Broadband iTV, Inc. v. Hawaiian Telcom, Inc. et al
| Broadband iTV, Inc. |
| Hawaiian Telcom, Inc., Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc. and Time Warner Entertainment Company, LP |
| Leighton K. Chong |
| 1:2014cv00169 |
| April 9, 2014 |
| US District Court for the District of Hawaii |
| Hawaii Office |
| Honolulu |
| ALAN C KAY |
| RICHARD L PUGLISI |
| Patent |
| 35 U.S.C. § 271 |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 5, 2017. A more recent docket listing may be available from PACER.
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Filing 820
U.S. Court of Appeals for the Federal Circuit: MANDATE issued January 5, 2017: MANDATE as to (183 in 1:15-cv-00131-ACK-RLP) Notice of Appeal, filed by Broadband iTV, Inc., 16-1082; MANDATE as to (778 in 1:14-cv-00169-ACK-RLP) Notice of Appeal, filed by Broadband iTV, Inc., 16-1083. Associated Cases: 1:14-cv-00169-ACK-RLP, 1:15-cv-00131-ACK-RLP (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 819
SECOND STIPULATION AND ORDER APPOINTING REPLACEMENT SIGNATORY ON "ACCOUNT 2" PURSUANT TO #813 ORDER GRANTING #809 PLAINTIFF'S MOTION FOR STAY PENDING APPEAL AND APPROVAL OF CASH SECURITY IN LIEU OF SUPERSEDEAS BOND FILED JANUARY 4, 2016 - Signed by MAGISTRATE JUDGE RICHARD L. PUGLISI on 12/22/2016. Associated Cases: 1:14-cv-00169-ACK-RLP, 1:15-cv-00131-ACK-RLP (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 818
STIPULATION AND ORDER APPOINTING REPLACEMENT SIGNATORY ON "ACCOUNT 2" PURSUANT TO #813 ORDER GRANTING #809 PLAINTIFF'S MOTION FOR STAY PENDING APPEAL AND APPROVAL OF CASH SECURITY IN LIEU OF SUPERSEDEAS BOND FILED JANUARY 4, 2016 - Signed by MAGISTRATE JUDGE RICHARD L. PUGLISI on 11/29/2016. Associated Cases: 1:14-cv-00169-ACK-RLP, 1:15-cv-00131-ACK-RLP (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 817
Corporate Disclosure Statement by Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc., Hawaiian Telcom, Inc.. Associated Cases: 1:14-cv-00169-ACK-RLP, 1:15-cv-00131-ACK-RLP(Tobin, Brett)
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Filing 816
U.S. Court of Appeals for the Federal Circuit Judgment: AFFIRMED. (Attachment: #1Federal Circuit's Notice of Entry of Judgment without Opinion (Judgment entered 9/26/2016) (afc) U.S. Court of Appeals for the Federal Circuit Case Numbers: 16-1083 for #778 Notice of Appeal filed by Broadband iTV, Inc as to case 1:14-cv-00169-ACK-RLP. 16-1082 for 183 Notice of Appeal filed by Broadband iTV, Inc as to 1:15-cv-00131-ACK-RLP. CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications will be served by first class mail on October 3, 2016.
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Filing 813
ORDER GRANTING #809 PLAINTIFF'S MOTION FOR STAY PENDING APPEAL AND APPROVAL OF CASH SECURITY IN LIEU OF SUPERSEDEAS BOND FILED JANUARY 4, 2016 - Signed by MAGISTRATE JUDGE RICHARD L. PUGLISI on 2/3/2016. (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 812
EO: Based on the lack of opposition, see ECF No. #811 , the Court directs Plaintiff to submit a proposed order regarding #809 Plaintiff's Motion for Stay Pending Appeal and Approval of Cash Security in Lieu of Supersedeas Bond by e-mail to puglisi_orders@hid.uscourts.gov in a format compatible with Word or Word Perfect. The parties shall refer to LR100.8.1. Proposed Orders and LR100.8.2. E-mailing of Proposed Orders and Stipulations. (MAGISTRATE JUDGE RICHARD L. PUGLISI)(agh)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 811
RESPONSE re #809 MOTION to Stay Pending Appeal and Approval of Cash Security in Lieu of Supersedeas Bond filed by Hawaiian Telcom, Inc., Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc.. (Attachments: #1 Certificate of Service)(Tobin, Brett)
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Filing 810
EO: Pursuant to Local Rule 7.2(d), the Court elects to decide #809 Plaintiff's Motion for Stay Pending Appeal and Approval of Cash Security in Lieu of Supersedeas Bond without a hearing. Briefing shall be in accordance with Local Rule 7.4. (MAGISTRATE JUDGE RICHARD L. PUGLISI)(kr)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 809
MOTION to Stay Pending Appeal and Approval of Cash Security in Lieu of Supersedeas Bond John S. Rhee appearing for Plaintiff Broadband iTV, Inc. (Attachments: #1 Memorandum in Support, #2 Declaration of John Rhee, #3 Declaration of Clifton Kagawa, #4 Certificate of Service)(Rhee, John)
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Filing 808
CLERK'S TAXATION OF COSTS in amount of $90,697.04 against Broadband iTV, Inc., for Defendants TIME WARNER CABLE INC. and OCEANIC TIME WARNER CABLE LLC re: #787 , #803 , #806 . (afc) 1:14-cv-00169-ACK-RLP, 1:15-cv-00131-ACK-RLP
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Filing 807
CLERK'S TAXATION OF COSTS in amount of $38,955.79 against Broadband iTV, Inc., for Defendant HAWAIIAN TELCOM, INC. re: #785 , #803 , #806 . (afc) 1:14-cv-00169-ACK-RLP, 1:15-cv-00131-ACK-RLP
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Filing 806
ORDER ADOPTING FINDINGS AND RECOMMENDATION TO (1) GRANT IN PART AND DENY IN PART DEFENDANT HAWAIIAN TELCOM, INC.'S MOTION FOR TAXATION OF COSTS; AND (2) GRANT IN PART AND DENY IN PART DEFENDANT OCEANIC TIME WARNER CABLE, LLC AND TIME WARNER CABLE, INC.'S MOTION FOR TAXATION OF COSTS re #803 - Signed by JUDGE ALAN C KAY on 12/17/2015. (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 805
SUPPLEMENT re #804 Order on Motion for Miscellaneous Relief,,,,, by Broadband iTV, Inc. Plaintiff Broadband iTV, Inc.'s Submission of Supplemental Materials for Record on Appeal. (Attachments: #1 Exhibit A - BBiTV's June 4. 2015 Revised Slides, #2 Exhibit B - Defendants' June 4, 2015 Revised Slides, #3 Exhibit C - BBiTV's September 17, 2015 Revised Slides, #4 Exhibit D - TWC's Part 1 September 17, 2015 Revised Slides, #5 Exhibit E - TWC's Part 2 September 17, 2015 Revised Slides, #6 Exhibit F - HTI's September 17, 2015 Slides, #7 Certificate of Service)(Rhee, John)
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Filing 804
ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF'S MOTION TO SUPPLEMENT THE RECORD re #789 - Signed by JUDGE ALAN C KAY on 12/8/2015. "For the reasons explained above, the Court GRANTS in part and DENIES in part Plaintiffs Motion to Supplement the Record, ECF No. 789. By Monday, December 14, 2015, Plaintiff is DIRECTED to submit to the Court a true and accurate set of only those slides actually referred to by Plaintiff and Defendants during their oral presentations at the Court's June 4, 2015 and September 17, 2015 hearings. If Defendants disagree with the contents or numbers of the slides submitted by Plaintiff, they are DIRECTED to file objections with the Court by Monday, December 21, 2015. However, if there are any such objections, the parties are DIRECTED to endeavor to resolve the same, thereby avoiding the need for any Defendant to file an objection. If such objections are filed, the Court will schedule a hearing promptly. If no objections are filed, then Plaintiff shall add the slides that it submits to the record on appeal." (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 803
FINDINGS AND RECOMMENDATION TO (1) GRANT IN PART AND DENY IN PART DEFENDANT HAWAIIAN TELCOM, INC.'S MOTION FOR TAXATION OF COSTS; AND (2) GRANT IN PART AND DENY IN PART DEFENDANTS OCEANIC TIME WARNER CABLE, LLC AND TIME WARNER CABLE, INC.'S MOTION FOR TAXATION OF COSTS re #785 , #787 - Signed by MAGISTRATE JUDGE RICHARD L. PUGLISI on 11/25/2015. "The Court FINDS AND RECOMMENDS that the district court (1) GRANT Defendant Hawaiian Telcom, Inc.'s request for $38,955.79 in costs and DENY the remaining costs requested; and (2) GRANT Defendants Oceanic Time Warner Cable, LLC and Time Warner Cable, Inc.'s request for $90,697.04 in costs and DENY the remaining costs requested." (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 802
REPLY re #789 MOTION to Supplement the Record filed by Broadband iTV, Inc.. (Attachments: #1 Certificate of Service)(Rhee, John)
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Filing 801
Joinder re #800 Memorandum in Opposition to Motion filed by Time Warner Cable, Inc., Oceanic Time Warner Cable, LLC filed by Hawaiian Telcom, Inc.. (Attachments: #1 Certificate of Service)(Stroy, Brandon)
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Filing 800
MEMORANDUM in Opposition re #789 MOTION to Supplement the Record filed by Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc.. (Attachments: #1 Certificate of Service)(Tobin, Brett)
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Filing 799
REPLY in Support of its Motion for Taxation of Costs re #785 filed by Hawaiian Telcom, Inc.. (Attachments: #1 Supplement Declaration of Brandon H. Stroy, #2 Exhibit 1, #3 Certificate of Service)(Yamamoto, Randall) Modified on 11/13/2015 to add linkage to #785 (emt, ).
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Filing 798
REPLY re #787 MOTION for Taxation of Costs filed by Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc.. (Attachments: #1 Certificate of Compliance, #2 Supplemental Declaration of Nathan L. Brown, #3 Exhibit 10 - Email from US Legal Support, #4 Exhibit 11 - Milton Diaz Perez 7-28-15 depo excerpts, #5 Exhibit 12 - Milton Diaz Perez 7-29-15 depo excerpts, #6 Exhibit 13 - BBiTV Objs & Response to TWC 2nd set of Rogs (No. 9) 4-30-15, #7 Exhibit 14 - Ltr fr Simmons to Brown 4-29-15, #8 Certificate of Service)(Tobin, Brett)
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Filing 797
EO: Defendants may file replies in support of their Motions for Taxation of Costs #785 #787 no later than 11/12/2015.(MAGISTRATE JUDGE RICHARD L. PUGLISI)(agh)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 796
MEMORANDUM in Opposition re #787 MOTION for Taxation of Costs filed by Broadband iTV, Inc.. (Attachments: #1 Certificate of Service)(Rhee, John)
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Filing 795
MEMORANDUM in Opposition re #785 MOTION for Taxation of Costs filed by Broadband iTV, Inc.. (Attachments: #1 Certificate of Service)(Rhee, John)
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Filing 794
MEMORANDUM in Support re #787 MOTION for Taxation of Costs [Unredacted] filed by Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc.. (Attachments: #1 Memorandum in Support of Mtn for Taxation of Costs, #2 Declaration of Daniel Reisner, #3 Declaration of Nathan L. Brown, #4 Exhibit 5 - Excerpts of A. Monk 6-24-15 Transcript, #5 Exhibit 6 - Excerpts of Dyer Matlock 9-15-15 Transcript, #6 Exhibit 7 - Excerpts of Eric Tom 6-18-15 Transcript, #7 Exhibit 8 - Excerpts of Richard Tillotson 7-15-15 Transcript, #8 Exhibit 9 - Excerpts of David Tumilowicz 7-31-15 Transcript, #9 Certificate of Service)(Tobin, Brett)Modified on 11/6/2015 (afc).
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Filing 793
EO: On 10/28/2015, the court construed #786 Defendants Time Warner Cable Inc. and Oceanic Time Warner Cable LLC's Ex Parte Motion For Leave to File Under Seal Memorandum in Support of Defendants Time Warner Cable Inc. and Oceanic Time Warner Cable LLC's Motion for Taxation of Costs, Declaration of Daniel Reisner, Declaration of Nathan L. Brown, and Exhibits 5-9 as a request to file the documents at issue publicly pursuant to Local Rule 83.12(b). See ECF No. 788 .The Court directed Plaintiff to file any objections no later than 11/3/2015. Id. No objections were filed. Accordingly, the Court GRANTS Defendants Time Warner Cable Inc. and Oceanic Time Warner Cable LLC's request to file the documents at issue publicly. Defendants Time Warner Cable Inc. and Oceanic Time Warner Cable LLC shall file their Motion for Taxation of Costs, the Declaration of Daniel Reisner, the Declaration of Nathan L. Brown, and Exhibits 5-9 on the public docket no later than 11/6/2015. Defendants Time Warner Cable Inc. and Oceanic Time Warner Cable LLC shall also submit to the Court two courtesy copies of the complete unredacted Motion for Taxation of Costs, including all declarations and exhibits thereto. (MAGISTRATE JUDGE RICHARD L. PUGLISI)(agh). CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 792
FIRST STIPULATION AND ORDER EXTENDING TIME TO FILE OPPOSITIONS TO: (1) DEFENDANT HAWAIIAN TELCOM, INC'S MOTION FOR TAXATION OF COSTS FILED OCTOBER 27, 2015 re: #785 ; AND (2) DEFENDANTS OCEANIC TIME WARNER CABLE LLC AND TIME WARNER CABLE, INC.'S MOTION FOR TAXATION OF COSTS FILED OCTOBER 27, 2015 re: #787 . Signed by MAGISTRATE JUDGE RICHARD L. PUGLISI on 11/4/2015. Deadline extended from November 3, 2015, up to and including November 6, 2015. (afc)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 791
EO: The Court is in receipt of Plaintiff's Motion to Supplement the Record, filed on 11/2/2015. ECF No. 789. The Court intends to resolve the motion without a hearing pursuant to Local Rule 7.2(d).Plaintiff's motion indicates that it is opposed by Defendants HTI and TWC. Defendants' Oppositions to Plaintiff's motion, if any, must be filed by 11/16/2015. Plaintiff's Replies, if any, must be filed by 11/23/2015. IT IS SO ORDERED. (JUDGE ALAN C KAY)(lls, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 790
Additional Exhibits to #789 MOTION Supplement Record filed by Broadband iTV, Inc.. (Attachments: #1 Exhibit E - Part 1 - HTI Handout at 09-17-15 MSJ Hearing, #2 Exhibit E - Part 2, #3 Exhibit F - Part 1 - TWC Handout #1 at 09-17-15 MSJ Hearing, #4 Exhibit F - Part 2, #5 Exhibit F - Part 3, #6 Exhibit G - Part 1 - TWC Handout #2 at 09-17-15 MSJ Hearing, #7 Exhibit G - Part 2, #8 Exhibit G - Part 3, #9 Exhibit G - Part 4, #10 Exhibit G - Part 5, #11 Exhibit G - Part 6, #12 Exhibit G - Part 7, #13 Exhibit G - Part 8, #14 Exhibit G - Part 9, #15 Exhibit G - Part 10, #16 Exhibit G - Part 11, #17 Exhibit G - Part 12, #18 Exhibit H - 09-17-15 Hearing Transcript, #19 Exhibit I - 10-22-15 Email from J. Rhee, #20 Exhibit J - 10-26-15 Email from D. Eiseman, #21 Exhibit K - 10-26-15 Email from B. Stroy, #22 Certificate of Service)(Rhee, John)
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Filing 789
MOTION Supplement Record John S. Rhee appearing for Plaintiff Broadband iTV, Inc. (Attachments: #1 Memorandum in Support of Motion to Supplement Record, #2 Declaration of John Rhee, #3 Exhibit A - Part 1 - BBiTV Handout at 06-04-15 hearing, #4 Exhibit A - Part 2, #5 Exhibit A - Part 3, #6 Exhibit A - Part 4, #7 Exhibit A - Part 5, #8 Exhibit A - Part 6, #9 Exhibit A - Part 7, #10 Exhibit A - Part 8, #11 Exhibit A - Part 9, #12 Exhibit A - Part 10, #13 Exhibit B - Part 1 - Defendants Handout at 06-04-15 hearing, #14 Exhibit B - Part 2, #15 Exhibit B - Part 3, #16 Exhibit B - Part 4, #17 Exhibit B - Part 5, #18 Exhibit B - Part 6, #19 Exhibit B - Part 7, #20 Exhibit B - Part 8, #21 Exhibit C - Excerpts of 06-04-15 Hearing Transcript, #22 Exhibit D - Part 1 - BBiTV Handout at 09-17-15 MSJ Hearing, #23 Exhibit D - Part 2, #24 Exhibit D - Part 3, #25 Exhibit D - Part 4, #26 Exhibit D - Part 5, #27 Exhibit D - Part 6, #28 Exhibit D - Part 7, #29 Exhibit D - Part 8, #30 Exhibit D - Part 9, #31 Exhibit D - Part 10)(Rhee, John)
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Filing 788
EO: Defendants Time Warner Cable Inc. and Oceanic Time Warner Cable LLC filed an #786 Ex Parte Motion For Leave to File Under Seal Memorandum in Support of Defendants Time Warner Cable Inc. and Oceanic Time Warner Cable LLC's Motion for Taxation of Costs, Declaration of Daniel Reisner, Declaration of Nathan L. Brown, and Exhibits 5-9. Although the filing is titled as a motion to seal, Defendants do not present any argument to support the sealing of the documents at issue under the appropriate standard. Instead, Defendants assert that it is Plaintiff's position that the information in the documents at issue is confidential. See ECF NO. 786 at 6-9.Accordingly, the Court construes Defendants' Ex Parte Motion as a request to file the documents at issue publicly under Local Rule 83.12(b). No later than November 3, 2015, Plaintiff shall file written objections, if any, to Defendants' request to publicly file the documents at issue. See LR 83.12(b) (No later than seven (7) days after the filing of a motion to file a matter publicly, any party may file and serve written objections seeking to have all or part of the matter sealed.). If Plaintiff seeks to have any of the documents at issue filed under seal, Plaintiff must provide the appropriate argument and documentation necessary to support the sealing of the subject documents. (MAGISTRATE JUDGE RICHARD L. PUGLISI)(agh)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 787
MOTION for Taxation of Costs Brett R. Tobin appearing for Defendants Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc. (Attachments: #1 Memorandum in Support of Motion [Redacted], #2 Bill of Costs, #3 Declaration of Brett Tobin, #4 Exhibit 1 - Invoices for Printed or Electronically Recorded Transcripts, #5 Exhibit 2 - Invoices for Copies of Materials, #6 Exhibit 3 - Invoices and or Checks for Process Server and Witness Fees, #7 Declaration of Daniel Reisner [Redacted], #8 Declaration of Nathan Brown [Redacted], #9 Exhibit 4 - BBiTV Amended 1st Request for PODs to TWC (Nos. 1-47), #10 Exhibit 5 - Monk (FUS), #11 Exhibit 6 - Matlock (FUS), #12 Exhibit 7 - Tom (FUS), #13 Exhibit 8 - Tillotson (FUS), #14 Exhibit 9 Tumilowicz (FUS), #15 Declaration of Victor Peterson, #16 Certificate of Service)(Tobin, Brett)
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Filing 786
Ex Parte MOTION for Leave to File Under Seal Memorandum in Support of Defendants Oceanic Time Warner Cable, LLC and Time Warner Cable Inc.s Motion for Taxation of Costs, Declaration of Daniel Reisner, Declaration of Nathan L. Brown and Exhibits 5 - 9 Brett R. Tobin appearing for Defendants Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc. (Attachments: #1 Declaration of Nathan L. Brown, #2 [Proposed] Order Granting Ex Parte Motion for Leave to File Under Seal, #3 Certificate of Service)(Tobin, Brett)
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Filing 785
MOTION for Taxation of Costs Randall Y. Yamamoto appearing for Defendant Hawaiian Telcom, Inc. (Attachments: #1 Memorandum in Support of Motion, #2 Bill of Costs, #3 Declaration of Brandon Stroy, #4 Exhibit A, #5 Exhibit B, #6 Exhibit C, #7 Exhibit D, #8 Exhibit E, #9 Certificate of Service)(Yamamoto, Randall)
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Filing 784
TRANSCRIPT Designation and Ordering Form by Broadband iTV, Inc. (Rhee, John)
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Filing 783
U.S. Court of Appeals for the Federal Circuit Case Number 16-1083 for #778 Notice of Appeal, filed by Broadband iTV, Inc. (emt, )No COS issued for this docket entry
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Filing 782
FIRST STIPULATION AND ORDER EXTENDING TIME TO FILE RULE 54 BILL OF COSTS - Signed by MAGISTRATE JUDGE RICHARD L. PUGLISI on 10/14/2015. The deadline for filing bill of costs is extended from October 13, 2015 up to and including October 27, 2015. (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 780
Attorney Appeal Packet re ( 183 in 1:15-cv-00131-ACK-RLP) Notice of Appeal and ( #778 in 1:14-cv-00169-ACK-RLP) Notice of Appeal filed by Broadband iTV, Inc. Please refer to the U.S. Court of Appeals for the Federal Circuit at www.cafc.uscourts.gov for guidance concerning rules and procedures. (Attachments: #1 Notice of Appeal; CV 14-00169 ACK-RLP, #2 Notice of Appeal; CV 15-00131 ACK-RLP, #3 Letter Re: Court Reporters, #4 Transcript Designation and Ordering Form, #5 Additional Instructions for Transcript Designation and Ordering Form, #6 Docket Sheet; CV 14-00169 ACK-RLP, #7 Docket Sheet; CV 15-00131 ACK-RLP) Associated Cases: 1:14-cv-00169-ACK-RLP, 1:15-cv-00131-ACK-RLP (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 779
TRANSMITTAL of DOCUMENTS: Letter to the U.S. Court of Appeals for the Federal Circuit from the Clerk's Office, dated October 14, 2015 Re: Forwarding Notices of Appeal filed on October 9, 2015. (Attachments: #1 Notice of Appeal; CV 14-00169 ACK-RLP, #2 Notice of Appeal; CV 15-00131 ACK-RLP) Associated Cases: 1:14-cv-00169-ACK-RLP, 1:15-cv-00131-ACK-RLP (emt, )
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Filing 778
NOTICE OF APPEAL by Broadband iTV, Inc.. Filing fee $ 505, receipt number 0975-1617091. (Attachments: #1 Order Granting Defendant Hawaiian Telcom's Motion for Summary Judgment, #2 Judgment in a Civil Case, #3 Certificate of Service)(Rhee, John) Modified on 10/21/2015 U.S. Court of Appeals for the Federal Circuit Case No. 16-1083 (emt, ).
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Filing 777
CLERK'S JUDGMENT entered on 9/29/2015 pursuant to #775 ORDER GRANTING DEFENDANT HAWAIIAN TELCOM, INC.'S MOTION SUMMARY JUDGMENT OF INVALIDITY UNDER 35 U.S.C. 101. (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 776
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS OCEANIC TIME WARNER CABLE, LLC AND TIME WARNER CABLE, INC.'S MOTION FOR SUMMARY JUDGMENT REGARDING INVALIDITY OF U.S. PATENT NO. 7,631,336 re #474 - Signed by JUDGE ALAN C KAY on 9/29/2015. "For the reasons set forth above, the Court finds that the '336 Patent is invalid under 35 U.S.C. 101. Accordingly, the Court GRANTS IN PART and DENIES IN PART Defendants Oceanic Time Warner Cable, LLC and Time Warner Cable, Inc.'s Motion for Summary Judgment Regarding Invalidity of U.S. Patent No. 7,631,336, ECF No. #474 . TWC's motion is granted as to its argument that the '336 Patent is invalid under 35 U.S.C. 101, but denied as to its arguments that the '336 Patent's claims are obvious or anticipated over prior art. Plaintiff's claims of infringement of the '336 Patent are DISMISSED with prejudice." Associated Cases: 1:14-cv-00169-ACK-RLP, 1:15-cv-00131-ACK-RLP (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 775
ORDER GRANTING DEFENDANT HAWAIIAN TELCOM, INC.'S MOTION SUMMARY JUDGMENT OF INVALIDITY UNDER 35 U.S.C. 101 re #463 - Signed by JUDGE ALAN C KAY on 9/29/2015. "For the reasons set forth above, the Court finds that the '336 Patent is invalid under 35 U.S.C. 101. Accordingly, the Court GRANTS Defendant Hawaiian Telcom's Motion for Summary Judgment of Invalidity under 35 U.S.C. 101, ECF No. #463 . Plaintiff's claims of infringement of the '336 Patent are DISMISSED with prejudice." * "Based on the foregoing, all other pending motions in the instant case are DENIED as moot." finding as moot #466 , #470 , #480 , #481 , #681 , #750 , #751 , #753 , #773 in case 1:14-cv-00169-ACK-RLP Associated Cases: 1:14-cv-00169-ACK-RLP, 1:15-cv-00131-ACK-RLP (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 774
EO: The Court is in receipt of a letter from Plaintiffs counsel dated 9/22/2015, offering to provide copies of infringement expert reports referenced by counsel at the Court's hearing of 9/17/2015 on Defendants motions for summary judgment regarding patent invalidity. ECF No. 757. The reports were not included in Plaintiffs briefing on those motions. For the reasons discussed below, the Court declines Plaintiffs offer to provide copies of these documents. TWC's counsel filed a response to the foregoing letter on 9/24/2015, ECF No. 763, and HTI's counsel filed a response on 9/25/2015, ECF No. 770. Both Defendants argue that Plaintiff should not be permitted to file additional evidence in opposition to their motions, which were already fully briefed and argued. If such permission were to be granted, Defendants request an opportunity to respond. See ECF Nos. 763, 770. HTI's counsel further states that the expert reports at issue are not "relevant to the question of patentability under 35 U.S.C. 101." ECF No. 770. Lastly, the Court notes that it is not persuaded by Plaintiff's suggestion in its letter of 9/25/2015 that it must disregard the preemption arguments presented in Defendants Reply briefs pursuant to Local Rule 7.4. Plaintiffs' Oppositions to Defendants' summary judgment motions each briefed the issue of preemption over the course of three pages. See ECF Nos. 559 at 17-19, 561 at 11-13. Preemption therefore was not a new issue raised in the Replies; rather, Defendants responded to arguments raised by Plaintiff. Local Rule 7.4 specifically provides that a party is to respond in its Reply to "arguments raised in the opposition."IT IS SO ORDERED. (REFER TO MINUTE ORDER TO GET JUDGE KAY'S FULL RULING AS STATED IN THE MINUTE ORDER) (JUDGE ALAN C KAY)(lls, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 773
MOTION for Leave to File Defendant Hawaiian Telcom, Inc.'s Motion to Publicly File Certain Exhibits Randall Y. Yamamoto appearing for Defendant Hawaiian Telcom, Inc. (Attachments: #1 [Proposed] Order Granting Defendant Hawaiian Telcom, Inc.'s Motion to Publicly File Certain Exhibits, #2 Exhibit 1, #3 Exhibit 2, #4 Certificate of Service)(Yamamoto, Randall)
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Filing 772
MEMORANDUM in Opposition re #681 APPEAL OF MAGISTRATE JUDGE DECISION to District Court by Broadband iTV, Inc. re #500 Order on Motion to Compel, Order on Motion for Miscellaneous Relief,,,, filed by Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc.. (Attachments: #1 Declaration of Counsel [Daniel L. Reisner], #2 Exhibit 1 - 8-13-15 Email Simmons to Reisner, #3 Exhibit 2 - BBiTV Mtn to Compel Compliance with Subpoena, #4 Exhibit 3 - Excerpts of 10-27-14 TOP, #5 Exhibit 4 - Excerpts of Expert Rebuttal Report of Michael Adams re Non-Infringement, #6 Exhibit 5 - BBiTV 4-14-15 Subpoena to Bubiquity, #7 Exhibit 6 - Excerpts of 8-14-15 30(b)(6) Depo of TWC by Andrew Brown, #8 Certificate of Service)(Tobin, Brett)
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Filing 771
Letter addressed to Judge Alan C. Kay from Paul Alston, Esq., dated September 25, 2015 Re: Response to Letters by David Eiseman, Esq. and Brandon H. Stroy, docket entries #763 and #770 . (emt, )
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Filing 770
Letter dated September 25, 2015 addressed to Judge Alan C. Kay from Brandon H. Stroy, Esq., attorney for Defendant Hawaiian Telcom, Inc. Letter response to #757 Plaintiff Broadband iTV's September 22, 2015 letter regarding Defendants' arguments for summary judgment ofinvalidity under 35 U.S.C. 101. [M/SJ doc nos. #463 , #474 ] (afc)
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Filing 769
SEALED EXHIBIT: Submission of Highly Confidential EXHIBIT "E" to #681 Plaintiff's Appeal from Magistrate's Order Denying Plaintiff's Motion to Compel Email Discovery, Dkt. #500 and Order Denying Reconsideration, Dkt. #564 - filed by Broadband iTV, Inc.SEALED pursuant to 760 Minute Order (emt, ) (emt, ).
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Filing 768
SEALED EXHIBIT: Submission of Highly Confidential EXHIBIT "F" to #439 Plaintiff's MOTION to Strike #438 Portions of Expert Reports of Branko Gerovac - filed by Broadband iTV, Inc. SEALED pursuant to 762 Minute Order related to: #667 (redacted) Exhibit F (emt, ) (Additional attachment(s) added on 9/24/2015: #1 Reply Expert Report of Branko Gerovac, #2 Reply Exhibit 1, #3 Reply Exhibit 2, #4 Reply Exhibit 3 (part 1 of 9) , #5 Reply Exhibit 3 (part 2 of 9) , #6 Reply Exhibit 3 (part 3 of 9) , #7 Reply Exhibit 3 (part 4 of 9) , #8 Reply Exhibit 3 (part 5 of 9) , #9 Reply Exhibit 3 (part 6 of 9) , #10 Reply Exhibit 3 (part 7 of 9) , #11 Reply Exhibit 3 (part 8 of 9) , #12 Reply Exhibit 3 (part 9 of 9) (emt, ).
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Filing 767
SEALED EXHIBIT: Submission of Highly Confidential EXHIBIT "B" to #439 Plaintiff's MOTION to Strike #438 Portions of Expert Reports of Branko Gerovac - filed by Broadband iTV, Inc. SEALED pursuant to 762 Minute Order related to: #667 (redacted) Exhibit B (emt, ) (Additional attachment(s) added on 9/24/2015: #1 Expert Report of Branko Gerovac, #2 Attachment 1, #3 Exhibit 1, #4 Exhibit 2 (part 1 of 8), #5 Exhibit 2 (part 2 of 8) , #6 Exhibit 2 (part 3 of 8) , #7 Exhibit 2 (part 4 of 8) , #8 Exhibit 2 (part 5 of 8) (emt, ). (Additional attachment(s) added on 9/24/2015: #9 Exhibit 2 (part 6 of 8), #10 Exhibit 2 (part 7 of 8) , #11 Exhibit 2 (part 8 of 8 ) (emt, ). Modified on 9/24/2015 (emt, ).
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Filing 766
SEALED EXHIBIT: Submission of EXHIBIT A to #675 Defendants Oceanic Time Warner Cable LLC and Time Warner Cable Inc.'s Motion (1) for Leave to File Substitute Memorandum in Supoort of Their Motion for Summary Judgment of Non-Infringement filed August 10, 2015 #481 and (2) to Set November 4, 2015 as the Deadline to Respond to the Motion - filed by Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc. SEALED pursuant to 761 Minute Order related to: #480 MOTION for Summary Judgment of Non-Infringement (emt, ) (emt, ).
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Filing 765
TRANSCRIPT of Proceedings (HTI'S M/SJ RE: INVALIDITY #463 ; TWC'S M/SJ RE: INVALIDITY #474 ) held on 9/17/15 - before Judge ALAN C. KAY. Court Reporter Cynthia Fazio, Telephone number 808.541.2063. Transcript may be viewed at the court public terminal or ordered through the Court Reporter before the deadline for Release of Transcript. Remote availability of electronic transcripts is regulated by FRCP 5.2(a),FRCrP 49.1(a) and FRBP 9037(a) Redaction Request due 10/13/2015. Redacted Transcript Deadline set for 10/22/2015. Release of Transcript Restriction set for 12/21/2015. (78 p.) Associated Cases: 1:14-cv-00169-ACK-RLP, 1:15-cv-00131-ACK-RLP(cf@hid.uscourts.gov)
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Filing 764
SEALED EXHIBIT: Submission of UNREDACTED Highly Confidential EXHIBIT C to #437 Plaintiff's MOTION to Strike Portions of Supplemental Expert Report of Jesse David filed August 5, 2015 - filed by Broadband iTV, Inc. SEALED pursuant to 759 Minute Orderrelated to : #662 (redacted) Exhibit C (emt, ) (emt, ).
