Patent Asset Licensing, LLC v. Birch Communications, Inc.
Plaintiff: Patent Asset Licensing, LLC
Defendant: Birch Communications, Inc.
3Rd Party Defendant: MetaSwitch Networks Ltd, Inc. and Broadsoft, Inc.
Case Number: 3:2015cv00746
Filed: June 19, 2015
Court: US District Court for the Middle District of Florida
Office: Jacksonville Office
County: Duval
Presiding Judge: Timothy J Corrigan
Referring Judge: Monte C Richardson
Nature of Suit: Patent
Cause of Action: 35 U.S.C. § 271 Patent Infringement
Jury Demanded By: Both
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Docket Report

This docket was last retrieved on July 24, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 24, 2019 Filing 135 SUPPLEMENT re #134 Status report by Fusion Cloud Services, LLC. (Krimsky, Beth-Ann)
July 15, 2019 Filing 134 JOINT STATUS Report by Patent Asset Licensing, LLC (Bumgardner, Barry). Modified on 7/16/2019 to edit text (JSG).
July 11, 2019 Opinion or Order Filing 133 ORDER STAYING this case pending the resolution of Defendant Fusion Cloud Services, LLC's case in the United States Bankruptcy Court for the Southern District of New York. The parties, including Third Party Defendants, shall file a joint notice no later than 30 days after the resolution of the bankruptcy case stating how they wish to proceed. The case shall remain administratively closed. Signed by Judge Timothy J. Corrigan on 7/11/2019. (SEJ)
June 28, 2019 Opinion or Order Filing 132 ENDORSED ORDER granting #130 Defendant's unopposed Motion for Substitution of Party and to Modify Official Caption. The Clerk of the Court is directed to make the following change to the case caption: change Defendant Birch Communications, Inc.'s name to Fusion Cloud Services, LLC, formerly known as Birch Communications, Inc. Signed by Magistrate Judge Monte C. Richardson on 6/28/2019. (MM)
June 27, 2019 Filing 131 NOTICE of Bankruptcy Filing and Imposition of Automatic Stay Pursuant to Section 362(a) of the Bankruptcy Code by Birch Communications, Inc. (Attachments: #1 Exhibit A)(Krimsky, Beth-Ann). Modified on 6/28/2019 to edit text (JSG).
June 27, 2019 Filing 130 MOTION to Substitute Party and to Modify Official Caption by Birch Communications, Inc.. (Krimsky, Beth-Ann)
April 16, 2019 Filing 129 JOINT STATUS Report by Patent Asset Licensing, LLC (Bumgardner, Barry). Modified on 4/17/2019 to edit text (JSG).
January 7, 2019 Filing 128 JOINT STATUS Report by Patent Asset Licensing, LLC (Bumgardner, Barry). Modified on 1/8/2019 to edit text (JSG).
October 16, 2018 Filing 127 AMENDED CERTIFICATE of interested persons and corporate disclosure statement by Birch Communications, Inc. (Davis, Gardiner). Modified on 10/16/2018 to edit text (JSG).
October 9, 2018 Filing 126 JOINT STATUS Report by Patent Asset Licensing, LLC (Bumgardner, Barry). Modified on 10/9/2018 to edit text (JSG).
July 9, 2018 Filing 125 JOINT STATUS Report by Patent Asset Licensing, LLC (Vecchione, Anthony). Modified on 7/10/2018 to edit text (JSG).
April 6, 2018 Filing 124 JOINT STATUS Report by Patent Asset Licensing, LLC (Vecchione, Anthony). Modified on 4/9/2018 to edit text (JSG).
January 2, 2018 Filing 123 Joint STATUS Report by Patent Asset Licensing, LLC. (Vecchione, Anthony) Modified on 1/3/2018 to edit text. (TMC)
December 5, 2017 Opinion or Order Filing 122 ENDORSED ORDER construing as a motion and granting #121 Notice of Withdrawal of Counsel. Attorney Timothy J. McDermott is relieved of any further responsibility as co-counsel for Third-Party Defendant Metaswitch Networks, Ltd., Inc. in this matter. However, Attorney McDermott shall comply with all applicable obligations on withdrawing counsel, including any applicable Bar rules. Signed by Magistrate Judge Monte C. Richardson on 12/5/2017. (MEH)
December 1, 2017 Filing 121 NOTICE by MetaSwitch Networks Ltd, Inc. of Withdrawal of Counsel (McDermott, Timothy)
November 30, 2017 Filing 120 NOTICE of change of address by Kelly J. H. Garcia (Garcia, Kelly)
November 30, 2017 Filing 119 NOTICE of change of address by Thomas Todd Pittenger (Pittenger, Thomas)
October 2, 2017 Filing 118 Joint STATUS report, by Patent Asset Licensing, LLC. (Vecchione, Anthony) Modified on 10/3/2017 to edit text. (TMC)
July 11, 2017 Filing 117 NOTICE of Appearance by John R. Thomas on behalf of Patent Asset Licensing, LLC (Thomas, John)
July 5, 2017 Filing 116 STATUS report by Patent Asset Licensing, LLC. (Vecchione, Anthony)
April 5, 2017 Filing 115 STATUS report Joint Status Report by Patent Asset Licensing, LLC. (Vecchione, Anthony)
January 17, 2017 Opinion or Order Filing 114 ENDORSED ORDER granting #113 Unopposed Motion for substitution of local counsel. Attorney Robin Trupp is relieved of any further responsibility as co-counsel for Birch Communications, Inc. in this matter and Attorneys Beth-Ann Krimsky and Lawren Zann will be substituted in her place. However, Attorney Trupp shall comply with all applicable obligations on withdrawing counsel, including any applicable Bar rules. Signed by Magistrate Judge Monte C. Richardson on 1/17/2017. (MEH)
January 12, 2017 Filing 113 MOTION for miscellaneous relief, specifically Unopposed Motion to Revise Designation and Consent by Birch Communications, Inc.. (Krimsky, Beth-Ann)
January 5, 2017 Filing 112 STATUS report by Patent Asset Licensing, LLC. (Bumgardner, Barry)
January 4, 2017 Filing 111 NOTICE of Appearance by Beth-Ann E. Krimsky on behalf of Birch Communications, Inc. (Krimsky, Beth-Ann)
December 1, 2016 Opinion or Order Filing 110 ENDORSED ORDER granting #109 Unopposed Motion to withdraw as counsel. Attorney Andres Arrubla is relieved of any further responsibility as co-counsel for Plaintiff in this matter. However, Attorney Arrubla shall comply with all applicable obligations on withdrawing counsel, including any applicable Bar rules. Signed by Magistrate Judge Monte C. Richardson on 12/1/2016. (MEH)
November 30, 2016 Filing 109 Unopposed MOTION for Andres F. Arrubla to withdraw as attorney for Plaintiff Patent Asset Licensing, LLC by Patent Asset Licensing, LLC. (Vecchione, Anthony) Motions referred to Magistrate Judge Monte C. Richardson.
