinet, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Declaration of William Cooper, #19 Proposed Order)(Gaudet, Matthew) Modified on 12/10/2019 (klc, ). [Transferred from Texas Eastern on 3/29/2021.]
May 22, 2019 Filing 25 NOTICE of Attorney Appearance by Alice E Snedeker on behalf of Fortinet, Inc. (Snedeker, Alice) [Transferred from Texas Eastern on 3/29/2021.] Modified on 3/29/2021 (apk).
May 20, 2019 Filing 24 NOTICE of Attorney Appearance - Pro Hac Vice by Darrell Atkinson on behalf of All Plaintiffs. Filing fee $ 100, receipt number 0540-7275844. (Atkinson, Darrell) [Transferred from Texas Eastern on 3/29/2021.]
May 7, 2019 Filing 23 NOTICE of Readiness for Scheduling Conference by Implicit, LLC (Davis, William) [Transferred from Texas Eastern on 3/29/2021.]
May 6, 2019 Filing 22 NOTICE of Attorney Appearance by Christopher Joseph Tyson on behalf of Fortinet, Inc. (Tyson, Christopher) [Transferred from Texas Eastern on 3/29/2021.] Modified on 3/29/2021 (apk).
May 6, 2019 Filing 21 NOTICE of Attorney Appearance by John R Gibson on behalf of Fortinet, Inc. (Gibson, John) [Transferred from Texas Eastern on 3/29/2021.] Modified on 3/29/2021 (apk).
May 3, 2019 Filing 20 NOTICE of Attorney Appearance by Matthew Christopher Gaudet on behalf of Fortinet, Inc. (Gaudet, Matthew) [Transferred from Texas Eastern on 3/29/2021.] Modified on 3/29/2021 (apk).
May 2, 2019 Filing 19 NOTICE of Attorney Appearance by David C Dotson on behalf of Fortinet, Inc. (Dotson, David) [Transferred from Texas Eastern on 3/29/2021.] Modified on 3/29/2021 (apk).
May 2, 2019 Filing 18 CORPORATE DISCLOSURE STATEMENT filed by Fortinet, Inc. (Salceda, Patrick) [Transferred from Texas Eastern on 3/29/2021.]
May 2, 2019 Filing 17 ANSWER to #15 Amended Complaint,, by Fortinet, Inc..(Salceda, Patrick) [Transferred from Texas Eastern on 3/29/2021.]
April 2, 2019 Defendant's Unopposed First Application for Extension of Time to Answer Complaint is granted pursuant to Local Rule CV-12 for Fortinet, Inc. to 5/2/2019. 30 Days Granted for Deadline Extension.( nkl, ) [Transferred from Texas Eastern on 3/29/2021.]
April 1, 2019 Filing 16 Defendant's Unopposed First Application for Extension of Time to Answer First Amended Complaint re Fortinet, Inc.(Salceda, Patrick) [Transferred from Texas Eastern on 3/29/2021.]
March 19, 2019 Filing 15 AMENDED COMPLAINT - FIRST Amended Complaint for Patent Infringement against Fortinet, Inc., filed by Implicit, LLC. (Attachments: #1 Exhibit 1 - U.S. Patent No. 8,056,075, #2 Exhibit 2 - U.S. Patent No. 8,856,779, #3 Exhibit 3 - U.S. Patent No. 9,325,740, #4 Exhibit 4 - U.S. Patent No. 8,694,683, #5 Exhibit 5 - U.S. Patent No. 9,270,790, #6 Exhibit 6 - U.S. Patent No. 9,591,104, #7 Exhibit 7 - U.S. Patent No. 10,027,780, #8 Exhibit 8 - U.S. Patent No. 10,033,839, #9 Exhibit 9 - U.S. Patent No. 10,225,378)(Davis, William) [Transferred from Texas Eastern on 3/29/2021.]
March 15, 2019 Defendant's Unopposed FIRST Application for Extension of Time to Answer Complaint is granted pursuant to Local Rule CV-12 for Fortinet, Inc. to 4/22/2019. 30 Days Granted for Deadline Extension.( ch, ) [Transferred from Texas Eastern on 3/29/2021.]
March 15, 2019 Filing 14 Defendant's Unopposed First Application for Extension of Time to Answer Complaint re Fortinet, Inc.(Salceda, Patrick) [Transferred from Texas Eastern on 3/29/2021.]
March 15, 2019 ***FILED IN ERROR. ATTY WILL REFILE Document # 13, Application for Extension of Time. PLEASE IGNORE.*** (ch, ) [Transferred from Texas Eastern on 3/29/2021.]
