Sapphire Crossing LLC v. Workday, Inc.
| Sapphire Crossing LLC |
| Workday, Inc. |
| 1:2021cv00479 |
| March 31, 2021 |
| US District Court for the District of Delaware |
| Christopher J Burke |
| Maryellen Noreika |
| Patent |
| 35 U.S.C. ยง 271 |
| Plaintiff |
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Filing 14
ORAL ORDER: IT IS HEREBY ORDERED that the parties shall meet and confer and discuss, in person and/or by telephone, each of the matters listed on Judge Burke's Case Management Checklist ("Checklist"). Within thirty (30) days from the date of this Order, the parties shall jointly file the following: (i) a copy of the Checklist, indicating the names of Lead Counsel and Delaware Counsel for each party; (ii) a proposed Scheduling Order, which is consistent with Judge Burke's "Rule 16 Scheduling Order Patent" up through and including paragraph number 16 (i.e., regarding the portions of the case schedule leading up to but not including the case dispositive motion stage of the case) and that is consistent with paragraphs 15-22 of Judge Noreika's "Patent Scheduling Order - Non-ANDA" (i.e., regarding the portions of the case schedule from the case dispositive motion stage through post-trial motions); 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 Noreika's portions of the District Court's website. Ordered by Judge Christopher J. Burke on 5/25/2021. (dlb)
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| MOTION REFERRED per previous referral order: #10 MOTION to Dismiss for Failure to State a Claim Motion referred to Christopher J. Burke.(dlb) |
| Filing 13 Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Workday, Inc.. (Anderson, Jeremy) |
| Filing 12 ANSWER to #1 Complaint, with Jury Demand Affirmative Defenses and, COUNTERCLAIM against Sapphire Crossing LLC by Workday, Inc..(Anderson, Jeremy) |
| Filing 11 OPENING BRIEF in Support re #10 MOTION to Dismiss for Failure to State a Claim filed by Workday, Inc..Answering Brief/Response due date per Local Rules is 6/7/2021. (Anderson, Jeremy) |
| Filing 10 MOTION to Dismiss for Failure to State a Claim - filed by Workday, Inc.. (Attachments: #1 Text of Proposed Order)(Anderson, Jeremy) |
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SO ORDERED D.I. (9 in 1:21-cv-00479-MN-CJB) MOTION for Pro Hac Vice Appearance of Attorney Neil J. McNabnay, Ricardo J. Bonilla, Aaron P. Pirouznia and Adil A. Shaikh filed by Workday, Inc., and D.I. (15 in 1:21-cv-00297-MN-CJB) MOTION for Pro Hac Vice Appearance of Attorney Neil J. McNabnay, Ricardo J. Bonilla, Aaron P. Pirouznia and Adil A. Shaikh filed by Shoeboxed Inc. Ordered by Judge Christopher J. Burke on 5/14/2021. Associated Cases: 1:21-cv-00479-MN-CJB, 1:21-cv-00297-MN-CJB(dlb)
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| Pro Hac Vice Attorneys Neil J. McNabnay, Ricardo J. Bonilla, Aaron P. Pirouznia, Adil A. Shaikh for Workday, 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) |
| Filing 9 MOTION for Pro Hac Vice Appearance of Attorney Neil J. McNabnay, Ricardo J. Bonilla, Aaron P. Pirouznia and Adil A. Shaikh - filed by Workday, Inc.. Motions referred to Christopher J. Burke.(Anderson, Jeremy) |
| Filing 8 STIPULATION TO EXTEND TIME Answer complaint to May 24, 2021 - filed by Workday, Inc.. (Anderson, Jeremy) |
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SO ORDERED D.I. #8 STIPULATION TO EXTEND TIME Answer complaint to May 24, 2021 filed by Workday, Inc. Ordered by Judge Christopher J. Burke on 4/22/2021. (dlb)
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| 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/ded/files/forms/StandingOrder2017.pdf (dlb) |
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Filing 7
ORAL ORDER REFERRING CASE to Magistrate Judge Christopher J. Burke - IT IS HEREBY ORDERED that this case is referred to Magistrate Judge Christopher J. Burke to hear and resolve all pre-trial matters up to and including expert discovery matters (but not including summary judgment motions, Daubert motions, pre-trial motions in limine or the pre-trial conference), subject to 28 U.S.C. 636(b) and any further Order of the Court. All subsequent filings in this action shall be captioned as follows: Civil Action No. 21-479-MN-CJB. ORDERED by Judge Maryellen Noreika on 4/7/2021. (dlw)
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| Case Assigned to Judge Maryellen Noreika. Please include the initials of the Judge (MN) after the case number on all documents filed. Associated Cases: 1:21-cv-00474-MN, 1:21-cv-00479-MN (rjb) |
| Filing 6 SUMMONS Returned Executed by Sapphire Crossing LLC. Workday, Inc. served on 4/1/2021, answer due 4/22/2021. (Chong, Jimmy) |
| Filing 5 Summonses Issued (please complete the top portion of the form and print out for use/service). (nmg) |
| Filing 4 Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Sapphire Crossing LLC. (nmg) |
| Filing 3 Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 6,891,633. (nmg) |
| Filing 2 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (nmg) |
| Filing 1 COMPLAINT for PATENT INFRINGEMENT filed with Jury Demand against Workday, Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 402, receipt number ADEDC-3583224.) - filed by Sapphire Crossing LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Civil Cover Sheet)(nmg) |
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