August 22, 2016 Opinion or Order Filing 108 ORDER granting motions to stay: (87) in case 3:15-cv-742-TJC-MCR; (57) in case 3:15-cv-743-TJC-MCR; (69) in case 3:15-cv-744-TJC-MCR; (105) in case 3:15-cv-746-TJC-MCR; (63), (64) in case 3:15-cv-747-TJC-MCR; vacating all deadlines in these cases; directing the Clerk to stay and administratively close these cases pending resolution of the petitions for inter partes review. The parties shall file a status report with respect to the inter partes review process by 1/5/17 and every 90 days thereafter until the PTAB proceedings have concluded. Signed by Judge Timothy J. Corrigan on 8/22/2016. (SEJ)
August 12, 2016 Filing 107 JOINT CLAIM Construction and Pre-Hearing Statement by Patent Asset Licensing, LLC (Attachments: #1 Exhibit A, #2 Exhibit B)(Vecchione, Anthony) Modified on 8/15/2016 to edit text (CKS).
August 10, 2016 Filing 106 RESPONSE in Opposition re #105 MOTION to stay Pending Inter Partes Review filed by Patent Asset Licensing, LLC. (Attachments: #1 Vecchione Declaration, #2 Exhibit A)(Vecchione, Anthony)
August 2, 2016 Filing 105 MOTION to stay Pending Inter Partes Review by Birch Communications, Inc.. (Attachments: #1 Exhibit Exhibit A)(Davis, Gardiner)
July 29, 2016 Opinion or Order Filing 104 ORDER granting the Second Joint Motion to Amend Case Management and Scheduling Orders. The parties shall file their Joint Claim Construction Statement by 8/12/16; the deadline to serve Opening Claim Construction Expert Reports is 8/12/16; the deadline to serve Responsive Claim Construction Expert Reports is 9/9/16; the deadline to Complete Claim Construction Discovery is 10/7/16; the deadline to file Opening Claim Construction Brief and Submit Technical Tutorials is 10/21/16; the deadline to file Responsive Claim Construction Briefs is 11/11/16. The Claim Construction Hearing is set for 1/5/17 at 9:30 A.M. Signed by Judge Timothy J. Corrigan on 7/29/2016. (SEJ)
July 26, 2016 Filing 103 SECOND MOTION to Amend Case Management and Scheduling Orders by Patent Asset Licensing, LLC. (Attachments: #1 Text of Proposed Order)(Vecchione, Anthony) Modified on 7/26/2016 to edit text. (AMM)
July 22, 2016 Opinion or Order Filing 102 ENDORSED ORDER granting #101 motion to appear pro hac vice. If Attorney Hare has not already done so, he shall immediately register for a login and password for electronic filing at the Court's website at www.flmd.uscourts.gov. Signed by Magistrate Judge Monte C. Richardson on 7/22/2016. (MEH)
July 22, 2016 ***PRO HAC VICE FEES paid and Special Admission Attorney Certification Form filed by attorney JASPAL S. HARE, appearing on behalf of Birch Communications, Inc. (Filing fee $150 receipt number JAX020983.) Related document: #101 MOTION for Jaspal S. Hare to appear pro hac vice. (AEJ)
July 21, 2016 Filing 101 MOTION for Jaspal S. Hare to appear pro hac vice by Birch Communications, Inc.. (Trupp, Robin) Motions referred to Magistrate Judge Monte C. Richardson.
July 20, 2016 Opinion or Order Filing 100 ENDORSED ORDER granting #98 motion to appear pro hac vice. If Attorney Yi has not already done so, he shall immediately register for a login and password for electronic filing at the Court's website at www.flmd.uscourts.gov. Signed by Magistrate Judge Monte C. Richardson on 7/20/2016. (MEH)
July 19, 2016 ***PRO HAC VICE FEES paid and Special Admission Attorney Certification Form filed by attorney PETER YI, appearing on behalf of Broadsoft, Inc. (Filing fee $150 receipt number JAX020961.) Related document: #98 MOTION for Peter C. Yi to appear pro hac vice. (AEJ)
July 18, 2016 Filing 99 REPLY in support re #80 Motion to dismiss Birch Communications' First Amended Third Party Complaint as to BroadSoft filed by Broadsoft, Inc. (McBride, Stephen) Modified on 7/19/2016 to correct event. (AMM)
July 14, 2016 Filing 98 MOTION for Peter C. Yi to appear pro hac vice by Broadsoft, Inc.. (Liles, Rutledge) Motions referred to Magistrate Judge Monte C. Richardson.