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Filing 763
Letter addressed to Judge Alan C. Kay from David Eiseman, Esq., counsel for Defendants Oceanic Time Warner Cable LLC and Time Warner Cable Inc., dated September 24, 2015 Re: Response to #757 Plaintiff Broadband iTV's September 22, 2015 letter regarding the Section 101 invalidity arguments asserted by TWC and Hawaiian Telcom, Inc., in their pending motions for summary judgment of invalidity. (emt, )
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Filing 762
EO: The Court has reviewed #665 Plaintiff's Renewed Ex Parte Motion to Seal Unredacted Versions of Exhibits B and F to Plaintiff's #439 Motion to Strike Portions of Expert Reports of Branko Gerovac and finds good cause to seal Exhibit B and Exhibit F. Plaintiff has filed new redacted versions of Exhibit B and Exhibit F, which redact only confidential information and allow the Exhibits to be open to public inspection to the fullest extent possible. See LR 83.12(c). The Clerk's Office is directed to place under seal Exhibit B and Exhibit F to Plaintiff's #439 Motion to Strike Portions of Expert Reports of Branko Gerovac. The redacted version already filed on the public docket shall be open for public inspection. See ECF No. 667. (MAGISTRATE JUDGE RICHARD L. PUGLISI)(agh)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 761
EO: The Court has carefully reviewed #674 Ex Parte Motion for Leave to File Under Seal Exhibit A to #675 Defendants Oceanic Time Warner Cable, LLC and Time Warner Cable Inc.'s Motion (1) for Leave to File Substitute Memorandum in Support of Their Motion for Summary Judgment of Non-Infringement Filed August 10, 2015 and (2) to Set November 4, 2015 as the Deadline for Plaintiff to Respond to the Motion and finds that Defendants Oceanic Time Warner Cable, LLC and Time Warner Cable Inc. have demonstrated compelling reasons to seal the document at issue. The declarations referenced in the Ex Parte Motion provide the particularized factual basis that support sealing the document at issue. The Clerk's Office is directed to place under seal the unredacted copy of Exhibit A to #675 Defendants Oceanic Time Warner Cable, LLC and Time Warner Cable Inc.'s Motion (1) for Leave to File Substitute Memorandum in Support of Their Motion for Summary Judgment of Non-Infringement Filed August 10, 2015 and (2) to Set November 4, 2015 as the Deadline for Plaintiff to Respond to the Motion. The redacted copy already filed by Defendants shall remain open for public inspection. See ECF No. 675-1. (MAGISTRATE JUDGE RICHARD L. PUGLISI)(agh)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 760
EO: The Court has reviewed #682 Plaintiff's Ex Parte Motion to Seal Exhibit E to Plaintiff's Appeal from Magistrate's Order Denying Plaintiff's Motion to Compel Email Discovery, Dkt 500 and Order Denying Reconsideraton, Dkt 564 and finds good cause to seal Exhibit E. The Clerk's Office is directed to place under seal Exhibit E to Plaintiff's Appeal from Magistrate's Order Denying Plaintiff's Motion to Compel Email Discovery and Order Denying Reconsideraton. The redacted version already filed on the public docket shall be open for public inspection. See ECF No. 681-6.(MAGISTRATE JUDGE RICHARD L. PUGLISI)(agh)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 759
EO: The Court has reviewed #661 Plaintiff's Renewed Ex Parte MOTION to Seal Unredacted Version of Exhibit "C" to #437 Plaintiff's Motion to Strike Portions of Supplemental Expert Report of Jesse David filed by Broadband iTV, Inc. and finds good cause to seal the unredacted version of Exhibit C. The Clerk's Office is directed to place under seal the unredacted version of Exhibit "C" to #437 Plaintiff's Motion to Strike Portions of Supplemental Expert Report of Jesse David filed by Broadband iTV, Inc. The redacted version already filed on the public docket shall be open for public inspection. See ECF No. #662 . (MAGISTRATE JUDGE RICHARD L. PUGLISI)(agh)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 758
EO: Pursuant to Local Rule 83.12(b), any party who contends that any information related to #753 Ex Parte MOTION for Leave to File Under Seal Defendants Oceanic Time Warner Cable, LLC and Time Warner Cable Inc.'s Substitute Memorandum in Support of their Motion for Summary Judgment of Non-Infringement Filed August 10, 2015 is not entitled to confidential treatment may challenge the designation by no later than seven (7) days after the filing of the motion. (MAGISTRATE JUDGE RICHARD L. PUGLISI)(agh)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry Modified on 9/23/2015 to assign document number (emt, ).
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Filing 757
Correspondence: Letter dated 9/22/2015 addressed to Judge Alan C. Kay from Paul Alston, Esq. on behalf of plaintiffs.Letter re: 9/17/2015 hearing on motions #463 and #474 (minutes of hearing: #735 ). In summary: "At last Thursday's oral argument, both Plaintiff and TWC referred to expert reports that discussed purported non-infringing alternatives identified by Defendants....""Since this preemption argument was not mentioned in the Defendants' moving papers, neither this report nor the unfiled report concerning alleged non-infringing alternatives prepared by Hawaiian Telcom's expert, Michael Aron was cited or included in Plaintiff's opposition memorandum. If the Court wishes to receive copies, we will provide them." (afc) Modified on 9/23/2015 (emt, ).
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Filing 756
EO: EO: Pursuant to Local Rule 83.12(b), any party who contends that any information related to re #751 Renewed Ex Parte MOTION for Leave to File Exhibit E to 599 Plaintiff's Reply in support of 437 Motion to Strike Portions of David Supplemental Report Under Seal is not entitled to confidential treatment may challenge the designation by no later than seven (7) days after the filing of the motion. (MAGISTRATE JUDGE RICHARD L. PUGLISI)(agh)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 755
EO: EO: Pursuant to Local Rule 83.12(b), any party who contends that any information related to #750 Ex Parte MOTION for Leave to File Under Seal TWC Exhibits A-C to the Declaration of David Eiseman in Support of Its Motion to Exclude the Testimony of Christopher Leisner Under Fed. R. Evid. 702 and Daubert is not entitled to confidential treatment may challenge the designation by no later than seven (7) days after the filing of the motion. (MAGISTRATE JUDGE RICHARD L. PUGLISI)(agh)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 754
MEMORANDUM re #480 MOTION for Summary Judgment of Non-Infringement (Defendants Oceanic Time Warner Cable LLC and Time Warner Cable Inc.s Submission of Substitute Memorandum in Support of Motion of Defendants Oceanic Time Warner Cable, LLC and Time Warner Cable Inc. for Summary Judgment of Non-Infringement #480 ) filed by Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc.. (Attachments: #1 [Redacted] Substitute Memorandum, #2 Certificate of Service)(Munger, Lisa)
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Filing 753
Ex Parte MOTION for Leave to File Under Seal Defendants Oceanic Time Warner Cable, LLC and Time Warner Cable Inc.'s Substitute Memorandum in Support of their Motion for Summary Judgment of Non-Infringement Filed August 10, 2015 #480 Lisa W. Munger appearing for Defendants Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc. (Attachments: #1 Declaration of Counsel, #2 [Proposed] Order Granting Ex Parte Motion for Leave to File Under Seal, #3 Certificate of Service)(Munger, Lisa)
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Filing 752
Additional Exhibits [Submission of EXHIBITS A [redacted], B [redacted], C [redacted], I and O to Declaration of David Eiseman in Support of] #624 MOTION in Limine Defendants Oceanic Time Warner Cable LLC and Time Warner Cable Inc.'s Motion to Exclude the Testimony of Christopher Leisner Under Fed. R. Evid. 702 and Daubert filed by Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc.. (Attachments: #1 Exhibit A - [Redacted] Leisner Opening Report, #2 Exhibit B - [Redacted] Leisner Supplemental Report, #3 Exhibit C - [Redacted] Leisner Response Report, #4 Exhibit I - MDP Depo Excerpts, #5 Exhibit O - BBiTV000209-29, #6 Certificate of Service)(Tobin, Brett) Modified on 9/22/2015 (emt, ).
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Filing 751
Renewed Ex Parte MOTION for Leave to File Exhibit E to #599 Plaintiff's Reply in support of #437 Motion to Strike Portions of David Supplemental Report Under Seal John S. Rhee appearing for Plaintiff Broadband iTV, Inc. (Renewed Motion per Dkt. 686 ) (Attachments: #1 Declaration of John Rhee, #2 Proposed Order, #3 Certificate of Service)(Rhee, John) Modified on 9/22/2015 (emt, ).
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Filing 750
Ex Parte MOTION for Leave to File Under Seal TWC Exhibits A-C to the Declaration of David Eiseman in Support of Its Motion to Exclude the Testimony of Christopher Leisner Under Fed. R. Evid. 702 and Daubert [Dkt. #624 ] Brett R. Tobin appearing for Defendants Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc. (Attachments: #1 Declaration of Counsel [Brett R. Tobin], #2 [Proposed] Order Granting EXPM for Leave to File Under Seal, #3 Certificate of Service)(Tobin, Brett) Modified on 9/22/2015 (emt, ).
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Filing 749
SEALED EXHIBIT: Submission of EXHIBIT G to the Declaration of Brandon H. Stroy in Support of #532 Hawaiian Telcom's Opposition to #437 BBiTV's MOTION to Strike Portions of Supplemental Expert Report of Dr. Jesse David - filed by Hawaiian Telcom, Inc. SEALED pursuant to 739 Minute Order (emt, ) (emt, ).
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Filing 748
SEALED EXHIBIT: Submission of EXHIBIT F to the Declaration of Brandon H. Stroy in Support of #532 Hawaiian Telcom's Opposition to #437 BBiTV's MOTION to Strike Portions of Supplemental Expert Report of Dr. Jesse David - filed by Hawaiian Telcom, Inc. SEALED pursuant to 739 Minute Order (emt, ) (emt, ).
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Filing 747
SEALED EXHIBIT:Submission of EXHIBIT E to the Declaration of Brandon H. Stroy in Support of #532 Hawaiian Telcom's Opposition to #437 BBiTV's MOTION to Strike Portions of Supplemental Expert Report of Dr. Jesse David - filed by Hawaiian Telcom, Inc. SEALED pursuant to 739 Minute Order (emt, ) (emt, ).
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Filing 746
SEALED EXHIBIT: Submission of EXHIBIT D to the Declaration of Brandon H. Stroy in Support of #532 Hawaiian Telcom's Opposition to #437 BBiTV's MOTION to Strike Portions of Supplemental Expert Report of Dr. Jesse David - filed by Hawaiian Telcom, Inc. SEALED pursuant to 739 Minute Order (emt, ) (emt, ).
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Filing 745
SEALED EXHIBIT: Submission of EXHIBIT C to the Declaration of Brandon H. Stroy in Support of #532 Hawaiian Telcom's Opposition to #437 BBiTV's MOTION to Strike Portions of Supplemental Expert Report of Dr. Jesse David - filed by Hawaiian Telcom, Inc. SEALED pursuant to 739 Minute Order (emt, ) (emt, ).
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Filing 744
SEALED EXHIBIT:Submission of EXHIBIT B to the Declaration of Brandon H. Stroy in Support of #532 Hawaiian Telcom's Opposition to #437 BBiTV's MOTION to Strike Portions of Supplemental Expert Report of Dr. Jesse David - filed by Hawaiian Telcom, Inc. SEALED pursuant to 739 Minute Order (emt, ) (emt, ).
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Filing 743
SEALED EXHIBIT:Submission of EXHIBIT A to the Declaration of Brandon H. Stroy in Support of #532 Hawaiian Telcom's Opposition to #437 BBiTV's MOTION to Strike Portions of Supplemental Expert Report of Dr. Jesse David - filed by Hawaiian Telcom, Inc. SEALED pursuant to 739 Minute Order (emt, ) (emt, ).
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Filing 742
SEALED EXHIBIT: Submission of EXHIBIT F to the Declaration of Brandon H. Stroy in Support of #530 Hawaiian Telcom's Opposition to #435 BBiTV's MOTION to Strike Portions of the Expert Report of Anthony Wechselberger - filed by Hawaiian Telcom, Inc. SEALED pursuant to 738 Minute Order (emt, ) (emt, ).
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Filing 741
EO: The Court DENIES #645 Defendant Hawaiian Telcom, Inc.'s Revised Ex Parte Motion to Seal Exhibits 1, 2, 8, and 11 and Portions of Exhibits 9 and 10 to Defendant's Motion for Summary Judgment on Non-infringement.Regarding Exhibit 1 and Exhibit 2, Defendant Hawaiian Telcom states that it does not have a basis to request that these Exhibits be filed under seal. Accordingly, Defendant Hawaiian Telcom shall follow the procedures outlined in Local Rule 83.12 to file these Exhibits publicly. Such motion to file these Exhibits publicly shall be filed no later than 9/30/15. Regarding Exhibit 8, Exhibit 9, Exhibit 10, and Exhibit 11, although Defendant Hawaiian Telcom submitted a declaration from counsel, that declaration does not set forth any facts upon which the Court could determine that sealing the Exhibits at issue is appropriate under the standard articulated in Kamakana v. City & Cnty. of Honolulu, 447 F.3d 1172, 1178 (9th Cir. 2006). Defendant Hawaiian Telcom did not provide a declaration from an employee of Defendant Hawaiian Telcom or third-party Vubiquity regarding the confidential nature of the information in the Exhibits at issue. Without such declarations, the Court is unable to determine if a particularized factual basis exists to support sealing the Exhibits at issue. Defendant Hawaiian Telcom may file a second amended motion to seal these Exhibits no later than 9/30/15. (MAGISTRATE JUDGE RICHARD L. PUGLISI)(agh) CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 740
NOTICE of Appearance by Jeffrey Hu on behalf of Hawaiian Telcom, Inc. on behalf of Hawaiian Telcom, Inc.. (Attachments: #1 Certificate of Service)(Hu, Jeffrey)
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Filing 739
EO: The Court has reviewed #641 Defendant Hawaiian Telcom, Inc.'s Revised Ex Parte Motion to Seal Portions of Exhibits A-G to the Declaration of Brandon H. Stroy in Support of Hawaiian Telcom's Opposition to BBiTV's Motion to Strike Portions of the Supplemental Expert Report of Dr. Jesse David and finds good cause to seal the requested portions of Exhibit A, B, C, D, E, F, and G. The Clerk's Office is directed to place the unredacted copies of Exhibits A-G to the Declaration of Brandon H. Stroy in Support of Hawaiian Telcom's Opposition to BBiTV's Motion to Strike Portions of the Supplemental Expert Report of Dr. Jesse David under seal. The redacted copies of these Exhibits already filed by Defendant Hawaiian Telcom shall remain open for public inspection. See ECF Nos. 641-2 through 641-8. (MAGISTRATE JUDGE RICHARD L. PUGLISI)(agh)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 738
AMENDED EO: The Court has reviewed #638 Defendant Hawaiian Telcom, Inc.'s Revised Ex Parte Motion to Seal Portions of Exhibit F to the Declaration of Brandon H. Stroy in Support of Hawaiian Telcom's Opposition to BBiTV's Motion to Strike Portions of the Expert Report of Anthony Wechselberger and finds good cause to seal the requested portions of Exhibit F. The Clerk's Office is directed to place the unredacted copy of Exhibit F to the Declaration of Brandon H. Stroy in Support of Hawaiian Telcom's Opposition to BBiTV's Motion to Strike Portions of the Expert Report of Anthony Wechselberger under seal. The redacted copy of Exhibit F filed by Defendant Hawaiian Telcom shall remain open for public inspection. See ECF No. 638-2. (MAGISTRATE JUDGE RICHARD L. PUGLISI)(puglisi1, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 737
EO: The Court has reviewed #638 Defendant Hawaiian Telcom, Inc.'s Revised Ex Parte Motion to Seal Portions of Exhibit F to the Declaration of Brandon H. Stroy in Support of Hawaiian Telcom's Opposition to BBiTV's Motion to Strike Portions of the Expert Report of Anthony Wechselberger and finds good cause to seal the requested portions of Exhibit F. The Clerk's Office is directed to place the unredacted copy of Exhibit F to the Declaration of Brandon H. Stroy in Support of Hawaiian Telcom's Opposition to BBiTV's Motion to Strike Portions of the Expert Report of Anthony Wechselberger. The redacted copy of Exhibit F filed by Defendant Hawaiian Telcom shall remain open for public inspection. See ECF No. 638-2. (MAGISTRATE JUDGE RICHARD L. PUGLISI)(agh)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 736
EO: The instant minute order addresses scheduling related to TWC's Motion (1) for Leave to File Substitute Memorandum in Support of Their Motion for Summary Judgment of Non-Infringement Filed August 10, 2015 and (2) to Set November 4, 2015 as the Deadline for Plaintiff to Respond to the Motion, ECF No. #675 (''Motion for Leave''), and TWC's Motion to Exclude Expert Testimony of David Wachob on the Issue of Priority, ECF No. #617 (''Motion to Exclude''). (JUDGE ALAN C KAY)(tl, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 735
EP: Hearing held on Defendant #463 Hawaiian Telcom's Motion For Summary Judgment Of Invalidity; and #474 TWC's Motion for Summary Judgment re: Invalidity. Oral arguments heard. Motions taken under Advisement. Court to issue a written order.The Court hereby VACATES the 10/8/2015 hearing date on Defendants Oceanic Time Warner Cable, LLC and Time Warner Cable Inc.'s Motion to Exclude Expert Testimony of David Wachob on the Issue of Priority, Under Daubert and Fed. R. Evid. 702. [ECF No. 617]. (Court Reporter Cynthia Fazio) (JUDGE ALAN C KAY)(tyk)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (tyk, ).
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Filing 734
SEALED EXHIBIT: Submission of EXHIBIT M to Declaration of Brandon H. Stroy in Support of #616 Defendant Hawaiian Telcom, Inc.'s Daubert MOTION to Exclude the Expert Report and Testimony of Christopher Leisner - filed by Hawaiian Telcom, Inc. SEALED pursuant to Minute Order (emt, ) (emt, ).
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Filing 733
SEALED EXHIBIT: Submission of EXHIBIT E to Declaration of Brandon H. Stroy in Support of #616 Defendant Hawaiian Telcom, Inc.'s Daubert MOTION to Exclude the Expert Report and Testimony of Christopher Leisner - filed by Hawaiian Telcom, Inc. SEALED pursuant to 689 Minute Order (emt, ) (emt, ).
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Filing 732
SEALED EXHIBIT: Submission of EXHIBIT C to Declaration of Brandon H. Stroy in Support of #616 Defendant Hawaiian Telcom, Inc.'s Daubert MOTION to Exclude the Expert Report and Testimony of Christopher Leisner - filed by Hawaiian Telcom, Inc. SEALED pursuant 689 Minute Order (emt, ) (emt, ).
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Filing 731
SEALED EXHIBIT:Submission of EXHIBIT B to Declaration of Brandon H. Stroy in Support of #616 Defendant Hawaiian Telcom, Inc.'s Daubert MOTION to Exclude the Expert Report and Testimony of Christopher Leisner - filed by Hawaiian Telcom, Inc. SEALED pursuant to 689 Minute Order (emt, ) (emt, ).
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Filing 730
SEALED EXHIBIT: Submission of EXHIBIT 4 to Declaration of Sasha G. Rao in Support of #614 Defendant Hawaiian Telcom, Inc.'s Daubert MOTION to Exclude the Expert Report and Testimony of Joel Williams - filed by Hawaiian Telcom, Inc.. SEALED pursuant to 688 Minute Order (emt, ) (emt, ).
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Filing 729
SEALED EXHIBIT: Submission of EXHIBIT 3 to Declaration of Sasha G. Rao in Support of #614 Defendant Hawaiian Telcom, Inc.'s Daubert MOTION to Exclude the Expert Report and Testimony of Joel Williams - filed by Hawaiian Telcom, Inc. SEALED pursuant to 688 Minute Order (emt, ) (emt, ).
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Filing 728
SEALED EXHIBIT: Submission of EXHIBIT 1 to Declaration of Sasha G. Rao in Support of #614 Hawaiian Telcom, Inc.'s Daubert MOTION to Exclude the Expert Report and Testimony of Joel Williams - filed by Hawaiian Telcom, Inc.SEALED pursuant to 688 Minute Order (emt, ) (emt, ).
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Filing 727
SEALED EXHIBIT: Submission of EXHIBIT DD to the Declaration of David Eiseman in Support of #624 Defendants Oceanic Time Warner Cable LLC and Time Warner Cable Inc.'s MOTION to Exclude the Testimony of Christopher Leisner Under Fed. R. Evid. 702 and Daubert - filed by Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc. SEALED pursuant to 690 Minute Orderrelated to: #715 Memorandum in Support of Motion (emt, ) (emt, ).
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Filing 726
SEALED EXHIBIT:Submission of EXHIBIT CC to the Declaration of David Eiseman in Support of #624 Defendants Oceanic Time Warner Cable LLC and Time Warner Cable Inc.'s MOTION to Exclude the Testimony of Christopher Leisner Under Fed. R. Evid. 702 and Daubert - filed by Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc. SEALED pursuant to 690 Minute Order related to: #715 Memorandum in Support of Motion (emt, ) (emt, ).
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Filing 725
SEALED EXHIBIT: Submission of EXHIBIT BB to the Declaration of David Eiseman in Support of #624 Defendants Oceanic Time Warner Cable LLC and Time Warner Cable Inc.'s MOTION to Exclude the Testimony of Christopher Leisner Under Fed. R. Evid. 702 and Daubert - filed by Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc. SEALED pursuant to 690 Minute Order related to: #715 Memorandum in Support of Motion (emt, ) (emt, ).
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Filing 724
SEALED EXHIBIT: Submission of EXHIBIT AA to the Declaration of David Eiseman in Support of #624 Defendants Oceanic Time Warner Cable LLC and Time Warner Cable Inc.'s MOTION to Exclude the Testimony of Christopher Leisner Under Fed. R. Evid. 702 and Daubert - filed by Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc. SEALED pursuant to 690 Minute Order related to: #715 Memorandum in Support of Motion (emt, ) (emt, ).
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Filing 723
SEALED EXHIBIT: Submission of EXHIBIT X to the Declaration of David Eiseman in Support of #624 Defendants Oceanic Time Warner Cable LLC and Time Warner Cable Inc.'s MOTION to Exclude the Testimony of Christopher Leisner Under Fed. R. Evid. 702 and Daubert - filed by Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc. SEALED pursuant to 690 Minute Order #715 Memorandum in Support of Motion (emt, ) (emt, ).
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Filing 722
SEALED EXHIBIT: Submission of EXHIBIT W to the Declaration of David Eiseman in Support of #624 Defendants Oceanic Time Warner Cable LLC and Time Warner Cable Inc.'s MOTION to Exclude the Testimony of Christopher Leisner Under Fed. R. Evid. 702 and Daubert - filed by Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc. SEALED pursuant to 690 Minute Order #715 Memorandum in Support of Motion (emt, ) (emt, ).
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Filing 721
SEALED EXHIBIT: Submission of EXHIBIT S to the Declaration of David Eiseman in Support of #624 Defendants Oceanic Time Warner Cable LLC and Time Warner Cable Inc.'s MOTION to Exclude the Testimony of Christopher Leisner Under Fed. R. Evid. 702 and Daubert - filed by Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc. SEALED pursuant to 690 Minute Order #715 Memorandum in Support of Motion (emt, ) (emt, ).
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Filing 720
SEALED EXHIBIT:Submission of EXHIBIT R to the Declaration of David Eiseman in Support of #624 Defendants Oceanic Time Warner Cable LLC and Time Warner Cable Inc.'s MOTION to Exclude the Testimony of Christopher Leisner Under Fed. R. Evid. 702 and Daubert - filed by Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc. SEALED pursuant to 690 Minute Order related to: #715 Memorandum in Support of Motion (emt, ) (emt, ).
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Filing 719
SEALED EXHIBIT: Submission of EXHIBIT Q the Declaration of David Eiseman in Support of #624 Defendants Oceanic Time Warner Cable LLC and Time Warner Cable Inc.'s MOTION to Exclude the Testimony of Christopher Leisner Under Fed. R. Evid. 702 and Daubert - filed by Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc. SEALED pursuant to 690 Minute Order related to: #715 Memorandum in Support of Motion (emt, ) (emt, ).
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Filing 718
SEALED EXHIBIT: Submission of EXHIBIT P to the Declaration of David Eiseman in Support of #624 Defendants Oceanic Time Warner Cable LLC and Time Warner Cable Inc.'s MOTION to Exclude the Testimony of Christopher Leisner Under Fed. R. Evid. 702 and Daubert - filed by Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc. SEALED pursuant to 690 Minute Order related to: #715 Memorandum in Support of Motion (emt, ) (emt, ).
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Filing 717
SEALED EXHIBIT:Submission of EXHIBIT M to the Declaration of David Eiseman in Support of #624 Defendants Oceanic Time Warner Cable LLC and Time Warner Cable Inc.'s MOTION in Limine to Exclude the Testimony of Christopher Leisner Under Fed. R. Evid. 702 and Daubert - filed by Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc. SEALED pursuant to 690 Minute Orderrelated to: #715 Memorandum in Support of Motion (emt, ) (emt, ).
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Filing 716
SEALED EXHIBIT: Submission of EXHIBIT D to the Declaration of David Eiseman in Support of #624 Defendants Oceanic Time Warner Cable LLC and Time Warner Cable Inc.'s MOTION to Exclude the Testimony of Christopher Leisner Under Fed. R. Evid. 702 and Daubert - filed by Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc. SEALED pursuant to 690 Minute Order related to: #715 Memorandum in Support of Motion (emt, ) (emt, ).
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Filing 715
SEALED DOCUMENT: Submission of MEMORANDUM IN SUPPORT of #624 Defendants Oceanic Time Warner Cable LLC and Time Warner Cable Inc.'s MOTION to Exclude the Testimony of Christopher Leisner Under Fed. R. Evid. 702 and Daubert - filed by Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc. SEALED pursuant to 690 Minute Order (emt, ) (emt, ).
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Filing 714
Additional Exhibits [Submission of EXHIBITS A (redacted), C, H (redacted) to #538 Declaration of Nathan Brown in Opposition to #439 Plaintiff's Motion to Strike Portions of the Expert Reports of Branko Gerovac] filed by Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc.. (Attachments: #1 Exhibit A - (FUS) Williams Report re TWC [Redacted], #2 Exhibit C - Wachob Exhibit 2, #3 Exhibit H - (FUS) BBiTV Resp to TWC 1st RAIs (Nos. 1-8) [Redacted], #4 Exhibit N - (FUS) BBiTV Supp Response to TWC 1st RAIs [Redacted], #5 Certificate of Service)(Tobin, Brett) Modified on 9/17/2015 (emt, ).
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Filing 713
SEALED EXHIBIT: Submission of Highly Confidential EXHIBIT B to #626 Plaintiff's MOTION to Exclude Expert Reports and Testimony of Dr. Gregory K. Leonard - filed by Broadband iTV, Inc. SEALED pursuant to 691 Minute Order related to: #712 Memorandum in Support of Motion (emt, ) (emt, ).
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Filing 712
SEALED DOCUMENT: Submission of [UNREDACTED] Plaintiff's Motion to Exclude Expert Reports and Testimony of Dr. Gregory Leonard [Memorandum in Support of #626 Plaintiff's MOTION to Exclude Expert Reports and Testimony of Dr. Gregory K. Leonard] - filed by Broadband iTV, Inc. SEALED pursuant to 691 Minute Order (emt, ) (emt, ).
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Filing 711
SEALED EXHIBIT: Submission of EXHIBIT E to the Declaration of Daniel L. Reisner in Support of #618 Defendants Oceanic Time Warner Cable LLC and Time Warner Cable Inc.'s MOTION to Exclude the Testimony of Joel Williams Under Fed. R. Evid. 702 and Daubert - filed by Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc. SEALED pursuant to 687 Minute Order #707 Memorandum in Support of Motion(emt, ) (emt, ).
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Filing 710
SEALED EXHIBIT: Submission of EXHIBIT D to Declaration of Daniel L. Reisner in Support of #618 Defendants Oceanic Time Warner Cable LLC and Time Warner Cable Inc.'s MOTION to Exclude the Testimony of Joel Williams Under Fed. R. Evid. 702 and Daubert - filed by Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc. SEALED pursuant to 687 Minute Order #707 Memorandum in Support of Motion (emt, ) (emt, ).
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Filing 709
SEALED EXHIBIT: Submission of EXHIBIT C to Declaration of Daniel L. Reisner in Support of #618 Defendants Oceanic Time Warner Cable LLC and Time Warner Cable Inc.'s MOTION to Exclude the Testimony of Joel Williams Under Fed. R. Evid. 702 and Daubert - filed by Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc. SEALED pursuant to 687 Minute Order related to: #707 Memorandum in Support of Motion (emt, ) (emt, ).
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Filing 708
SEALED EXHIBIT: Submission of EXHIBIT A to the Declaration of Daniel L. Reisner in Support of #618 Defendants Oceanic Time Warner Cable LLC and Time Warner Cable Inc.'s MOTION to Exclude the Testimony of Joel Williams Under Fed. R. Evid. 702 and Daubert - filed by Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc. SEALED pursuant to 687 Minute Order related to: #707 Memorandum in Support of Motion (emt, ) (emt, ).
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Filing 707
SEALED DOCUMENT: Submission of MEMORANDUM IN SUPPORT of #618 Defendants Oceanic Time Warner Cable LLC and Time Warner Cable Inc.'s MOTION to Exclude the Testimony of Joel Williams Under Fed. R. Evid. 702 and Daubert - filed by Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc. SEALED pursuant to 687 Minute Order (emt, ) (emt, ). (Additional attachment(s) added on 9/16/2015: #1 Main Document) (emt, ).
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Filing 706
SEALED EXHIBIT: Submission of Highly Confidential EXHIBIT "D" to #532 Defendant Hawaiian Telcom, Inc.'s Opposition to #437 Plaintiff's MOTION to Strike Portions of Supplemental Expert Report of Dr. Jesse David - filed by Broadband iTV, Inc. SEALED pursuant to 686 Minute Order (emt, ) (emt, ).
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Filing 705
SEALED EXHIBIT: Submission of Highly Confidential EXHIBIT "C" to #599 Plaintiff's Reply to #532 Defendant Hawaiian Telcom, Inc.'s Opposition to #437 Plaintiff's MOTION to Strike Portions of Supplemental Expert Report of Dr. Jesse David - filed by Broadband iTV, Inc. SEALED pursuant to 686 Minute Order (emt, ) (emt, ).
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Filing 704
SEALED EXHIBIT: Submission of EXHIBIT Y to Declaration of Daniel L. Reisner in Support of #480 Defendants Oceanic Time Warner Cable, LLC and Time Warner Cable Inc.'s MOTION for Summary Judgment of Non-Infringement - filed by Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc. SEALED pursuant to 685 Minute Order #482 Concise Statement of Facts, #693 Concise Statement of Facts (emt, ) (emt, ).
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Filing 703
SEALED EXHIBIT: Submission of EXHIBIT X to Declaration of Daniel L. Reisner in Support of #480 Defendants Oceanic Time Warner Cable, LLC and Time Warner Cable Inc.'s MOTION for Summary Judgment of Non-Infringement - filed by Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc. SEALED pursuant to 685 Minute Order related to: #482 Concise Statement of Facts, #693 Concise Statement of Facts (emt, ) (emt, ).
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Filing 702
SEALED EXHIBIT: Submission of EXHIBIT W to Declaration of Daniel L. Reisner in Support of #480 Defendants Oceanic Time Warner Cable, LLC and Time Warner Cable Inc.'s MOTION for Summary Judgment of Non-Infringement - filed by Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc. SEALED pursuant to 685 Minute Order related to: #482 Concise Statement of Facts, #693 (unredacted) Concise Statement of Facts (emt, ) (emt, ).
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Filing 701
SEALED EXHIBIT: Submission of EXHIBIT S to Declaration of Daniel L. Reisner in Support of #480 Defendants Oceanic Time Warner Cable, LLC and Time Warner Cable Inc.'s MOTION for Summary Judgment of Non-Infringement - filed by Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc. SEALED pursuant to 685 Minute Order related to: #482 Concise Statement of Facts, #693 Concise Statement of Facts (emt, ) (emt, ).
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Filing 700
SEALED EXHIBIT: Submission of EXHIBIT R to Declaration of Daniel L. Reisner in Support of #480 Defendants Oceanic Time Warner Cable, LLC and Time Warner Cable Inc.'s MOTION for Summary Judgment of Non-Infringement - filed by Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc. SEALED pursuant to 685 Minute Order related to : #482 Concise Statement of Facts, #693 (unredacted) Concise Statement of Facts (emt, ) (emt, ).
