Wi-LAN USA, Inc. et al v. Apple Inc. Featured Case
Plaintiff: Wi-LAN USA, Inc. and Wi-LAN, INC.
Defendant: Apple Inc.
Counter_claimant: Apple Inc.
Counter_defendant: Wi-LAN USA, Inc. and Wi-LAN, INC.
Case Number: 1:2012cv24318
Filed: December 6, 2012
Court: US District Court for the Southern District of Florida
Office: Miami Office
County: Miami-Dade
Presiding Judge: K. Michael Moore
Nature of Suit: Patent
Cause of Action: 15 U.S.C. § 1126 Patent Infringement
Jury Demanded By: Defendant
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Docket Report

This docket was last retrieved on July 3, 2013. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 4, 2013 Filing 55 ACKNOWLEDGMENT OF RECEIPT. Case transferred from Florida Southern has been opened in Southern District of California as case 3:13-cv-00798, filed 04/03/2013. (bb)
April 3, 2013 SYSTEM ENTRY - Case 1:12-cv-24318 electronically transferred out to California Southern. (wc)
April 2, 2013 Opinion or Order Filing 54 ORDER GRANTING 39 Defendant's Motion to Transfer Venue. Signed by Judge K. Michael Moore on 4/2/2013. (rg1)
March 21, 2013 Filing 53 REPLY to Response to Motion re 39 Renewed MOTION to Change Venue filed by Apple Inc.. (Fernandez, Lazaro)
March 21, 2013 Filing 52 NOTICE Of Filing Supplement Declaration Of Lazaro Fernandez Jr. by Apple Inc. re 40 Notice (Other), 43 Renewed MOTION to Stay re 39 Renewed MOTION to Change Venue , 39 Renewed MOTION to Change Venue (Attachments: # 1 Affidavit Supplemental Declaration, # 2 Exhibit Exhibit A, # 3 Exhibit Exhibit B, # 4 Exhibit Exhibit C, # 5 Exhibit Exhibit D, # 6 Exhibit Exhibit E, # 7 Exhibit Exhibit F, # 8 Exhibit Exhibiit G)(Fernandez, Lazaro) Text Modified on 3/22/2013 (cqs).
March 21, 2013 Filing 51 REPLY to Response to Motion re 43 Renewed MOTION to Stay re 39 Renewed MOTION to Change Venue filed by Apple Inc.. (Fernandez, Lazaro)
March 11, 2013 Filing 50 RESPONSE in Opposition re 43 Renewed MOTION to Stay re 39 Renewed MOTION to Change Venue filed by Wi-LAN USA, Inc., Wi-LAN, INC.. (Attachments: # 1 Exhibit A, # 2 Exhibit 1 to Patmore Decl., # 3 Exhibit 2 to Patmore Decl., # 4 Exhibit 3 to Patmore Decl.)(Patmore, Samuel)
March 11, 2013 Filing 49 RESPONSE in Opposition re 39 Renewed MOTION to Change Venue filed by Wi-LAN USA, Inc., Wi-LAN, INC.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit 1 to Patmore Decl., # 6 Exhibit 2 to Patmore Decl., # 7 Exhibit 3 to Patmore Decl., # 8 Exhibit E, # 9 Exhibit F, # 10 Exhibit G)(Patmore, Samuel)
March 6, 2013 Filing 48 Plaintiffs' Reply and ANSWER to Counterclaim by Wi-LAN USA, Inc., Wi-LAN, INC..(Patmore, Samuel)
February 28, 2013 Opinion or Order Filing 47 PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiffs' Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filings 46 . UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is ORDERED AND ADJUDGED that the Motion 46 is GRANTED. Andrea M. Houston, Esq. may appear Pro Hac Vice in this matter. The Clerk of the Court shall provide electronic notification of all electronic filings to ahouston@velaw.com. Signed by Judge K. Michael Moore on 2/28/2013. (bce)
February 27, 2013 Filing 46 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Andrea M. Houston. Filing Fee $ 75.00. Receipt # 54448. (ksa)
February 25, 2013 Opinion or Order Filing 45 PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiffs' Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filings 44 . UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is ORDERED AND ADJUDGED that the Motion 44 is GRANTED. Seth Lindner, Esq. may appear Pro Hac Vice in this matter. The Clerk of the Court shall provide electronic notification of all electronic filings to slindner@velaw.com. Signed by Judge K. Michael Moore on 2/25/2013. (bce)
February 22, 2013 Filing 44 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Seth Lindner. Filing Fee $ 75.00. Receipt # 54136. (ksa)