July 12, 2016 Opinion or Order Filing 97 ORDER striking without prejudice #95 Defendant Birch Communications, Inc.'s Certificate of Service. Signed by Judge Timothy J. Corrigan on 7/12/2016. (SEJ)
July 8, 2016 Opinion or Order Filing 96 ORDER granting (80) motion to amend case management and scheduling order in case 3:15-cv-742-J-32MCR; granting (55) same motion in case 3:15-cv-743-J-32MCR; granting (65) same motion in case 3:15-cv-744-J-32MCR; granting (92) same motion in case 3:15-cv-746-J-32MCR; granting (59) same motion in case 3:15-cv-747-J-32MCR: deadline for parties' preliminary election of asserted prior art and invalidity contentions is 7/11/2016; parties to file joint claim construction statement by 7/29/2016; deadline to serve opening claim construction expert reports is 7/29/2016; deadline to serve responsive claim construction expert reports is 8/26/2016; deadline to complete claim construction discovery is 9/23/2016; deadline to file opening claim construction brief and submit technical tutorials is 10/7/2016; deadline to file responsive claim construction brief is 10/28/2016; claim construction hearing remains set for 1/5/2017 at 9:30 a.m. (Courtroom 10D). Signed by Judge Timothy J. Corrigan on 7/8/2016.(SRW)
July 7, 2016 Filing 95 STRICKEN per Order #97 - CERTIFICATE of service by Birch Communications, Inc. regarding Second Supplementary Answers to Patent Asset Licensing, LLC's First Set of Interrogatories. (Davis, Gardiner) Modified on 7/13/2016 to edit docket text. (AMM)
July 5, 2016 Opinion or Order Filing 94 ENDORSED ORDER granting #91 Broadsoft's Unopposed Motion for Leave to File a Reply Regarding Third-Party Defendant Broadsoft, Inc.'s Motion to Dismiss. Broadsoft may file a reply of no more than 5 pages by 7/18/16. Signed by Judge Timothy J. Corrigan on 7/5/2016. (ALB)
July 5, 2016 Filing 92 Joint MOTION to Amend/Correct Case Management and Scheduling Orders by Patent Asset Licensing, LLC. (Attachments: #1 Exhibit A - Proposed Amended Scheduling Order)(Vecchione, Anthony)
July 5, 2016 Sealed Document S-93. (AMM)
June 29, 2016 Filing 91 Unopposed MOTION for Leave to File a Reply re #80 MOTION to Dismiss Birch Communications' First Amended Third Party Complaint as to BroadSoft filed by Broadsoft, Inc. (Liles, Rutledge) Modified on 6/30/2016 to correct event per Chambers. (AMM)
June 29, 2016 Opinion or Order Filing 90 ENDORSED ORDER granting #88 Birch's Unopposed Motion to File Under Seal its memorandum in opposition to BroadSoft, Inc.'s Motion to Dismiss. By 7/6/16, Birch shall mail or hand-deliver the materials to be filed under seal to the Clerk. The documents will remain under seal for the duration of this litigation or until further order of the Court. Signed by Judge Timothy J. Corrigan on 6/29/2016. (SEJ)
June 27, 2016 Filing 89 REDACTED MEMORANDUM in opposition re #80 Motion to dismiss filed by Birch Communications, Inc.. (Attachments: #1 Exhibit Tab A, #2 Exhibit Tab B, #3 Exhibit Tab C, #4 Exhibit Tab D, #5 Exhibit Tab E)(Davis, Gardiner) Modified on 6/28/2016 to edit docket text. (AMM)
June 27, 2016 Filing 88 Unopposed MOTION for leave to file under seal by Birch Communications, Inc.. (Attachments: #1 Main Document Third-Party Plaintiff Birch Communications, Inc.'s Redacted Memorandum in Opposition to Third-Party Defendant BroadSoft, Inc.'s Motion to Dismiss, #2 Exhibit Tab A to Redacted Memorandum in Opposition, #3 Exhibit Tab B to Redacted Memorandum in Opposition, #4 Exhibit Tab C to Redacted Memorandum in Opposition, #5 Exhibit Tab D to Redacted Memorandum in Opposition, #6 Exhibit Tab E to Redacted Memorandum in Opposition)(Davis, Gardiner)
June 16, 2016 Opinion or Order Filing 87 ENDORSED ORDER granting #85 Motion for Extension of Time to File Response. Birch shall file its response to BroadSoft's motion to dismiss by 6/27/16. Signed by Judge Timothy J. Corrigan on 6/16/2016. (SEJ)
June 15, 2016 Filing 86 RESPONSE to Motion re #85 Amended MOTION to Amend/Correct Motion for Enlargement of Time (Notice of Non-Opposition) filed by Broadsoft, Inc.. (McBride, Stephen)
June 15, 2016 Filing 85 Amended MOTION for Extension of Time to File Response/Reply as to #80 MOTION to Dismiss Birch Communications' First Amended Third Party Complaint as to BroadSoft by Birch Communications, Inc. (Davis, Gardiner) Modified on 6/16/2016 to correct event. (AMM)
June 15, 2016 Opinion or Order Filing 84 ENDORSED ORDER denying without prejudice #83 Birch's Motion for Enlargement of Time for failure to comply with Local Rule 3.01(g). Signed by Judge Timothy J. Corrigan on 6/15/2016. (SEJ)
June 13, 2016 Filing 83 MOTION for Extension of Time to File Response/Reply as to #80 MOTION to Dismiss Birch Communications' First Amended Third Party Complaint as to BroadSoft by Birch Communications, Inc.. (Davis, Gardiner) Motions referred to Magistrate Judge Monte C. Richardson.