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Filing 699
SEALED EXHIBIT: Submission of EXHIBIT Q to Declaration of Daniel L. Reisner in Support of #480 Defendants Oceanic Time Warner Cable, LLC and Time Warner Cable Inc.'s MOTION for Summary Judgment of Non-Infringement - filed by Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc. SEALED pursuant to 685 Minute Order related to: #482 Concise Statement of Facts, #693 (unredacted) Concise Statement of Facts (emt, ) (emt, ).
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Filing 698
SEALED EXHIBIT: Submission of EXHIBIT P to the Declaration of Daniel L. Reisner in Support of #480 Defendants Oceanic Time Warner Cable, LLC and Time Warner Cable Inc.'s MOTION for Summary Judgment of Non-Infringement - filed by Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc. SEALED pursuant to 685 Minute Order related to: #482 Concise Statement of Facts, #693 (unredacted) Concise Statement of Facts (emt, ) (emt, ).
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Filing 697
SEALED EXHIBIT: Submission of EXHIBIT M to the Declaration of Daniel L. Reisner in Support of #480 Defendants Oceanic Time Warner Cable, LLC and Time Warner Cable Inc.'s MOTION for Summary Judgment of Non-Infringement - filed by Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc. SEALED pursuant to 685 Minute Order related to: #482 Concise Statement of Facts, #693 (unredacted) Concise Statement of Facts (emt, ) (emt, ).
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Filing 696
SEALED EXHIBIT: Submission of EXHIBIT L to Declaration of Daniel L. Reisner in Support of #480 Defendants Oceanic Time Warner Cable, LLC and Time Warner Cable Inc.'s MOTION for Summary Judgment of Non-Infringement - filed by Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc. SEALED pursuant to 685 Minute Order related to: #482 Concise Statement of Facts, #693 (unredacted) Concise Statement of Facts (emt, ) (emt, ).
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Filing 695
SEALED EXHIBIT: Submission of EXHIBIT K to Declaration of Daniel L. Reisner in Support of #480 Defendants Oceanic Time Waner Cable, LLC and Time Warner Cable Inc.'s MOTION for Summary Judgment of Non-Infringement - filed by Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc. SEALED pursuant to 685 Minute Order related to: #482 Concise Statement of Facts, #693 (unredacted) Concise Statement of Facts (emt, ) (emt, ).
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Filing 694
SEALED EXHIBIT: Submission of EXHIBIT G to Declaration of Daniel L. Reisner in Support of #480 Defendants Oceanic Time Warner Cable, LLC and Time Warner Cable Inc.'s MOTION for Summary Judgment of Non-Infringement - filed by Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc. SEALED pursuant to 685 Minute Order related to: #482 Concise Statement of Facts, #693 (unredacted) Concise Statement of Facts (emt, ) (emt, ).
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Filing 693
SEALED DOCUMENT: Submission of CONCISE STATEMENT of Facts in Support of #480 Defendants Oceanic Time Warner Cable LLC and Time Warner Cable Inc.'s MOTION for Summary Judgment of Non-Infringement - filed by Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc. SEALED pursuant to 685 Minute Order. related to: #482 Concise Statement of Facts (emt, ) (emt, ).
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Filing 692
CERTIFICATE OF SERVICE by Broadband iTV, Inc. Regarding Plaintiff Broadband iTV, Inc.'s Second Amended Rule 26(A)(2)(C) Disclosure (Alston, Paul)
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Filing 691
EO: The Court has reviewed #627 Plaintiff's Ex Parte Motion To Seal Unredacted Memorandum in Support and Exhibits A and B to Plaintiff's Motion to Exclude Expert Reports and Testimony of Dr. Gregory K. Leonard and orders as follows.First, Plaintiff has failed to demonstrate good cause to seal Exhibit A in its entirety, which is the rebuttal report of Dr. Leonard. The Court finds that portions of this report contains Dr. Leonard's qualifications and a list of documents considered, which are not confidential, and also appear to discuss publicly available information. As noted in Local Rule 83.12(c), the parties should make every attempt to seal only confidential information and allow filings to be open to public inspection to the fullest extent possible. The Court also notes that portions of Dr. Leonard's report have already been filed on the public docket. See ECF Nos. 497-13, 610-3. No later than 9/21/15, Plaintiff shall file a new motion to seal requesting only those portions of the rebuttal report that are confidential to be placed under seal with a redacted copy to be filed on the public docket.Second, the Court finds that Plaintiff has demonstrated good cause to seal Exhibit B and the unredacted Memorandum in Support of Plaintiff's Motion to Exclude Expert Reports and Testimony of Dr. Gregory K. Leonard. The Clerk's office is directed to place under seal Exhibit B and the unredacted Memorandum in Support of Plaintiff's Motion to Exclude Expert Reports and Testimony of Dr. Gregory K. Leonard. The redacted copies already filed by Defendants shall remain open for public inspection. See ECF No. 626. (MAGISTRATE JUDGE RICHARD L. PUGLISI)(agh )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 690
EO: The Court has reviewed #619 Ex Parte Motion for Leave to File Under Seal Exhibits A-D, I, M, O-S, W-X, AA-DD to the Declaration of David Eiseman in Support of Defendants Oceanic Time Warner Cable, LLC and Time Warner Cable Inc.'s Motion to Exclude the Testimony of Christopher Leisner Under Fed. R. Evid. 702 and Daubert and orders as follows.Defendants Oceanic Time Warner Cable, LLC and Time Warner Cable Inc. have failed to demonstrate good cause to seal Exhibit A, Exhibit B, and Exhibit C in their entirety, which are the preliminary, supplemental, and reply reports of Mr. Leisner. Although such documents were previously placed under seal in relation to a separate motion, see ECF No. 374, the Court finds that portions of these reports contain the Mr. Leisner's qualifications and lists of documents considered, which are not confidential, and also appear to discuss publicly available information. As noted in Local Rule 83.12(c), the parties should make every attempt to seal only confidential information and allow filings to be open to public inspection to the fullest extent possible. No later than 9/21/15, Defendants Oceanic Time Warner Cable, LLC and Time Warner Cable Inc. shall file a new motion to seal requesting only those portions of the expert reports that are confidential to be placed under seal with redacted copies to be filed on the public docket. Defendants Oceanic Time Warner Cable, LLC and Time Warner Cable Inc. have failed to demonstrate good cause to seal Exhibit I and Exhibit O, which are an unexecuted 2005 draft distribution agreement between Plaintiff and the Time Warner Entertainment Company, L.P. and excerpts from a deposition transcript wherein that draft agreement is discussed. Defendants Oceanic Time Warner Cable, LLC and Time Warner Cable Inc. shall filed Exhibit I and Exhibit O on the public docket. The Court finds that Defendants Oceanic Time Warner Cable, LLC and Time Warner Cable Inc. have demonstrated good cause to seal Exhibit D, Exhibit M, Exhibit P, Exhibit Q, Exhibit R, Exhibit S, Exhibit W, Exhibit X, Exhibit AA, Exhibit BB, Exhibit CC, and Exhibit DD. Additionally, although not referenced in the Ex Parte Motion, the Court also finds good cause to seal the unredacted copy of the Memorandum in Support of Defendants Oceanic Time Warner Cable, LLC and Time Warner Cable Inc.s Motion to Exclude the Testimony of Christopher Leisner Under Fed. R. Evid. 702 and Daubert, which references the Exhibits at issue. The Clerk's Office is directed to place under seal the unredacted copies of Exhibit D, Exhibit M, Exhibit P, Exhibit Q, Exhibit R, Exhibit S, Exhibit W, Exhibit X, Exhibit AA, Exhibit BB, Exhibit CC, and Exhibit DD to to the Declaration of David Eiseman in Support of Defendants Oceanic Time Warner Cable, LLC and Time Warner Cable Inc.'s Motion to Exclude the Testimony of Christopher Leisner Under Fed. R. Evid. 702 and Daubert and the unredacted copy of the Memorandum in Support of Defendants Oceanic Time Warner Cable, LLC and Time Warner Cable Inc.'s Motion to Exclude the Testimony of Christopher Leisner Under Fed. R. Evid. 702 and Daubert. The redacted copies already filed by Defendants shall remain open for public inspection. See ECF No. 624. (MAGISTRATE JUDGE RICHARD L. PUGLISI)(agh)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 689
EO: The Court has reviewed #615 Defendant Hawaiian Telcom, Inc.'s Ex Parte Motion to Seal Portions of Exhibit B, C, and E and Exhibits D and M to the Declaration of Brandon H. Stroy in Support of Defendant Hawaiian Telcom, Inc.'s Daubert Motion to Exclude the Expert Report and Testimony of Christopher Leisner and orders as follows. Defendant Hawaiian Telcom has demonstrated good cause to seal Exhibit B, C, E, and M. The Clerk's Office is directed to place the unredacted copies of Exhibits B, C, E, and M to the Declaration of Brandon H. Stroy in Support of Defendant Hawaiian Telcom, Inc.'s Daubert Motion to Exclude the Expert Report and Testimony of Christopher Leisner under seal. The redacted copies already filed by Defendant shall remain open for public inspection. See ECF No. 616.Defendant Hawaiian Telcom has not demonstrated good cause to seal Exhibit D, which is an unexecuted 2005 draft distribution agreement between Plaintiff and the Time Warner Entertainment Company, L.P. Defendant Hawaiian Telcom shall file Exhibit D on the public docket. (MAGISTRATE JUDGE RICHARD L. PUGLISI)(agh)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 688
EO: The Court has reviewed #613 Defendant Hawaiian Telcom, Inc.'s Ex Parte Motion to Seal Portions of Exhibit 1 and Exhibits 3 and 4 to the Declaration of Sash G. Roa in Support of Defendant Hawaiian Telcom, Inc.'s Daubert Motion to Exclude the Expert Report and Testimony of Joel Williams and finds that Defendant Hawaiian Telcom has demonstrated good cause to seal the documents at issue. The Clerk's Office is directed to place the unredacted copies of Exhibit 1, 3, and 4 to the Declaration of Sash G. Roa in Support of Defendant Hawaiian Telcom, Inc.'s Daubert Motion to Exclude the Expert Report and Testimony of Joel Williams under seal. The redacted copies already filed by Defendant shall remain open for public inspection. See ECF No. 614. (MAGISTRATE JUDGE RICHARD L. PUGLISI)(agh)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 687
EO: The Court has reviewed #612 Ex Parte Motion for Leave to File Under Seal Defendants Oceanic Time Warner Cable, LLC and Time Warner Cable Inc.'s Memorandum in Support of the Motion to Exclude the Testimony of Joel Williams Under Fed. R. Evid. 702 and Daubert and Exhibits A, C-E to the Declaration of Daniel L. Reisner in Support Thereof and finds that Defendants Oceanic Time Warner Cable, LLC and Time Warner Cable Inc. have demonstrated good cause to seal the documents at issue. Although the Ex Parte Motion presents the "compelling reasons" standard, the Court finds that the appropriate standard for sealing documents in relation to a motion regarding the admissibility of evidence at trial is the "good cause" standard. See Apple Inc. v. Samsung Elecs. Co., 727 F.3d 1214, 1222-23 (9th Cir. 2013).The Clerk's Office is directed to place the unredacted copy of Defendants Oceanic Time Warner Cable, LLC and Time Warner Cable Inc.'s Memorandum in Support of the Motion to Exclude the Testimony of Joel Williams Under Fed. R. Evid. 702 and Daubert and Exhibits A, C, D, and E to the Declaration of Daniel L. Reisner in Support Thereof under seal. The redacted copies already filed by Defendants shall remain open for public inspection. See ECF No. 618. (MAGISTRATE JUDGE RICHARD L. PUGLISI)(agh)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 686
EO: The Court has reviewed #598 Plaintiff's Ex Parte Motion to Seal Exhibits C, D and E to Plaintiff's Reply to Hawaiian Telcom, Inc.'s Opposition to Motion to Strike Portions of Supplemental Expert Report of Dr. Jesse David and GRANTS IN PART and DENIES IN PART the Ex Parte Motion to Seal as follows. First, the Court finds good cause to seal Exhibit C and Exhibit D. The Clerk's Office is directed to place the unredacted copies of Exhibit C and Exhibit D under seal. The redacted copies shall remain open for public inspection.Second, Plaintiff has failed to establish good cause to seal Exhibit E, which is the entire deposition transcript of Joel Williams. Based on the Court's review, much of this deposition transcript does not discuss confidential information. Plaintiff may file a notice of withdraw of Exhibit E or may file a new motion to seal no later than 9/21/15, detailing the specific portions of Exhibit E that contain confidential information. If Exhibit E is not withdrawn or a new motion to seal is not filed, Exhibit E will be filed on the public docket. (MAGISTRATE JUDGE RICHARD L. PUGLISI)(agh)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 685
EO: The Court has carefully reviewed #597 Renewed Ex Parte Motion for Leave to File Under Seal Defendants Oceanic Time Warner Cable, LLC and Time Warner Cable Inc.'s August 10, 2015 Concise Statement of Facts in Support of Motion for Summary Judgment of Non-Infringement #482 and Exhibits G, K-M, P-S, W-Y to the August 10, 2015 Declaration of Daniel L. Reisner in Support of Motion for Summary Judgment of Non-Infringement and finds that Defendants Oceanic Time Warner Cable, LLC and Time Warner Cable Inc. have demonstrated compelling reasons to seal the documents at issue. The declarations submitted in support of the Renewed Ex Parte Motion provide the particularized factual basis that support sealing the documents at issue. Defendants Oceanic Time Warner Cable, LLC and Time Warner Cable Inc. have filed new redacted versions of many of the documents at issue, which contain more limited redactions than those that were previously filed. Compare ECF Nos. 600, 601, 602, with ECF No. 482. The Clerk's Office is directed to place the unredacted copy of Defendants Oceanic Time Warner Cable, LLC and Time Warner Cable Inc.'s August 10, 2015 Concise Statement of Facts in Support of Motion for Summary Judgment of Non-Infringement and the unredacted copies of Exhibits G, K, L, M, P, Q, R, S, W, X, Y to the August 10, 2015 Declaration of Daniel L. Reisner in Support of Motion for Summary Judgment of Non-Infringement under seal. The redacted copies already filed by Defendants shall remain open for public inspection. (MAGISTRATE JUDGE RICHARD L. PUGLISI)(agh)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 684
EO: Pursuant to Local Rule 83.12(b), any party who contends that any information related to #682 Plaintiff's Ex Parte Motion to Seal Exhibit E to Plaintiff's Appeal from Magistrate's Order Denying Plaintiff's Motion to Compel Email Discovery, Dkt 500 and Order Denying Reconsideraton, Dkt 564 is not entitled to confidential treatment may challenge the designation by no later than seven (7) days after the filing of the motion. (MAGISTRATE JUDGE RICHARD L. PUGLISI)(kr)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 683
EO: Pursuant to Local Rule 83.12(b), any party who contends that any information related to #674 Ex Parte Motion for Leave to File Under Seal Exhibit A to Defendants Oceanic Time Warner Cable, LLC and Time Warner Cable Inc.'s Motion (1) for Leave to File Substitute Memorandum in Support of Their Motion for Summary Judgment of Noninfringement Filed August 10, 2015 #481 and (2) to Set November 4, 2015 as the Deadline for Plaintiff to Respond to the Motion is not entitled to confidential treatment may challenge the designation by no later than seven (7) days after the filing of the motion. (MAGISTRATE JUDGE RICHARD L. PUGLISI)(kr)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 682
MOTION to Seal Document #681 APPEAL OF MAGISTRATE JUDGE DECISION to District Court by Broadband iTV, Inc. re #500 Order on Motion to Compel, Order on Motion for Miscellaneous Relief,,,, Ex Parte Motion to Seal Exhibit E to Plaintiff's Appeal John S. Rhee appearing for Plaintiff Broadband iTV, Inc. (Attachments: #1 Declaration of John Rhee, #2 [Proposed] Order Granting Plaintiff's Ex Parte Motion, #3 Certificate of Service)(Rhee, John)
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Filing 681
APPEAL OF MAGISTRATE JUDGE DECISION to District Court by Broadband iTV, Inc. re: #500 Order on Motion to Compel ["ORDER...DENYING #325 PLAINTIFF'S MOTION TO COMPEL PRODUCTION OF EMAIL DISCOVERY"] and #564 Order on Motion for Miscellaneous Relief [ORDER DENYING PLAINTIFF'S MOTION FOR RECONSIDERATION OF #500 ORDER GRANTING PLAINTIFF'S EX PARTE MOTION FOR LEAVE TO FILE SUPPLEMENTAL BRIEF IN SUPPORT OF ITS MOTION TO COMPEL PRODUCTION OF EMAIL DISCOVERY AND DENYING PLAINTIFF'S MOTION TO COMPEL PRODUCTION OF EMAIL DISCOVERY #557 ] (Attachments: #1 Declaration of John Rhee, #2 Exhibit A - BBiTV's Amended 1st RPOD to TWC, #3 Exhibit B - BBiTV's 2nd RPOD to TWC, #4 Exhibit C - BBiTV's 3rd RPOD to TWC, #5 Exhibit D - TWC's Response to BBiTV's Amended 1st RPOD, #6 Exhibit E - Filed Under Seal, #7 Certificate of Service)(Rhee, John) Docket text modified on 9/13/2015 to include title of orders that are the subject of the appeal. (afc).
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Filing 680
ORDER GRANTING PLAINTIFF'S MOTION TO STRIKE PORTIONS OF SUPPLEMENTAL EXPERT REPORT OF JESSE DAVID re #437 - Signed by MAGISTRATE JUDGE RICHARD L. PUGLISI on 9/11/2015. (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 679
ORDER DENYING PLAINTIFF'S MOTION TO STRIKE PORTIONS OF EXPERT REPORTS OF ANTHONY WECHSELBERGER re #435 - Signed by MAGISTRATE JUDGE RICHARD L. PUGLISI on 9/11/2015. (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 678
ORDER DENYING PLAINTIFF'S MOTION TO STRIKE PORTIONS OF EXPERT REPORTS OF BRANKO GEROVAC re #439 - Signed by MAGISTRATE JUDGE RICHARD L. PUGLISI on 9/11/2015. (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 677
EO: Pursuant to Local Rule 83.12(b), any party who contends that any information related to #674 Ex Parte Motion for Leave to File Under Seal Exhibit A to #475 Defendants Oceanic Time Warner Cable, LLC and Time Warner Cable Inc.'s Motion (1) for Leave to File Substitute Memorandum in Support of Their Motion for Summary Judgment of Non-Infringement Filed August 10, 2015 and (2) to Set November 4, 2015 as the Deadline for Plaintiff to Respond to the Motion is not entitled to confidential treatment may challenge the designation by no later than seven (7) days after the filing of the motion. (MAGISTRATE JUDGE RICHARD L. PUGLISI)(agh)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 676
EO:The parties have contacted the Court to request information regarding the amount of time they will have for oral argument on the summary judgment motions set to be heard in this case on 9/17/2015. The Court will hear argument on HTI's summary judgment motion, ECF No. 463, beginning at 10:00 a.m. The Court will hear argument on TWC's summary judgment motion, ECF No. 474, beginning at 11:00 a.m. For each hearing, each of the involved parties will be allowed up to a maximum of one-half hour to argue. IT IS SO ORDERED. (JUDGE ALAN C KAY)(lls, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 675
MOTION for Leave to File Substitute Memorandum ISO TWC Motion for Summary Judgment of Non-Infringement Lisa W. Munger appearing for Defendants Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc. (Attachments: #1 Exhibit A - [Redacted] Substitute Memo ISO TWC MSJ of Non-Infringement, #2 Certificate of Service)(Munger, Lisa)
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Filing 674
Ex Parte MOTION for Leave to File Under Seal Exhibit A to Defendants Oceanic Time Warner Cable, LLC and Time Warner Cable Inc.s Motion (1) for Leave to File Substitute Memorandum in Support of their Motion for Summary Judgment of Non-Infringement Filed August 10, 2015 #481 and (2) to Set November 4, 2015 as the Deadline for Plaintiff to Respond to the Motion Lisa W. Munger appearing for Defendants Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc. (Attachments: #1 Declaration of Counsel [Lisa Woods Munger], #2 [Proposed] Order Granting Ex Parte Motion for Leave to Seal, #3 Certificate of Service)(Munger, Lisa)
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Filing 673
EO: Because Defendants Time Warner Cable and Oceanic Time Warner Cable LLC have withdrawn #553 their Motion for Leave to Modify Scheduling Order and for Leave to Amend Answer, the Court GRANTS #666 their Request for Relief from Compliance With EO 636 Re Review of #552 Ex Parte Motion for Leave to File Under Seal Exhibits 4,6 and 9 to Motion for Leave to Modify Scheduling Order and for Leave to Amend Answer #553 . (MAGISTRATE JUDGE RICHARD L. PUGLISI)(agh)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 672
CERTIFICATE of Counsel [re: Defendant Hawaiian Telcom, Inc.'s Daubert Motion to Exclude the Expert Report and Testimony of Christopher Leisner [Dkt. 616]). (Attachments: #1 Certificate of Service)(Yamamoto, Randall)
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Filing 671
CERTIFICATE OF SERVICE by Hawaiian Telcom, Inc. re #615 EX PARTE Motion to Seal Portions of Exhibits B, C and E and Exhibits D and M to Defendant's Daubert Motion as to Christopher Leisner (Attachments: #1 Certificate of Service)(Yamamoto, Randall)
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Filing 670
CERTIFICATE OF SERVICE by Hawaiian Telcom, Inc. re #613 EX PARTE Motion to Seal Portions of Exhibit 1 and Exhibits 3 and 4 to Defendant Hawaiian Telcom, Inc.'s Motion to Exclude the Expert Report of Testimony of Joel Williams (Attachments: #1 Certificate of Service)(Yamamoto, Randall)
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Filing 669
EO: Pursuant to Local Rule 83.12(b), any party who contends that any information related to #665 Plaintiff's Renewed Ex Parte Motion to Seal Unredacted Versions of Exhibits B and F to Plaintiff's #439 Motion to Strike Portions of Expert Reports of Branko Gerovac is not entitled to confidential treatment may challenge the designation by no later than seven (7) days after the filing of the motion. (MAGISTRATE JUDGE RICHARD L. PUGLISI)(kr)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 668
EO: Pursuant to Local Rule 83.12(b), any party who contends that any information related to #661 Plaintiff's Renewed Ex Parte Motion to Seal Unredacted Version of Exhibit "C" to Plaintiff's Motion to Strike Portions of Supplemental Expert Report of Jesse David is not entitled to confidential treatment may challenge the designation by no later than seven (7) days after the filing of the motion. (MAGISTRATE JUDGE RICHARD L. PUGLISI)(kr)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 667
REDACTION [Submission of EXHIBITS B(REDACTED), C AND F (REDACTED)] to #439 Plaintiff's MOTION to Strike #438 Portions of Expert Reports of Branko Gerovac by Broadband iTV, Inc.. (Attachments: #1 Exhibit B - Gerovac Expert Report - Part 1, #2 Exhibit B - Gerovac Expert Report - Part 2, #3 Exhibit B - Gerovac Expert Report - Part 3, #4 Exhibit B - Gerovac Expert Report - Part 4, #5 Exhibit C - Gerovac Supplemental Report, #6 Exhibit F - Redacted Gerovac Reply Report - Part 1, #7 Exhibit F - Redacted Gerovac Reply Report - Part 2, #8 Exhibit F - Redacted Gerovac Reply Report - Part 3, #9 Exhibit F - Redacted Gerovac Reply Report - Part 4, #10 Exhibit F - Redacted Gerovac Reply Report - Part 5, #11 Exhibit F - Redacted Gerovac Reply Report - Part 6, #12 Exhibit F - Redacted Gerovac Reply Report - Part 7, #13 Certificate of Service)(Rhee, John) Modified on 9/11/2015 (emt, ).
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Filing 666
REQUEST for Relief from Compliance with EO [Dkt. 636 ] Re: Review of #552 Ex Parte Motion for Leave to File Under Seal Exhibits 4, 6 and 9 to Motion for Leave to Modify Scheduling Order and for Leave to Amend Answer #553 by Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc.. (Attachments: #1 Certificate of Service)(Munger, Lisa) Modified on 9/11/2015 (emt, ).
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Filing 665
Renewed Ex Parte MOTION to Seal Unredacted Versions of Exhibits "B" and "F" to #439 Plaintiff's MOTION to Strike #438 Portions of Expert Reports of Branko Gerovac John S. Rhee appearing for Plaintiff Broadband iTV, Inc. (Attachments: #1 Declaration of John Rhee, #2 [Proposed] Order Granting Plaintiff's Renewed Ex Parte Motion, #3 Certificate of Service)(Rhee, John) Modified on 9/11/2015 (emt, ).
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Filing 664
EO: The Court is in receipt of six Daubert motions filed by the parties with respect to expert witnesses in this case. ECF Nos. 614, 616, 617, 618, 624, Oct626. All such motions were filed on 9/4/2015 and set for a hearing on 10/8/2015, pursuant to the Courts Minute Order of August 13, 2015. ECF No. 501. The Court has also scheduled hearings on the parties' summary judgment motions regarding patent invalidity (set for 9/17/2015) and patent infringement (set for 12/8-9/2015). The Court hereby VACATES the Opposition and Reply deadlines and Daubert hearing date, set forth in its 8/13/2015 Minute Order, with respect to the following Daubert motions (which relate to damages and infringement experts, and need not be resolved in conjunction with Defendants' summary judgment motions regarding patent invalidity): HTI's Daubert Motion to Exclude the Expert Report and Testimony of Joel Williams, ECF No. 614; HTI's Daubert Motion to Exclude the Expert Testimony of Christopher Leisner, ECF No. 616; TWC's Motion to Exclude the Testimony of Joel Williams, ECF No. 618;TWC's Motion to Exclude the Testimony of Christopher Leisner, ECF No. 624; Plaintiff's Motion to Exclude Expert Reports and Testimony of Dr. Gregory K. Leonard, ECF No. 626. The Court will subsequently reset Opposition and Reply deadlines and a new hearing date as to the foregoing Daubert motions. In light of the Court's vacated hearing, the foregoing motions will be administratively WITHDRAWN until such time as the Court resets them to be heard. The withdrawal is administrative only and has no effect on the procedural or substantive rights of any party. The Court's Opposition and Reply deadlines and Daubert hearing date, set forth in its 8/13/2015 Minute Order, continue to apply to the following motion (which must be resolved in conjunction with Defendants' summary judgment motions regarding patent invalidity):TWC's Motion to Exclude Expert Testimony of David Wachob on the Issue of Priority, ECF No. 617.The Court assumes that Mr. Wachob will appear in person to testify at the 10/8/2015 hearing. IT IS SO ORDERED. (JUDGE ALAN C. KAY) (Footnote)-1- The Court notes that HTI itself offers a brief excerpt from Mr. Williams' deposition testimony in support of its summary judgment motion regarding patent invalidity, notwithstanding that Mr. Williams is Plaintiff's infringement (not invalidity) expert. Because HTI's Daubert motion explicitly seeks to exclude Mr. Williams' trial testimony and expert report on infringement (not his deposition), see ECF No. 614 at 1, the Court finds that HTI's Daubert motion regarding Mr. Williams will be properly resolved at a later date in conjunction with the parties' summary judgment motions regarding infringement. (JUDGE ALAN C KAY)(lls, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 663
ORDER DENYING PLAINTIFF'S MOTION TO STRIKE UNTIMELY DISCLOSURE OF WITNESSES re #441 - Signed by MAGISTRATE JUDGE RICHARD L. PUGLISI on 9/10/2015. (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 662
REDACTION [Submission of Redacted EXHIBIT C] to #437 Plaintiff's MOTION to Strike Portions of Supplemental Expert Report of Jesse David by Broadband iTV, Inc.. (Attachments: #1 Exhibit "C" [Redacted], #2 Certificate of Service)(Rhee, John) Modified on 9/11/2015 (emt, ).
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Filing 661
Renewed Ex Parte MOTION to Seal Unredacted Version of Exhibit "C" to #437 Plaintiff's MOTION to Strike Portions of Supplemental Expert Report of Jesse David John S. Rhee appearing for Plaintiff Broadband iTV, Inc. (Attachments: #1 Declaration of John Rhee, #2 [Proposed] Order Granting Plaintiff's Renewed Ex Parte Motion, #3 Certificate of Service)(Rhee, John) Modified on 9/11/2015 (emt, ).
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Filing 660
ORDER DENYING DEFENDANTS TIME WARNER CABLE INC. AND OCEANIC TIME WARNER CABLE LLC'S MOTION TO PRECLUDE EXPERT TESTIMONY FROM MILTON DIAZ PEREZ AND DEFENDANT HAWAIIAN TELCOM, INC.'S JOINDER THERETO re #434 , #454 - Signed by MAGISTRATE JUDGE RICHARD L. PUGLISI on 9/10/2015. (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 659
EO: Hearing on Motions' in Limine- #614 MOTION in Limine Defendant Hawaiian Telcom, Inc.'s Daubert Motion to Exclude the Expert Report and Testimony of Joel Williams, #616 MOTION in Limine Defendant Hawaiian Telcom, Inc.'s Daubert Motion to Exclude the Expert Report and Testimony of Christopher Leisner, #618 MOTION in Limine (Defendants Oceanic Time Warner Cable, LLC and Time Warner Cable Inc.s Motion to Exclude the Testimony of Joel Williams Under Fed. R. Evid. 702 and Daubert), #624 MOTION in Limine Defendants Oceanic Time Warner Cable LLC and Time Warner Cable Inc.'s Motion to Exclude the Testimony of Christopher Leisner Under Fed. R. Evid. 702 and Daubert, #626 MOTION in Limine Plaintiff's [Daubert] Motion to Exclude Expert Reports and Testimony of Dr. Gregory K. Leonard, and #617 MOTION in Limine (Defendants Oceanic Time Warner Cable, LLC and Time Warner Cable Inc.s Motion to Exclude Expert Testimony of David Wachob on the Issue of Priority, Under Daubert and Fed. R. Evid. 702) set for Court Hearing on 10/8/2015 at 10:00 AM before JUDGE ALAN C KAY. (JUDGE ALAN C KAY)(lls, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 658
EO: Pursuant to Local Rule 83.12(b), any party who contends that any information related to #645 Defendant Hawaiian Telcom, Inc.'s Revised Ex Parte Motion to Seal Exhibits 1, 2, 8, and 11 and Portions of Exhibits 9 and 10 to Defendant's Motion for Summary Judgment on Non-infringement is not entitled to confidential treatment may challenge the designation by no later than seven (7) days after the filing of the motion. (MAGISTRATE JUDGE RICHARD L. PUGLISI)(kr)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 657
EO: Per #648 , hearing on #553 Defendant Time Warner Cable Inc. and Oceanic Time Warner Cable, LLC's Motion for Leave to Modify Scheduling Order and for Leave to Amend Answer and #576 Joinder by Hawaiian Telcom Inc. set for 9/14/2015 at 10:00 a.m. before MAGISTRATE JUDGE RICHARD L. PUGLISI is vacated. (MAGISTRATE JUDGE RICHARD L. PUGLISI)(mrf)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 656
EO: Pursuant to Local Rule 83.12(b), any party who contends that any information related to #641 Defendant Hawaiian Telcom, Inc.'s Revised Ex Parte Motion to Seal Portions of Exhibits A-G to the Declaration of Brandon H. Stroy in Support of Hawaiian Telcom's Opposition to BBiTV's Motion to Strike Portions of the Supplemental Expert Report of Dr. Jesse David is not entitled to confidential treatment may challenge the designation by no later than seven (7) days after the filing of the motion. (MAGISTRATE JUDGE RICHARD L. PUGLISI)(kr)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 655
EO: Pursuant to Local Rule 83.12(b), any party who contends that any information related to #638 Defendant Hawaiian Telcom, Inc.'s Revised Ex Parte Motion to Seal Portions of Exhibit F to the Declaration of Brandon H. Stroy in Support of Hawaiian Telcom's Opposition to BBiTV's Motion to Strike Portions of the Expert Report of Anthony Wechselberger is not entitled to confidential treatment may challenge the designation by no later than seven (7) days after the filing of the motion. (MAGISTRATE JUDGE RICHARD L. PUGLISI)(kr)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 654
SEALED EXHIBIT:Submission of EXHIBIT 9 to the Declaration of Deepa Acharya in Support of #434 Defendants Time Warner Cable Inc. and Oceanic Time Warner Cable LLC's MOTION to Preclude Expert Testimony from Milton Diaz Perez - filed by Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc. SEALED pursuant to 640 Minute Order. (emt, ) (emt, ).