February 20, 2013 Filing 43 Renewed MOTION to Stay re 39 Renewed MOTION to Change Venue by Apple Inc.. Responses due by 3/11/2013 (Fernandez, Lazaro)
February 20, 2013 Filing 42 NOTICE by Apple Inc. re 39 Renewed MOTION to Change Venue Declaration of Sebeni in Support (Fernandez, Lazaro)
February 20, 2013 Filing 41 NOTICE by Apple Inc. re 39 Renewed MOTION to Change Venue Declaration of Balasubramanian In Support (Fernandez, Lazaro)
February 20, 2013 Filing 40 NOTICE by Apple Inc. re 39 Renewed MOTION to Change Venue Filing Declaration of Lazaro Fernandez (Attachments: # 1 Affidavit Declaration of Lazaro Fernandez)(Fernandez, Lazaro)
February 20, 2013 Filing 39 Renewed MOTION to Change Venue by Apple Inc.. Responses due by 3/11/2013 (Fernandez, Lazaro)
February 20, 2013 Filing 38 Apple's ANSWER and Affirmative Defenses to Amended Complaint with Jury Demand , COUNTERCLAIM against Wi-LAN USA, Inc., Wi-LAN, INC. by Apple Inc..(Fernandez, Lazaro)
February 19, 2013 Filing 37 JOINT SCHEDULING REPORT - Rule 26(f)and Discovery Report by Wi-LAN USA, Inc., Wi-LAN, INC. (Attachments: # 1 Text of Proposed Order)(Patmore, Samuel) Text Modified on 2/19/2013 (cqs).
February 12, 2013 Opinion or Order Filing 36 PAPERLESS ORDER. THIS CAUSE came before the Court upon a sua sponte review of the record. On January 16, 2013, Defendant filed a Motion to Change Venue 10 and Motion to Stay 13 based upon Plaintiffs' Complaint 1 . On February 6, 2013, Plaintiffs filed a First Amended Complaint 34 , which is the operative pleading in this matter. Accordingly, the Motion to Change Venue 10 and Motion to Stay 13 are mooted by the First Amended Complaint 34 . UPON CONSIDERATION of the Motions, the First Amended Complaint, and the pertinent portions of the record, it is hereby ORDERED AND ADJUDGED that the Motion to Change Venue 10 and Motion to Stay 13 are DENIED AS MOOT. Defendant has leave to renew its motions. Signed by Judge K. Michael Moore on 2/12/2013. (bce)
February 11, 2013 Filing 35 RESPONSE/REPLY to 9 Answer to Complaint, Counterclaim by Wi-LAN USA, Inc., Wi-LAN, INC.. (Patmore, Samuel)
February 6, 2013 Filing 34 First AMENDED COMPLAINT against Apple Inc., filed by Wi-LAN USA, Inc., Wi-LAN, INC.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Patmore, Samuel)
February 4, 2013 Filing 33 RESPONSE in Opposition re 13 Defendant's MOTION to Stay filed by Wi-LAN USA, Inc., Wi-LAN, INC.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Patmore, Samuel)
February 4, 2013 Filing 32 RESPONSE in Opposition re 10 Defendant's MOTION to Change Venue to US District for the Southern District of California filed by Wi-LAN USA, Inc., Wi-LAN, INC.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Patmore, Samuel)
January 30, 2013 Opinion or Order Filing 31 PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiffs' Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filings 29 . UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is ORDERED AND ADJUDGED that the Motion 29 is GRANTED. Efren Garcia may appear Pro Hac Vice in this matter. The Clerk of the Court shall provide electronic notification of all electronic filings to egarcia@velaw.com. Signed by Judge K. Michael Moore on 1/30/2013. (bce)
January 30, 2013 Opinion or Order Filing 30 PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiffs' Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filings 28 . UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is ORDERED AND ADJUDGED that the Motion 28 is GRANTED. David B. Weaver may appear Pro Hac Vice in this matter. The Clerk of the Court shall provide electronic notification of all electronic filings to dweaver@velaw.com. Signed by Judge K. Michael Moore on 1/30/2013. (bce)
January 28, 2013 Filing 29 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Efren Garcia. Filing Fee $ 75.00. Receipt # 52518. (ksa)