June 2, 2016 Filing 82 CERTIFICATE of service by Birch Communications, Inc. Regarding Supplementary Answers to Patent Asset Licensing, LLC's First Set of Interrogatories. (Davis, Gardiner)
May 27, 2016 Filing 81 NOTICE OF SELECTION of Retired Judge Paul Michel as mediator by Patent Asset Licensing, LLC.(Vecchione, Anthony)
May 27, 2016 Filing 80 MOTION to Dismiss Birch Communications' First Amended Third Party Complaint as to BroadSoft by Broadsoft, Inc.. (Liles, Rutledge)
May 6, 2016 ***PRO HAC VICE FEES paid and Special Admission Attorney Certification Form filed by attorney Stephen P. McBride, appearing on behalf of Broadsoft, Inc. (Filing fee $150 receipt number JAX020228.) Related document: #76 MOTION for Stephen P. McBride to appear pro hac vice. (DLC)
May 6, 2016 ***PRO HAC VICE FEES paid and Special Admission Attorney Certification Form filed by attorney Jonathan G. Graves, appearing on behalf of Broadsoft, Inc. (Filing fee $150 receipt number JAX020228.) Related document: #75 MOTION for Jonathan G. Graves to appear pro hac vice. (DLC)
May 5, 2016 Filing 79 MEMORANDUM in opposition re #67 Motion for Miscellaneous Relief filed by Birch Communications, Inc.. (Davis, Gardiner)
May 3, 2016 Opinion or Order Filing 78 ENDORSED ORDER granting #75 Unopposed motion to appear pro hac vice; granting #76 Unopposed motion to appear pro hac vice. If Attorneys Graves and McBride have not already done so, they shall immediately register for a login and password for electronic filing at the Court's website at www.flmd.uscourts.gov. Signed by Magistrate Judge Monte C. Richardson on 5/3/2016. (MEH)
May 2, 2016 Filing 77 ANSWER and affirmative defenses to #65 First Amended Third-Party Complaint by MetaSwitch Networks Ltd, Inc.(Pittenger, Thomas) Modified on 5/3/2016 to edit text. (AMM)
May 2, 2016 Filing 76 MOTION for Stephen P. McBride to appear pro hac vice by Broadsoft, Inc.. (Liles, Rutledge) Motions referred to Magistrate Judge Monte C. Richardson.
May 2, 2016 Filing 75 MOTION for Jonathan G. Graves to appear pro hac vice by Broadsoft, Inc.. (Liles, Rutledge) Motions referred to Magistrate Judge Monte C. Richardson.
April 26, 2016 Opinion or Order Filing 74 ENDORSED ORDER terminating #71 Motion for Extension of Time to File Response; granting #73 Motion for Extension of Time to File Response. BroadSoft, Inc. shall have until May 27, 2016 to respond to Birch Communications, Inc.'s Third-Party Complaint. Signed by Magistrate Judge Monte C. Richardson on 4/26/2016. (ADM)
April 25, 2016 Filing 73 AMENDED MOTION for Extension of Time to File Response/Reply as to #61 Third Party Complaint by Broadsoft, Inc., re #71 MOTION. (Liles, Rutledge) Motions referred to Magistrate Judge Monte C. Richardson. Modified on 4/26/2016 to edit text. (AMM)
April 25, 2016 Filing 72 AMENDED NOTICE of Appearance by Rutledge Richardson Liles on behalf of Broadsoft, Inc., re #70 NOTICE. (Liles, Rutledge) Modified on 4/26/2016 to edit text. (AMM)
April 25, 2016 Filing 71 MOTION for Extension of Time to File Response/Reply as to #61 Third Party Complaint by Patent Asset Licensing, LLC. (Liles, Rutledge) Motions referred to Magistrate Judge Monte C. Richardson. Modified on 4/26/2016: Counsel docketed in error. (AMM)
April 25, 2016 Filing 70 NOTICE of Appearance by Rutledge Richardson Liles on behalf of Patent Asset Licensing, LLC (Liles, Rutledge) Modified on 4/26/2016: Counsel docketed in error. (AMM)
April 19, 2016 Opinion or Order Filing 69 ENDORSED ORDER granting #68 Unopposed Motion for Extension of Time to File a Responsive Pleading. Third-Party Defendant Metaswitch Networks, Ltd., Inc. shall file its responsive pleading to the Amended Third-Party Complaint on or before 5/2/2016. Signed by Magistrate Judge Monte C. Richardson on 4/19/2016. (MEH)
April 19, 2016 Filing 68 Unopposed MOTION for Extension of Time to File Answer re #65 Amended Complaint Until May 2, 2016 by MetaSwitch Networks Ltd, Inc.. (Pittenger, Thomas) Motions referred to Magistrate Judge Monte C. Richardson.