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Filing 653
SEALED EXHIBIT: Submission of EXHIBIT 8 to the Declaration of Deepa Acharya in Support of #434 Defendants Time Warner Cable Inc. and Oceanic Time Warner Cable LLC's MOTION to Preclude Expert Testimony of Milton Diaz Perez - filed by Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc. SEALED pursuant to 640 Minute Order. (emt, ) (emt, ).
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Filing 652
SEALED EXHIBIT: Submission of EXHIBIT 7 to the Declaration of Deepa Acharya in Support of #434 Defendants Time Warner Cable Inc. and Oceanic Time Warner Cable LLC's MOTION to Preclude Expert Testimony from Milton Diaz Perez - filed by Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc. SEALED pursuant to 640 Minute Order. (emt, ) (emt, ).
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Filing 651
SEALED DOCUMENT: Submission of MEMORANDUM in Support of #553 Defendants Time Warner Cable Inc. and Oceanic Time Warner Cable LLC's MOTION for Leave to Modify Scheduling Order and for Leave to Amend Answer - filed by Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc. SEALED pursuant to 636 Minute Order. (emt, ) (emt, ).
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Filing 650
SEALED EXHIBIT: Submission of EXHIBIT 4 to Declaration of Deepa Acharya in Support of #553 Defendants Time Warner Cable Inc. and Oceanic Time Warner Cable LLC's Motion for Leave to Modify Scheduling Order and for Leave to Amend Answer - filed by Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc. SEALED pursuant to 636 Minute Order (emt, ) (emt, ).
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Filing 649
SEALED EXHIBIT: Submission of Highly Confidential EXHIBIT "A" to #557 Plaintiff's Motion for Reconsideration of #500 Order Granting Plaintiff's Ex Parte Motion for Leave to File Supplemental Brief in Support of Its Motion to Compel Production of Email Discovery and Denying Plaintiff's Motion to Compel Production of Email Discovery - filed by Broadband iTV, Inc. SEALED pursuant to 637 Minute Order. (emt, ) (emt, ).
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Filing 648
NOTICE of Withdrawal Without Prejudice re #553 MOTION for Leave to Modify Scheduling Order and for Leave to Amend Answer - by Time Warner Cable, Inc., Oceanic Time Warner Cable, LLC (Attachments: #1 Certificate of Service)(Tobin, Brett) Modified on 9/9/2015 (emt, ).
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Filing 647
Errata re #619 Ex Parte MOTION for Leave to File Under Seal Exhibits A-D, I, M, O-S, W-X, AA-DD to the Declaration of David Eiseman in Support of Defendants Time Warner Cable Inc. and Oceanic Time Warner Cable LLCs Motion to Exclude the Testimony of Christopher Leisn . (Attachments: #1 Ex Parte Motion for Leave to File Under Seal Memorandum in Support of Defendants Time Warner Cable Inc. and Oceanic Time Warner Cable LLCs Motion to Exclude the Testimony of Christopher Leisner Under Fed. R. Evid. 702 and Daubert and Exhibits A-D, I, M, O-S, W-X, AA-DD to the Declaration of David Eiseman in Support Thereof, #2 Certificate of Service)(Tobin, Brett)
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Filing 646
CERTIFICATE of Counsel [ Certificate of Compliance re Memorandum in Support [624-1])] re #624 MOTION in Limine Defendants Oceanic Time Warner Cable LLC and Time Warner Cable Inc.'s Motion to Exclude the Testimony of Christopher Leisner Under Fed. R. Evid. 702 and Daubert (Attachments: #1 Certificate of Service)(Tobin, Brett) Modified on 9/9/2015 (emt, ).
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Filing 645
Revised Ex Parte MOTION to Seal Exhibits 1, 2, 8 and 11 and Portions of Exhibits 9 and 10 to Defendant's Motion for Summary Judgment on Non-Infringement Randall Y. Yamamoto appearing for Defendant Hawaiian Telcom, Inc. (Attachments: #1 Declaration of Brandon H. Stroy, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 8, #5 Exhibit 9, #6 Exhibit 10, #7 Exhibit 11, #8 [Proposed] Order Granting Defendant Hawaiian Telcom, Inc.'s Ex Parte Motion to Seal Exhibits 1, 2, 8 and 11 and Portions of Exhibits 9 and 10, #9 Certificate of Service)(Yamamoto, Randall) Modified on 9/9/2015 (emt, ).
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Filing 644
Errata re #623 Reply, Errata to #623 Plaintiff's Reply to Defendant Hawaiian Telcom Inc.'s Opposition to #435 Plaintiff's Motion to Strike Portions of Expert Reports of Anthony Wechselberger; Certificate of Service. (Attachments: #1 Certificate of Service)(Rhee, John)
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Filing 643
CERTIFICATE OF SERVICE by Broadband iTV, Inc. Certificate of Service re Non-Party Dyer Matlock's Objections to Oceanic Time Warner Cable, LLC and Time Warner Cable Inc.'s Subpoena to Testify at a Deposition in a Civil Action (Rhee, John)
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Filing 642
CERTIFICATE OF SERVICE by Broadband iTV, Inc. Certificate of Service re Non-Party Andre Troner L.C.'s Objections to Oceanic Time Warner Cable, LLC and Time Warner Cable Inc.'s Subpoena to Testify at a Deposition in a Civil Action (Rhee, John)
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Filing 641
Revised Ex Parte MOTION to Seal Portions of Exhibits A-G to the Declaration of Brandon H. Stroy in Support of Hawaiian Telcom's Opposition to BBiTV's Motion to Strike Portions of the Supplemental Expert Report of Dr. Jesse David Randall Y. Yamamoto appearing for Defendant Hawaiian Telcom, Inc. (Attachments: #1 Declaration of Brandon H. Stroy, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 [Proposed] Order Granting Revised Ex Parte Motion to Seal Portions of Exhibits A-G, #10 Certificate of Service)(Yamamoto, Randall) Modified on 9/9/2015 (emt, ).
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Filing 640
EO: The Court has reviewed #569 Ex Parte Motion for Leave to File Under Seal Exhibits 7-9 to the Declaration of Deepa Acharya in Support of #434 Defendants Time Warner Cable Inc. and Oceanic Time Warner Cable LLC's Motion to Preclude Expert Testimony from Milton Diaz Perez and finds good cause to seal Exhibit 7, which is excerpts from the expert report of Michael Adams.Regarding Exhibit 8 and 9, based on the additional information provided regarding the confidential information provided in these expert reports, the Court find good cause to seal Exhibits 8 and 9. However, the Court notes that this determination is for purposes of the underlying non-dispositive motion only and cannot be used by the parties to argue that these document are entitled to be filed under seal in their entirety in the future.The Clerk's Office is directed to place Exhibits 7, 8, and 9 to the Declaration of Deepa Acharya in Support of #434 Defendants Time Warner Cable Inc. and Oceanic Time Warner Cable LLC's Motion to Preclude Expert Testimony from Milton Diaz Perez under seal. The redacted copies of these Exhibits already filed on the docket, see ECF No. 570, shall remain open for public inspection. (MAGISTRATE JUDGE RICHARD L. PUGLISI)(agh)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 639
EO: The Court DENIES #563 Plaintiff's Ex Parte Motion to Seal Exhibits 13, 15, and 18 to #562 Plaintiff Broadband iTV, Inc.'s Concise Counterstatement of Facts in Opposition to #475 Defendants Oceanic Time Warner Cable, LLC and Time Warner Cable Inc.'s Concise Statement of Facts because Plaintiff's Ex Parte Motion is overbroad and fails to make a particularized showing with respect to each document. Additionally, Plaintiff's Ex Parte Motion relies on an incorrect standard for sealing documents related to dispositive motions. See ECF No. 563-1 at 3-4. Applying the correct "compelling reasons" standard, the Court finds that Plaintiff has not articulated sufficient reasons supported by specific factual findings to justify the sealing of these three Exhibits in their entirety. See Kamakana v. City & Cnty. of Honolulu, 447 F.3d 1172, 1178-79 (9th Cir. 2006). Regarding Exhibit 13 and Exhibit 18, both of which are deposition transcript excerpts, the Court is unable to determine if any confidential proprietary information is contained in these Exhibits based on a review of the documents and Plaintiff's Ex Parte Motion does not provide any details regarding the purported confidential information at issue.Regarding Exhibit 15, which is the reply expert report of Branko Gerovac, Plaintiff fails to explain why this entire report should be filed under seal and fails to identify with any specificity the purported confidential information contained therein. The Court notes that Defendants have filed a large portion of Mr. Gerovac's reply expert report on the public docket. See ECF No. 583-3.Plaintiff shall file a new motion to seal that meets the applicable standard or shall file Exhibits 13, 15, and 18 on the public docket no later than 9/16/15. (MAGISTRATE JUDGE RICHARD L. PUGLISI)(agh)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 638
Revised Ex Parte MOTION to Seal Portions of Exhibit F to the Declaration of Brandon H. Stroy in Support of Hawaiian Telcom's Opposition to BBiTV's Motion to Strike Portions of the Expert Report of Anthony Wechselberger Randall Y. Yamamoto appearing for Defendant Hawaiian Telcom, Inc. (Attachments: #1 Declaration of Brandon H. Stroy, #2 Exhibit F, #3 [Proposed] Order Granting Ex Parte Motion to Seal Portions of Exhibit F, #4 Certificate of Service)(Yamamoto, Randall) Modified on 9/9/2015 (emt, ).
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Filing 637
EO: The Court has reviewed #558 Plaintiff's Ex Parte Motion To Seal Exhibit A to Plaintiff's Motion for Reconsideration Of #500 Order Granting Plaintiff's Ex Parte Motion for Leave To File Supplemental Brief In Support of its Motion to Compel Production of Email Discovery and Denying Plaintiff's Motion To Compel Production of Email Discovery and finds good cause to seal Exhibit A to Plaintiffs Motion for Reconsideration. The Clerk's Office is directed to place Exhibit A to Plaintiffs Motion for Reconsideration under seal. The redacted copy already filed in this action, ECF No. 557-3, shall remain open for public inspection. (MAGISTRATE JUDGE RICHARD L. PUGLISI)(agh)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 636
EO: The Court has reviewed #552 Ex Parte Motion for Leave to File Under Seal Defendants Time Warner Cable Inc. and Oceanic Time Warner Cable, LLC's Memorandum In Support of Their Motion for Leave to Modify Scheduling Order and for Leave to Amend Answer and Exhibits 4, 6, and 9 to The Declaration of Deepa Acharya in Support Thereof and #611 Plaintiff's Opposition thereto and ORDERS as follows:Based on Plaintiff's Opposition, the Court DENIES the request to file Exhibit 6 and Exhibit 9 under seal, which contain reference to Plaintiff's discovery responses. Defendants shall file Exhibit 6 and Exhibit 9 on the public docket no later than 9/10/15.Exhibit 4 is the Declaration of William A. Riddle and Exhibit 1 and Exhibit 2 to his Declaration. Defendants have failed to establish the necessary good cause to seal this document in its entirety. Specifically, the Court finds that Defendants have failed to establish good cause to file under seal the Declaration of William A. Riddle and Exhibit 1 to his Declaration. As to Exhibit 2, which is the license agreement between Defendants and Mr. Riddle, the Court finds that Defendants have only established good cause to seal the pricing terms, specifically Paragraphs 3.1., 3.2., and 3.3, of the agreement. Defendants shall file a new redacted copy of Exhibit 4, with only Paragraphs 3.1., 3.2., and 3.3 of Exhibit 2 redacted, on the public docket no later than 9/10/15. The Clerk's Office is directed to place the unredacted copy of Exhibit 4 under seal. Regarding Defendants' Memorandum In Support of Their Motion for Leave to Modify Scheduling Order, the Court finds that Defendants have established good cause to file under seal the unredacted copy, which contains one sentence that refers to the pricing terms of the license agreement between Defendants and Mr. Riddle on pages 16 and 17. The second sentence that Defendants seek to seal refers to other terms of the license agreement between Defendants and Mr. Riddle and is not entitled to confidential treatment. Defendants shall file a new redacted copy of their Memorandum In Support of Their Motion for Leave to Modify Scheduling Order with only the first requested sentence redacted no later than 9/10/15. The Clerk's Office is directed to place the unredacted copy of Defendants' Memorandum In Support of Their Motion for Leave to Modify Scheduling Order under seal. (MAGISTRATE JUDGE RICHARD L. PUGLISI)(agh)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 635
EO: Pursuant to Local Rule 83.12(b), any party who contends that any information related to #627 Plaintiff's Ex Parte Motion to Seal Unredacted Memorandum in Support and Exhibits A and B to Plaintiff's Motion to Exclude Expert Reports and Testimony of Dr. Gregory K. Leonard is not entitled to confidential treatment may challenge the designation by no later than seven (7) days after the filing of the motion. (MAGISTRATE JUDGE RICHARD L. PUGLISI)(agh)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 634
EO: Pursuant to Local Rule 83.12(b), any party who contends that any information related to #619 Ex Parte Motion for Leave to File Under Seal Exhibits A-D, I, M, O-S, W-X, AA-DD to the Declaration of David Eiseman in Support of Defendants Time Warner Cable Inc. and Oceanic Time Warner Cable LLC's Motion to Exclude the Testimony of Christopher Leisner Under Fed. R. Evid. 702 and Daubert is not entitled to confidential treatment may challenge the designation by no later than seven (7) days after the filing of the motion. (MAGISTRATE JUDGE RICHARD L. PUGLISI)(agh)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 633
EO: Pursuant to Local Rule 83.12(b), any party who contends that any information related to #615 Defendant Hawaiian Telcom, Inc.'s Ex Parte Motion to Seal Portions of Exhibits B, C and E and Exhibits D and M to Defendant's Daubert Motion as to Christopher Leisner is not entitled to confidential treatment may challenge the designation by no later than seven (7) days after the filing of the motion. (MAGISTRATE JUDGE RICHARD L. PUGLISI)(agh)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 632
EO: Pursuant to Local Rule 83.12(b), any party who contends that any information related to #613 Defendant Hawaiian Telcom, Inc.'s Ex Parte Motion to Seal Portions of Exhibit 1 and Exhibits 3 and 4 to Defendant Hawaiian Telcom, Inc.'s Motion to Exclude the Expert Report of Testimony of Joel Williams is not entitled to confidential treatment may challenge the designation by no later than seven (7) days after the filing of the motion. (MAGISTRATE JUDGE RICHARD L. PUGLISI)(agh)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 631
EO: Pursuant to Local Rule 83.12(b), any party who contends that any information related to #612 Ex Parte Motion for Leave to File Under Seal Defendants Oceanic Time Warner Cable, LLC and Time Warner Cable Inc.'s Memorandum in Support of the Motion to Exclude the Testimony of Joel Williams Under Fed. R. Evid. 702 and Daubert and Exhibits A, C-E to the Declaration of Daniel L. Reisner in Support Thereof is not entitled to confidential treatment may challenge the designation by no later than seven (7) days after the filing of the motion. (MAGISTRATE JUDGE RICHARD L. PUGLISI)(agh)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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ADVISORY ENTRY. Please be advised that the Certificates of Service included with the following docket entries, reflect that service was made electronically, through CM/ECF: #613 EX PARTE Motion to Seal Portions of Exhibit 1 and Exhibits 3 and 4 to Defendant Hawaiian Telcom, Inc.'s Motion to Exclude the Expert Report of Testimony of Joel Williams filed by Hawaiian Telcom, Inc. and #615 EX PARTE Motion to Seal Portions of Exhibits B, C and E and Exhibits D and M to Defendant's Daubert Motion as to Christopher Leisner filed by Hawaiian Telcom, Inc. Please note that, because both motions were docketed using the filing event "Ex Parte Motion" (from the "Ex Parte Filings" category), these documents are restricted to the filing party only. The filing party may wish to file amended certificates of service, or in the alternative, re-file these motions publically. (emt, )
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Filing 630
MEMORANDUM in Opposition re #553 MOTION for Leave to Modify Scheduling Order and for Leave to Amend Answer filed by Broadband iTV, Inc.. (Attachments: #1 Declaration of Clifton Kagawa, #2 Declaration of Paul Alston, #3 Declaration of John Rhee, #4 Exhibit 1 - 07-05-02 Consulting Agreement, #5 Exhibit 2 - June 2003 letter to Riddle, #6 Exhibit 3 - 04-08-04 Consulting Agreement, #7 Exhibit 4 - Proprietary Info and Inv Agreement, #8 Exhibit 5 - 2002 Stock plan, #9 Exhibit 6 - Restricted Stock Purchase Agreement, #10 Exhibit 7 - 07-20-09 Email from C. Kagawa, #11 Exhibit 8 - 03-15-10 Email from C. Kagawa, #12 Exhibit 9 - 07-30-15 Email from M. Berstein, #13 Exhibit 10 - 336 Patent, #14 Exhibit 11 - D. Tumilowicz Depo Trans, #15 Exhibit 12 - TWC Initial Disclosures, #16 Exhibit 13 - TWC 1st Supple Initial Disclosures, #17 Exhibit 14 - TWC 2nd Supple Initial Disclosures, #18 Exhibit 15 - TWC 4th Supple Initial Disclosures, #19 Exhibit 16 - TWC 5th Supple Initial Disclosures, #20 Exhibit 17 - TWC Corrected 5th Supple Initial Disclosures, #21 Exhibit 18 - TWC Ntc of Depo re William Riddle, #22 Exhibit 19 - TWC Ntc of Depo re William Riddle, #23 Exhibit 20 - COS re Riddle Ntc of Depo, #24 Exhibit 21 - BBiTV's 1st RPOD to TWC, #25 Exhibit 22 - 12-17-14 BBiTV Letter production, #26 Exhibit 23 - 04-29-15 Letter to N. Brown, #27 Exhibit 24 - TWC 1st RPOD to BBiTV, #28 Exhibit 25 - 08-17-15 Email to J. Rhee, #29 Exhibit 26 - 08-17-15 Email from K. Corey, #30 Exhibit 27 - Complaint, #31 Certificate of Service)(Rhee, John)
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Filing 629
REPLY to #539 Defendants Time Warner Cable Inc. and Oceanic Time Warner Cable, LLC's Opposition to #441 Motion to Strike Untimely Disclosure of Witnesses, Dkt. 441 filed by Broadband iTV, Inc.. (Attachments: #1 Certificate of Service)(Rhee, John) Modified on 9/8/2015 (emt, ).
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Filing 628
REPLY to #528 Opposition to #441 Plaintiff's MOTION to Strike Untimely Disclosure of Witnesses filed by Broadband iTV, Inc.. (Attachments: #1 Certificate of Service)(Rhee, John) Modified on 9/8/2015 (emt, ).
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Filing 627
Ex Parte MOTION to Seal Unredacted Memorandum in Support and Exhibits A and B to #626 MOTION in Limine Plaintiff's [Daubert] Motion to Exclude Expert Reports and Testimony of Dr. Gregory K. Leonard John S. Rhee appearing for Plaintiff Broadband iTV, Inc. (Attachments: #1 Declaration of John Rhee, #2 [Proposed] Order Granting Ex Parte Motion, #3 Certificate of Service)(Rhee, John) Modified on 9/8/2015 (emt, ).
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Filing 626
MOTION in Limine Plaintiff's [Daubert] Motion to Exclude Expert Reports and Testimony of Dr. Gregory K. Leonard John S. Rhee appearing for Plaintiff Broadband iTV, Inc. (Attachments: #1 Memorandum of Law in Support of Motion, #2 Declaration of John Rhee, #3 Exhibit "A" - Filed Under Seal, #4 Exhibit "B" - Filed Under Seal, #5 Certificate of Service)(Rhee, John)
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Filing 625
CERTIFICATE OF SERVICE by Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc. (Re: Subpoena to Testify at a Deposition in a Civil Action [A. Toner and D. Matlock]) (Tobin, Brett)
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Filing 624
MOTION in Limine Defendants Oceanic Time Warner Cable LLC and Time Warner Cable Inc.'s Motion to Exclude the Testimony of Christopher Leisner Under Fed. R. Evid. 702 and Daubert Brett R. Tobin appearing for Defendants Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc. (Attachments: #1 [Redacted] Memorandum in Support of Motion, #2 Declaration of David Eiseman, #3 Exhibit A - [Slip Sheet] Leisner Preliminary Expert Report, #4 Exhibit B - [Slip Sheet] Leisner Supp Expert Report, #5 Exhibit C - [Slip Sheet] Gregory Response Report to Leisner, #6 Exhibit D - [Slip Sheet] Excerpt from Depo of Leisner, #7 Exhibit E - TWC00015052-54, #8 Exhibit F - TWC_BB_00567808-13, #9 Exhibit G - Emmy Announcement, #10 Exhibit H - [Excerpt] Markman Hearing Transcript, #11 Exhibit I - [Slip Sheet] Excerpts from Depo of M. Perez, #12 Exhibit J - [Redacted Excerpt] Adams Rebuttal Report, #13 Exhibit K - MPEG-2 Patent List, #14 Exhibit L - TWC Corrected 5th Supp. Rule 26(a) Disclosure, #15 Exhibit M - [Slip Sheet] Excerpts from Depo of P. Murrin, #16 Exhibit N - BBiTV Rule 26(a) Disclosure, #17 Exhibit O - [Slip Sheet] BBiTV000209-29, #18 Exhibit P - [Slip Sheet] Excerpts from Depo of J. Williams, #19 Exhibit Q - [Slip Sheet] Excerpts from Depo of G. Hardin, #20 Exhibit R - [Slip Sheet] Exhibit 4 to Depo of G. Hardin, #21 Exhibit S - [Slip Sheet] Excerpts from Depo of B. Main, #22 Exhibit T - BBiTV Claim Chart, #23 Exhibit U - SWEET00001861-69, #24 Exhibit V - [Excerpts] Sweet Depo, #25 Exhibit W - [Slip Sheet] Excerpts from Depo of A. Monk, #26 Exhibit X - [Slip Sheet] Email from A. Monk to C. Kagawa, #27 Exhibit Y - MONK00017899-901, #28 Exhibit Z - MONK00018031-32, #29 Exhibit AA - [Slip Sheet] Exhibit 6 to Expert Report of G. Leonard, #30 Exhibit BB - [Slip Sheet] TWC00153770-785, #31 Exhibit CC - [Slip Sheet] TWC00163786-849, #32 Exhibit DD - [Slip Sheet] TWC00153850-88, #33 Certificate of Service)(Tobin, Brett)
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Filing 623
REPLY to #530 Defendant Hawaiian Telcom, Inc.'s Opposition to #435 Plaintiff's Motion to Strike Portions of Expert Reports of Anthony Wechselberger filed by Broadband iTV, Inc.. (Attachments: #1 Declaration of John Simmons, #2 Exhibit A" - 10-28-14 Letter to J. Simmons, #3 Certificate of Service)(Rhee, John) Modified on 9/8/2015 (emt, ).
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Filing 622
REPLY to #538 Defendants Oceanic Time Warner Cable LLC and Time Warner Cable, Inc.'s Memorandum in Opposition to #439 Plaintiff's Motion to Strike Portions of Expert Reports of Branko Gerovac filed by Broadband iTV, Inc. (Attachments: #1 Declaration of Keith A. Jones, #2 Exhibit "A", #3 Exhibit "B" - Plaintiff's Disclosure of Asserted Claims, #4 Exhibit "C" - Plaintiff's Infringement Contentions, #5 Certificate of Service)(Rhee, John) Modified on 9/8/2015 (emt, ).
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Filing 621
REPLY CONCISE STATEMENT of Facts in Support of #474 Defendants Oceanic Time Warner Cable LLC and Time Warner Cable Inc.'s MOTION for Summary Judgment Re: Invalidity of U.S. Patent No. 7,631,336 filed by Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc. related to: re #620 Reply, (Reply Concise Statement of Facts in Support of Defendants Oceanic Time Warner Cable LLC and Time Warner Cable Inc.'s Motion for Summary Judgment re: Invalidity of U.S. Patent No. 7,631,336) filed by Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc. (Attachments: #1 Certificate of Compliance, #2 Declaration of Daniel L. Reisner, #3 Exhibit 1 - CISC57-58 and 267-268, #4 Exhibit 2 - 020912 Office Action, #5 Exhibit 3 - 110112 Office Action, #6 Exhibit 4 - 4.29.13 Response to Office Action, #7 Exhibit 5 - May 18, 2015 Wachob Decl., #8 Exhibit 6 - Diaz Tr 456-459, #9 Exhibit 7 - Diaz Tr. 180-186, #10 Exhibit 8 - Excerpts from Gerovac Deposition, #11 Exhibit 9 - Excerpts Gerovac Expert Report, #12 Exhibit 10 - Excerpts from Williams Tr., #13 Exhibit 11 - Excerpts Unified patents IPR - petition-1, #14 Exhibit 12 - Excerpts HTI CBM petition, #15 Exhibit 13 - Excerpts from Adams Tr., #16 Exhibit 14 - 7-10-2009 Final Rejection, #17 Certificate of Service)(Tobin, Brett) Modified on 9/8/2015 (emt, ).
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Filing 620
REPLY Memorandum in Further Support re #474 MOTION for Summary Judgment Regarding Invalidity of U.S. Patent No. 7,631,336 filed by Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc.. (Attachments: #1 Certificate of Compliance, #2 Certificate of Service)(Tobin, Brett) Modified on 9/8/2015 (emt, ).
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Filing 619
Ex Parte MOTION for Leave to File Under Seal Exhibits A-D, I, M, O-S, W-X, AA-DD to the Declaration of David Eiseman in Support of Defendants Time Warner Cable Inc. and Oceanic Time Warner Cable LLCs Motion to Exclude the Testimony of Christopher Leisner Under Fed. R. Evid. 702 and Daubert Brett R. Tobin appearing for Defendants Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc. (Attachments: #1 Declaration of Counsel, #2 [Proposed] Order Granting Ex Parte Motion for Leave to File Under Seal, #3 Certificate of Service)(Tobin, Brett)
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Filing 618
MOTION in Limine (Defendants Oceanic Time Warner Cable, LLC and Time Warner Cable Inc.s Motion to Exclude the Testimony of Joel Williams Under Fed. R. Evid. 702 and Daubert) Brett R. Tobin appearing for Defendants Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc. (Attachments: #1 [Redacted] Memorandum in Support of Motion, #2 Declaration of Daniel L. Reisner, #3 Exhibit A - [Redacted] Excerpts from Infringement Expert Report of Joel Williams re TWC, #4 Exhibit B - U.S. Patent No. 7,631,336, #5 Exhibit C - [Redacted] Excerpts of Depo Transcript of Joel Williams [7-24-15], #6 Exhibit D - [Redacted] Excerpts from Rebuttal Reply Joel Williams re TWC, #7 Exhibit E - [Redacted] Excerpts of Depo Transcript of Bruce Ira Main [7-15-15], #8 Certificate of Service)(Tobin, Brett)
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Filing 617
MOTION in Limine (Defendants Oceanic Time Warner Cable, LLC and Time Warner Cable Inc.s Motion to Exclude Expert Testimony of David Wachob on the Issue of Priority, Under Daubert and Fed. R. Evid. 702) Brett R. Tobin appearing for Defendants Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc. (Attachments: #1 Memorandum in Support of Motion, #2 Declaration of Aaron Stiefel, #3 Exhibit A - Wachob Expert Report Rebuttal to TWC, #4 Exhibit B - Wachob report Ex B - Chart of priority claims, #5 Exhibit C - US Patent No. 7,631,336 - Perez, #6 Exhibit D - 2004 Application 10-909192, #7 Exhibit E - 2015-07-02 BBiTV Amended 2nd Supp Response to TWC 1st Rogs), #8 Certificate of Service)(Tobin, Brett) Modified on 9/18/2015 Clerks Notation: This motion is "administratively closed" pursuant to the #736 Minute Order entered on 9/18/2015. (emt, ).
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Filing 616
MOTION in Limine Defendant Hawaiian Telcom, Inc.'s Daubert Motion to Exclude the Expert Report and Testimony of Christopher Leisner Randall Y. Yamamoto appearing for Defendant Hawaiian Telcom, Inc. (Attachments: #1 Declaration of Brandon H. Stroy, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N, #16 Certificate of Service)(Yamamoto, Randall)
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Filing 615
EX PARTE Motion to Seal Portions of Exhibits B, C and E and Exhibits D and M to Defendant's Daubert Motion as to Christopher Leisner Randall Y. Yamamoto appearing for Defendant Hawaiian Telcom, Inc. (Attachments: #1 [Proposed] Order Granting Defendant Hawaiian Telcom, Inc.'s Ex Parte Motion to Seal Portions of Exhibits, B, C, and E and Exhibits D and M to Defendant's Daubert Motion as to Christopher Leisner, #2 Certificate of Service)(Yamamoto, Randall)
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Filing 614
MOTION in Limine Defendant Hawaiian Telcom, Inc.'s Daubert Motion to Exclude the Expert Report and Testimony of Joel Williams Randall Y. Yamamoto appearing for Defendant Hawaiian Telcom, Inc. (Attachments: #1 Declaration Sasha G. Rao, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Certificate of Service)(Yamamoto, Randall)
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Filing 613
EX PARTE Motion to Seal Portions of Exhibit 1 and Exhibits 3 and 4 to Defendant Hawaiian Telcom, Inc.'s Motion to Exclude the Expert Report of Testimony of Joel Williams Randall Y. Yamamoto appearing for Defendant Hawaiian Telcom, Inc. (Attachments: #1 [Proposed] Order Granting Defendant Hawaiian Telcom, Inc.'s Ex Parte Motion to Seal Portions of Exhibits 1 and Exhibits 3 and 4 to Defendant Hawaiian Telcom, Inc.'s Daubert Motion to Exclude the Expert Report of Testimony of Joel Williams, #2 Certificate of Service)(Yamamoto, Randall)
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Filing 612
Ex Parte MOTION for Leave to File Under Seal Defendants Oceanic Time Warner Cable, LLC and Time Warner Cable Inc.'s Memorandum in Support of the #618 Motion to Exclude the Testimony of Joel Williams Under Fed. R. Evid. 702 and Daubert and Exhibits A, C-E to the Declaration of Daniel L. Reisner in Support Thereof Brett R. Tobin appearing for Defendants Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc. (Attachments: #1 Declaration of Counsel [Brett R. Tobin], #2 [Proposed] Order Granting Ex Parte Motion for Leave to Seal, #3 Certificate of Service)(Tobin, Brett) Modified on 9/8/2015 (emt, ).
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Filing 611
MEMORANDUM in Opposition re #552 Ex Parte MOTION Leave to File Under Seal Defendants Time Warner Cable Inc. and Oceanic Time Warner Cable, LLCs Memorandum in Support of Its Motion for Leave to Modify Scheduling Order and for Leave to Amend Answer and Exhibits 4, 6, and 9 to the Declaration of Deepa Acharya in Support Thereof filed by Broadband iTV, Inc.. (Attachments: #1 Certificate of Service)(Rhee, John)
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Filing 610
REPLY in Support of #434 MOTION to Preclude Expert Testimony of Milton Diaz Perez filed by Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc.. (Attachments: #1 Declaration of Deepa Acharya, #2 Exhibit 1 - 13-cv-03999, #3 Exhibit 2 - Excerpts from Leonard Report, #4 Certificate of Compliance, #5 Certificate of Service)(Tobin, Brett) Modified on 9/4/2015 (emt, ).
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Filing 609
AMENDED SCHEDULING ORDER - Signed by MAGISTRATE JUDGE RICHARD L. PUGLISI on 9/3/2015. Final Pretrial Conference set for 3/2/2016 09:30 AM before MAGISTRATE JUDGE RICHARD L. PUGLISI. Final Pretrial Conference set for 4/5/2016 09:30 AM before JUDGE ALAN C KAY. Jury Selection/Trial set for 09:00 AM on 4/12/2016 before JUDGE ALAN C KAY. (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 608
Additional Exhibits [Resubmission of Exhibits C, D, F, I, N and T to Declaration of Daniel L. Reisner in Support of #480 Defendants Oceanic Time Warner Cable LLC and Time Warner Cable Inc.'s Motion for Summary Judgment of Non-Infringement] filed by Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc. related to: #482 Concise Statement of Facts (Attachments: #1 Exhibit C - [Resubmission] Monk Exhibit 9 HL, #2 Exhibit D - [Resubmission] Monk Exhibit 16 HL, #3 Exhibit F - [Resubmission] Monk Exhibit 17 HL, #4 Exhibit I - [Resubmission] Diaz Exhibit 35 HL, #5 Exhibit N - [Resubmission] BBiTV Contentions Claim Chart, #6 Exhibit T - [Resubmission] Main Exhibit 1 HL, #7 Certificate of Service)(Tobin, Brett) Modified on 9/4/2015 to add linkage to #480 Motion for Summary Judgment of Non-Infringement (emt, ).