January 28, 2013 Filing 28 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for David B. Weaver. Filing Fee $ 75.00. Receipt # 52517. (ksa)
January 24, 2013 Filing 27 Notice of Pendency of Other Action by Wi-LAN USA, Inc., Wi-LAN, INC. (Patmore, Samuel)
January 24, 2013 Opinion or Order Filing 26 PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendant Apple, Inc.'s Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filings 25 . UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is ORDERED AND ADJUDGED that the Motion 25 is GRANTED. Miguel Ruiz may appear Pro Hac Vice in this matter. The Clerk of the Court shall provide electronic notification of all electronic filings to mruiz@milbank.com. Signed by Judge K. Michael Moore on 1/24/2013. (bce)
January 23, 2013 Opinion or Order Filing 24 PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendant Apple, Inc.'s Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filings 21 . UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is ORDERED AND ADJUDGED that the Motion 21 is GRANTED. Jennifer Miremadi may appear Pro Hac Vice in this matter. The Clerk of the Court shall provide electronic notification of all electronic filings to jmiremadi@milbank.com. Signed by Judge K. Michael Moore on 1/23/2013. (bce)
January 23, 2013 Opinion or Order Filing 23 PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendant Apple, Inc.'s Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filings 20 . UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is ORDERED AND ADJUDGED that the Motion 20 is GRANTED. Mark Scarsi may appear Pro Hac Vice in this matter. The Clerk of the Court shall provide electronic notification of all electronic filings to mscarsi@milbank.com. Signed by Judge K. Michael Moore on 1/23/2013. (bce)
January 23, 2013 Opinion or Order Filing 22 PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendant Apple, Inc.'s Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filings 19 . UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is ORDERED AND ADJUDGED that the Motion 19 is GRANTED. Ashlee Lin may appear Pro Hac Vice in this matter. The Clerk of the Court shall provide electronic notification of all electronic filings to ashlee.lin@milbank.com. Signed by Judge K. Michael Moore on 1/23/2013. (bce)
January 18, 2013 Filing 25 MOTION of Miguel Ruiz to Appear Pro Hac Vice, Consent to Designation and Request to Electronically Receive Notices of Electronic Filing. Filing Fee $ 75.00. Receipt # 52222. (ksa)
January 18, 2013 Filing 21 MOTION of Jennifer Miremadi to Appear Pro Hac Vice, Consent to Designation and Request to Electronically Receive Notices of Electronic Filing. Filing Fee $ 75.00. Receipt # 52222. (ksa)
January 18, 2013 Filing 20 MOTION of Mark Scarsi to Appear Pro Hac Vice, Consent to Designation and Request to Electronically Receive Notices of Electronic Filing. Filing Fee $ 75.00. Receipt # 52222. (ksa)
January 18, 2013 Filing 19 MOTION of Ashlee Lin to Appear Pro Hac Vice, Consent to Designation and Request to Electronically Receive Notices of Electronic Filing. Filing Fee $ 75.00. Receipt # 52222. (ksa)
January 18, 2013 Filing 18 Corporate Disclosure Statement by Wi-LAN USA, Inc., Wi-LAN, INC. identifying Corporate Parent Wi-Lan Technologies Inc. for Wi-LAN USA, Inc. (Patmore, Samuel)
January 18, 2013 Opinion or Order Filing 17 PAPERLESS ORDER REFERRING PRETRIAL DISCOVERY MATTERS TO MAGISTRATE JUDGE EDWIN G. TORRES. PURSUANT to 28 U.S.C. § 636 and the Magistrate Rules of the Local Rules of the Southern District of Florida, the above captioned Cause is referred to United States Magistrate Judge Edwin G. Torres to take all necessary and proper action as required by law with respect to any and all pretrial discovery matters. Any motion affecting deadlines set by the Court's Scheduling Order is excluded from this referral, unless specifically referred by separate Order. Signed by Judge K. Michael Moore on 1/18/2013. (rg1)