April 18, 2016 Filing 67 MOTION for miscellaneous relief, specifically for Permission for Victor Siber and Hanna Madbak to Access Confidential Documents by Patent Asset Licensing, LLC. (Attachments: #1 Affidavit Declaration of Anthony Vecchione in Support of Plaintiff's Motion for Permission for Victor Siber and Hanna Madbak to Access Confidential Documents, #2 Exhibit A, #3 Exhibit B)(Bumgardner, Barry)
April 8, 2016 Opinion or Order Filing 66 CASE MANAGEMENT AND SCHEDULING ORDER: Invalidity Contentions deadline is 4/22/16; Exchange Proposed Terms and Claim Elements forConstruction by 4/25/16; Deadline for Completion of Preliminary 30(b)(6) Depositions is 5/10/16; Exchange of Preliminary Claim Constructions by 5/16/16; Preliminary Election of Asserted Claims [Maximum of 36 asserted claims] by 5/30/16; Preliminary Election of Asserted Prior Art [Maximum of 44 prior art references] by 6/13/16; Parties to file Joint Claim Construction Statement by 7/15/16; Deadline to serve Opening Claim Construction ExpertReports (if any) is 7/15/16; Deadline to serve Responsive Claim Construction Expert Reports (if any) is 8/12/16; Deadline to Complete Claim Construction Discovery is 9/9/16; Deadline to file Opening Claim Construction Brief and Submit Technical Tutorials (if any) is 9/23/16; Deadline to file Responsive Claim Construction Brief is 10/14/16; and, Claim Construction Hearing set for 1/5/17 at 9:30 A.M. in courtroom 10D before Judge Timothy J. Corrigan. Signed by Judge Timothy J. Corrigan on 4/8/2016. (MD)
April 6, 2016 Filing 65 AMENDED COMPLAINT Defendant and Third-Party Plaintiff Birch Communications, Inc. against Third Party Defendant BroadSoft, Inc. and Third-Party Defendant MetaSwitch Networks Ltd, Inc. against Birch Communications, Inc. filed by Birch Communications, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Davis, Gardiner)
April 6, 2016 Filing 64 NOTICE of Appearance by Thomas Todd Pittenger on behalf of MetaSwitch Networks Ltd, Inc. (Pittenger, Thomas)
March 24, 2016 Filing 63 RETURN of service as to Broadsoft, Inc. by Birch Communications, Inc. (Davis, Gardiner) Modified on 3/25/2016 to correct text. (AMM)
March 15, 2016 Filing 62 SUMMONS issued as to Broadsoft, Inc., and MetaSwitch Networks Ltd, Inc. (AMM)
March 10, 2016 Filing 61 THIRD PARTY COMPLAINT against Broadsoft, Inc., MetaSwitch Networks Ltd, Inc. filed by Birch Communications, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(AMM)
March 9, 2016 Opinion or Order Filing 60 ENDORSED ORDER granting #59 Motion for leave to file Third-Party Complaint in light of the parties' agreed deadline for adding parties as reflected in #57 and #58 . The Clerk is directed to file Exhibit 1 to the motion as Defendant's Third-Party Complaint and Exhibits 2-5 as exhibits to the Third-Party Complaint. Signed by Magistrate Judge Monte C. Richardson on 3/9/2016. (MEH)
March 8, 2016 Filing 59 MOTION for leave to file Motion for Leave to File Third-Party Complaint by Birch Communications, Inc.. (Attachments: #1 Main Document Proposed Third-Party Complaint, #2 Exhibit Exhibit A to Third-Party Complaint, #3 Exhibit Exhibit B to Third-Party Complaint, #4 Exhibit Exhibit C to Third-Party Complaint, #5 Exhibit Exhibit D to Third-Party Complaint)(Davis, Gardiner)
March 2, 2016 Filing 58 STATUS report Proposing Agreed Deadlines and Notifying the Court of Plans Regarding Mediation by Patent Asset Licensing, LLC. (Vecchione, Anthony)
February 18, 2016 Opinion or Order Filing 57 ORDER resolving pending motions and setting pre-trial deadlines. By 3/2/16, the parties shall: (1) file reports setting forth the agreed deadlines for the remainder of their cases; and (2) notify the Court of their plans regarding mediation. See Order for further details. Signed by Judge Timothy J. Corrigan on 2/18/2016. (SEJ)
February 17, 2016 Filing 56 MINUTE ENTRY. Proceedings held before Judge Timothy J. Corrigan: PRELIMINARY PRETRIAL CONFERENCE held on 2/17/2016. Court Reporter: Shannon Bishop. (MD)
January 25, 2016 Opinion or Order Filing 55 ORDER. Birch's motion to exceed the page limit #52 will remain under advisement and shall be addressed at the 2/17/16 hearing. PAL need not respond to the motion to dismiss #54 at this time. See Order for additional details. Signed by Judge Timothy J. Corrigan on 1/25/2016. (SEJ)
January 21, 2016 Filing 54 MOTION to Dismiss Pursuant to 35 U.S.C. Sect. 101 by Birch Communications, Inc.. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibiti B)(Davis, Gardiner)
January 20, 2016 Filing 53 RESPONSE in Opposition re #52 MOTION for leave to Exceed Page Limits in Defendant's Dispositive Motion filed by Patent Asset Licensing, LLC. (Vecchione, Anthony) Modified on 1/21/2016 to edit docket text (AMM).
January 8, 2016 Filing 52 MOTION for leave to Exceed Page Limits in Defendant's Dispositive Motion by Birch Communications, Inc. (Davis, Gardiner) Modified on 1/11/2016: Error in Judge Code (AMM).
