Getty Images (US), Inc. v. Stability AI, Inc.
| Getty Images (US), Inc. |
| Stability AI, Inc. and Stability AI, Ltd. |
| 1:2023cv00135 |
| February 3, 2023 |
| US District Court for the District of Delaware |
| Gregory B Williams |
| Patent |
| 17 U.S.C. § 501 Copyright Infringement |
| Plaintiff |
Docket Report
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| Filing 38 NOTICE to Take Deposition of Peter O'Donoghue on February 22, 2024 filed by Getty Images (US), Inc..(Vrana, Robert) |
| Filing 37 NOTICE OF SERVICE of (1) Stability AI Ltd.'s Second Supplemental Objections and Responses to Plaintiff's Jurisdictional Interrogatories Nos. 2 and 12; and (2) Stability AI, Inc.'s Second Supplemental Objections and Responses to Plaintiff's Jurisdictional Interrogatory No. 7 - filed by Stability AI, Inc., Stability AI, Ltd..(Flynn, Michael) |
Filing 36
ORAL ORDER: Defendants' Motion to Dismiss or Transfer (D.I. 16 ) is DISMISSED without prejudice to re-file after the conclusion of jurisdictional discovery. Ordered by Judge Jennifer L. Hall on 1/26/2024. (ceg)
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| Filing 35 Pro Hac Vice Fee - Credit Card Payment received for Joseph C. Gratz, Allyson R. Bennett, Timothy Chen Saulsbury, Aditya V. Kamdar, and Laura Gilbert Remus. ( re 34 MOTION for Pro Hac Vice Appearance of Attorney Joseph C. Gratz, Allyson R. Bennett, Timothy Chen Saulsbury, Aditya V. Kamdar and Laura Gilbert Remus )( Payment of $ 250, receipt number ADEDC-4323110).(Flynn, Michael) |
| Filing 34 MOTION for Pro Hac Vice Appearance of Attorney Joseph C. Gratz, Allyson R. Bennett, Timothy Chen Saulsbury, Aditya V. Kamdar and Laura Gilbert Remus - filed by Stability AI, Inc., Stability AI, Ltd.. (Flynn, Michael) |
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SO ORDERED, re 34 Motion for Pro Hac Vice Appearance of Attorney Joseph C. Gratz, Allyson R. Bennett, Timothy Chen Saulsbury, Aditya V. Kamdar and Laura Gilbert Remus filed by Stability AI, Ltd., Stability AI, Inc. Ordered by Judge Jennifer L. Hall on 1/26/2024. (ceg)
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| Case Reassigned to Judge Jennifer L. Hall. Please include the initials of the Judge (JLH) after the case number on all documents filed. (rjb) |
| Filing 33 Letter to The Honorable Gregory B. Williams from Michael Flynn regarding response to Getty Images (US), Inc.'s October 9, 2023 Discovery Dispute Letter - re 32 Letter. (Flynn, Michael) |
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SO ORDERED, re 31 MOTION for Pro Hac Vice Appearance of Attorney Brian Liegel filed by Getty Images (US), Inc. Signed by Judge Gregory B. Williams on 10/11/23. (ntl)
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| Filing 32 Letter to The Honorable Gregory B. Williams from Robert M. Vrana regarding Discovery Dispute - re 30 Order,,,,,. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Text of Proposed Order)(Vrana, Robert) |
| Filing 31 MOTION for Pro Hac Vice Appearance of Attorney Brian Liegel - filed by Getty Images (US), Inc.. (Vrana, Robert) |
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Filing 30
ORAL ORDER: Having reviewed the parties' letters concerning their discovery dispute (D.I. 25; D.I. 27) and Plaintiff's request for oral argument (D.I. 28), IT IS HEREBY ORDERED that Plaintiff's request for jurisdictional discovery is GRANTED. On or before October 2, 2023, the parties shall meet and confer and attempt to reach agreement on a reasonable and limited scope and schedule for jurisdictional discovery of Stability AI, LLC and Stability AI, Ltd for purposes of Plaintiff's alter-ego theory. If the parties are unable to reach agreement on the reasonable and limited scope and/or schedule for the jurisdictional discovery, Plaintiff, on or before Monday, October 9, 2023, shall file with the Court its opening letter, not to exceed three (3) pages, containing its proposed jurisdictional discovery and schedule, what issues remain in dispute, and its position on those issues. On or before Monday, October 16, 2023, Defendants shall file its answering letter, not to exceed three (3) pages, setting forth its positions on the issues in dispute and its specific alternative proposals, if any. The parties shall provide the Court with two (2) courtesy paper copies of their respective letters with hard tabs inserted before any exhibits. If the Court determines that the dispute cannot be resolved based on the parties' letter submissions, the Court will schedule a discovery teleconference at a later date. ORDERED by Judge Gregory B. Williams on 9/22/23. (ntl)
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| Filing 29 Letter to The Honorable Gregory B. Williams from Robert M. Vrana regarding Plaintiffs' Request for Oral Argument. (Vrana, Robert) |
| Filing 28 REQUEST for Oral Argument by Getty Images (US), Inc.. (Vrana, Robert) |