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Filing 607
Additional Exhibits [Resubmission of Exhibits 1,6, 7, 10, 11 and 13 to Declaration of Nathan L. Brown in Support of Defendants Oceanic Time Warner Cable LLC and Time Warner Cable Inc.'s #474 Motion for Summary Judgment Regarding Invalidity of U.S. Patent No. 7,631,336] filed by Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc. related to: #475 Concise Statement of Facts (Attachments: #1 Exhibit 1 - [Resubmission] US7631336, #2 Exhibit 6 - [Resubmission] US7650621, #3 Exhibit 7 - [Resubmission] US8042132, #4 Exhibit 10 - [Resubmission] TWC_BB_00031599, #5 Exhibit 11 - [Resubmission] TWC_BB_00030916-30928, #6 Exhibit 13 - [Resubmission] Wachob Exhibit B - Chart of Priority, #7 Certificate of Service)(Tobin, Brett) Modified on 9/4/2015 to add linkage to #474 Motion for Summary Judgment Regarding Invalidity of U.S. Patent No. 7,631,336 (emt, ).
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Filing 606
REPLY in Support of #463 MOTION for Summary Judgment of Invalidity Under 35 U.S.C. Section 101 filed by Hawaiian Telcom, Inc. related to: #465 Concise Statement of Facts (Attachments: #1 Declaration of Brandon H. Stroy, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Certificate of Word Count, #7 Certificate of Service)(Yamamoto, Randall) Modified on 9/4/2015 (emt, ).
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Filing 605
EP: TELEPHONIC TRIAL SETTING CONFERENCE hearing held 09/03/2015.Trial Setting Conference held.Trial in CV 15-00131ACK-RLP is set for March 15, 2016 at 9:00 a.m. before Judge Kay.Trial in CV 14-00169ACK-RLP is set for April 12, 2016 at 9:00 a.m. before Judge Kay.No objections have been made by the parties with the Courts proposed trial dates.Court to issue Amended Scheduling Orders as to CV 14-00169ACK-RLP and CV 15-00131ACK-RLP Associated Cases: 1:14-cv-00169-ACK-RLP, 1:15-cv-00131-ACK-RLP(MAGISTRATE JUDGE RICHARD L. PUGLISI)(bbb)No COS issued for this docket entry (Additional attachment(s) added on 9/3/2015: # 1 Main Document) (bbb, ).
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Filing 604
EO: Pursuant to Local Rule 83.12(b), any party who contends that any information related to #598 Plaintiff's Ex Parte Motion to Seal Exhibits C, D and E to Plaintiff's Reply to HTC's Opposition to Motion to Strike Portions of Supplemental Expert Report of Dr. Jesse David is not entitled to confidential treatment may challenge the designation by no later than seven (7) days after the filing of the motion. (MAGISTRATE JUDGE RICHARD L. PUGLISI)(agh)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 603
EO: EO: Pursuant to Local Rule 83.12(b), any party who contends that any information related to #597 Ex Parte Motion for Leave to File Under Seal Defendants Oceanic Time Warner Cable, LLC and Time Warner Cable Inc.'s August 10, 2015 Concise Statement of Facts in Support of Motion for Summary Judgment of Non-Infringement and Exhibits G, K-M, P-S, W-Y to the August 10, 2015 Declaration of Daniel L. Reisner in Support of Defendants Motion for Summary Judgment of Non-Infringement is not entitled to confidential treatment may challenge the designation by no later than seven (7) days after the filing of the motion. (MAGISTRATE JUDGE RICHARD L. PUGLISI)(agh) CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 602
Additional Exhibits to #482 Concise Statement of Facts,,,,,,,, in Support of TWC Motion for Summary Judgment of Non-Infringement filed by Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc.. (Attachments: #1 Exhibit K - [Redacted] Excerpts from Williams Opening Report, #2 Exhibit L [Redacted] Excerpts from Williams Reply Report, #3 Exhibit M [Redacted] 2015-07-24 Revised Williams Final HL, #4 Exhibit Y [Redacted] BBiTV031363-64, #5 Certificate of Service)(Tobin, Brett)
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Filing 601
Additional Exhibits to #482 Concise Statement of Facts,,,,,,,, in Support of TWC Motion for Summary Judgment of Non-Infringement filed by Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc.. (Attachments: #1 Exhibit B - Monk Exhibit 2HL, #2 Exhibit E - 2015-06-24 Monk Final, #3 Exhibit H - Monk Exhibit 18 HL, #4 Certificate of Service)(Tobin, Brett)
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Filing 600
REDACTION to #482 Concise Statement of Facts,,,,,,,, by Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc.. (Attachments: #1 [Redacted] Concise Statement of Facts, #2 Certificate of Service)(Tobin, Brett)
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Filing 599
REPLY re #532 Memorandum in Opposition to #437 Motion to Strike Portions of Supplemental Expert Report of Dr. Jesse David filed by Broadband iTV, Inc.. (Attachments: #1 Declaration of John Rhee, #2 Exhibit "A" - BBiTV's Disclosure of Asserted Claims Re HTC, #3 Exhibit "B" - BBiTV's Infringement Contentions, #4 Exhibit "C" - 5-26-15 J. Williams Infringement Rpt, #5 Exhibit "D" - Filed Under Seal, #6 Exhibit "E" - Filed Under Seal, #7 Exhibit "F" - 07-28-15 Email from B. Stroy to J. Rhee, #8 Certificate of Service)(Rhee, John) Modified on 9/3/2015 to add linkage to #437 Motion to Strike (emt, ).
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Filing 598
MOTION to Seal Document Exhibits C, D and E to Plaintiff's Reply to #532 HTC's Opposition to Motion to Strike Portions of Supplemental Expert Report of Dr. Jesse David John S. Rhee appearing for Plaintiff Broadband iTV, Inc. (Attachments: #1 Declaration of John Rhee, #2 [Proposed] Order Granting Ex Parte Motion to Seal, #3 Certificate of Service)(Rhee, John)
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Filing 597
Ex Parte MOTION for Leave to File Under Seal Defendants Oceanic Time Warner Cable, LLC and Time Warner Cable Inc.s August 10, 2015 Concise Statement of Facts in Support of Motion for Summary Judgment of Non-Infringement #482 and Exhibits G, K-M, P-S, W-Y to the August 10, 2015 Declaration of Daniel L. Reisner in Support of Defendants Motion for Summary Judgment of Non-Infringement [481-2] Brett R. Tobin appearing for Defendants Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc. (Attachments: #1 Declaration of Counsel, #2 Declaration of John Rhee, #3 Declaration of Rose Perez Jessen, #4 Declaration of Andrew Brown, #5 Declaration of Glen Hardin, #6 Declaration of Brett Ferguson, #7 [Proposed] Order Granting Ex Parte Motion for Leave to File Under Seal, #8 Certificate of Service)(Tobin, Brett)
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Filing 596
EO: The Trial Setting Conference is ADVANCED to 9/3/2015 at 11:00 AM before MAGISTRATE JUDGE RICHARD L. PUGLISI and converted to a TELEPHONIC Conference. Counsel shall call 1-888-684-8852, Access Code: 9657219, Security Code: 0903. (MAGISTRATE JUDGE RICHARD L. PUGLISI)(mrf)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 595
ORDER GRANTING CARL ANDERSON'S MOTION TO APPEAR PRO HAC VICE re: #578 . Signed by MAGISTRATE JUDGE RICHARD L. PUGLISI on 9/2/2015. (afc) ~ CARL ANDERSON, ESQ. (Quinn Emanuel Urquhart & Sullivan, LLP) added as attorney pro hac vice for defendants Time Warner Cable, Inc. and Oceanic Time Warner Cable LLC. (afc) CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). All participants are registered to receive electronic notifications.
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Filing 594
Defendants Oceanic Time Warner Cable LLC and Time Warner Cable, Inc.'s SEALED MEMORANDUM IN OPPOSITION TO: (1) #466 Non-Party Leighton Chong's APPEAL of Order Granting in Part and Denying in Part Non-Party Leighton K. Chong's Motion to Quash Subpoena, and(2) #472 Plaintiff's JOINDER in Appeal. [FILED UNDER SEAL. Reference minute order, docket entry no. (588)] (afc)
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Filing 593
EO: The Court is in receipt of TWC's Ex Parte Motion for Leave to Exceed Word Limit in Filing Reply Memorandum in Support of Their Motion for Summary Judgment regarding Invalidity and to Adjourn the Deadline for Their Reply Memorandum in Support of their Motion for Summary Judgment regarding Invalidity to 9/8/2015 (ECF No. 591), filed on 9/1/2015. Plaintiff filed its Opposition to TWCs summary judgment motion last Thursday, 8/27/2015 (ECF No. 561), along with a motion for leave to exceed the word limit related to the same (ECF No. 554). The Court granted Plaintiff an additional 2,000 words for its Opposition brief on 8/31/2015 (ECF No. 575). TWC now requests an additional 2,000 words for its reply brief and an additional two days to file, which in effect (due to the holiday weekend) becomes five days. The Court notes that Plaintiff has consented to TWCs request. Since TWC's request relates to a reply brief, the Court will grant TWC an additional 1,000 words; that is, one-half of the 2,000 additional words allowed to Plaintiff (the standard word limit for a reply brief is 4,500 words, whereas the standard word limit for an opposition brief is 9,000 words). Moreover, since TWC's Reply is meant to reply to Plaintiff's Opposition, which was filed last Thursday, 8/27/2015, the Court does not agree that TWC has been prejudiced by the Court's granting, on 8/31/2015, of Plaintiff's request for an additional 2,000 words (the request for which was filed on the same day as the Opposition). Nevertheless, in view of the Court having granted Plaintiff's request for an additional 2,000 words as of 8/31/2015, the Court will allow TWC an additional day in which to file its Reply. Accordingly, TWC's Reply must be filed on Friday, 9/4/2015, and must not exceed 5,500 words. IT IS SO ORDERED. (JUDGE ALAN C KAY)(lls, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 592
EO: The Court GRANTS #577 Plaintiff's Motion for Leave to File Supplement to #541 BBiTV's Opposition to #434 Defendants Oceanic Time Warner Cable LLC and Time Warner Cable Inc.'s Motion to Preclude Expert Testimony from Milton Diaz Perez. The Court deems the Declaration of John Rhee attached to the Motion as the filed supplement. No further filing is required or permitted. (MAGISTRATE JUDGE RICHARD L. PUGLISI)(agh)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 591
Ex Parte MOTION for Leave (1) to Exceed Word Limit in Reply Memo in Support of Motion for Summary Judgment re Invalidity #474 and (2) to Adjourn Deadline for Reply Memo in Support of Motion for Summary Judgment re Invalidity to 9-8-15 Brett R. Tobin appearing for Defendants Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc. (Attachments: #1 Declaration of Daniel L. Reisner, #2 [Proposed] Order, #3 Certificate of Service)(Tobin, Brett)
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Filing 590
SEALED EXHIBIT: Submission of Highly Confidential Exhibits "O" to #434 Defendants' MOTION to Preclude Expert Testimony of Milton Diaz Perez - filed by Broadband iTV, Inc. SEALED pursuant to 574 Minute Order. (emt, ) (emt, ).
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Filing 589
SEALED EXHIBIT:Submission of Highly Confidential Exhibits "N" to Plaintiff's Opposition to #434 Defendants' Motion to Preclude Expert Testimony of Milton Diaz Perez - filed by Broadband iTV, Inc. SEALED pursuant to 574 Minute Order. (emt, ) (emt, ).
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Filing 588
EO: The Court has reviewed #544 Ex Parte Motion for Leave to File Under Seal Defendants Oceanic Time Warner Cable, LLC and Time Warner Cable Inc.'s Memorandum in Opposition to (1) Non-party Leighton Chong's Appeal Of Order Granting in Part and Denying in Part Nonparty Leighton K. Chong's Motion to Quash Subpoena Dated May 19, 2015 Filed July 27, 2015 and finds good cause to seal Defendants' Memorandum in Opposition. The Clerk's Office is directed to place Defendants Oceanic Time Warner Cable, LLC and Time Warner Cable Inc.'s Memorandum in Opposition under seal. The redacted copy of Defendants Oceanic Time Warner Cable, LLC and Time Warner Cable Inc.'s Memorandum in Opposition already filed on the public docket shall remain open for public inspection.(MAGISTRATE JUDGE RICHARD L. PUGLISI)(agh)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 587
SEALED EXHIBIT: Submission of Highly Confidential Exhibits "M" to Plaintiff's Opposition to #434 Defendants' MOTION to Preclude Expert Testimony of Milton Diaz Perez - filed by Broadband iTV, Inc. SEALED pursuant to 574 Minute Order. (emt, ) (emt, ).
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Filing 586
EO: Pursuant to Local Rule 83.12(b), any party who contends that any information related to #569 Ex Parte Motion for Leave to File Under Seal Exhibits 7-9 to the Declaration of Deepa Acharya in Support of Defendants Time Warner Cable Inc. and Oceanic Time Warner Cable LLC's Motion to Preclude Expert Testimony from Milton Diaz Perez is not entitled to confidential treatment may challenge the designation by no later than seven (7) days after the filing of the motion.(MAGISTRATE JUDGE RICHARD L. PUGLISI)(agh)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 585
SEALED EXHIBIT:Submission of EXHIBIT N to #538 Declaration of Daniel L. Reisner in Opposition to Plaintiff's Motion to Strike Portions of Expert Reports of Branko Gerovac re #439 - filed by Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc. SEALED pursuant to 573 Minute Order. (emt, ) (emt, ).
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Filing 584
Submission of UNREDACTED August 10, 2015 MEMORANDUM in Support re #474 MOTION for Summary Judgment Regarding Invalidity of U.S. Patent No. 7,631,336 filed by Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc.. (Attachments: #1 Memorandum, #2 Certificate of Service)(Tobin, Brett) Modified on 9/2/2015 (emt, ).
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Filing 583
Additional Exhibits (UNREDACTED Exhibits 2-3, 16-18, 22 and 31) to the August 10, 2015 Declaration of Nathan L. Brown in Support of TWC Motion for Summary Judgment Regarding Invalidity of U.S. Patent No. 7,631,336 re #474 , #475 Concise Statement of Facts filed by Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc. (Attachments: #1 Exhibit 2 - 2015-07-22 BBiTV Amended 2nd Supp Resp to TWC 1st Roggs, #2 Exhibit 3 - BBiTV032893 (Disclosure Document), #3 Exhibit 16 - Gerovac Reply Export - Excerpts, #4 Exhibit 17 - 2015-07-30 Diaz Final, #5 Exhibit 18 - 2015-07-29 Diaz Final, #6 Exhibit 22 - 2015-07-16 LaJoie - Revised, #7 Exhibit 31 - 2015-07-25 Diaz Final, #8 Certificate of Service)(Tobin, Brett) Modified on 9/2/2015 (emt, ).
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Filing 582
RESPONSE to Motion re #578 MOTION for Pro Hac Vice [Carl Anderson] Filing fee $ 300, receipt number 0975-1601061. filed by Broadband iTV, Inc.. (Attachments: #1 Declaration of John Rhee, #2 Exhibit "A", #3 Certificate of Service)(Rhee, John)
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Filing 581
SEALED EXHIBIT:Submission of EXHIBIT H to #538 Declaration of Daniel L. Reisner in Opposition to Plaintiff's Motion to Strike Portions of Expert Reports of Branko Gerovac re #439 - filed by Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc. SEALED pursuant to 573 Minute Order. (emt, ) (emt, ).
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Filing 580
SEALED EXHIBIT: Submission of EXHIBIT A to #538 Declaration of Daniel L. Reisner in Opposition to Plaintiff's Motion to Strike Portions of Expert Report of Branko Gerovac re #439 - filed by Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc. SEALED pursuant to 573 Minute Order. (emt, ) (emt, ).
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Filing 579
NOTICE of Hearing on Motion: A hearing on #553 Defendant Time Warner Cable Inc. and Oceanic Time Warner Cable, LLC's Motion for Leave to Modify Scheduling Order and for Leave to Amend Answer is set for 9/14/2015 at 10:00 AM in Courtroom 6 before MAGISTRATE JUDGE RICHARD L. PUGLISI. The Court directs briefing as follows: any opposition shall be filed no later than 9/4/15; reply shall be filed no later than 9/8/15. (agh)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry.
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Filing 578
MOTION for Pro Hac Vice [Carl Anderson] Filing fee $ 300, receipt number 0975-1601061. (Attachments: #1 Declaration of Counsel [Carl Anderson], #2 Certificate of Service)(Tobin, Brett)
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Filing 577
MOTION for Leave to File Supplement to #541 BBiTV's Opposition to #434 Defendants Oceanic Time Warner Cable, LLC and Time Warner Cable Inc.'s Motion to Preclude Expert Testimony from Milton Diaz Perez John S. Rhee appearing for Plaintiff Broadband iTV, Inc. (Attachments: #1 Declaration of John Rhee [Proposed], #2 Certificate of Service)(Rhee, John)
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Filing 576
MOTION for Joinder re #553 MOTION for Leave to Modify Scheduling Order and for Leave to Amend Answer Randall Y. Yamamoto appearing for Defendant Hawaiian Telcom, Inc. (Attachments: #1 Exhibit 1, #2 Certificate of Service)(Yamamoto, Randall)
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Filing 575
EO: The Court is in receipt of Plaintiff's Ex Parte Motion for Leave to Exceed Page and Word Limit in Filing Opposition to Defendants Time Warner Cable, Inc. and Oceanic Time Warner Cable, LLC's Motion for Summary Judgment regarding Invalidity of U.S. Patent No. 7,631,336 (ECF No. 554). The Court elects to decide the motion without a hearing pursuant to Local Rule 7.2(d).Good cause appearing therefor, Plaintiff's motion is GRANTED. Plaintiff is granted leave to file its requested Opposition in excess of thirty (30) pages in length and 9,000 words; said memorandum shall not, however, exceed 11,000 words. IT IS SO ORDERED. (JUDGE ALAN C KAY)(lls, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 574
EO: The Court has reviewed #540 Plaintiff's Ex Parte Motion to Seal Document Exhibits M, N, and O to Plaintiff's Opposition to Defendants' Motion to Preclude Expert Testimony from Milton Diaz Perez and finds good cause to seal Exhibit M, N, and O. The Clerk's Office is directed to place Exhibits N, N, and O to Plaintiff's Opposition to Defendants' Motion to Preclude Expert Testimony from Milton Diaz Perez under seal. The redacted copies already filed on the docket shall remain open for public inspection. See ECF No. 541. IT IS SO ORDERED. (MAGISTRATE JUDGE RICHARD L. PUGLISI)(agh)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 573
EO: The Court has reviewed #537 Ex Parte Motion for Leave to Seal Exhibits A, C, H, and N to the Declaration of Daniel L. Reisner in Opposition to Plaintiff's Motion to Strike Portions of Expert Reports of Branko Gerovac and GRANTS IN PART and DENIES IN PART as follows:The Court finds good cause to seal pages 1, 15-17, 26-29, 41 and 54 of Exhibit A. However, the final six pages of Exhibit A is a list of documents relied upon by the expert, which does not appear to contain any confidential information. The Clerk's Office is directed to place pages 1, 15-17, 26-29, 41 and 54 of Exhibit A under seal. Defendants shall file a new copy of Exhibit A with only pages 1, 15-17, 26-29, 41 and 54 redacted. The Court finds that Defendants have failed to demonstrate good cause to seal Exhibit C. The only information provided by Defendants is that this engagement letter has been designated confidential on its face. This is insufficient to support the filing of this document under seal. Defendants shall file Exhibit C on the public docket.The Court finds good cause to seal the portions of Exhibit H that are designated confidential. The Clerk's Office is directed to file Exhibit H under seal. Defendants shall file a new copy of Exhibit H with only the confidential sections of the documents (pages 7-9 and 18) redacted.The Court finds good cause to seal the portions of Exhibit N that are designated confidential. The Clerk's Office is directed to file Exhibit N under seal. Defendants shall file a new copy of Exhibit N with only the confidential sections of the documents (pages 6-8, 16) redacted.IT IS SO ORDERED. (MAGISTRATE JUDGE RICHARD L. PUGLISI)(agh )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 572
EO: Defendant Hawaiian Telcom, Inc.'s Ex Parte Motion to Seal Exhibits A-G to the Declaration of Brandon H. Stroy in Support of Hawaiian Telcom's Opposition to Plaintiff's Motion to Strike Portions of the Supplemental Expert Report of Dr. Jesse David is DENIED because it is overbroad and fails to make a particularized showing with respect to each document. Defendant seeks to file six expert reports under seal in their entirety. Defendant also asks to seal deposition excerpts that discuss the expert reports at issue. Defendant states generally that each expert report contains "extensive proprietary technical information" of Defendant and a third party and contains non-public financial information regarding Defendant. First, the Court's prior determination to allow Mr. Leisner's reports to be filed under seal in deciding whether such reports were properly supplemented is not determinative here given the nature of the issues presented in the underlying motion. Second, portions of the report contain the experts' qualifications and lists of documents considered, which are not confidential, and also appear to discuss publicly available information. Defendant has failed to demonstrate good cause to seal Exhibits A-G in their entirety. Defendant may file a notice of withdraw of Exhibits A-G or may file a new motion to seal no later than 9/8/15. If Exhibits A-G are not withdrawn or a new motion to seal is not filed, these Exhibits will be filed on the public docket. IT IS SO ORDERED. (MAGISTRATE JUDGE RICHARD L. PUGLISI)(agh)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 571
EO: Defendant Hawaiian Telcom, Inc.'s Ex Parte Motion to Seal Exhibit F to the Declaration of Brandon H. Stroy in Support of Hawaiian Telcom's Opposition to Plaintiff's Motion to Strike Portions of Expert Reports of Anthony Wechselberger #529 is DENIED because it is overbroad. Defendant acknowledges that no pages of the report are cited in its opposition and that the report is being submitted merely to show the absence of certain information in the report. Over twenty pages of Mr. Williams' report consists of his background information and his resume, which are not confidential. Mr. Williams expressly states that his discussion of the Vubiquity system "is based on publicly available information." The last fourteen pages of Mr. Williams' report is a list of document Bates numbers and the parties' Second Amended Joint Claim Chart, which has already been publicly filed in this case. See ECF No. 174-12. Given this information, the Court finds that Defendant has failed to establish good cause to seal the report in its entirety and disagrees with Defendant's assertion that it would not be practical to file only a portion of Mr. Williams' report under seal. Defendant may file a notice of withdraw of Exhibit F or may file file a new motion to seal no later than 9/8/15. If Exhibit F is not withdrawn and no new motion to seal is filed, it will be filed on the public docket. IT IS SO ORDERED.(MAGISTRATE JUDGE RICHARD L. PUGLISI)(agh)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 570
Additional Exhibits to #434 MOTION to Preclude Expert Testimony of Milton Diaz Perez (Submission of Exhibits 7-9 to the Declaration of Deepa Acharya in Support of Defendants Time Warner Cable Inc. and Oceanic Time Warner Cable LLC's Motion to Preclude Expert Testimony from Milton Diaz Perez) filed by Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc.. (Attachments: #1 Exhibit 7 - Excerpts of Expert Reubttal Report of M. Adams, #2 Exhibit 8 - Infringement Expert Report of J. Williams re TWC, #3 Exhibit 9 - Rebuttal Report of J. Williams re TWC, #4 Certificate of Service)(Tobin, Brett) Modified on 9/1/2015 (emt, ).