March 15, 2019 ***FILED IN ERROR***Defendant's Unopposed FIRST Application for Extension of Time to Answer Complaint is granted pursuant to Local Rule CV-12 for Fortinet, Inc. to 4/1/2019. 30 Days Granted for Deadline Extension.( ch, ) Modified on 3/15/2019 (ch, ). [Transferred from Texas Eastern on 3/29/2021.]
March 14, 2019 Filing 13 ***FILED IN ERROR***Defendant's Unopposed First Application for Extension of Time to Answer Complaint re Fortinet, Inc.(Salceda, Patrick) Modified on 3/15/2019 (ch, ). [Transferred from Texas Eastern on 3/29/2021.]
March 8, 2019 Filing 12 SUMMONS Returned Executed by Implicit, LLC. Fortinet, Inc. served on 2/28/2019, answer due 3/21/2019. (Davis, William) [Transferred from Texas Eastern on 3/29/2021.]
February 28, 2019 Filing 11 NOTICE of Attorney Appearance by Christian J Hurt on behalf of Implicit, LLC (Hurt, Christian) [Transferred from Texas Eastern on 3/29/2021.] Modified on 3/29/2021 (apk).
February 22, 2019 Filing 10 SUMMONS Issued as to Fortinet, Inc.. (ch, ) [Transferred from Texas Eastern on 3/29/2021.]
February 22, 2019 Opinion or Order Filing 9 ORDER REFERRING CASE to Magistrate Judge Roy S. Payne. Signed by District Judge Rodney Gilstrap on 2/22/2019. (ch, ) [Transferred from Texas Eastern on 3/29/2021.]
February 22, 2019 Filing 8 Notice of Filing of Patent/Trademark Form (AO 120). AO 120 mailed to the Director of the U.S. Patent and Trademark Office. (Davis, William) [Transferred from Texas Eastern on 3/29/2021.]
February 22, 2019 Filing 7 DEMAND for Trial by Jury by Implicit, LLC. (Davis, William) [Transferred from Texas Eastern on 3/29/2021.]
February 22, 2019 Filing 6 CORPORATE DISCLOSURE STATEMENT filed by Implicit, LLC (Davis, William) [Transferred from Texas Eastern on 3/29/2021.]
February 22, 2019 Filing 5 NOTICE of Attorney Appearance by Edward Chin on behalf of Implicit, LLC (Chin, Edward) [Transferred from Texas Eastern on 3/29/2021.] Modified on 3/29/2021 (apk).
February 22, 2019 Filing 4 NOTICE of Attorney Appearance by Debra Coleman on behalf of Implicit, LLC (Coleman, Debra) [Transferred from Texas Eastern on 3/29/2021.] Modified on 3/29/2021 (cna, ).
February 6, 2019 Filing 3 NOTICE of Attorney Appearance - Pro Hac Vice by Brandon C. Martin on behalf of Implicit, LLC. Filing fee $ 100, receipt number 0540-7129144. (Martin, Brandon) [Transferred from Texas Eastern on 3/29/2021.] Modified on 3/29/2021 (apk).
February 6, 2019 Filing 2 NOTICE of Attorney Appearance - Pro Hac Vice by Spencer Hosie on behalf of Implicit, LLC. Filing fee $ 100, receipt number 0540-7129074. (Hosie, Spencer) [Transferred from Texas Eastern on 3/29/2021.] Modified on 3/29/2021 (cna, ).
February 4, 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. (nkl, ) [Transferred from Texas Eastern on 3/29/2021.]
February 4, 2019 Filing 1 COMPLAINT for Patent Infringement against Fortinet, Inc. ( Filing fee $ 400 receipt number 0540-7124813.), filed by Implicit, LLC. (Attachments: #1 Exhibit 1 - U.S. Patent No. 8,056,075, #2 Exhibit 2 - U.S. Patent No. 8,856,779, #3 Exhibit 3 - U.S. Patent No. 9,325,740, #4 Exhibit 4 - U.S. Patent No. 8,694,683, #5 Exhibit 5 - U.S. Patent No. 9,270,790, #6 Exhibit 6 - U.S. Patent No. 9,591,104, #7 Exhibit 7 - U.S. Patent No. 10,027,780, #8 Exhibit 8 - U.S. Patent No. 10,033,839, #9 Civil Cover Sheet)(Davis, William) [Transferred from Texas Eastern on 3/29/2021.]

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Defendant: Fortinet Inc.
Represented By: Richard L. Renck
Represented By: Alice E. Snedeker
Represented By: Matthew C. Gaudet
Represented By: Christopher J. Tyson
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Plaintiff: Implicit, LLC
Represented By: Timothy Devlin
Represented By: James Michael Lennon
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