| Filing 27 Letter to The Honorable Gregory B. Williams from Michael J. Flynn regarding discovery dispute - re 25 Letter. (Flynn, Michael) |
| Filing 26 REDACTED VERSION of 25 Letter by Getty Images (US), Inc.. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit A - E)(Vrana, Robert) |
| Filing 25 [SEALED] Letter to The Honorable Gregory B. Williams from Robert M. Vrana regarding Discovery Dispute - re 24 Oral Order,,,. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit A - E)(Vrana, Robert) |
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Filing 24
ORAL ORDER: Having reviewed the parties' letter requesting a discovery teleconference (D.I. 23), IT IS HEREBY ORDERED that, by no later than 5:00 p.m. on Tuesday, July 18, 2023, any party seeking relief shall file with the Court a letter, not to exceed three (3) pages, outlining the issues in dispute and its position on those issues. Not later than 5:00 p.m. on Thursday, July 20, 2023, any party opposing the application for relief may file a letter, not to exceed three (3) pages, outlining that party's reasons for its opposition. The parties shall provide the Court with two (2) courtesy paper copies of the respective letters with hard tabs inserted before any exhibits. If the Court determines that the dispute cannot be resolved based on the parties' letter submissions, the Court will schedule a discovery teleconference at a later date. ORDERED by Judge Gregory B. Williams on 7/14/2023. (etg)
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| Filing 23 Joint Letter to The Honorable Gregory B. Williams from Robert M. Vrana regarding Discovery Dispute. (Vrana, Robert) |
| Filing 22 NOTICE OF SERVICE of (1) Stability AI Ltd.'s Objections and Responses to Plaintiff's Jurisdictional Interrogatories; (2) Stability AI Ltd.'s Objections and Responses to Plaintiff's Jurisdictional Interrogatories; (3) Stability AI, Inc.'s Objections and Responses to Plaintiff's Jurisdictional Interrogatories; and (4) Stability AI, Inc.'s Objections and Responses to Plaintiff's Jurisdictional Requests for the Production of Documents - filed by Stability AI, Inc., Stability AI, Ltd..(Flynn, Michael) |
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SO ORDERED, re 21 STIPULATION and Order regarding Jurisdictional Discovery and Motion to Dismiss Briefing filed by Getty Images (US), Inc. Signed by Judge Gregory B. Williams on 6/9/23. (ntl)
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| Filing 21 STIPULATION regarding Jurisdictional Discovery and Motion to Dismiss Briefing by Getty Images (US), Inc.. (Vrana, Robert) |
| Filing 20 NOTICE OF SERVICE of 1) Plaintiff's Jurisdictional Interrogatories to Defendant Stability AI, Ltd.; 2) Plaintiff's Jurisdictional Requests for the Production of Documents to Defendant Stability AI, Ltd.; 3) Plaintiff's Jurisdictional Interrogatories to Defendant Stability AI, Inc.; and 4) Plaintiff's Jurisdictional Requests for the Production of Documents to Defendant Stability AI, Inc. filed by Getty Images (US), Inc..(Vrana, Robert) |
| Filing 19 Amended Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Stability AI, Inc. for Stability AI, Ltd.; Corporate Parent no parent corporation for Stability AI, Inc. filed by Stability AI, Inc., Stability AI, Ltd.. (Flynn, Michael) |
| Filing 18 DECLARATION re 16 MOTION to Dismiss for Lack of Jurisdiction Over the Person MOTION to Dismiss for Failure to Join a Party MOTION to Dismiss for Failure to State a Claim MOTION to Transfer Case to Northern District of California -- Declaration of Peter O'Donoghue -- by Stability AI, Inc., Stability AI, Ltd.. (Attachments: # 1 Exhibit A)(Flynn, Michael) |
| Filing 17 OPENING BRIEF in Support re 16 MOTION to Dismiss for Lack of Jurisdiction Over the Person MOTION to Dismiss for Failure to Join a Party MOTION to Dismiss for Failure to State a Claim MOTION to Transfer Case to Northern District of California - filed by Stability AI, Inc., Stability AI, Ltd..Answering Brief/Response due date per Local Rules is 5/16/2023. (Flynn, Michael) |
| Filing 16 MOTION to Dismiss for Lack of Jurisdiction Over the Person , MOTION to Dismiss for Failure to Join a Party , MOTION to Dismiss for Failure to State a Claim , MOTION to Transfer Case to Northern District of California - filed by Stability AI, Inc., Stability AI, Ltd.. (Flynn, Michael) |
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SO ORDERED, re 15 STIPULATION TO EXTEND TIME (1) for Defendants to answer, move or otherwise respond to the Amended Complaint (D.I. 13) to 5/2/23 and (2) if Defendants file a motion in response to the Complaint, the time for Plaintiff to file an answering brief in opposition to 6/16/23 filed by Stability AI, Ltd., Stability AI, Inc. Signed by Judge Gregory B. Williams on 4/25/23. (ntl)