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Filing 569
Ex Parte MOTION for Leave to File Under Seal Exhibits 7-9 to the Declaration of Deepa Acharya in Support of Defendants Time Warner Cable Inc. and Oceanic Time Warner Cable LLC's Motion to Preclude Expert Testimony from Milton Diaz Perez [Dkt. 434] Brett R. Tobin appearing for Defendants Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc. (Attachments: #1 Declaration of Counsel [Brett R. Tobin], #2 [Proposed] Order Granting Ex Parte Motion for Leave to File Under Seal, #3 Certificate of Service)(Tobin, Brett)
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Filing 568
EO: Pursuant to Local Rule 83.12(b), any party who contends that any information related to #563 Plaintiff's Ex Parte Motion To Seal Exhibits 13, 15 and 18 to Plaintiff Broadband iTV, Inc.'s Concise Counterstatement of Facts in Opposition to #475 Defendants Oceanic Time Warner Cable, LLC and Time Warner Cable Inc.'s Concise Statement of Facts is not entitled to confidential treatment may challenge the designation by no later than seven (7) days after the filing of the motion.(MAGISTRATE JUDGE RICHARD L. PUGLISI)(agh)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 567
EO: Pursuant to Local Rule 83.12(b), any party who contends that any information related to #558 Plaintiff's Ex Parte Motion To Seal Exhibit A to Plaintiff's Motion for Reconsideration Of #500 Order Granting Plaintiff's Ex Parte Motion for Leave To File Supplemental Brief In Support of its Motion to Compel Production of Email Discovery and Denying Plaintiff's Motion To Compel Production of Email Discovery is not entitled to confidential treatment may challenge the designation by no later than seven (7) days after the filing of the motion.(MAGISTRATE JUDGE RICHARD L. PUGLISI)(agh)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 566
EO: Pursuant to Local Rule 83.12(b), any party who contends that any information related to #552 Ex Parte Motion for Leave to File Under Seal Defendants Time Warner Cable Inc. and Oceanic Time Warner Cable, LLCs Memorandum In Support of its Motion for Leave to Modify Scheduling Order and for Leave to Amend Answer and Exhibits 4, 6, and 9 to The Declaration of Deepa Acharya in Support Thereof is not entitled to confidential treatment may challenge the designation by no later than seven (7) days after the filing of the motion. (MAGISTRATE JUDGE RICHARD L. PUGLISI)(agh)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 565
STATUS REPORT Joint Status Report [Re: Proposed New Trial Dates] by Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc.. (Munger, Lisa)
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Filing 564
ORDER DENYING PLAINTIFF'S MOTION FOR RECONSIDERATION OF #500 ORDER GRANTING PLAINTIFF'S EX PARTE MOTION FOR LEAVE TO FILE SUPPLEMENTAL BRIEF IN SUPPORT OF ITS MOTION TO COMPEL PRODUCTION OF EMAIL DISCOVERY AND DENYING PLAINTIFF'S MOTION TO COMPEL PRODUCTION OF EMAIL DISCOVERY #557 . Signed by MAGISTRATE JUDGE RICHARD L. PUGLISI on 8/28/2015. (afc)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 563
MOTION to Seal Document #562 Concise Statement in Opposition,,, John S. Rhee appearing for Plaintiff Broadband iTV, Inc. (Attachments: #1 Declaration of John Rhee, #2 [Proposed] Order Granting Ex Parte Motion to Seal, #3 Certificate of Service)(Rhee, John)
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Filing 562
Concise Statement in Opposition re #561 Memorandum in Opposition to Motion, filed by Broadband iTV, Inc.. (Attachments: #1 Declaration of Keith A. Jones, #2 Exhibit 1 - 228 Patent, #3 Exhibit 2 - 959 Patent, #4 Exhibit 3 - 016 Patent, #5 Exhibit 4 - 118 Patent, #6 Exhibit 5 - United Patent v. BBiTV Decision, #7 Exhibit 6 - HTC v BBiTV Decision, #8 Exhibit 7 - History, #9 Exhibit 8 - HTC Petition, #10 Exhibit 9 - Wachob Report, #11 Exhibit 10 - Gerovac Depo, #12 Exhibit 11 - Patent Trial & Appeal Board Stats, #13 Exhibit 12 - Wachob Depo, #14 Exhibit 13 - Filed Under Seal, #15 Exhibit 14 - Chart, #16 Exhibit 15 - Filed Under Seal, #17 Exhibit 16 - Wechselberger Report, #18 Exhibit 17 - 336 Patent, #19 Exhibit 18 - Filed Under Seal, #20 Exhibit 19 - Gerovac 2nd Supplemental Report, #21 Exhibit 20 - Diaz Depo Trans, #22 Certificate of Compliance, #23 Certificate of Service)(Rhee, John)
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Filing 561
MEMORANDUM in Opposition re #474 MOTION for Summary Judgment Regarding Invalidity of U.S. Patent No. 7,631,336 filed by Broadband iTV, Inc.. (Attachments: #1 Certification of Word Limit, #2 Certificate of Service)(Rhee, John)
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Filing 560
Concise Statement in Opposition re #559 Memorandum in Opposition to Motion filed by Broadband iTV, Inc.. (Attachments: #1 Declaration of Keith A. Jones, #2 Exhibit 1 - 228 Patent, #3 Exhibit 2 - 959 Patent, #4 Exhibit 3 - 016 Patent, #5 Exhibit 4 - Patent Trial & Appeal Board Stats, #6 Exhibit 5 - Chart, #7 Exhibit 6 - J. Williams Depo Trans, #8 Exhibit 7 - 336 Patent, #9 Exhibit 8 - B. Gerovac Depo Trans, #10 Exhibit 9 - Chicago v. 5th Market Decision, #11 Exhibit 10 - Google v. Contentguard Decision, #12 Exhibit 11 - A. Wechselberger Depo Trans, #13 Exhibit 12 - HTI v. BBiTV Decision, #14 Certificate of Compliance, #15 Certificate of Service)(Rhee, John)
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Filing 559
MEMORANDUM in Opposition re #463 MOTION for Summary Judgment of Invalidity Under 35 U.S.C. Section 101 filed by Broadband iTV, Inc.. (Attachments: #1 Certificate of Compliance, #2 Certificate of Service)(Rhee, John)
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Filing 558
MOTION to Seal Document #557 MOTION for Reconsideration re #500 Order on Motion to Compel, Order on Motion for Miscellaneous Relief, John S. Rhee appearing for Plaintiff Broadband iTV, Inc. (Attachments: #1 Declaration of John Rhee, #2 [Proposed] Order Granting Ex Parte Motion, #3 Certificate of Service)(Rhee, John)
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Filing 557
MOTION for Reconsideration re #500 Order on Motion to Compel, Order on Motion for Miscellaneous Relief, John S. Rhee appearing for Plaintiff Broadband iTV, Inc. (Attachments: #1 Memorandum in Support of Motion, #2 Declaration of John Rhee, #3 Exhibit "A" - Filed Under Seal, #4 Certificate of Service)(Rhee, John)
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Filing 556
Plaintiff Broadband iTV, Inc.'s submission of Highly Confidential and Privileged & Confidential Attorney Client Communication: SEALED EXHIBIT "11" to Plaintiff's Reply Memorandum in Support of #442 MOTION for Clawback of Privileged Documents. [Minute Order granting leave to file Exhibit 11 under seal: docket entry no. (549)] (afc)
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Filing 555
Plaintiff Broadband iTV, Inc.'s submission of Highly Confidential and Privileged & Confidential Attorney Client Communication: SEALED EXHIBIT "10" to Plaintiff's Reply Memorandum in Support of #442 MOTION for Clawback of Privileged Documents. [Minute Order granting leave to file Exhibit 10 under seal: docket entry no. (549)] (afc)
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Filing 554
MOTION Leave to Exceed Page and Word Limit John S. Rhee appearing for Plaintiff Broadband iTV, Inc. (Attachments: #1 Declaration of John Rhee, #2 [Proposed] Order Granting Plaintiff's Ex Parte Motion for Leave to Exceed Page and Word Limit, #3 Certificate of Service)(Rhee, John)
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Filing 553
MOTION for Leave to File [Defendants Time Warner Cable Inc. and Oceanic Time Warner Cable, LLC's Motion for Leave to Modify Scheduling Order and for Leave to Amend Answer] Lisa W. Munger appearing for Defendants Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc. (Attachments: #1 Memorandum in Support of Motion, #2 Declaration of Deepa Acharya, #3 Exhibit 1 - Redline TWC First Amended Answer, #4 Exhibit 2 - TWC 1st RAI to BBiTV (Nos. 1-8), #5 Exhibit 3 - TWC 1st Set of RFPs to BBiTV (Nos. 1-43), #6 Exhibit 4 - Redacted Decl. of W. Riddle, #7 Exhibit 5 - TWC 3rd Request for ATIs to BBiTV (Nos. 10-16), #8 Exhibit 6 - Nonconfidential Excerpts of BBiTV Resp to TWC 1st Request for ATIs, #9 Exhibit 7 - Excerpts of 2015-06-26 BBiTV Objections and Answers, #10 Exhibit 8 - Excerpts of 2015-08-07 BBiTV Supplemental O&R to TWC, #11 Exhibit 9 - 2015-04-17 Letter to Simmons re BBiTV Deficiencies, #12 Exhibit 10 - 2015-04-29 Ltr from Simmons to Brown re Deficient BBiTV Discovery Responses, #13 Exhibit 11 - 2015-05-06 Ltr from Langsam to Simmons re BBiTV Discovery Responses, #14 Exhibit 12 - 2015-05-27 Ltr from Simmons to Langsam re BBiTV Document Production Deficiencies, #15 Exhibit 13 - Nonconfidential Excerpts from M. Diaz Perez 2015-07-30 Depo Transcript, #16 Exhibit 14 - D. Tumilowicz Subpoena, #17 Exhibit 15 - W. Riddle Subpoena, #18 Errata 16 - Amended Notice of Taking Deposition - W. Riddle, #19 Exhibit 17 - Excerpts of R. Tillotson Depo - Confidential Info Redacted, #20 Exhibit 18 - RTIL00019182 - R. Tillotson Draft Speech, #21 Exhibit 19 - Nonconfidential Excerpts 07-31-15 D. Tumilowicz, #22 Exhibit 20 - DT000442 - D. Tumilowicz Ex. 6, #23 Certificate of Service)(Munger, Lisa)
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Filing 552
Ex Parte MOTION Leave to File Under Seal Defendants Time Warner Cable Inc. and Oceanic Time Warner Cable, LLCs Memorandum in Support of Its Motion for Leave to Modify Scheduling Order and for Leave to Amend Answer and Exhibits 4, 6, and 9 to the Declaration of Deepa Acharya in Support Thereof Brett R. Tobin appearing for Defendants Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc. (Attachments: #1 Declaration of Counsel, #2 [Proposed] Order Granting Ex Parte Motion for Leave to File Under Seal, #3 Certificate of Service)(Tobin, Brett)
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Filing 551
CERTIFICATE OF SERVICE by Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc. re #545 Memorandum in Opposition to Motion, (Amended Certificate of Service ([Redacted] Defendants Oceanic Time Warner Cable, LLC and Time Warner Cable Inc.s Memorandum in Opposition to (1) Non-Party Leighton Chongs Appeal #466 of Order #407 Granting in Part and Denying in Part Non-Party Leighton K. Chongs Motion to Quash Subpoena Dated May 19, 2015 Filed July 27, 2015 and (2) Plaintiffs Joinder in Appeal #472 #545 )) (Tobin, Brett)
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Filing 550
Joinder re #545 Memorandum in Opposition to Motion, filed by Time Warner Cable, Inc., Oceanic Time Warner Cable, LLC filed by Hawaiian Telcom, Inc.. (Attachments: #1 Certificate of Service)(Yamamoto, Randall)
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Filing 549
EO: The Court has reviewed #509 Plaintiff's Ex Parte Motion to Seal Exhibits 10 and 11 to Plaintiffs Reply Memorandum in Support of #442 Motion for Claw Back of Privileged Documents and finds good cause to seal Exhibits 10 and 11. Plaintiff shall submit new copies of each Exhibit is separate sealed envelopes to the Clerk's Office. Upon receipt, the Clerk's Office is directed to place Exhibit 10 and 11 under seal. The redacted copies already filed on the public docket shall remain open for public inspection. (MAGISTRATE JUDGE RICHARD L. PUGLISI)(agh)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 548
EO: Pursuant to Local Rule 83.12(b), any party who contends that any information related to #540 Plaintiff's Ex Parte Motion to Seal Document Exhibits M, N and O to Plaintiff's Opposition to #434 Defendants' Motion to Preclude Expert Testimony from Milton Diaz Perez is not entitled to confidential treatment may challenge the designation by no later than seven (7) days after the filing of the motion. (MAGISTRATE JUDGE RICHARD L. PUGLISI)(agh)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 547
EO: Pursuant to Local Rule 83.12(b), any party who contends that any information related to #537 Ex Parte Motion for Leave to Seal Exhibits A, C, H, and N to the Declaration of Daniel L. Reisner in Opposition to Plaintiff's Motion to Strike Portions of Expert Reports of Branko Gerovac is not entitled to confidential treatment may challenge the designation by no later than seven (7) days after the filing of the motion.(MAGISTRATE JUDGE RICHARD L. PUGLISI)(agh)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 546
EO: Pursuant to Local Rule 83.12(b), any party who contends that any information related to #544 Ex Parte Motion for Leave to File Under Seal Defendants Oceanic Time Warner Cable, LLC and Time Warner Cable Inc.'s Memorandum in Opposition to (1) Non-party Leighton Chong's Appeal #466 Of Order #407 Granting in Part and Denying in Part Nonparty Leighton K. Chong's Motion to Quash Subpoena Dated May 19, 2015 Filed July 27, 2015 and (2) Plaintiff's Joinder in Appeal #472 is not entitled to confidential treatment may challenge the designation by no later than seven (7) days after the filing of the motion.(MAGISTRATE JUDGE RICHARD L. PUGLISI)(agh)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 545
MEMORANDUM in Opposition re #466 APPEAL OF MAGISTRATE JUDGE DECISION to District Court by Leighton K. Chong re #407 Order on Motion to Quash,, and #472 Plaintiff's Substantive Joinder in Appeal filed by Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc.. (Attachments: #1 Certificate of Service)(Tobin, Brett)
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Filing 544
Ex Parte MOTION for Leave to File Under Seal TWC Memorandum in Opposition to (1) Non-Party Leighton Chong's Appeal #466 of Order #407 Granting in Part and Denying in Part Non-Party Leighton K. Chong's Motion to Quash Subpoena dated May 19, 2015 and (2) Plaintiff's Joinder in Appeal #472 Brett R. Tobin appearing for Defendants Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc. (Attachments: #1 Declaration of Counsel [Brett R. Tobin], #2 [Proposed] Order Granting Ex Parte Motion for Leave to Seal, #3 Certificate of Service)(Tobin, Brett)
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Filing 543
CERTIFICATE OF SERVICE by Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc. (Re: Defendants Time Warner Cable Inc. and Oceanic Time Warner Cable LLCs Amended Notice of Subpoena [Dyer Matlock]) (Verhoevan, Charles)
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Filing 542
CERTIFICATE OF SERVICE by Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc. (Re: Defendants Time Warner Cable Inc. and Oceanic Time Warner Cable LLCs Amended Notice of Subpoena [Andre Troner, L.C. c/o Edward A. Andre]) (Verhoevan, Charles)
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Filing 541
MEMORANDUM in Opposition re #540 MOTION to Seal Document Exhibits M, N and O to Plaintiff's Opposition to #434 Defendants' Motion to Preclude Expert Testimony from Milton Diaz Perez filed by Broadband iTV, Inc. (Attachments: #1 Declaration of Milton Diaz Perez, #2 Declaration of John Rhee, #3 Exhibit A - 07-28-15 M. Diaz Depo Trans, #4 Exhibit B - M. Diaz Witness Stmt Dkt 225, #5 Exhibit C - 06-03-15 Tutorial Trans, #6 Exhibit D - BBiTV Initial Disclosure, #7 Exhibit E - 07-31-15 Letter to Judge Puglisi, #8 Exhibit F - 08-04-15 Minute Order, Dkt 432, #9 Exhibit G - 08-05-15 F. Tecce EMail, #10 Exhibit H - 08-05-15 D. Eiseman EMail, #11 Exhibit I - 08-05-15 F. Tecce EMail No. 2, #12 Exhibit J - 08-05-15 D. Eiseman EMail No. 2, #13 Exhibit K - 08-05-15 F. Tecce EMail No. 3, #14 Exhibit L - 08-06-15 Amended Initial Disclosure, #15 Exhibit M - Filed Under Seal, #16 Exhibit N - Filed Under Seal, #17 Exhibit O - Filed Under Seal, #18 Certificate of Service)(Rhee, John) Docket text modified to clarify that the filing is an Opposition to Defendants' Motion, doc no. #434 . (afc)
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Filing 540
MOTION to Seal Document Exhibits M, N and O to Plaintiff's Opposition to #434 Defendants' Motion to Preclude Expert Testimony from Milton Diaz Perez John S. Rhee appearing for Plaintiff Broadband iTV, Inc. (Attachments: #1 Declaration of John Rhee, #2 [Proposed] Order Granting Ex Parte Motion, #3 Certificate of Service)(Rhee, John)
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Filing 539
MEMORANDUM in Opposition re #441 MOTION to Strike Untimely Disclosure of Witnesses filed by Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc.. (Attachments: #1 Declaration of David Eiseman, #2 Exhibit 1 - BBiTV Rule 26(a) Initial Disclosures 9-2-14, #3 Exhibit 2 - TWC Rule 26(a) Initial Disclosures 9-2-14, #4 Exhibit 3 - Email from Reisner to Simmons 8-14-15, #5 Exhibit 4 - TWC 1st Supplemental Rule 26(a) Initial Disclosures 2-13-15, #6 Exhibit 5 - TWC 2nd Supplemental Rule 26(a) Initial Disclosures 5-20-15, #7 Exhibit 6 - TWC Corrected 5th Supplemental Rule 26(a) Disclosures 7-2-15, #8 Exhibit 7 - Excerpts from Hardin 5-12-15, #9 Exhibit 8 - Excerpts David Tumilowicz Rough Draft 7-31-15, #10 Exhibit 9 - Letter from Reisner to Simmons 7-28-15, #11 Certificate of Service)(Tobin, Brett)
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Filing 538
MEMORANDUM in Opposition re #439 MOTION to Strike #438 Portions of Expert Reports of Branko Gerovac filed by Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc.. (Attachments: #1 Declaration of Daniel Reisner, #2 Exhibit A - Submitted Under Seal, #3 Exhibit B - Rebuttal Reply of Joel Williams Re TWC, #4 Exhibit C - Submitted Under Seal, #5 Exhibit D - Wachob Invoice for Consulting - 3-1-15, #6 Exhibit E - Wachob Invoice for Consulting - 6-1-15, #7 Exhibit F - Wachob Invoice for Consulting - 7-2-15, #8 Exhibit G - TWC 1st Request for ATIs to BBiTV, #9 Exhibit H - Submitted Under Seal, #10 Exhibit I - Plaintiff's Infringement Contentions, #11 Exhibit J - Defendants' Joint Preliminary Invalidity Contentions, #12 Exhibit K - Plaintiff's Supplemental Infringement Contentions, #13 Exhibit L - BBiTV O&A to TWC 2nd Request for ATIs, #14 Exhibit M - Expert Report of Branko Gerovac, #15 Exhibit N - Submitted Under Seal, #16 Exhibit O - Supp. Expert Report of Branko Gerovac, #17 Exhibit P - Videotaped Depo of David Wachob - 7-23-15, #18 Exhibit Q - Videotaped Depo of Branko Gerovac - 7-31-15, #19 Exhibit R - Expert Report of David Wachob in Rebuttal to Expert Report of Branko Gerovac, #20 Exhibit S - TWC 3rd Supp. O&R to BBiTV Amended 1st Set of Roggs (1-9), #21 Exhibit T - Vubiquity - NetVu, #22 Exhibit U - TVN Entertainment VOD Distribution, #23 Exhibit V - Vubiquity - Wikipedia, #24 Declaration of Nathan Brown, #25 Certificate of Service)(Tobin, Brett)
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Filing 537
Ex Parte MOTION for Leave to Seal Exhibits A, C, H, and N to the Declaration of Daniel L. Reisner in Opposition to Plaintiff's Motion to Strike Portions of Expert Reports of Branko Gerovac Brett R. Tobin appearing for Defendants Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc. (Attachments: #1 Declaration of Counsel [Brett R. Tobin], #2 [Proposed] Order Granting Ex Parte Motion for Leave to Seal, #3 Certificate of Service)(Tobin, Brett)
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Filing 536
SEALED DOCUMENT: Defendants Time Warner Cable Inc. and Oceanic Time Warner Cable LLC'S MEMORANDUM IN OPPOSITION re: #442 Plaintiffs Motion for Claw Back of Privileged Documents.[Minute Order granting leave to file document under seal: docket entry no. (534)] (afc)
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Filing 535
EO: Pursuant to Local Rule 83.12(b), any party who contends that any information related to #529 Defendant Hawaiian Telcom, Inc.'s Ex Parte Motion to Seal Exhibit F to the Declaration of Brandon H. Stroy in Support of Hawaiian Telcom's Opposition to Plaintiff's Motion to Strike Portions of Expert Reports of Anthony Wechselberger or #531 Defendant Hawaiian Telcom, Inc.'s Ex Parte Motion to Seal Exhibits A-G to the Declaration of Brandon H. Stroy in Support of Hawaiian Telcom's Opposition to Plaintiff's Motion to Strike Portions of the Supplemental Expert Report of Dr. Jesse David is not entitled to confidential treatment may challenge the designation by no later than seven (7) days after the filing of the motions. (MAGISTRATE JUDGE RICHARD L. PUGLISI) (agh)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 534
EO: The Court has reviewed #496 Ex Parte Motion for Leave to File Under Seal Defendants Time Warner Cable Inc. and Oceanic Time Warner Cable LLC's Memorandum in Opposition to Plaintiff's Motion for Claw Back of Privileged Documents and finds good cause to seal Defendants' Opposition. The Clerk's Office is directed to place Defendants' Opposition under seal. The redacted copy already filed on the docket, see ECF No. 497, shall be open for public inspection. (MAGISTRATE JUDGE RICHARD L. PUGLISI)(agh)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 533
Additional Exhibits to #485 Reply, Submission of Exhibits 1 and 2 to Plaintiff's Reply Memorandum in Support of #325 Plaintiff's Motion to Compel Production of Email Discovery Filed August 10, 2015; Certificate of Service filed by Broadband iTV, Inc.. (Attachments: #1 Certificate of Service)(Rhee, John)
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CLERK'S ADVISORY ENTRY re: e-filings on behalf of Hawaiian Telcom, Inc., docket entry nos. #528 and #530 . The exhibits are not individually marked for identification. Pursuant to the Amended Local Rule regarding Exhibits, LR 100.2.5: "The filer must clearly label each exhibit so that anyone examining the electronic case file will know what the 'Exhibit' is...." Local rule 10.2(d) states in part that "All exhibits...shall show the exhibit number or letter at the bottom of the first page of the exhibit." Lastly, please be advised that the Exhibit "B" image appended in docket entry no. #530 is prefaced with a cover sheet marked "Exhibit L." (afc)
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Filing 532
MEMORANDUM in Opposition re #437 MOTION to Strike Portions of Supplemental Expert Report of Jesse David filed by Hawaiian Telcom, Inc.. (Attachments: #1 Declaration of Brandon H. Stroy, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Certificate of Service)(Yamamoto, Randall)
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Filing 531
EX PARTE Motion to Seal Exhibits A-G to the Declaration of Brandon H. Stroy in Support of Hawaiian Telcom's Opposition to Plaintiff's Motion to Strike Portions of the Supplemental Expert Report of Dr. Jesse David Randall Y. Yamamoto appearing for Defendant Hawaiian Telcom, Inc. (Attachments: #1 Declaration Alexandra V. Drury, #2 [Proposed] Order Granting Defendant Hawaiian Telcom, Inc.'s Ex Parte Motion to Seal Exhibits A-G to the Declaration of Brandon H. Stroy in Support of Hawaiian Telcom's Opposition to Plaintiff's Motion to Strike Portions of the Supplemental Expert Report of Dr. Jesse David, #3 Certificate of Service)(Yamamoto, Randall)
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Filing 530
MEMORANDUM in Opposition re #435 MOTION to Strike Portions of Expert Reports of Anthony Wechselberger filed by Hawaiian Telcom, Inc.. (Attachments: #1 Declaration Brandon H. Stroy, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Certificate of Service)(Yamamoto, Randall)
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Filing 529
EX PARTE Motion to Seal Exhibit F to the Declaration of Brandon H. Stroy in Support of Hawaiian Telcom's Opposition to Plaintiff's Motion to Strike Portions of Expert Reports of Anthony Wechselberger Randall Y. Yamamoto appearing for Defendant Hawaiian Telcom, Inc. (Attachments: #1 Declaration of Alexandra V. Drury, #2 [Proposed] Order Granting Defendant Hawaiian Telcom, Inc.'s Ex Parte Motion to Seal Exhibit F to the Declaration of Brandon H. Stroy in Support of Hawaiian Telcom's Opposition to Plaintiff's Motion to Strike Portions of Expert Reports of Anthony Wechselberger, #3 Certificate of Service)(Yamamoto, Randall)
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Filing 528
MEMORANDUM in Opposition to Plaintiff's Motion to Strike Witness Disclosures re: #441 filed by Hawaiian Telcom, Inc.. (Attachments: #1 Declaration of Brandon H. Stroy, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Certificate of Service)(Yamamoto, Randall) Docket text entry modified on 8/20/2015 to add document number link to correlate to the underlying M/Strike, doc no. #441 . (afc).
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Filing 527
ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF'S MOTION FOR CLAW BACK OF PRIVILEGED DOCUMENTS re: #442 , #452 . Signed by MAGISTRATE JUDGE RICHARD L. PUGLISI on 8/19/2015. (afc) Excerpt of conclusion: 1. The Court GRANTS Plaintiff's request to claw back the document produced by Plaintiff bearing the Bates stamp BBiTV042054.2. The Court DENIES Plaintiff's request to claw back the remaining documents produced by Plaintiff and the documents produced by Inflexion Point, Art Monk, and William Sweet. CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 526
ORDER GRANTING RICHARD A. DE SEVO'S APPLICATION TO APPEAR PRO HAC VICE re: #522 . Signed by MAGISTRATE JUDGE RICHARD L. PUGLISI on 8/19/2015. ~ RICHARD A. DE SEVO, ESQ. (Kaye Scholer LLP)) added as attorney pro hac vice for defendants Time Warner Cable Inc. AND Oceanic Time Warner Cable LLC (afc) CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). All participants are registered to receive electronic notifications.
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Filing 524
EO: The Court has reviewed #471 Plaintiff's Ex Parte Motion to Seal Exhibits "1" and "2" Attached to Exhibit A to Plaintiff's Substantive Joinder in Non-Party Leighton K. Chong's Appeal of #407 Order Granting in Part and Denying in Part Non-Party Lieghton K. Chong's Motion to Quash Subpoena Dated May 19, 2015 Filed July 27, 2015 and finds good cause to seal Exhibits "1" and "2". Plaintiff is directed to submit copies of each Exhibit in separate sealed envelopes to the Clerk's Office. Upon receipt, the Clerk's Office is directed to place Exhibits "1" and "2" under seal. The redacted copies already filed on the public docket shall remain open for public inspection. (MAGISTRATE JUDGE RICHARD L. PUGLISI)(agh)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 525
Defendants Oceanic Time Warner Cable LLC and Time Warner Cable, Inc.'s SEALED REPLY in Support of #329 its MOTION to Strike Supplemental Expert Report of Christopher J. Leisner. [FILED UNDER SEAL. Reference minute order, docket entry no. (520), granting leave to place the instant Reply under seal.] (afc)
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Filing 522
MOTION for Pro Hac Vice [Richard A. De Sevo] Filing fee $ 300, receipt number 0975-1594797. (Attachments: #1 Declaration of Counsel - Richard A. De Sevo, #2 Exhibit A - Richard A. De Sevo Bar Admission Dates, #3 Certificate of Service)(Tobin, Brett)
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Filing 521
EO: The Court has reviewed #486 Plaintiff's Ex Parte Motion to Seal Exhibits 1 & 2 to Plaintiff's Reply Memorandum in Support of #325 Plaintiff's Motion to Compel Production of Email Discovery and finds that Plaintiff has failed to establish good cause to seal Exhibits 1 and 2. The only argument presented in Plaintiff's Ex Parte Motion is that the documents contain information pertaining to the technology at issue in this case. However, Exhibit 1 is an excerpt from the transcript of the deposition of Milton Diaz Perez, in which he discusses the retention of emails. Exhibit 2 is an excerpt from the transcript of the deposition of Michael Adams, in which he generally discusses contracts between Defendants and third parties. Based on the Court's review, there does not appear to be any information in these documents related to the technology at issue in this case. Plaintiff's Ex Parte Motion is DENIED. Plaintiff shall file a notice of withdraw of these Exhibits or shall file these two Exhibits on the public docket no later than 8/20/15. (MAGISTRATE JUDGE RICHARD L. PUGLISI)(agh )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 520
EO: The Court has reviewed #457 Ex Parte Motion for Leave to File under Seal Defendants Time Warner Cable Inc. and Oceanic Time Warner Cable LLC's Reply in Support of its Motion To Strike Supplemental Expert Report of Christopher J. Leisner and finds good cause to seal Defendants Time Warner Cable Inc. and Oceanic Time Warner Cable LLC's Reply in Support of its Motion To Strike Supplemental Expert Report of Christopher J. Leisner. The Clerk's Office is directed to place Defendants Time Warner Cable Inc. and Oceanic Time Warner Cable LLC's Reply in Support of its Motion To Strike Supplemental Expert Report of Christopher J. Leisner under seal. The redacted copy already filed on the public docket shall be open for public inspection. (MAGISTRATE JUDGE RICHARD L. PUGLISI)(agh )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 519
EO: The Court has reviewed #440 Plaintiff's Ex Parte Motion to Seal Exhibits "1" and "2" to Plaintiff's Motion for Claim of Privilege and finds good cause to seal Exhibits "1" and "2". Plaintiff is directed to submit copies of each Exhibit in a separate sealed envelope to the Clerk Office. Upon receipt, the Clerk's Office is directed to place Exhibits "1" and "2" under seal. The redacted copies already filed on the public docket shall remain open for public inspection. (MAGISTRATE JUDGE RICHARD L. PUGLISI)(agh)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 518
EO: The Court has reviewed #438 Plaintiff's Ex Parte Motion to Seal Exhibits "B", "C" and "F" to Plaintiff's Motion to Strike Portions of Expert Reports of Branko Gerovac and finds that Plaintiff has failed to establish good cause to seal the Exhibits at issue. Exhibits B, C, and F, consisting of nearly two thousand pages, are the expert report, supplemental report, and reply report of Branko Gerovac. Plaintiff's Ex Parte Motion seeks to file these documents under seal in their entirety. It appears that Plaintiff only references a small portion of these reports in its underlying Motion to Strike, see ECF No. 439-1. It is not clear that these Exhibits must be sealed in their entirety, as opposed to being partly sealed, but openly filed in redacted form, or to only the relevant portions of these Exhibits being submitted. The Court DENIES #438 Plaintiff's Ex Parte Motion to Seal Exhibits "B", "C" and "F" to Plaintiff's Motion to Strike Portions of Expert Reports of Branko Gerovac. Plaintiff may file a new motion to seal seeking to file the relevant portions of Mr. Gerovac's reports under seal and must demonstrate good cause for the filing of those portions under seal. (MAGISTRATE JUDGE RICHARD L. PUGLISI)(agh )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 517
EO: The Court has reviewed #436 Plaintiff's Ex Parte Motion to Seal Exhibits "A" and "C" to Plaintiff's Motion to Strike Portions of Supplemental Expert Report of Jesse David and finds good cause to seal Exhibit A. Plaintiff is directed to submit a copy of Exhibit A in a separate sealed envelope to the Clerk Office. Upon receipt, the Clerk's Office is directed to place Exhibit A under seal. The redacted copy of Exhibit A already filed on the public docket shall remain open for public inspection. Regarding Exhibit C, the Court finds that Plaintiff has failed to establish good cause to seal place this entire document under seal. Exhibit C is the expert report of Joel Williams consisting of 63 pages. The underlying motion makes only a general reference to this report. See ECF No. 437-1 at 6. Plaintiff has failed to show good cause why this report should be filed in its entirety under seal in this action. It is not clear that this Exhibit must be sealed in its entirety, as opposed to being partly sealed, but openly filed in redacted form, or to only the relevant portions of this Exhibit being submitted. Plaintiff may file a notice of withdraw of Exhibit C or may file file a new motion to seal. (MAGISTRATE JUDGE RICHARD L. PUGLISI)(agh)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 516
EO: The Court has reviewed #433 Ex Parte Motion for Leave to File under Seal Exhibits 7-9 to the Declaration of Deepa Acharya in Support of Defendants Time Warner Cable Inc. and Oceanic Time Warner Cable LLC's Motion to Preclude Expert Testimony from Milton Diaz Perez and finds that Defendants have failed to establish good cause to seal these Exhibits. Defendants' only argument regarding why these Exhibits should be filed under seal is that they contain information "pertaining to Defendants' business, technical, and financial information." Exhibit 7 is the expert report of Michael Adams consisting of 169 pages. Defendants ask to file this entire report under seal. However, the underlying motion makes only a passing reference to thirty pages of the report. See ECF No. 434-1 at 7, 13. Exhibit 8 and Exhibit 9 are the expert reports of Joel Williams, consisting of 116 pages. Again, Defendants ask to file these entire reports under seal. However, the underlying motion makes only a general reference to the reports. See ECF No. 434-1 at 6. Defendants have failed to show good cause why these Exhibits should be filed in their entirety under seal in this action. It is not clear that these Exhibits must be sealed in their entirety, as opposed to being partly sealed, but openly filed in redacted form, or to only the relevant portions of these Exhibits being submitted. Defendants may file a new motion to seal related to these Exhibits. Ex Parte Motion for Leave to File under Seal Exhibits 7-9 to the Declaration of Deepa Acharya in Support of Defendants Time Warner Cable Inc. and Oceanic Time Warner Cable LLC's Motion to Preclude Expert Testimony from Milton Diaz Perez #433 is DENIED. (MAGISTRATE JUDGE RICHARD L. PUGLISI) (agh)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 515
EO: In its Minute Order of 8/13/2015, ECF No. 505, the Court requested "two (2) sets of sealed courtesy copies" of the parties' summary judgment motions ("MSJs") and related concise statements of facts ("CSFs") "in unredacted format for the Court's reference in Chambers." The Court has received unredacted copies of Defendants' MSJs and CSFs and several individually-sealed exhibits thereto. The Court clarifies that its 8/13/2015 request sought complete, unredacted copies of the parties' CSFs, bound and tabbed to include all exhibits in sequential order. This is to aid the Court's ease of reference in Chambers and to expedite consultation of exhibits at the hearings on the parties' MSJs. The parties are therefore DIRECTED to submit complete, unredacted copies of their CSFs, including all exhibits, consistent with the foregoing guidance. They should be submitted in sealed form, such as in bankers boxes. Defendants are further DIRECTED to collect the individually-sealed CSFs and exhibits that they submitted to the clerk's office. (JUDGE ALAN C KAY)(lls, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 514
Joinder to Defendants Oceanic Time Warner Cable, LLC, and Time Warner Cable, Inc.'s Opposition to Plaintiff's Motion for Claw Back of [Allegedly] Privileged Documents [D.I. #497 ] filed by Hawaiian Telcom, Inc.. (Attachments: #1 Certificate of Service)(Yamamoto, Randall)
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Filing 513
EO: Pursuant to Local Rule 83.12(b), any party who contends that any information related to #509 Ex Parte MOTION to Seal Exhibits 10 and 11 to BBiTV's Reply Memorandum in Support of #442 Motion for Claw Back of Privileged Documents is not entitled to confidential treatment may challenge the designation by no later than seven (7) days after the filing of the motion. (MAGISTRATE JUDGE RICHARD L. PUGLISI)(agh)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 512
NOTICE of Change of Address by Randall Y. Yamamoto on behalf of Hawaiian Telcom, Inc.. (Attachments: #1 Certificate of Service)(Yamamoto, Randall)
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Filing 511
EO: Pursuant to Local Rule 83.12(b), any party who contends that any information related to #496 Ex Parte Motion for Leave to File Under Seal Defendants Time Warner Cable Inc. and Oceanic Time Warner Cable LLC's Memorandum in Opposition to Plaintiff's Motion for Claw Back of Privileged Documents is not entitled to confidential treatment may challenge the designation by no later than seven (7) days after the filing of the motion. (MAGISTRATE JUDGE RICHARD L. PUGLISI)(agh)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 510
REPLY re #442 MOTION for Clawback of Privilege Documents filed by Broadband iTV, Inc.. (Attachments: #1 Declaration of John Rhee, #2 Exhibit "5" - Depo Transcript of A. Monk, #3 Exhibit "6" - 07/10/15 Email from J. Rhee, #4 Exhibit "7" - 07/14/15 Email from A. Langsam, #5 Exhibit "8" - 07/25/15 Email from P. Alston, #6 Exhibit "9" - 07/31/15 Email from P. Alston, #7 Exhibit "10" Filed Under Seal, #8 Exhibit "11" Filed Under Seal, #9 Certificate of Compliance with Word Limitation, #10 Certificate of Service)(Rhee, John)
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Filing 509
Ex Parte MOTION to Seal Document Exhibits 10 and 11 to BBiTV's Reply Memorandum in Support of #442 Motion for Claw Back of Privileged Documents John S. Rhee appearing for Plaintiff Broadband iTV, Inc. (Attachments: #1 Declaration of John Rhee, #2 Proposed Order, #3 Certificate of Service)(Rhee, John)
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Filing 507
ORDER DENYING DEFENDANTS TIME WARNER CABLE INC. AND OCEANIC TIME WARNER CABLE LLC'S MOTION TO STRIKE SUPPLEMENTAL EXPERT REPORT OF CHRISTOPHER J. LEISNER #329 AND DEFENDANT HAWAIIAN TELCOM, INC.'S JOINDER THERETO #332 . Signed by MAGISTRATE JUDGE RICHARD L. PUGLISI on 8/14/2015. (afc)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 506
EO: A trial setting conference is set for September 4, 2015 at 9:30 a.m. before MAGISTRATE JUDGE RICHARD L. PUGLISI. The parties shall confer prior to that date to attempt to agree on new trial dates and shall file a Joint Status Report no later than August 28, 2015 regarding the parties agreed upon or proposed new trial dates. (MAGISTRATE JUDGE RICHARD L. PUGLISI)(mrf)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 505
EP: The Court is in receipt of courtesy copies of the parties' summary judgment motions and related concise statements of facts filed on 8/10/2015. ECF Nos. 463, 465, 470, 473, 474, 475, 476, 477, 478, 479, 480, 481, 482, 484. These courtesy copies are heavily redacted. The parties are DIRECTED to provide forthwith two (2) sets of sealed courtesy copies of the same filings in unredacted format for the Courts reference in Chambers. IT IS SO ORDERED. (JUDGE ALAN C KAY)(lls, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 504
EO: Daubert Hearing set for 10/8/2015 at 10:00 AM before JUDGE ALAN C KAY. (JUDGE ALAN C KAY)(lls, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 503
NOTICE of Hearing on Motion #480 TWC's MOTION for Summary Judgment of Non-Infringement set for Court Hearing 12/9/2015 at 10:00 AM before JUDGE ALAN C KAY. (lls, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry.
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Filing 502
NOTICE of Hearing on Motions' #474 TWC's MOTION for Summary Judgment Regarding Invalidity of U.S. Patent No. 7,631,336 and #463 HTI's MOTION for Summary Judgment of Invalidity Under 35 U.S.C. Section 101 set for Court Hearing on 9/17/2015 at 10:00 AM before JUDGE ALAN C KAY. (lls, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry.
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Filing 501
EO: The instant Minute Order addresses scheduling related to dispositive motions hearings, Daubert motions and hearing, and trial dates. First, the parties have collectively filed five motions for summary judgment ("MSJs"). ECF Nos. 463, 470, 474, 480, 481. In its Minute Order of 8/4/2015, the Court indicated that it would review the parties' summary judgment motions and determine in what order to proceed with dispositive motions hearings and trials related to TWC and HTI. ECF No. 432. TWC also requested by letter of August 11, 2015 that the Court revise its prior dispositive motions hearing date of 9/14/2015 to account for upcoming Jewish holidays. See ECF No. 494 at 2-3.In view of the magnitude and complexity of the foregoing motions, the Court sets the following schedule for hearings on the parties dispositive motions:MotionHearing Date-TWCs MSJ re: Invalidity (ECF No. 474)-9/17/2015 at 10:00 a.m. HTI's MSJ re: Invalidity (ECF No. 463)-9/17/2015 at 10:00 a.m. HTI's MSJ re: Infringement (ECF No. 470)-12/8/2015 at 10:00 a.m. Plf.'s MSJ re: HTI's Infringement (ECF No. 481)-12/8/2015 at 10:00 a.m. TWCs MSJ re: Infringement (ECF No. 480)-12/9/2015 at 10:00 a.m. Pursuant to Local Rule 7.4, oppositions shall be filed not less than 21 days prior to the dates of the foregoing hearings, with replies due not less than 14 days prior. Second, the Court adopts the following schedule for Daubert motions: Daubert Motions Due 9/4/2015. Oppositions Due 9/18/2015, Replies Due 9/25/2015. Daubert Hearing10/8/2015 at 10:00 a.m. Third, in view of the foregoing scheduling changes, trial dates as to the cases against HTI and TWC will have to be rescheduled, along with dates for the parties pretrial submissions. The Court therefore VACATES the final pretrial conference and trial dates set in the Court's 4/8/2015 Minute Order, ECF No. 155, and DIRECTS the parties to request a scheduling conference with Magistrate Judge Puglisi. IT IS SO ORDERED. (JUDGE ALAN C KAY)(lls, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 500
ORDER GRANTING #499 PLAINTIFF'S EX PARTE MOTION FOR LEAVE TO FILE SUPPLEMENTAL BRIEF IN SUPPORT OF ITS MOTION TO COMPEL PRODUCTION OF EMAIL DISCOVERY AND DENYING #325 PLAINTIFF'S MOTION TO COMPEL PRODUCTION OF EMAIL DISCOVERY. Signed by MAGISTRATE JUDGE RICHARD L. PUGLISI on 8/13/2015. (afc)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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NOTICE of Hearing on Motions' #470 HTI's MOTION for Summary Judgment of Non-Infringement and #481 Plf.'s MOTION for Summary Judgment Regarding Defendant Hawaiian Telcom, Inc.'s set for Court Hearing on 12/8/2015 at 10:00 AM before JUDGE ALAN C KAY. (lls, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry.