January 18, 2013 Opinion or Order Filing 16 PAPERLESS PRETRIAL ORDER. THIS ORDER has been entered upon the filing of the complaint. Plaintiffs' counsel is hereby ORDERED to forward to all defendants, upon receipt of a responsive pleading, a copy of this order. It is further ORDERED that S.D. Fla. L.R. 16.1 shall apply to this case and the parties shall hold a scheduling conference no later than twenty (20) days from the date of this Order. Within ten (10) days of the scheduling conference, counsel shall file a joint scheduling report. Failure of counsel to file a joint scheduling report within the deadlines set forth above may result in dismissal, default, and the imposition of other sanctions including attorney's fees and costs. The parties should note that the time period for filing a joint scheduling report is not tolled by the filing of any other pleading, such as an amended complaint or Rule 12 motion. The scheduling conference may be held via telephone. At the conference, the parties shall comply with the following agenda that the Court adopts from S.D. Fla. L.R. 16.1: (1) Documents (S.D. Fla. L.R. 16.1.B.1 and 2) - The parties shall determine the procedure for exchanging a copy of or a description by category and location of all documents and other evidence that is reasonably available and that a party expects to offer or may offer if the need arises. Fed. R. Civ. P. 26(a)(1)(B). (a) Documents include computations of the nature and extent of any category of damages claimed by the disclosing party unless the computations are privileged or otherwise protected from disclosure. Fed. R. Civ. P. 26(a)(1)(C). (b) Documents include insurance agreements which may be at issue with the satisfaction of the judgment. Fed. R. Civ. P. 26(a)(1)(D). (2) List of Witnesses - The parties shall exchange the name, address and telephone number of each individual known to have knowledge of the facts supporting the material allegations of the pleading filed by the party. Fed. R. Civ. P. 26(a)(1)(A). The parties have a continuing obligation to disclose this information. (3) Discussions and Deadlines (S.D. Fla. L.R. 16.1.B.2) - The parties shall discuss the nature and basis of their claims and defenses and the possibilities for a prompt settlement or resolution of the case. Failure to comply with this Order or to exchange the information listed above may result in sanctions and / or the exclusion of documents or witnesses at the time of trial. S.D. Fla. L.R. 16.1.M. Telephonic appearances are not permitted for any purpose. Upon reaching a settlement in this matter the parties are instructed to notify the Court by telephone and to file a Notice of Settlement within twenty-four (24) hours. Signed by Judge K. Michael Moore on 1/18/2013. (rg1)
January 17, 2013 Opinion or Order Filing 15 PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendant's Unopposed Motion for Extension of Time 7 . Defendant's Motion 7 seeks an extension of time to file a response to Plaintiffs' Complaint 1 . Defendant's Motion 7 is mooted by Defendant's Answer 9 . UPON CONSIDERATION of the Motion 7 , the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that Defendant's Motion 7 is DENIED AS MOOT. Signed by Judge K. Michael Moore on 1/17/2013. (bce)
January 16, 2013 Filing 14 Corporate Disclosure Statement by Apple Inc. (Fernandez, Lazaro)
January 16, 2013 Filing 13 Defendant's MOTION to Stay by Apple Inc.. Responses due by 2/4/2013 (Fernandez, Lazaro)
January 16, 2013 Filing 12 NOTICE Of filing Declaration Of Lazaro Fernandez Jr. in Support of by Apple Inc. re 10 Defendant's MOTION to Change Venue to US District for the Southern District of California (Attachments: # 1 Affidavit Declaration of Fernandez)(Fernandez, Lazaro)Text Modified on 1/17/2013 (cqs).