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| Filing 15 STIPULATION TO EXTEND TIME (1) for Defendants to answer, move or otherwise respond to the Amended Complaint (D.I. 13) and (2) if Defendants file a motion in response to the Complaint, the time for Plaintiff to file an answering brief in opposition to any such motion to May 2, 2023 and June 16, 2023, respectively - filed by Stability AI, Inc., Stability AI, Ltd.. (Flynn, Michael) |
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SO ORDERED, re 14 STIPULATION TO EXTEND TIME for (1) The time for Defendants to answer, move or otherwise respond to the Amended Complaint (D.I. 13) by 4/25/23 and (2) If Defendants file a motion in response to the Complaint, the time for Plaintiff to file an answering brief in opposition is due by 6/9/23 filed by Stability AI, Ltd., Stability AI, Inc. Signed by Judge Gregory B. Williams on 4/13/23. (ntl)
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| Filing 14 STIPULATION TO EXTEND TIME for (1) The time for Defendants to answer, move or otherwise respond to the Amended Complaint (D.I. 13) and (2) If Defendants file a motion in response to the Complaint, the time for Plaintiff to file an answering brief in opposition to any such motion to April 25, 2023 and June 9, 2023, respectively - filed by Stability AI, Inc., Stability AI, Ltd.. (Flynn, Michael) |
| Filing 13 AMENDED COMPLAINT against Stability AI, Inc., Stability AI, Ltd.- filed by Getty Images (US), Inc.. (Attachments: # 1 Exhibit A - B)(Mercer, Tammy) |
| Filing 12 STIPULATION TO EXTEND TIME (1) for Defendant to answer, move or otherwise respond to the Complaint; and (2) if Defendant files a motion in response to the Complaint, the time for Plaintiff to file an answering brief in opposition to any such motion to April 18, 2023 and June 2, 2023, respectively - filed by Stability AI, Inc.. (Flynn, Michael) |
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SO ORDERED, re 12 STIPULATION TO EXTEND TIME (1) for Defendant to answer, move or otherwise respond to the Complaint to 4/18/23; and (2) if Defendant files a motion in response to the Complaint, the time for Plaintiff to file an answering brief in opposition to any such motion due by 6/2/23 filed by Stability AI, Inc. Signed by Judge Gregory B. Williams on 2/24/23. (ntl)
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| Pro Hac Vice Attorney Amir R. Ghavi and Michael C. Keats for Stability AI, 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. (mpb) |
| Pro Hac Vice Attorney Nicole M. Jantzi and Paul M. Schoenhard for Stability AI, 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. (mpb) |
| Pro Hac Vice Attorney Jared R. Friedmann, Benjamin E. Marks, and Melissa Rutman for Getty Images (US), 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. (mpb) |
| Filing 11 Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Stability AI, Inc.. (Flynn, Michael) |
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SO ORDERED, re 7 MOTION for Pro Hac Vice Appearance of Attorney Benjamin E. Marks, Esquire, Jared R. Friedmann, Esquire, and Melissa Rutman, Esquire filed by Getty Images (US), Inc., 10 MOTION for Pro Hac Vice Appearance of Attorney Nicole M. Jantzi, Paul M. Schoenhard, Michael C. Keats and Amir R. Ghavi filed by Stability AI, Inc. Signed by Judge Gregory B. Williams on 2/10/23. (ntl)
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| Filing 10 MOTION for Pro Hac Vice Appearance of Attorney Nicole M. Jantzi, Paul M. Schoenhard, Michael C. Keats and Amir R. Ghavi - filed by Stability AI, Inc.. (Flynn, Michael) |
| Filing 9 NOTICE of Appearance by Michael J. Flynn on behalf of Stability AI, Inc. (Flynn, Michael) |
| Case Assigned to Judge Gregory B. Williams. Please include the initials of the Judge (GBW) after the case number on all documents filed. (rjb) |
| Filing 8 SUMMONS Returned Executed by Getty Images (US), Inc..Stability AI, Inc. served on 2/6/2023, answer due 2/27/2023. (Vrana, Robert) |
| Filing 7 MOTION for Pro Hac Vice Appearance of Attorneys Benjamin E. Marks, Esquire, Jared R. Friedmann, Esquire, and Melissa Rutman, Esquire - filed by Getty Images (US), Inc. (twk) |
| Filing 6 Summons Issued as to Stability AI, Inc. on 2/6/2023. (twk) |
| Filing 5 Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Getty Images Holdings, Inc. for Getty Images (US), Inc. filed by Getty Images (US), Inc. (twk) |
| Filing 4 Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 2,656,652; 2,837,208; 2,842,851; 2,844,647; 3,603,335; 4,968,996; 4,968,997; 5,200,414. (twk) |
| Filing 3 Report to the Register of Copyrights for Copyright Number(s): See attached. (twk) |
| Filing 2 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (twk) |
| Filing 1 COMPLAINT filed with Jury Demand against Stability AI, Inc. ( Filing fee $ 402, receipt number ADEDC-4059966.) - filed by Getty Images (US), Inc. (Attachments: # 1 Exhibit A-B, # 2 Civil Cover Sheet)(twk) |
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