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Filing 499
MOTION File Supplemental Brief re #325 MOTION to Compel Production of Email Discovery John S. Rhee appearing for Plaintiff Broadband iTV, Inc. (Attachments: #1 Exhibit "A" - Supplemental Brief, #2 [Proposed] Order Granting Plaintiff's Ex Parte Motion, #3 Certificate of Service)(Rhee, John)
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Filing 498
ORDER DENYING MOTIONS TO SEAL, ECF NOS. #461 , #464 , #469 , AND #483 . Signed by MAGISTRATE JUDGE RICHARD L. PUGLISI on 8/12/2015. (afc)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). All participants are registered to receive electronic notifications.
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Filing 497
MEMORANDUM in Opposition re #442 MOTION for Clawback of Privilege Documents filed by Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc.. (Attachments: #1 Declaration of Deepa Acharya, #2 Exhibit 1 - 2015-06-03 BBiTV ROG 4 Response, #3 Exhibit 2 - BBiTV Amended Supp Resp TWC ROG 4, #4 Exhibit 3 - Excerpts from 2015-06-24 Monk Final, #5 Exhibit 4 - 2015-07-10 Email from Rhee to TWC re Monk Clawback, #6 Exhibit 5 - 2015-07-14 Email from Langsam to Rhee re Monk Clawback, #7 Exhibit 6 - 2015-07-24 Email from Patrocinio to All Counsel Encl Rhee Letter and Priv Log, #8 Exhibit 7 - Laurie Bio, #9 Exhibit 8 - Laurie Declaration, #10 Exhibit 9 - 2015-07-31 Langsam to Monk, #11 Exhibit 10 - 2015-08-04 Email from Alston to Langsam Re Monk 241 Priv, #12 Exhibit 11 - Excerpts from Sweet Deposition, #13 Exhibit 12 - Excerpts from Appendix B to Leonard, #14 Exhibit 13 - 2015-08-07 BBiTV Supp O&R to TWC 3rd Request for ATI, #15 Certificate of Service)(Tobin, Brett)
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Filing 496
Ex Parte MOTION for Leave to File Under Seal Defendants Time Warner Cable Inc. and Oceanic Time Warner Cable LLC's Memorandum in Opposition to Plaintiff's Motion for Claw Back of Privileged Documents [Dkt. 442] Brett R. Tobin appearing for Defendants Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc. (Attachments: #1 Declaration of Counsel [Brett R. Tobin], #2 [Proposed] Order Granting Ex Parte Motion for Leave to File Under Seal Defendants Time Warner Cable Inc. and Oceanic Time Warner Cable LLC's Memorandum in Opposition to Plaintiff's Motion for Claw Back of Privileged Documents [Dkt. 442], #3 Certificate of Service)(Tobin, Brett)
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ADVISORY NOTICE re: docket entry number #494 Response filed by Time Warner Cable, Inc., Oceanic Time Warner Cable, LLC, filed in letter format. For the filing party's future reference, the general practice is as follows: Letters to the Court are submitted via e-mail (refer to LR.100.9.3 for the respective judge's e-mail address, Fax (refer to USDC website, Judge's Contact List), or hand-delivery. (afc)
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Filing 495
EO: Pursuant to Local Rule 83.12(b), any party who contends that any information related to #471 Plaintiff's Ex Parte Motion to Seal Exhibits "1" and "2" Attached to Exhibit A to Plaintiff's Substantive Joinder in Non-Party Leighton K. Chong's Appeal is not entitled to confidential treatment may challenge the designation by no later than seven (7) days after the filing of the motion. (MAGISTRATE JUDGE RICHARD L. PUGLISI) (agh)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 494
RESPONSE re #432 Defendants Oceanic Time Warner Cable LLC and Time Warner Cable Inc.'s August 11, 2015 Letter Response to the Court's August 4, 2015 Minute Order [D.N. 432] filed by Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc.. (Tobin, Brett) Docket text modified on 8/12/2015 - extraneous text/punctuation deleted. (afc)
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Filing 493
ORDER GRANTING PLAINTIFF'S EMERGENCY MOTION TO FORBID UNTIMELY AND IMPROPER DEPOSITION re: #468 . Signed by MAGISTRATE JUDGE RICHARD L. PUGLISI on 8/11/2015. (afc)Excerpt of conclusion:"[T]he Court...QUASHES the subpoena issued to William Riddle."CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 492
Submission of Corrected Declaration of Bill Sweet re #442 MOTION for Clawback of Privilege Documents Submission of Corrected Declaration of Bill Sweet Submitted in Support of #442 BBiTV's Motion for Clawback of Privileged Documents; Declaration of Bill Sweet; Certificate of Service. (Attachments: #1 Declaration Corrected Declaration of Bill Sweet Submitted in Support of #442 BBiTV's Motion for Clawback of Privileged Documents, #2 Certificate of Service)(Rhee, John) Modified on 8/12/2015 (emt, ).
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Filing 491
EO: The Court GRANTS #490 Plaintiff's Motion for Leave to File Reply Brief. The Reply Brief attached as Exhibit A is deemed filed in support of Plaintiff's Emergency Motion to Forbid Untimely and Improper Deposition. (MAGISTRATE JUDGE RICHARD L. PUGLISI)(agh)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 490
MOTION re #468 Emergency MOTION re #467 Ex Parte MOTION to Shorten Time to hear Motion Emergency Motion to Forbid Untimely and Improper Deposition Plaintiff's Emergency Motion to Forbid Untimely and Improper Deposition John S. Rhee appearing for Plaintiff Broadband iTV, Inc. (Attachments: #1 Exhibit "A" - Reply Brief , #2 Certificate of Service)(Rhee, John)Docket text modified on 8/12/2015 to note:As pursuant to the Court's August 11, 2015 minute order entered as docket entry no. (491) wherein plaintiff's motion for leave to file reply brief is granted, "The Reply Brief attached as Exhibit A is deemed filed in support of Plaintiff's Emergency Motion to Forbid Untimely and Improper Deposition." (afc)
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Filing 489
MEMORANDUM in Opposition re #468 Emergency MOTION re #467 Ex Parte MOTION to Shorten Time to hear Motion Emergency Motion to Forbid Untimely and Improper Deposition Plaintiff's Emergency Motion to Forbid Untimely and Improper Deposition filed by Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc.. (Attachments: #1 Declaration of David Eiseman, #2 Exhibit 1 - Excerpts from 7-15-15 Deposition Transcript of Richard Tillotson, #3 Exhibit 2 - Excerpts from 7-31-15 Rough Deposition Transcript of David Tumilowicz, #4 Certificate of Service)(Tobin, Brett)
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Filing 488
EO: Pursuant to Local Rule 83.12(b), any party who contends that any information related to #486 PLAINTIFFS EX PARTE MOTION TO SEAL EXHIBITS 1 & 2 TO PLAINTIFF'S REPLY MEMORANDUM IN SUPPORT OF #325 PLAINTIFF'S MOTION TO COMPEL PRODUCTION OF EMAIL DISCOVERY is not entitled to confidential treatment may challenge the designation by no later than seven (7) days after the filing of the motion. (MAGISTRATE JUDGE RICHARD L. PUGLISI)(agh)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 487
EO: The Court GRANTS #467 Plaintiff's Ex Parte Motion to Shorten Time for Hearing on Plaintiff's Emergency Motion to Forbid Untimely and Improper Deposition. Opposition to #468 Plaintiff's Emergency Motion to Forbid Untimely and Improper Deposition shall be filed no later than noon today 8/11/2015; no reply permitted. (MAGISTRATE JUDGE RICHARD L. PUGLISI)(agh)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 486
MOTION to Seal Document #485 Reply, John S. Rhee appearing for Plaintiff Broadband iTV, Inc. (Attachments: #1 Declaration of John Rhee, #2 [Proposed] Order Granting Plaintiff's Ex Parte Motion to Seal, #3 Certificate of Service)(Rhee, John)
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Filing 485
REPLY re #325 MOTION to Compel Production of Email Discovery filed by Broadband iTV, Inc.. (Attachments: #1 Declaration of John Rhee, #2 Exhibit "1" - Filed Under Seal, #3 Exhibit "2" - Filed Under Seal, #4 Exhibit "3" - Gonder Depo, #5 Exhibit "4" - 7-20-15 Email, #6 Exhibit "5" - 6-10-15 Email, #7 Certificate of Service)(Rhee, John)
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Filing 484
CONCISE STATEMENT of Facts re #481 MOTION for Summary Judgment Regarding Defendant Hawaiian Telcom, Inc.'s Infringement filed by Broadband iTV, Inc.. (Attachments: #1 Certificate of Compliance with Word Limitation, #2 Declaration of Joel Williams, #3 Declaration of John Rhee, #4 Exhibit "A" - US Patent No. 7,631,336 B2, #5 Exhibit "B" - Filed Under Seal, #6 Exhibit "C" - Filed Under Seal, #7 Exhibit "D" - Filed Under Seal, #8 Exhibit "E" - Filed Under Seal, #9 Exhibit "F" - Filed Under Seal, #10 Exhibit "G" - Filed Under Seal, #11 Exhibit "H' - Vubiquity Website, #12 Exhibit "I" - Response to Office Action & Amendment, #13 Exhibit "J" - Filed Under Seal, #14 Exhibit "K" - Filed Under Seal, #15 Exhibit "L" - A. Wecheslberger Expert Report, #16 Exhibit "M" - Filed Under Seal, #17 Exhibit "N" - Filed Under Seal, #18 Exhibit "O" - BBiTV Claims & Contention, #19 Exhibit "P" - Cablelabs Specs, #20 Exhibit "Q" - Filed Under Seal, #21 Certificate of Service)(Rhee, John)
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Filing 483
MOTION to Seal Document #481 MOTION for Summary Judgment Regarding Defendant Hawaiian Telcom, Inc.'s Infringement John S. Rhee appearing for Plaintiff Broadband iTV, Inc. (Attachments: #1 Declaration of John Rhee, #2 [Proposed] Order Granting Plaintiff's Ex Parte Motion to Seal, #3 Certificate of Service)(Rhee, John)
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Filing 482
CONCISE STATEMENT of Facts re #480 MOTION for Summary Judgment of Non-Infringement filed by Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc.. (Attachments: #1 Declaration of Daniel L. Reisner, #2 Declaration of Daniel Boglioli, #3 Exhibit A - U.S. Patent No. 7,631,336, #4 Exhibit B - Sell-Side Agreement, #5 Exhibit C - Inflexion Points proposed auction timeline, #6 Exhibit D - Email chain-MONK000015047-49, #7 Exhibit E - Excerpts of depo transcript Art Monk taken June 24, 2015, #8 Exhibit F - Email chain-MONK000015083-85, #9 Exhibit G - Email chain-REMB000106-112., #10 Exhibit H - Email chain-INFL00000269-70, #11 Exhibit I - IP Acquisition Opportunity Summary by Inflexion Point, #12 Exhibit J - Mtn for Leave to file Brief of Amicus Curiae BBiTV in Akamai Technologies, #13 Exhibit K - Infringement Expert Report of Joel Williams, #14 Exhibit L - Rebuttal Reply of Joel Williams, #15 Exhibit M - Excerpts of depo transcript Joel Williams taken July 24, 2015, #16 Exhibit N - Plaintiff's Disclosure, #17 Exhibit O - Excerpts of depo transcript David Wachob taken July 23, 2015, #18 Exhibit P - VOD Services Agreement, #19 Exhibit Q - Bandwidth Reduction Services Amendment to VOD Services Agreement, #20 Exhibit R - Excerpts of depo transcript Bruce Ira Main taken July 15, 2015, #21 Exhibit S - Vubiquity Content Provider Requirements Version 3.1, #22 Exhibit T - Subpoena to Vubiquity Entertainment Corp, #23 Exhibit U - Expert Rpt of Wachob in Rebuttal to Expert Rpt of Gerovac, #24 Exhibit V - Email-INFL00001160-62, #25 Exhibit W - Headend in the Sky Programming Transport Agrmnt, #26 Exhibit X - Ltr Agrmnt btwn Comcast and TWC for VOD Programs, #27 Exhibit Y - Email-BBiTV031363-64, #28 Exhibit Z - Excerpts slides Milton Diaz Perez testimony June 3, 2015 Tech Tutorial, #29 Exhibit AA - Comcast Express Lane Version 3.1 User Guide, #30 Certificate of Compliance, #31 Certificate of Service)(Tobin, Brett)
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Filing 481
MOTION for Summary Judgment Regarding Defendant Hawaiian Telcom, Inc.'s Infringement John S. Rhee appearing for Plaintiff Broadband iTV, Inc. (Attachments: #1 Memorandum of Law in Support of Motion, #2 Certificate of Compliance with Word Limitation, #3 Certificate of Service)(Rhee, John)
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Filing 480
MOTION for Summary Judgment of Non-Infringement Brett R. Tobin appearing for Defendants Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc. (Attachments: #1 Memorandum in Support of Motion, #2 Certificate of Service)(Tobin, Brett)
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Filing 479
Additional Exhibits to #475 Concise Statement of Facts,, filed by Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc.. (Attachments: #1 Exhibit 26 - TWC00149313 - CableLabs Video-on-Demand Content Spec Version 1.1, #2 Exhibit 27 - TWC_BB_00018817-18860 (823, 825, 827, 829, 831), #3 Exhibit 28 - www.cedmagazine (VOD's Great Escape), #4 Exhibit 29 - 188 Application, References Cited, #5 Exhibit 30 - 2014-04-22 Branko Declaration, #6 Exhibit 31 - 2015-07-28 Diaz, #7 Exhibit 32 - Rep. App. 8 Carney, #8 Exhibit 33 - US Patent No. 7,690,020 Lebar)(Tobin, Brett)
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Filing 478
Additional Exhibits to #475 Concise Statement of Facts,, filed by Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc.. (Attachments: #1 Exhibit 23 - Internet Archive Affidavit & Exhibit A, #2 Exhibit 24 - Rep. App. 2 Pegasus, #3 Exhibit 25 - TWC_BB_00030902)(Tobin, Brett)
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Filing 477
Additional Exhibits to #475 Concise Statement of Facts,, filed by Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc.. (Attachments: #1 Exhibit 12 - Gerovac Expert Report Excerpts, #2 Exhibit 13 - Wachob Exhibit B - Chart of Priority Claims, #3 Exhibit 14 - Wachob Expert Report Rebuttal to TWC, #4 Exhibit 15 - Reply Ex. 3 - Wachob Bare Citations for Priority, #5 Exhibit 16 - Gerovac Reply Report Excerpts, #6 Exhibit 17 - 2015-07-30 Diaz, #7 Exhibit 18 - 2015-07-29 Diaz, #8 Exhibit 19 - 2015-07-23 Wachob, #9 Exhibit 20 - Rep. App. 5 Thomas, #10 Exhibit 21 - Rep. App. 7 Stasi, #11 Exhibit 22 - 2015-07-16 LaJoie)(Tobin, Brett)
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Filing 476
Additional Exhibits to #475 Concise Statement of Facts,, filed by Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc.. (Attachments: #1 Exhibit 7 - US8042132, #2 Exhibit 8 - US Patent Pub No. 2007-0016530, #3 Exhibit 9 - TWC_BB_00030898, #4 Exhibit 10 - TWC_BB_00031599, #5 Exhibit 11 - TWC_BB_00030916-30928 (921-922, 927-928))(Tobin, Brett)
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Filing 475
CONCISE STATEMENT of Facts re #474 MOTION for Summary Judgment Regarding Invalidity of U.S. Patent No. 7,631,336 filed by Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc.. (Attachments: #1 Declaration of Nathan Brown, #2 Exhibit 1 - US7631336, #3 Exhibit 2 - 2015-07-22 BBiTV Amended 2nd Supp Answers to TWC 1st Request for ATIs, #4 Exhibit 3 - BBiTV032893, #5 Exhibit 4 - 2004 Application 10-909192, #6 Exhibit 5 - 188 Application Publication (US Patent Pub No. 2007-0157252), #7 Exhibit 6 - US7650621, #8 Certificate of Compliance, #9 Certificate of Service)(Tobin, Brett)
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Filing 474
MOTION for Summary Judgment Regarding Invalidity of U.S. Patent No. 7,631,336 Brett R. Tobin appearing for Defendants Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc. (Attachments: #1 Memorandum in Support of Defendants Oceanic Time Warner Cable LLC and Time Warner Cable Inc.'s Motion for Summary Judgment Regarding Invalidity of U.S. Patent No. 7,631,336, #2 Certificate of Compliance, #3 Certificate of Service)(Tobin, Brett)
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Filing 473
CONCISE STATEMENT of Facts in Support of Hawaiian Telcom's Motion for Summary Judgment of Noninfringement filed by Hawaiian Telcom, Inc.. (Attachments: #1 Declaration of Sasha Rao, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Certificate of Word Count, #16 Certificate of Service)(Yamamoto, Randall)
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Filing 472
Joinder re #466 APPEAL OF MAGISTRATE JUDGE DECISION to District Court by Leighton K. Chong re #407 Order on Motion to Quash,, filed by Leighton K. Chong filed by Broadband iTV, Inc.. (Attachments: #1 Declaration of John Rhee, #2 Exhibit "A" - Plaintiff's Motion for Clawback of Privilege Docs, #3 Certificate of Service)(Rhee, John)
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Filing 471
MOTION to Seal Document Exhibits "1" and "2" Attached to Exhibit A to Plaintiff's Substantive Joinder in Non-Party Leighton K. Chong's Appeal of #407 Order Granting in Part and Denying in Part Non-Party Lieghton K. Chong's Motion to Quash Subpoena dated May 19, 2015 filed July 27, 2015 John S. Rhee appearing for Plaintiff Broadband iTV, Inc. (Attachments: #1 Declaration of John Rhee, #2 [Proposed] Order Granting Plaintiff's Ex Parte Motion to Seal Exhibits "1" and "2", #3 Certificate of Service)(Rhee, John)
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Filing 470
MOTION for Summary Judgment of Non-Infringement Randall Y. Yamamoto appearing for Defendant Hawaiian Telcom, Inc. (Attachments: #1 Memorandum in Support of Motion, #2 Certificate of Word Count, #3 Certificate of Service)(Yamamoto, Randall)
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Filing 469
EX PARTE Motion for Leave to File Under Seal Hawaiian Telcom's Memorandum in Support of Motion for Summary Judgment of Non-Infringement, Concise Statement of Facts in Support Thereof, Exhibits 1-4, 7-11, and 13 to the Declaration of Sasha Rao Randall Y. Yamamoto appearing for Defendant Hawaiian Telcom, Inc. (Attachments: #1 Declaration of Alexandra V. Drury, #2 [Proposed] Order Granting Defendant Hawaiian Telcom, Inc.'s Ex Parte Motion for Leave to File Under Seal Hawaiian Telcom's Memorandum in Support of Motion for Summary Judgment of Non-Infringement, Concise Statement of Facts in Support Thereof, Exhibits 1-4, 7-11, and 13 to the Declaration of Sasha Rao, #3 Certificate of Service)(Yamamoto, Randall)
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Filing 468
Emergency MOTION re #467 Ex Parte MOTION to Shorten Time to hear Motion Emergency Motion to Forbid Untimely and Improper Deposition Plaintiff's Emergency Motion to Forbid Untimely and Improper Deposition John S. Rhee appearing for Plaintiff Broadband iTV, Inc. (Attachments: #1 Memorandum in Support of Motion, #2 Certificate of Compliance Pursuant to LR37.1(b), #3 Declaration of Fred Tecce, #4 Declaration of John Rhee, #5 Exhibit 1 Deposition Notice of W. Riddle, #6 Exhibit 2 Deposition Notice of G. Yamashita & E. Tom, #7 Exhibit 3 30b6 Deposition Notice, #8 Exhibit 4 Deposition Notice of C. Kagawa, #9 Exhibit 5 Deposition Notice of N. Nestel, #10 Exhibit 6 Deposition Notice of A. Monk & B. Sweet, #11 Exhibit 7 Deposition Notice of R. Tillotson, R. Kalbrener, R. Wohler, D. Tumilowicz & B. Senaha, #12 Exhibit 8 Subpoena of Andre Troner LC, #13 Exhibit 9 Subpoena of D. Matlock, #14 Exhibit 10 Deposition Notice of D. Tumilowicz, #15 Exhibit 11 07-23-15 Alston Email, #16 Exhibit 12 07-30-15 Farris Email, #17 Exhibit 13 Proof of Service of W. Riddle, #18 Exhibit 14 07-30-15 Bernstein Email, #19 Exhibit 15 07-30-15 Alston Email, #20 Exhibit 16 08-05-15 Alston Email, #21 Exhibit 17 TWC 3rd Supple Initial Disclosures, #22 Exhibit 18 08-10-15 Eiseman Email, #23 Exhibit 19 07-22-15 Alston Email, #24 Exhibit 20 30b6 Deposition Notice of BBiTV, #25 Certificate of Service)(Rhee, John)
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Filing 467
Ex Parte MOTION to Shorten Time to hear Motion Emergency Motion to Forbid Untimely and Improper Deposition John S. Rhee appearing for Plaintiff Broadband iTV, Inc. (Attachments: #1 Declaration of John Rhee, #2 Certificate of Service)(Rhee, John)
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Filing 466
APPEAL OF MAGISTRATE JUDGE DECISION to District Court by Leighton K. Chong re #407 Order on Motion to Quash,, (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Certificate of Service)(Shannon, Matthew)
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Filing 465
CONCISE STATEMENT of Facts of Undisputed Facts in Support of Hawaiian Telcom's Motion for Summary Judgment of Invalidity Under 35 U.S.C. Section 101 filed by Hawaiian Telcom, Inc.. (Attachments: #1 Declaration of Brandon H. Stroy, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Certificate of Service)(Yamamoto, Randall)
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Filing 464
Ex Parte MOTION for Leave to File Under Seal Defendants Oceanic Time Warner Cable LLC and Time Warner Cable Inc.s Memorandum in Support of Motion for Summary Judgment of Invalidity, Exhibits 2, 3, 16 - 18, 22 and 31 to the Declaration of Nathan L. Brown in Support Thereof Brett R. Tobin appearing for Defendants Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc. (Attachments: #1 Declaration of Counsel, #2 [Proposed] Order Granting Ex Parte Motion for Leave to File Under Seal, #3 Certificate of Service)(Tobin, Brett)
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Filing 463
MOTION for Summary Judgment of Invalidity Under 35 U.S.C. Section 101 Randall Y. Yamamoto appearing for Defendant Hawaiian Telcom, Inc. (Attachments: #1 Memorandum in Support of Motion, #2 Certificate of Word Count, #3 Certificate of Service)(Yamamoto, Randall)
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Filing 462
EO: Pursuant to Local Rule 83.12(b), any party who contends that any information related to #457 EX PARTE MOTION FOR LEAVE TO FILE UNDER SEAL DEFENDANTS TIME WARNER CABLE INC. AND OCEANIC TIME WARNER CABLE LLCS REPLY IN SUPPORT OF ITS MOTION TO STRIKE SUPPLEMENTAL EXPERT REPORT OF CHRISTOPHER J. LEISNER is not entitled to confidential treatment may challenge the designation by no later than seven (7) days after the filing of the motion. (MAGISTRATE JUDGE RICHARD L. PUGLISI)(agh)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 461
Ex Parte MOTION for Leave to File Under Seal Defendants Oceanic Time Warner Cable LLC and Time Warner Cable Inc.'s Memorandum in Support of Motion for Summary Judgment of Non-Infringement, Concise Statement of Facts in Support Thereof, and Exhibits B, E, G, H, K-M, P-S, W-Y to the Declaration of Daniel L. Reisner Brett R. Tobin appearing for Defendants Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc. (Attachments: #1 Declaration of Counsel, #2 [Proposed] Order Granting Ex Parte Motion for Leave to File Under Seal, #3 Certificate of Service)(Tobin, Brett)
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Filing 460
CERTIFICATE OF SERVICE by Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc. (Defendants Time Warner Cable Inc. and Oceanic Time Warner Cable LLC's Notice of Taking Deposition Upon Oral Examination [Deponent: William Riddle]) (Tobin, Brett)
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Filing 459
Joinder to #458 Defendants Oceanic Time Warner Cable, LLC, and Time Warner Cable, Inc.'s Reply in Support of Their Motion to Strike Supplemental Expert Report of Christopher J. Leisner filed by Hawaiian Telcom, Inc.. (Attachments: #1 Declaration of Brandon H. Stroy, #2 Exhibit A, #3 Exhibit B, #4 Certificate of Service)(Yamamoto, Randall) Docket text entry modified on 8/10/2015 to add document number link to correlate to the Reply (doc #458 ) and reference the underlying Motion to Strike: doc no. #329 . (afc).
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Filing 458
REPLY re #329 MOTION to Strike Supplemental Expert Report of Christopher J. Leisner [Redacted] filed by Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc.. (Attachments: #1 Certificate of Service)(Tobin, Brett)
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Filing 457
Ex Parte MOTION for Leave to File Under Seal Defendants Time Warner Cable Inc. and Oceanic Time Warner Cable LLCs Reply in Support of its Motion to Strike Supplemental Expert Report of Christopher J. Leisner Brett R. Tobin appearing for Defendants Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc. (Attachments: #1 Declaration of Counsel [Brett R. Tobin], #2 [Proposed] Order Granting Ex Parte Motion for Leave to Seal, #3 Certificate of Service)(Tobin, Brett)
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Filing 456
CERTIFICATE OF SERVICE by Broadband iTV, Inc. Plaintiff Broadband iTV, Inc.'s Supplemental Objections and Answers to Defendants Oceanic Time Warner Cable LLC and Time Warner Cable Inc.'s Third Request for Answers to Interrogatories (Rhee, John)
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Filing 455
NOTICE of Appearance by Harvey J. Lung on behalf of Leighton K. Chong on behalf of Leighton K. Chong. (Lung, Harvey)
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Filing 454
MOTION for Joinder re #434 MOTION to Preclude Expert Testimony of Milton Diaz Perez Randall Y. Yamamoto appearing for Defendant Hawaiian Telcom, Inc. (Attachments: #1 Certificate of Service)(Yamamoto, Randall)
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Filing 453
CERTIFICATE OF SERVICE by Broadband iTV, Inc. Plaintiff Broadband iTV, Inc.'s Amended Rule 26(A)(2)(C) Disclosure (Rhee, John)
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Filing 452
Errata re #442 MOTION for Clawback of Privilege Documents Errata to Plaintiff's Motion for Clawback of Privileged Documents; Exhibit A; Certificate of Service. (Attachments: #1 Exhibit A_Errata to Pltf's Mtn for Clawback of Privileged Docs, #2 Certificate of Service)(Rhee, John)
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Filing 451
Errata re #441 MOTION to Strike Untimely Disclosure of Witnesses . (Attachments: #1 Exhibit C, #2 Certificate of Service)(Rhee, John)
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Filing 450
EO: Ripe deadline re: #439 MOTION to Strike #438 Portions of Expert Reports of Branko Gerovac, #435 MOTION to Strike Portions of Expert Reports of Anthony Wechselberger, #441 MOTION to Strike Untimely Disclosure of Witnesses, #437 MOTION to Strike Portions of Supplemental Expert Report of Jesse David, #434 MOTION to Preclude Expert Testimony of Milton Diaz Perez is set for 9/8/2015. (MAGISTRATE JUDGE RICHARD L. PUGLISI)(agh)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 449
EO: Pursuant to Local Rule 7.2(d), the Court elects to decide #441 Plaintiff's Motion to Strike Untimely Disclosure of Witnesses without a hearing. Briefing shall be in accordance with Local Rule 7.4. (MAGISTRATE JUDGE RICHARD L. PUGLISI)(agh)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 448
EO: Pursuant to Local Rule 7.2(d), the Court elects to decide #439 Plaintiff's Motion to Strike Portions of Expert Reports of Branko Gerovac without a hearing. Briefing shall be in accordance with Local Rule 7.4. (MAGISTRATE JUDGE RICHARD L. PUGLISI)(agh )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 447
EO: Pursuant to Local Rule 7.2(d), the Court elects to decide #437 Plaintiff's Motion to Strike Portions of Supplemental Expert Report of Jesse David without a hearing. Briefing shall be in accordance with Local Rule 7.4.(MAGISTRATE JUDGE RICHARD L. PUGLISI)(agh)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 446
EO: Pursuant to Local Rule 7.2(d), the Court elects to decide #435 Plaintiff's Motion to Strike Portions of Expert Reports of Anthony Wechselberger without a hearing. Briefing shall be in accordance with Local Rule 7.4. (MAGISTRATE JUDGE RICHARD L. PUGLISI)(agh)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 445
EO: Pursuant to Local Rule 7.2(d), the Court elects to decide #434 Defendants Time Warner Cable Inc. and Oceanic Time Warner Cable LLC's Motion to Preclude Expert Testimony from Milton Diaz Perez without a hearing. Briefing shall be in accordance with Local Rule 7.4. (MAGISTRATE JUDGE RICHARD L. PUGLISI)(agh)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 444
EO: Pursuant to Local Rule 7.2(d), the Court elects to decide #442 Plaintiff's Motion for Clawback of Privileged Documents without a hearing. As stated in ECF No. 415 , any opposition to the motion shall be filed no later than 8/12/15; Plaintiff's reply shall be filed no later than 8/14/15. (MAGISTRATE JUDGE RICHARD L. PUGLISI)(agh).CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 443
EO: Pursuant to Local Rule 83.12(b), any party who contends that any information related to #433 Ex Parte Motion for Leave to File under Seal Exhibits 7-9 to The Declaration of Deepa Acharya in Support of Defendants Time Warner Cable Inc. and Oceanic Time Warner Cable LLC's Motion to Preclude Expert Testimony from Milton Diaz Perez, #436 Plaintiff's Ex Parte Motion to Seal Exhibits "A" and "C" to Plaintiff's Motion to Strike Portions of Supplemental Expert Report of Jesse David, #438 Plaintiff's Ex Parte Motion to Seal Exhibits "B", "C" and "F" to Plaintiff's Motion to Strike Portions of Expert Reports of Branko Gerovac, or #440 Plaintiff's Ex Parte Motion to Seal Exhibits "1" and "2" to Plaintiff's Motion for Claim of Privilege is not entitled to confidential treatment may challenge the designation by no later than seven (7) days after the filing of the motions. (MAGISTRATE JUDGE RICHARD L. PUGLISI)(agh)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 442
MOTION for Clawback of Privilege Documents John S. Rhee appearing for Plaintiff Broadband iTV, Inc. (Attachments: #1 Memorandum in Support, #2 Declaration of Art Monk, #3 Declaration of William Sweet, #4 Declaration of John Rhee, #5 Exhibit 1 - Filed Under Seal, #6 Exhibit 2 - Filed Under Seal, #7 Exhibit 3 - Monk Depo Transcript, #8 Exhibit 4 - Amended Clawback Log, #9 Certificate of Service)(Rhee, John) Modified on 8/7/2015 to note: ERRATA to Motion e-filed 8/6/2015. Please refer to docket entry no. #452 . (afc).
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Filing 441
MOTION to Strike Untimely Disclosure of Witnesses John S. Rhee appearing for Plaintiff Broadband iTV, Inc. (Attachments: #1 Memorandum in Support of Motion, #2 Declaration of John Rhee, #3 Exhibit "A" - HTI Fourth Supplemental Disclosure dated July 31, 2015, #4 Exhibit "B" - Third Supplemental Disclosure dated July 30, 2015, #5 Exhibit "C" - HTI Second Supplemental Disclosures dated July 23, 2015, #6 Exhibit "D" - TWC Third Supplemental Disclosures, #7 Exhibit "E" - TWC Fourth Supplemental Disclosures, #8 Exhibit "F" - TWC Fifth Supplemental Disclosure, #9 Certificate of Service)(Rhee, John) Modified on 8/7/2015 to note: ERRATA re: EXHIBIT "C" e-filed 8/6/2015. Please refer to docket entry no. #451 . (afc).
