Diogenes Limited et al. v. DraftKings Inc.
| Diogenes Limited and Colossus (IOM) Limited |
| DraftKings Inc. |
| 1:2021cv01695 |
| December 1, 2021 |
| US District Court for the District of Delaware |
| Christopher J Burke |
| Maryellen Noreika |
| Patent |
| 35 U.S.C. § 271 |
| Plaintiff |
Docket Report
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Filing 15
Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 11,200,779 ;8,721,439 ;9,117,341 ;9,275,516 ;9,424,716 ;9,704,338 ;10,970,969; 10,997,822 Amended Report. (Biggs, Brian)
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Filing 14
First AMENDED COMPLAINT First Amended Complaint for Patent Infringement against DraftKings Inc.- filed by Diogenes Limited, Colossus (IOM) Limited. (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 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22)(Biggs, Brian)
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Filing 13
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 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 (ii) 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 2/4/2022. (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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Remark: The parties should follow the Court's Standing Order Regarding Courtesy Copies, a copy of which is found on Judge Burke's portion of the District Court's webpage: https://www.ded.uscourts.gov/judge/magistrate-judge-christopher-j-burke (dlb)
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MOTION REFERRED: #9 MOTION to Dismiss for Failure to State a Claim Motion referred to Christopher J. Burke.(dlb)
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Filing 12
ORAL ORDER REFERRING CASE to Magistrate Judge Christopher J. Burke - IT IS HEREBY ORDERED that this case (including the pending #9 motion) 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. 21-1695-MN-CJB. ORDERED by Judge Maryellen Noreika on 2/3/2022. Motions referred to Christopher J. Burke.(dlw)
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Filing 11
Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent DraftKings Inc., a Nevada corporation for DraftKings Inc. filed by DraftKings Inc.. (Smith, Rodger)
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Filing 10
OPENING BRIEF in Support re #9 MOTION to Dismiss for Failure to State a Claim filed by DraftKings Inc..Answering Brief/Response due date per Local Rules is 2/7/2022. (Attachments: #1 Exhibits A-B)(Smith, Rodger)
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Filing 9
MOTION to Dismiss for Failure to State a Claim - filed by DraftKings Inc.. (Smith, Rodger)
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Filing 8
STIPULATION TO EXTEND TIME for defendant DraftKings, Inc. to move, answer, or otherwise respond to the Complaint for Infringement of Patent (D.I. 1) to January 24, 2022 - filed by DraftKings Inc.. (Smith, Rodger)
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SO ORDERED re #8 STIPULATION TO EXTEND TIME for defendant DraftKings, Inc. to move, answer, or otherwise respond to the Complaint for Infringement of Patent to January 24, 2022 (Set/Reset Answer Deadlines: DraftKings Inc. answer due 1/24/2022). ORDERED by Judge Maryellen Noreika on 12/17/2021. (dlw)
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Case Reassigned to Judge Maryellen Noreika. Please include the initials of the Judge (MN) after the case number on all documents filed. (rjb)
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SO ORDERED, re #6 MOTION for Pro Hac Vice Appearance of Attorney Paul A. Taufer, Michael L Burns, Steven M. Kellner, Gregory Ferroni filed by Colossus (IOM) Limited, Diogenes Limited. Signed by Judge Colm F. Connolly on 12/8/2021. (nmf)
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Case Assigned to Judge Colm F. Connolly. Please include the initials of the Judge (CFC) after the case number on all documents filed. (rjb)
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Pro Hac Vice Attorneys Michael L. Burns,Gregory Ferroni,Steven M. Kellner, and Paul A. Taufer for Colossus (IOM) Limited and Diogenes Limited 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. (srs)
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Filing 7
AFFIDAVIT of Service for Summons in a Civil Action and Complaint with Supporting Documents served on DraftKings, Inc. a Delaware Corporation - received by Delia Bleiler, Senior Workplace Experience Specialist on December 2, 2021, filed by Colossus (IOM) Limited, Diogenes Limited. (Biggs, Brian)
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Filing 6
MOTION for Pro Hac Vice Appearance of Attorney Paul A. Taufer, Michael L Burns, Steven M. Kellner, Gregory Ferroni - filed by Colossus (IOM) Limited, Diogenes Limited. (Attachments: #1 Text of Proposed Order, #2 Certification of Paul A. Taufer, #3 Certification of Michael L. Burns, #4 Certification of Steven M. Kellner, #5 Certification of Gregory Ferroni)(Biggs, Brian)
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Filing 5
Summons Issued with Magistrate Consent Notice attached as to DraftKings Inc. on 12/1/2021. (twk)
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Filing 4
Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Colossus (IOM) Limited, Diogenes Limited. (twk)
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Filing 3
Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) US 8,721,439; US 9,117,341; US 9,275,516; US 9,424,716; US 9,704,338; US 10,970,969; US 10,997,822. (twk)
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Filing 2
Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (twk)
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Filing 1
COMPLAINT FOR PATENT INFRINGEMENT filed with Jury Demand against DraftKings Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 402, receipt number ADEDC-3753560.) - filed by Diogenes Limited and Colossus (IOM) Limited. (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 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Civil Cover Sheet)(twk)
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