December 4, 2015 Opinion or Order Filing 51 ENDORSED ORDER. The Court directs the Clerk to terminate Plaintiff's Motion to Strike Affirmative Defense and to Dismiss Counterclaims #19 , pursuant to the Joint Response to Order of October 23, 2015 #46 , in which Plaintiff agreed to withdraw that motion upon the filing of Defendant's amended pleading, and the subsequently filed Amended Answer #48 . Signed by Judge Timothy J. Corrigan on 12/4/2015. (SEJ)
November 16, 2015 Filing 50 REPLY to #48 Counterclaim Patent Asset Licensing's Answer to Birch Communications, Inc.'s Amended Counterclaims by Patent Asset Licensing, LLC. Related document: #48 Amended Answer to ComplaintCounterclaim filed by Birch Communications, Inc..(Vecchione, Anthony)
November 5, 2015 Opinion or Order Filing 49 ORDER granting #34 motion to appear pro hac vice; granting #35 motion to appear pro hac vice. Signed by Magistrate Judge Monte C. Richardson on 11/5/2015. (MEH)
November 2, 2015 Filing 48 AMENDED ANSWER to Complaint, Affirmative Defenses and Counterclaims #1 Complaint , COUNTERCLAIM against Patent Asset Licensing, LLC by Birch Communications, Inc.. (Trupp, Robin)
November 2, 2015 Opinion or Order Filing 47 ORDER granting #40 Motion for Leave to File. Birch shall file its amended pleading by 11/13/15. Signed by Judge Timothy J. Corrigan on 11/2/2015. (SEJ)
October 26, 2015 Filing 46 RESPONSE re #44 Order pdf "Joint Response to Order of October 23, 2015" filed by Birch Communications, Inc.. (Davis, Gardiner)
October 23, 2015 Filing 45 REPLY to Response to Motion re #35 MOTION for Victor Siber to appear pro hac vice, #34 MOTION for Hanna Madbak to appear pro hac vice Plaintiff's Reply Regarding the Siber and Madbak Motions to Appear Pro Hac Vice filed by Patent Asset Licensing, LLC. (Vecchione, Anthony)
October 23, 2015 Opinion or Order Filing 44 ORDER directing the parties to file a written response by 11/5/15 regarding whether the inequitable conduct defense is properly included in the proposed amended answer, and PAL's Motion to Strike Affirmative Defense and to Dismiss Counterclaims is moot. See Order for additional details. Signed by Judge Timothy J. Corrigan on 10/23/2015. (SEJ)
October 19, 2015 Filing 43 MEMORANDUM in support re #33 Response in Opposition to Motion , to Re-Designate Case as a Track Three Case filed by Birch Communications, Inc.. (Trupp, Robin)
October 19, 2015 Opinion or Order Filing 42 ENDORSED ORDER granting #41 Motion for Leave to File. Defendant will file its reply no later than 10/26/15. Signed by Judge Timothy J. Corrigan on 10/19/2015. (SEJ)
October 14, 2015 Filing 41 Unopposed MOTION for leave to file Defendant's Motion to Submit Reply Memorandum In Support of Its Motion for Track Three Status by Birch Communications, Inc.. (Trupp, Robin)
October 13, 2015 Filing 40 MOTION for leave to file Amended Answer, Affirmative Defenses and Counterclaims by Birch Communications, Inc.. (Attachments: #1 Exhibit)(Davis, Gardiner)
October 13, 2015 Opinion or Order Filing 39 ENDORSED ORDER granting #37 Unopposed Motion for Leave to File. Plaintiff may file a reply to #34 motion to appear pro hac vice and #35 motion to appear pro hac vice on or before 10/23/2015. The reply shall not exceed five pages in length. Signed by Magistrate Judge Monte C. Richardson on 10/13/2015. (MEH)
October 8, 2015 Opinion or Order Filing 38 ORDER setting these cases for Preliminary Pretrial Conference on 2/17/2016 at 9:30 a.m. in Jacksonville Courtroom 10D before Judge Timothy J. Corrigan; granting (29 in 3:15-cv-744-TJC-JBT) Motion to Stay Discovery Pending Determination Of Motion For Summary Judgment; staying discovery in each case until the entry of case management scheduling orders; and directing the Clerk to reassign as the Magistrate Judge Case No. 3:15-cv-743-TJC-JRK; Case No. 3:15-cv-744-TJC-JBT, and Case No. 3:15-cv-747-TJC-JBT, to the Honorable Monte C. Richardson. Signed by Judge Timothy J. Corrigan on 10/8/2015. (SEJ)
October 2, 2015 Filing 37 Unopposed MOTION for leave to file Reply Regarding the Siber and Madbak Motions to Appear Pro Hac Vice by Patent Asset Licensing, LLC. (Bolling, James)
September 30, 2015 Filing 36 MEMORANDUM in opposition re #35 Motion for Leave to Appear, #34 Motion for Leave to Appear Memorandum In Opposition to Plaintiff's Motions for Victor Siber and Hanna Madbak to Appear Pro Hac Vice filed by Birch Communications, Inc.. (Trupp, Robin)
September 30, 2015 ***PRO HAC VICE FEES paid and Special Admission Attorney Certification Form filed by attorney Victor Siber, appearing on behalf of Patent Asset Licensing, LLC (Filing fee $150 receipt number JAX017704.) Related document: #35 MOTION for Victor Siber to appear pro hac vice. (DLC)
September 28, 2015 ***PRO HAC VICE FEES paid and Special Admission Attorney Certification Form filed by attorney Hanna Madbak, appearing on behalf of Patent Asset Licensing, LLC (Filing fee $150 receipt number JAX017707.) Related document: #34 MOTION for Hanna Madbak to appear pro hac vice. (DLC)
September 25, 2015 Filing 35 MOTION for Victor Siber to appear pro hac vice by Patent Asset Licensing, LLC. (Bolling, James) Motions referred to Magistrate Judge Monte C. Richardson.
September 25, 2015 Filing 34 MOTION for Hanna Madbak to appear pro hac vice by Patent Asset Licensing, LLC. (Bolling, James) Motions referred to Magistrate Judge Monte C. Richardson.
September 22, 2015 Filing 33 RESPONSE in Opposition re #26 MOTION for miscellaneous relief, specifically Motion to Re-Designate Case As A Track Three Case Plaintiff's Response to Motion to Re-Designate Case as a Track Three Case filed by Patent Asset Licensing, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(Vecchione, Anthony)
September 18, 2015 Filing 32 MEMORANDUM in opposition re #19 Motion to StrikeMotion to dismiss Affirmative Defense and to Dismiss Counterclaims filed by Birch Communications, Inc.. (Trupp, Robin)
September 16, 2015 Opinion or Order Filing 31 ENDORSED ORDER granting #30 Unopposed motion for extension of time. Defendant shall have up to and including 9/18/2015 to file a response to #19 motion to strike affirmative defense and dismiss counterclaims. Signed by Magistrate Judge Monte C. Richardson on 9/16/2015. (MEH)
September 15, 2015 Filing 30 Unopposed MOTION to extend time to to Respond to Plaintiff's Motion to Strike Affirmative Defense and Dismiss Counterclaims by Birch Communications, Inc.. (Trupp, Robin) Motions referred to Magistrate Judge Monte C. Richardson.