January 16, 2013 Filing 11 NOTICE of Filing Declaration Of Mark Buckley In Support of by Apple Inc. re 10 Defendant's MOTION to Change Venue to US District for the Southern District of California (Attachments: # 1 Affidavit Declaration of Buckley)(Fernandez, Lazaro)Text Modified on 1/17/2013 (cqs).
January 16, 2013 Filing 10 Defendant's MOTION to Change Venue to US District for the Southern District of California by Apple Inc.. Responses due by 2/4/2013 (Fernandez, Lazaro)
January 16, 2013 Filing 9 Defendant, Apple Inc.'s ANSWER and Affirmative Defenses to Complaint with Jury Demand , COUNTERCLAIM against All Plaintiffs by Apple Inc..(Fernandez, Lazaro)
January 11, 2013 Opinion or Order Filing 8 ORDER OF RECUSAL. Judge Donald M. Middlebrooks recused. Case reassigned to Judge K. Michael Moore for all further proceedings in the court-designated pool for patent cases. Signed by Judge Donald M. Middlebrooks on 1/11/2013. (jmd)
January 3, 2013 Filing 7 Agreed MOTION for Extension of Time to File Response/Reply as to 1 Complaint by Wi-LAN USA, Inc., Wi-LAN, INC.. (Attachments: # 1 Text of Proposed Order Proposed Order)(Patmore, Samuel)
December 18, 2012 Filing 6 Order Transferring Case Pursuant to Administrative Order 2011-53. This matter is hereby reassigned to the calendar of United States District Judge Donald M. Middlebrooks for all further proceedings, Judge Marcia G. Cooke no longer assigned to case. Signed by Judge Marcia G. Cooke on 12/18/2012. (tpe)
December 6, 2012 Filing 5 AMENDED Summons Issued as to Apple Inc.. (cqs)
December 6, 2012 Filing 4 NOTICE of Filing Proposed Summons(es) by Wi-LAN USA, Inc., Wi-LAN, INC. re 1 Complaint filed by Wi-LAN USA, Inc., Wi-LAN, INC. (Patmore, Samuel)
December 6, 2012 Filing 3 FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK (tpl) (Main Document 3 replaced on 12/6/2012) (tpl).
December 6, 2012 Filing 2 Judge Assignment to Judge Marcia G. Cooke (tpl)
December 6, 2012 Filing 1 COMPLAINT against Apple Inc.. Filing fee $ 350.00 receipt number 113C-5288551, filed by Wi-LAN USA, Inc., Wi-LAN, INC.. (Attachments: # 1 Civil Cover Sheet, # 2 Summon(s), # 3 Exhibit, # 4 Exhibit)(Patmore, Samuel)

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Plaintiff: Wi-LAN USA, Inc.
Represented By: Samuel Olds Patmore
Represented By: Jay Brian Shapiro
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Plaintiff: Wi-LAN, INC.
Represented By: Samuel Olds Patmore
Represented By: Jay Brian Shapiro
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Defendant: Apple Inc.
Represented By: Lazaro Fernandez, Jr.
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Counter_claimant: Apple Inc.
Represented By: Lazaro Fernandez, Jr.
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Counter_defendant: Wi-LAN USA, Inc.
Represented By: Samuel Olds Patmore
Represented By: Jay Brian Shapiro
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Counter_defendant: Wi-LAN, INC.
Represented By: Samuel Olds Patmore
Represented By: Jay Brian Shapiro
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