September 14, 2015 Opinion or Order Filing 29 ENDORSED ORDER granting #28 Unopposed motion for extension of time. Defendant shall have up to and including 9/15/2015 to file a response to #19 motion to strike affirmative defenses and dismiss counterclaims. Signed by Magistrate Judge Monte C. Richardson on 9/14/2015. (MEH)
September 10, 2015 Filing 28 Unopposed MOTION for Extension of Time to File Response/Reply as to #19 MOTION to Strike #17 Answer to ComplaintCounterclaim Affirmative Defenses and MOTION to Dismiss Counterclaims (refiled to include Exhibit A) by Birch Communications, Inc.. (Trupp, Robin) Motions referred to Magistrate Judge Monte C. Richardson.
September 9, 2015 Filing 27 CASE MANAGEMENT REPORT. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Bolling, James)
September 8, 2015 Filing 26 MOTION for miscellaneous relief, specifically Motion to Re-Designate Case As A Track Three Case by Birch Communications, Inc.. (Trupp, Robin)
September 3, 2015 Opinion or Order Filing 25 ENDORSED ORDER granting #23 Joint Motion to Extend Deadline to Submit Case Management Report. The parties shall have up to and including 9/7/2015 to submit their Case Management Report. Signed by Magistrate Judge Monte C. Richardson on 9/3/2015. (MEH)
September 2, 2015 Opinion or Order Filing 24 ENDORSED ORDER granting #21 motion to appear pro hac vice; granting #22 motion to appear pro hac vice. If Messrs. Griffin and Vecchione have not already done so, they shall immediately register for a login and password for electronic filing at the Court's website at www.flmd.uscourts.gov. Signed by Magistrate Judge Monte C. Richardson on 9/2/2015. (MEH)
September 1, 2015 Filing 23 Joint MOTION for Extension of Time to File Case Management Report with Incorporated Memorandum of Law by Birch Communications, Inc.. (Trupp, Robin)
September 1, 2015 Filing 22 Unopposed MOTION for Anthony Vecchione to appear pro hac vice by Patent Asset Licensing, LLC. (Bolling, James) Motions referred to Magistrate Judge Monte C. Richardson.
September 1, 2015 Filing 21 Unopposed MOTION for Ryan P. Griffin to appear pro hac vice by Patent Asset Licensing, LLC. (Bolling, James) Motions referred to Magistrate Judge Monte C. Richardson.
September 1, 2015 ***PRO HAC VICE FEES paid and Special Admission Attorney Certification Form filed by attorney Ryan Paul Griffin, appearing on behalf of Patent Asset Licensing, LLC (Filing fee $150 receipt number JAX017476.). (LAW)
September 1, 2015 ***PRO HAC VICE FEES paid and Special Admission Attorney Certification Form filed by attorney Anthony Michael Vecchione, appearing on behalf of Patent Asset Licensing, LLC (Filing fee $150 receipt number JAX017475.). (LAW)
August 28, 2015 Filing 20 CERTIFICATE of interested persons and corporate disclosure statement by Patent Asset Licensing, LLC. (Bolling, James)
August 28, 2015 Filing 19 MOTION to Strike #17 Answer to ComplaintCounterclaim Affirmative Defenses and, MOTION to Dismiss Counterclaims (refiled to include Exhibit A) by Patent Asset Licensing, LLC. (Attachments: #1 Exhibit A)(Bolling, James) Motions referred to Magistrate Judge Monte C. Richardson.
August 28, 2015 Filing 18 Duplicate Motion see #19 MOTION to Strike #17 Answer to ComplaintCounterclaim Affirmative Defenses and, MOTION to Dismiss Counterclaims by Patent Asset Licensing, LLC. (Bolling, James) Motions referred to Magistrate Judge Monte C. Richardson. Modified on 8/31/2015 to edit text (NAS).
August 14, 2015 Filing 17 ANSWER and affirmative defenses to #1 Complaint with Jury Demand , COUNTERCLAIM against Patent Asset Licensing, LLC by Birch Communications, Inc..(Davis, Gardiner)
August 14, 2015 Filing 16 CERTIFICATE of interested persons and corporate disclosure statement by Birch Communications, Inc. identifying Corporate Parent Birch Communications, Inc., Corporate Parent Birch Communications Holdings, Inc., Other Affiliate Birch Communications of Kentucky, LLC, Other Affiliate Birch Communications of the Northeast, Inc., Other Affiliate Birch Communications of Virginia, Inc., Other Affiliate Birch Equipment, Inc., Other Affiliate Birch Internet Services, Inc., Other Affiliate Birch Management Corporation, Other Affiliate Birch Telecom 1996, Inc., Other Affiliate Brich Telecom, Inc., Other Affiliate Birch Telecom of the Great Lakes, Inc., Other Affiliate Birch Telecom of Kansas, Inc., Other Affiliate Birch Telecom of Missouri, Inc., Other Affiliate Birch Telecom of Oklahoma, Inc., Other Affiliate Birch Telecom of the South, Inc., Other Affiliate Birch Telecom of Texas, Ltd., L.L.P., Other Affiliate Birch Telecom of the West, Inc., Other Affiliate Birch Texas Holdings, Inc., Other Affiliate Cbeyond, Inc., Other Affiliate Cbeyond Communications, LLC, Other Affiliate Ionex Communciations, Inc., Other Affiliate Ionex Communications North, Inc. for Birch Communications, Inc... (Davis, Gardiner)
July 30, 2015 Filing 15 NOTICE of designation under Local Rule 3.05 - track 2. Signed by Deputy Clerk on 7/30/2015. (Attachments: #1 Case Management Report form, #2 Consent to US Magistrate Judge Jurisdiction letter and form)(MD)
July 27, 2015 ***PRO HAC VICE FEES paid and Special Admission Attorney Certification Form filed by attorney Gardiner B. Davis, appearing on behalf of Birch Communications, Inc. (Filing fee $150 receipt number JAX017029.) Related document: #13 Unopposed MOTION for Gardiner B. Davis to appear pro hac vice. (LAW)
July 27, 2015 ***PRO HAC VICE FEES paid and Special Admission Attorney Certification Form filed by attorney Kyle L. Elliott, appearing on behalf of Birch Communications, Inc. (Filing fee $150 receipt number JAX017030.) Related document: #12 Unopposed MOTION for Kyle L. Elliott to appear pro hac vice. (LAW)
July 27, 2015 Opinion or Order Filing 14 ENDORSED ORDER granting #12 motion to appear pro hac vice; granting #13 motion to appear pro hac vice. If Messrs. Elliott and Davis have not already done so, they shall immediately register for a login and password for electronic filing at the Court's website at www.flmd.uscourts.gov. Signed by Magistrate Judge Monte C. Richardson on 7/27/2015. (MEH)
July 24, 2015 Filing 13 Unopposed MOTION for Gardiner B. Davis to appear pro hac vice by All Defendants. (Trupp, Robin) Motions referred to Magistrate Judge Monte C. Richardson.
July 24, 2015 Filing 12 Unopposed MOTION for Kyle L. Elliott to appear pro hac vice by All Defendants. (Trupp, Robin) Motions referred to Magistrate Judge Monte C. Richardson.
July 16, 2015 Filing 11 CORPORATE Disclosure Statement by Birch Communications, Inc.. (Trupp, Robin)
July 16, 2015 Opinion or Order Filing 10 ENDORSED ORDER granting #9 Unopposed Motion for Extension of Time to File a Responsive Pleading. Defendant shall file a responsive pleading to the Complaint on or before 8/14/2015. Signed by Magistrate Judge Monte C. Richardson on 7/16/2015. (MEH)
July 15, 2015 Filing 9 Unopposed MOTION for Extension of Time to File Response/Reply as to #1 Complaint by Birch Communications, Inc.. (Trupp, Robin) Motions referred to Magistrate Judge Monte C. Richardson.
July 14, 2015 Filing 8 Case reassigned to Judge Timothy J. Corrigan. New case number: 3:15cv746-J-32MCR. Judge Marcia Morales Howard no longer assigned to the case. (AET)
July 14, 2015 Opinion or Order Filing 7 ORDER reassigning this case to the Honorable Timothy J. Corrigan for all further proceedings. Signed by Judge Marcia Morales Howard on 7/13/2015. (JW)
June 26, 2015 Opinion or Order Filing 6 ENDORSED ORDER granting #5 motion to appear pro hac vice. If Mr. Bumgardner has not already done so, he shall immediately register for a login and password for electronic filing at the Court's website at www.flmd.uscourts.gov. Signed by Magistrate Judge Monte C. Richardson on 6/26/2015. (MEH)
June 25, 2015 ***PRO HAC VICE FEES paid and Special Admission Attorney Certification Form filed by attorney Barry J. Bumgardner, appearing on behalf of Patent Asset Licensing, LLC (Filing fee $150 receipt number JAX016703.) Related document: #5 MOTION for Barry Bumgardner to appear pro hac vice. (LAW)
June 25, 2015 Filing 5 MOTION for Barry Bumgardner to appear pro hac vice by Patent Asset Licensing, LLC. (Bolling, James) Motions referred to Magistrate Judge Monte C. Richardson.
June 24, 2015 Filing 4 NOTICE: Based upon the parties' filings, the Court is satisfied of the existence of subject matter jurisdiction over this action. (MHM)
June 23, 2015 Filing 3 NOTICE of pendency of related cases per Local Rule 1.04(d) by Patent Asset Licensing, LLC. Related case(s): Yes (Bolling, James)
June 19, 2015 Filing 2 SUMMONS issued as to Birch Communications, Inc.. (CKS)
June 19, 2015 Filing 1 COMPLAINT against Birch Communications, Inc. with Jury Demand (Filing fee $ 400 receipt number JAX16654) filed by Patent Asset Licensing, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Civil Cover Sheet)(CKS)

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Search for this case: Patent Asset Licensing, LLC v. Birch Communications, Inc.
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Plaintiff: Patent Asset Licensing, LLC
Represented By: Andres Felipe Arrubla
Represented By: Anthony Vecchione
Represented By: Barry Bumgardner
Represented By: Hanna Madbak
Represented By: James Arthur Bolling
Represented By: Ryan P. Griffin
Represented By: Stephen D. Busey
Represented By: Victor Siber
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Defendant: Birch Communications, Inc.
Represented By: Beth-Ann E. Krimsky
Represented By: Gardiner B. Davis
Represented By: Jaspal Singh Hare
Represented By: Kyle L. Elliott
Represented By: Lawren Adrian Zann
Represented By: Robin S. Trupp
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3rd party defendant: MetaSwitch Networks Ltd, Inc.
Represented By: Kelly J. H. Garcia
Represented By: Thomas Todd Pittenger
Represented By: Timothy Joseph McDermott
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3rd party defendant: Broadsoft, Inc.
Represented By: Jonathan G. Graves
Represented By: Pamela Haddock Klavon
Represented By: Peter C. Yi
Represented By: Rutledge Richardson Liles
Represented By: Stephen P. McBride
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