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Filing 440
MOTION to Seal Document Plaintiff's Ex Parte Motion to Seal Exhibits "1" and "2" to Plaintiff's Motion for Claim of Privilege John S. Rhee appearing for Plaintiff Broadband iTV, Inc. (Attachments: #1 Declaration of John Rhee, #2 [Proposed] Order Granting Plaintiff's Ex Parte Motion to Seal, #3 Certificate of Service)(Rhee, John)
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Filing 439
MOTION to Strike #438 MOTION to Seal Document Plaintiff's Ex Parte Motion to Seal Exhibits "B", "C" and "F" to Plaintiff's Motion to Strike Portions of Expert Reports of Branko Gerovac Plaintiff's Motion to Strike Portions of Expert Reports of Branko Gerovac John S. Rhee appearing for Plaintiff Broadband iTV, Inc. (Attachments: #1 Memorandum of Law in Support of Motion, #2 Declaration of John Rhee, #3 Exhibit "A" - Defendants' Joint Prelim Invalidity Contentions, #4 Exhibit "B" - Filed Under Seal, #5 Exhibit "C" - Filed Under Seal, #6 Exhibit "D" - July 16, 2015 Email from N. Brown, #7 Exhibit "E" - 2nd Supplemental Expert Rpt of B. Gerovac, #8 Exhibit "F" - Filed Under Seal, #9 Exhibit "G" - First July 8, 2015 Email from N. Brown, #10 Exhibit "H" - Second July 8, 2015 Email from N. Brown, #11 Exhibit "I" - Third July 8, 2015 Email from N. Brown, #12 Certificate of Service)(Rhee, John) Docket text appearance modified on 8/6/2015 to emphasize title of document. (afc).
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Filing 438
MOTION to Seal Document Plaintiff's Ex Parte Motion to Seal Exhibits "B", "C" and "F" to Plaintiff's Motion to Strike Portions of Expert Reports of Branko Gerovac John S. Rhee appearing for Plaintiff Broadband iTV, Inc. (Attachments: #1 Declaration of John Rhee, #2 [Proposed] Order Granting Plaintiff's Ex Parte Motion to Seal, #3 Certificate of Service)(Rhee, John)
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Filing 437
MOTION to Seal Document #436 MOTION to Seal Document Exhibits "A" and "C" to Plaintiff's Motion to Strike Portions of Supplemental Expert Report of Jesse David John S. Rhee appearing for Plaintiff Broadband iTV, Inc. (Attachments: #1 Memorandum of Law in Support of Motion, #2 Declaration of John Rhee, #3 Exhibit "A" - Filed Under Seal, #4 Exhibit "B" - BBiTV's Disclosure of Asserted Claims/Infringement re HTI, #5 Exhibit "C" - Filed Under Seal, #6 Certificate of Service)(Rhee, John) Docket text appearance modified on 8/6/2015 to emphasize title of document. (afc).
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Filing 436
MOTION to Seal Document Exhibits "A" and "C" to Plaintiff's Motion to Strike Portions of Supplemental Expert Report of Jesse David John S. Rhee appearing for Plaintiff Broadband iTV, Inc. (Attachments: #1 Declaration of John Rhee, #2 [Proposed] Order Granting Plaintiff's Ex Parte Motion, #3 Certificate of Service)(Rhee, John)
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Filing 435
MOTION to Strike Portions of Expert Reports of Anthony Wechselberger John S. Rhee appearing for Plaintiff Broadband iTV, Inc. (Attachments: #1 Memorandum of Law in Support of Motion, #2 Declaration of John Rhee, #3 Exhibit "A" - Defendants Joint Prelim Invalidity Contentions, #4 Exhibit "B" - Wechselberger Expert Report, #5 Exhibit "C" - Wechselberger Reply Report, #6 Certificate of Service)(Rhee, John)
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Filing 434
MOTION to Preclude Expert Testimony of Milton Diaz Perez Brett R. Tobin appearing for Defendants Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc. (Attachments: #1 Memorandum, #2 Declaration of Deepra Acharya, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9, #12 Certificate of Compliance, #13 Certificate of Service)(Tobin, Brett)
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Filing 433
Ex Parte MOTION Leave to File Under Seal Exhibits 7-9 to Declaration of Deepa Acharya in Support of TWC Motion to Preclude MDP Testimony Brett R. Tobin appearing for Defendants Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc. (Attachments: #1 Declaration of Counsel [Brett R. Tobin], #2 [Proposed] Order Granting EXPM for Leave to File Under Seal, #3 Certificate of Service)(Tobin, Brett)
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Filing 432
EO: The Court has received a flurry of correspondence from the parties between late Friday, 7/31/2015 and Monday, 8/3/2015, raising issues regarding the 8/5/2015 deadline for non-dispositive motions and the number of summary judgment motions to be permitted pursuant to the Court's 8/10/2015 dispositive motions deadline. It is the practice of the Court not to require Daubert motions to be filed by the non-dispositive motions deadline. By letter dated 8/3/2015, Plaintiff's counsel suggested the following deadlines for Daubert motions and all other motions in limine: (1) Filing the same by 9/11/2015;(2) Filing response memoranda by 9/28/2015; and (3) Filing reply memoranda by 10/5/2015. However, notwithstanding their other correspondence, none of the Defendants has addressed Plaintiffs aforesaid proposed schedule. Any objections to the proposed schedule must be filed by Tuesday, 8/11/2015. * No data for format specified. Plaintiff also requests that the number of Daubert motions should be limited to one per expert witness. The Court finds this requirement appropriate and ADOPTS the same. The Court understands that, as noted in a letter from TWC's counsel dated 7/31/2015, TWC will be filing a motion forthwith to preclude Milton Diaz Perez from testifying on certain topics stated in said letter, or in the alternative, to depose him. Plaintiff, in a letter dated 7/31/2015, also requests that the Court permit "each of the two groups of Defendants" to file only a single motion for summary judgment. HTI, in a letter dated 8/3/2015, submitted that "the Court should deny Plaintiff's attempt to limit HTI to one summary judgment motion in this case." ECF No. 431 at 2. The Court finds that, in the interests of judicial economy and pursuant to Federal Rules of Civil Procedure 1 and 16, each party may file one motion for summary judgment regarding patent validity. Additionally, TWC and HTI may each file one motion for summary judgment regarding patent infringement. Plaintiff may also file one motion for summary judgment regarding patent infringement with respect to each of TWC and HTI. See T.B. ex rel. Brenneise v. San Diego Unified Sch. Dist., No. 08-cv-28-MMA (Wmc), 2011 WL 4945289 * 2 (S.D. Cal. 10/18/2011) (each side permitted to file one motion for summary judgment on administrative issues and one motion for summary judgment on federal statutory claims, in order to "focus the progression of [the] action" and "ensure an efficient resolution"); see also, e.g., Tumanyan v. McComber, No. 2:14-cv-2411 CKD, 2014 WL 7274805 * 3-4 (E.D. Cal. 12/18/2014) (limiting plaintiff to one dispositive motion to limit burden on the court and ensure proper prosecution of the action); Bober v. Emmons, No. CV11-01232-PHX-DGC, 2012 WL 2299444 (D. Ariz. 6/18/2012) (each party limited to one dispositive motion). The Court notes that the TWC and HTI Defendants evidently are "relying on different sets of prior art for invalidity [and] have different non-infringement positions based on the different accused instrumentalities," that "HTI's accused products are different from the TWC [Defendants] accused products," and that "Defendants do not share any expert witnesses in this case." See ECF No. 431 at 1-2. Accordingly, the Court will review the summary judgment motions filed by the parties and determine in what order to proceed with the dispositive motions hearings and trials related to the TWC and HTI Defendants. *The Court observes that Plaintiff's 8/3/2015 letter also references a " 12/1/2015, trial date for the case against Hawaiian Telcom. The Courts 4/8/2015, Scheduling Order provides for a jury trial on 12/1/2015, but it does not specify to which Defendant this trial date will apply. ECF No. 155 at 3. * IT IS SO ORDERED. (JUDGE ALAN C KAY)(lls, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 431
LETTER dated August 3, 2015 addressed to Judge Alan C. Kay from Randall Y. Yamamoto, Esq. on behalf of Hawaiian Telcom. Letter opposing #425 Plaintiff's July 31, 2015 letter request to Judge Kay re: filing of Summary Judgment motion(s). (afc)
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Filing 430
LETTER dated August 3, 2015 addressed to Judge Alan C. Kay and U.S. Magistrate Judge Richard L. Puglisi from Paul Alston Esq. and John Rhee, Esq., on behalf Broadband iTV. Letter re: pretrial schedule for Daubert motions. re: #429 , #57 , #155 . (afc)
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Filing 429
LETTER dated July 31, 2015 addressed to U.S. Magistrate Judge Richard L. Puglisi from Brett A. Tobin, Esq. and Lisa Woods Munger, Esq., on behalf of defendants Oceanic Time Warner Cable, LLC and Time Warner Cable Inc. Letter seeking clarification of August 5, 2015 deadline for non-dispositive motions in the Scheduling Order. (afc) (Additional attachment added on 8/3/2015: #1 Letter with FAX Transmittal Sheet addressed to U.S. Magistrate Judge Richard L. Puglisi appended) (afc).
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Filing 428
Return of Service on Subpoena William Riddle was served on July 30, 2015 (Tobin, Brett)
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Filing 427
CERTIFICATE OF SERVICE by Time Warner Cable, Inc. (Re Time Warner Cable's Third Supplemental Objections and Responses to Plaintiff's Amended First Set of Interrogatories (Nos. 1-9)) (Munger, Lisa)
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Filing 426
ORDER GRANTING DEFENDANTS OCEANIC TIME WARNER CABLE LLC AND TIME WARNER CABLE INC.'S MOTION TO COMPEL PLAINTIFF TO ANSWER INTERROGATORY NOS. 10-16 re: #334 . Signed by MAGISTRATE JUDGE RICHARD L. PUGLISI on 7/31/2015. (afc)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). All participants are registered to receive electronic notifications.
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Filing 425
LETTER dated July 31, 2015 from Paul Alston, Esq. addressed to Judge Alan C. Kay. Letter in regards to the filing of summary judgment motions. (afc)
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Filing 424
CERTIFICATE OF SERVICE by Hawaiian Telcom, Inc. re: Defendant Hawaiian Telcom, Inc.'s Objections to Plaintiff Broadband iTV, Inc.'s Subpoenas and Document Requests to Anthony Wechselberger, Tim Aron, and Dr. Jesse David (Yamamoto, Randall)
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Filing 423
CERTIFICATE OF SERVICE by Hawaiian Telcom, Inc. re: Defendant Hawaiian Telcom, Inc.'s Third Amended Responses to Plaintiff's First Set of Interrogatories (5, 6, and 8) (Yamamoto, Randall)
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Filing 422
CERTIFICATE OF SERVICE by Hawaiian Telcom, Inc. re: Defendant Hawaiian Telcom, Inc.'s Fourth Supplemental Fed.R.Civ.P. 26(a)(1)(A) Initial Disclosures (Yamamoto, Randall)
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Filing 421
CERTIFICATE OF SERVICE by Broadband iTV, Inc. Plaintiff Broadband iTV, Inc.'s Objections and Responses to Defendants Oceanic Time Warner Cable, LLC and Time Warner Cable, Inc.'s Request for Admission to Plaintiff Broadband iTV, Inc. (Rhee, John)
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Filing 420
CERTIFICATE OF SERVICE by Broadband iTV, Inc. Plaintiff Broadband iTV, Inc.'s Objections and Responses to Defendant Hawaiian Telcom, Inc.'s First Requests for Admission to Plaintiff Broadband iTV, Inc. (Rhee, John)
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Filing 419
EO: The Court has reviewed #393 Plaintiff's Ex Parte Motion to Seal Plaintiff's Omnibus Opposition to Defendants' Oceanic Time Warner Cable and Time Warner Cable, Inc.'s Motion to Strike. Plaintiff seeks to file under seal its Opposition memorandum, two Declarations of Christopher J. Leisner submitted with its Opposition, and Exhibits B, C, D, E, G, I, J, K, L, and M to its Opposition.The Court GRANTS Plaintiff's Motion to Seal as to its Opposition memorandum. Plaintiff shall submit a new unredacted copy its Opposition memorandum in a separate envelope to the Clerk's Office. Upon receipt, the Clerk's Office is directed to place Plaintiff's Opposition memorandum under seal. The redacted copy of Plaintiff's Opposition memorandum, filed by Plaintiff on 7/23/15, ECF No. #394 , shall remain open for public inspection.The Court DENIES Plaintiff's Motion to Seal as to the Declarations of Christopher J. Leisner, which, based on the Court's review, do not contain any confidential business information. Mr. Leisner generally references discovery responses and public Form 10-K filings. Plaintiff has failed to demonstrate good cause to seal Mr. Leisner's two declarations. Plaintiff shall file a notice of withdrawal of these declarations or shall file these two declarations on the public docket no later than 8/5/15. The Court DENIES Plaintiff's Motion to Seal as to Exhibit B, which is a copy of Time Warner Cable's Objections and Responses to Plaintiff's Amended First Set of Interrogatories (1-9). These Objections and Responses contain standard objections to the scope of the requests and standard responses that reference documents produced in discovery. Although the Objections and Responses were marked "Outside Counsel Eyes Only," based on the Court's review, this document does not contain any confidential financial or proprietary information to justify its filing under seal. Plaintiff shall file a notice of withdrawal of Exhibit B or shall file Exhibit B on the public docket no later than 8/5/15. The Court DENIES Plaintiff's Motion to Seal as to Exhibit I, which is a copy of Hawaiian Telcom Inc.'s First Supplemental Responses to Plaintiff's Interrogatory Nos. 4-6. These Responses contain standard objections to the scope of the requests and standard responses that reference documents produced in discovery. Although the Responses were marked "Outside Counsel Eyes Only," based on the Court's review, this document does not contain any confidential financial or proprietary information to justify its filing under seal. Plaintiff shall file a notice of withdrawal of Exhibit I or shall file Exhibit I on the public docket no later than 8/5/15. The Court DENIES Plaintiff's Motion to Seal as to Exhibit M, which is the cover pages and one page of testimony from the deposition of Gregory Leonard, wherein he discusses when he received a copy of an expert report. Based on the Court's review, this document does not contain any confidential financial or proprietary information to justify its filing under seal. Plaintiff shall file a notice of withdrawal of Exhibit M or shall file Exhibit M on the public docket no later than 8/5/15. The Court GRANTS Plaintiff's Motion to Seal as to Exhibits C, D, E, G, J, K, and L which are reports prepared by the parties' experts in this action. Although the Court will allow these reports to be filed in their entirety under seal for purposes of this discovery motion, the parties are cautioned that such wholesale sealing is generally discouraged. Plaintiff is directed to submit new copies of Exhibits C, D, E, G, J, and K, with each document in a separate envelope, to the Clerk's Office. Upon receipt, the Clerk's Office is directed to place Exhibits C, D, E, G, J, K, and L under seal.IT IS SO ORDERED. (MAGISTRATE JUDGE RICHARD L. PUGLISI)(agh)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 418
Return of Service on Subpoena Paul Alston was served on July 29, 2015 July 28, 2015 (Yamamoto, Randall) Modified on 7/31/2015; NEF REGENERATED. (afc).
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Filing 417
CERTIFICATE OF SERVICE by Hawaiian Telcom, Inc. re: Defendant Hawaiian Telcom, Inc.'s Third Supplemental Fed.R.Civ.P. 26(a)(1)(A) Initial Disclosures (Yamamoto, Randall)
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Filing 416
CERTIFICATE OF SERVICE by Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc. (Re: Defendants Time Warner Cable Inc. and Oceanic Time Warner Cable LLC's Notice of Subpoena [William Riddle]) (Tobin, Brett)
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Filing 415
EO: The Court GRANTS #411 Defendants Oceanic Time Warner Cable LLC and Time Warner Cable, Inc.'s Ex Parte Motion for Emergency Relief. The applicable provision of the Stipulation and Protective Order applies only to documents produced by a "party." See ECF No. 157 at 30. The documents at issue here were produced by non-parties. Defendants are not required to comply with Plaintiff's claw back demand. Plaintiff should consider its claim of privilege as to the documents at issue in light of the Court's Order Granting in Part and Denying in Part Non-Party Leighton K. Chong's Motion to Quash Subpoena Dated May 19, 2015, issued on 7/27/15, and, if plaintiff wishes to proceed, shall file a motion no later than 8/5/15 containing sufficient information for the court to determine whether the claim of privilege or work product applies. Defendants' opposition to the motion shall be filed no later than 8/12/15; Plaintiff's reply shall be filed no later than 8/14/15. (MAGISTRATE JUDGE RICHARD L. PUGLISI)(agh)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 414
CERTIFICATE OF SERVICE by Broadband iTV, Inc. Regarding (1) Plaintiff BBiTV's Supplemental Answers to Defendant Hawaiian Telcom's Interrogatory No. 18 and BBiTV's Rule 26(A)(2)(C) Disclosure (Alston, Paul)
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Filing 413
SEALED DOCUMENT: Defendants Time Warner Cable Inc. and Oceanic Time Warner Cable LLC'S Submission of EXHIBIT A to #377 -1 the Declaration of Daniel L. Reisner in Support of #376 Ex Parte MOTION for Leave to file its Sur-Reply Memorandum in Opposition to Motion of Leighton K. Chong for Protective Order [Minute Order granting leave to file Exhibit A under seal: docket entry no. (410). REDACTED copy of Exhibit A: ECF no. #377 -2 (afc)
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Filing 412
REPLY re #334 MOTION to Compel Plaintiff to Answer Interrogatory Nos. 10-16 filed by Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc.. (Attachments: #1 Declaration of Daniel L. Reisner, #2 Exhibit 7 - Email Chain, #3 Certificate of Service)(Tobin, Brett)
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Filing 411
Ex Parte MOTION for Emergency Relief Brett R. Tobin appearing for Defendants Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc. (Attachments: #1 Declaration of Abigail Langsam, #2 Exhibit A - 7-24-15 Email from Patrocinio to All Counsel Enclosing Rhee Letter and Privilege Logs, #3 Exhibit B - 7-20-15 Email from Simmons to Reisner et al re Claw Back of BBiTV Privilege Docs, #4 Exhibit C - 7-27-15 Email from Langsam to Rhee Enclosing Letter re BBiTV Claw Back of Privilege Docs, #5 Exhibit D - 6-3-15 BBiTV Supplemental Response to TWC 1st Request for ATIs (1-8), #6 Exhibit E - 7-24-15 BBiTV Amended Supplemental Response to Rogg 4, #7 [Proposed] Order Granting Ex Parte Motion, #8 Certificate of Service)(Tobin, Brett)
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Filing 410
EO: The Court has reviewed #376 Ex Parte Motion for Leave To File Under Seal Exhibit A to Declaration of Daniel L. Reisner in Support of Ex Parte Motion for Leave to File Defendants Oceanic Time Warner Cable LLC and Time Warner Cable Inc.s Sur-reply Memorandum in Opposition to Motion of Leighton K. Chong for Protective Order and finds good cause to seal Exhibit A to Declaration of Daniel L. Reisner. The Clerk's Office is directed to place Exhibit A to Declaration of Daniel L. Reisner under seal. The redacted copy of Exhibit A, ECF No. 377-2, shall remain open for public inspection. (MAGISTRATE JUDGE RICHARD L. PUGLISI)(agh)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 409
CERTIFICATE OF SERVICE by Hawaiian Telcom, Inc. re: Defendant Hawaiian Telcom, Inc.'s Notice of Deposition of Paul Alston (Yamamoto, Randall)
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Filing 408
CERTIFICATE OF SERVICE by Hawaiian Telcom, Inc. re: Supplemental Expert Report of Jesse David, Ph.D. (Yamamoto, Randall)
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Filing 407
ORDER GRANTING IN PART AND DENYING IN PART NON-PARTY LEIGHTON K. CHONG'S MOTION TO QUASH SUBPOENA DATED MAY 19, 2015 re: #292 . Signed by MAGISTRATE JUDGE RICHARD L. PUGLISI on 7/27/2015. (afc)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 406
CERTIFICATE OF SERVICE by Broadband iTV, Inc. Plaintiff Broadband iTV, Inc.'s Objections to Defendants Time Warner Cable Inc. and Oceanic Time Warner Cable LLC's First Amended Notice of Taking Deposition Upon Oral Examination Pursuant to Rule 30(b)(6) of the Federal Rules of Civil Procedure (Rhee, John)
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Filing 405
CERTIFICATE OF SERVICE by Broadband iTV, Inc. Plaintiff Broadband iTV, Inc.'s Objections to Defendant Hawaiian Telcom Inc.'s Notice of Deposition Pursuant to Federal Rules of Civil Procedure Rule 30(b)(6) (Rhee, John)
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Filing 404
Errata re #403 Memorandum in Opposition to Motion,,, to Compel Email Discovery. (Attachments: #1 Exhibit 1 - Declaration of Daniel Boglioli, #2 Certificate of Service)(Munger, Lisa)
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Filing 403
MEMORANDUM in Opposition re #325 MOTION to Compel Production of Email Discovery filed by Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc.. (Attachments: #1 Declaration of Daniel L. Reisner, #2 Exhibit 1 - TWC O&R to BBiTV 2nd Request for PODs (48-54), #3 Exhibit 2 - TWC O&R to BBiTV 3rd Request for PODs (55-59), #4 Exhibit 3 - E-Discovery Model Order, #5 Exhibit 4 - BBiTV Response to TWC 1st Set of RAIs (1-8), #6 Exhibit 5 - 7-16-15 Depo Transcript of M. LaJoie, #7 Exhibit 6 - Defs JT Preliminary Invalidity Contentions, #8 Declaration of Abigail Langsam, #9 Exhibit A - 5-27-15 Ltr from Simmons to Langsam re BBiTV Document Production Deficiencies, #10 Declaration of Daniel Boglioli [Unsigned; please refer to docket entry no. #404 for the signed declaration of Mr. Boglioli], #11 Certificate of Service)(Munger, Lisa) Docket text modified on 7/27/2015 (afc).
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Filing 402
MEMORANDUM in Opposition re #334 MOTION to Compel Plaintiff to Answer Interrogatory Nos. 10-16 filed by Broadband iTV, Inc.. (Attachments: #1 Declaration of John Rhee, #2 Exhibit A - 08-10-15 Email, #3 Exhibit B - Chart, #4 Certificate of Service)(Rhee, John)
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Filing 401
SEALED DOCUMENT:Non-party LEIGHTON K. CHONG's Reply in Support of #292 MOTION to Quash Subpoena dated May 19, 2015. (Attachments: #1 Declaration of Leighton K. Chong, #2 Certificate of Service)[Minute Order granting leave to file Exhibit A under seal: docket entry no. (395)] (afc)
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Filing 400
CERTIFICATE OF SERVICE by Broadband iTV, Inc. Plaintiff's Amended Supplemental Response to Interrogatory No. 4 to Defendants Oceanic Time Warner Cable, LLC and Time Warner Cable, Inc.'s First Request for Answer to Interrogatories to Plaintiff (Rhee, John)
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Filing 399
CERTIFICATE OF SERVICE by Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc. (Defendants Time Warner Cable Inc. and Oceanic Time Warner Cable LLC's First Amended Notice of Taking Deposition Upon Oral Examination [David Tumilowicz]) (Munger, Lisa)
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Filing 398
Errata re #392 Response to Motion to Quash Subpoena Dated May 19, 2015 #292 . (Shannon, Matthew)
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Filing 397
Additional Exhibits to #325 MOTION to Compel Production of Email Discovery Plaintiff's Submission of Exhibit "C" to [DKT 325] Motion to Compel Production of Email Discovery Filed on July, 8, 2015; Exhibit C; Certificate of Service filed by Broadband iTV, Inc.. (Attachments: #1 Exhibit Ex C_TWC Obj and Resp to Pltf Amended 1st RPOD Nos. 1-47, #2 Certificate of Service)(Rhee, John)
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Filing 396
EO: Pursuant to Local Rule 83.12(b), any party who contends that any information related to #393 Plaintiff's Ex Parte Motion To Seal Plaintiff's Omnibus Opposition to Defendants Oceanic Time Warner Cable and Time Warner Cable, Inc.'s #329 Motion to Strike Supplemental Expert Report of Christopher J. Leisner and #332 Defendant Hawaiian Telcom, Inc.'s Joinder to #329 ; Declarations of Christopher J. Leisner; and Exhibits B, C, D, E, G, I, J, K, L & M to Plaintiff's Omnibus Opposition is not entitled to confidential treatment may challenge the designation by no later than seven (7) days after the filing of the motion. (MAGISTRATE JUDGE RICHARD L. PUGLISI)(agh)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 395
EO: The Court has reviewed #369 Ex Parte Motion for Leave to File Under Seal Non-Party Leighton K. Chong's Reply Memorandum in Support of Leighton K. Chong's Motion to Quash Subpoena and finds good cause to seal Non-Party Leighton K. Chong's Reply Memorandum. The Clerk's Office is directed to place Non-Party Leighton K. Chong's Reply Memorandum in Support of Leighton K. Chong's Motion to Quash Subpoena under seal. A copy of Non-Party Leighton K. Chong's Reply Memorandum in Support of Leighton K. Chong's Motion to Quash Subpoena with the confidential information redacted has already been filed on the public docket. See ECF No. #370 . (MAGISTRATE JUDGE RICHARD L. PUGLISI) (agh)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 394
MEMORANDUM in Opposition re #329 MOTION to Strike Supplemental Expert Report of Christopher J. Leisner [REDACTED} filed by Broadband iTV, Inc.. (Attachments: #1 Declaration of Christopher J. Leisner re HTI, #2 Declaration of Christopher J. Leisner re TWC, #3 Declaration John Rhee, #4 Exhibit A - BBiTV's Amended 1st Set of RAIN to TWC, #5 Exhibit B - Filed Under Seal, #6 Exhibit C - Filed Under Seal, #7 Exhibit D - Filed Under SEal, #8 Exhibit E - Filed Under Seal, #9 Exhibit F - HIT Response to BBiTV's 1st Set of RAIN, #10 Exhibit G - Filed Under Seal, #11 Exhibit H - 05-19-15 Email, #12 Exhibit I - Filed Under Seal, #13 Exhibit J - Filed Under Seal, #14 Exhibit K - Filed Under Seal, #15 Exhibit L - Filed Under Seal, #16 Exhibit M - Filed Under Seal, #17 Certificate of Service)(Rhee, John)
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Filing 393
MOTION to Seal Document Plaintiff's Omnibus Opposition to Defendants' Oceanic Time Warner Cable and Time Warner Cable, Inc.'s #329 Motion to Strike John S. Rhee appearing for Plaintiff Broadband iTV, Inc. (Attachments: #1 Declaration of John Rhee, #2 [Proposed] Order Granting Plaintiff's Ex Parte Motion to Seal, #3 Certificate of Service)(Rhee, John)
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Filing 392
RESPONSE re #292 MOTION to Quash Subpoena Dated May 19, 2015 ; Declaration of John Rhee filed by Leighton K. Chong. (Shannon, Matthew) Docket entry modified on 7/30/2015: Page numbered 6 of the Response was inadvertently omitted in filing no. #392 . The page was subsequently included in an ERRATA that was e-filed 7/24/2015 as docket entry no. 398. The Office of the Clerk has appended the page no. 6 to the response and attached the document in its entirety to the instant entry. #1 RESPONSE - Document with the page no. 6 appended (afc).
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Filing 391
CERTIFICATE OF SERVICE by Hawaiian Telcom, Inc. re: Defendant Hawaiian Telcom, Inc.'s Second Supplemental Fed.R.Civ.P. 26(a)(1)(A) Initial Disclosures (Yamamoto, Randall)
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Filing 390
CERTIFICATE OF SERVICE by Hawaiian Telcom, Inc. re: Defendant Hawaiian Telcom, Inc.'s Notice of Deposition Pursuant to Federal Rule of Civil Procedure 30(b)(6) (Yamamoto, Randall)
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Filing 389
CERTIFICATE OF SERVICE by Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc. [re TWC Corrected Fifth Supplemental Rule 26(a) Initial Disclosures] (Munger, Lisa)
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Filing 388
SEALED DOCUMENT: Defendants Time Warner Cable Inc. and Oceanic Time Warner Cable LLC'S Submission of EXHIBIT 9 to the Declaration of David Eiseman in Support of their MOTION to Strike Supplemental Expert Report of Christopher J. Leisner re: #329 . [Minute Order granting leave to file document under seal: docket entry no. (374)] (afc)
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Filing 387
SEALED DOCUMENT: Defendants Time Warner Cable Inc. and Oceanic Time Warner Cable LLC'S Submission of EXHIBIT 8 to the Declaration of David Eiseman in Support of their MOTION to Strike Supplemental Expert Report of Christopher J. Leisner re: #329 . [Minute Order granting leave to file document under seal: docket entry no. (374)] (afc)
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Filing 386
SEALED DOCUMENT: Defendants Time Warner Cable Inc. and Oceanic Time Warner Cable LLC'S Submission of EXHIBIT 7 to the Declaration of David Eiseman in Support of their MOTION to Strike Supplemental Expert Report of Christopher J. Leisner re: #329 . [Minute Order granting leave to file document under seal: docket entry no. (374)] (afc)
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Filing 385
SEALED DOCUMENT: Defendants Time Warner Cable Inc. and Oceanic Time Warner Cable LLC'S Submission of EXHIBIT 3 to the Declaration of David Eiseman in Support of their MOTION to Strike Supplemental Expert Report of Christopher J. Leisner re: #329 . [Minute Order granting leave to file document under seal: docket entry no. (374)] (afc)
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Filing 384
SEALED DOCUMENT: Defendants Time Warner Cable Inc. and Oceanic Time Warner Cable LLC'S Submission of EXHIBIT 2 to the Declaration of David Eiseman in Support of their MOTION to Strike Supplemental Expert Report of Christopher J. Leisner re: #329 . [Minute Order granting leave to file document under seal: docket entry no. (374)] (afc)
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Filing 383
SEALED DOCUMENT: Defendants Time Warner Cable Inc. and Oceanic Time Warner Cable LLC'S Submission of EXHIBIT 1 to the Declaration of David Eiseman in Support of their MOTION to Strike Supplemental Expert Report of Christopher J. Leisner re: #329 . [Minute Order granting leave to file document under seal: docket entry no. (374] (afc)
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Filing 382
SEALED DOCUMENT: Defendants Time Warner Cable Inc. and Oceanic Time Warner Cable LLC'S MEMORANDUM in Support of their MOTION to Strike Supplemental Expert Report of Christopher J. Leisner #329 . [Minute Order granting leave to file document under seal: docket entry no. (374] (afc)
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Filing 381
REPLY re #370 Redacted Document, Defendants Oceanic Time Warner Cable LLC and Time Warner Cable Inc.'s Sur-Reply Memorandum in Opposition to Motion of Leighton K. Chong for Protective Order filed by Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc.. (Attachments: #1 Certificate of Service)(Munger, Lisa)
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Filing 380
EO: Pursuant to Local Rule 83.12(b), any party who contends that any information related to #376 Ex Parte Motion for Leave to File Under Seal Exhibit A to the Declaration of Daniel L. Reisner in Support of Ex Parte Motion for Leave to File Defendants Oceanic Time Warner Cable, LLC and Time Warner Cable Inc.'s Sur-Reply Memorandum in Opposition to Motion of Leighton K. Chong for Protective Order is not entitled to confidential treatment may challenge the designation by no later than seven (7) days after the filing of the motion.(MAGISTRATE JUDGE RICHARD L. PUGLISI)(agh)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 379
EO: The Court GRANTS #377 Ex Parte Motion for Leave to File Defendants Oceanic Time Warner Cable, LLC and Time Warner Cable Inc.'s Sur-Reply Memorandum in Opposition to Motion of Leighton K. Chong for Protective Order. Any response to the sur-reply may be filed no later than 7/23/15. (MAGISTRATE JUDGE RICHARD L. PUGLISI)(agh)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 378
STIPULATION AND ORDER FOR THIRD PARTY DISCOVERY - Signed by MAGISTRATE JUDGE RICHARD L. PUGLISI on 7/20/2015. (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 377
Ex Parte MOTION for Leave to File Defendants Oceanic Time Warner Cable LLC and Time Warner Cable Inc.'s Sur-Reply Memorandum in Opposition to Motion of Leighton K. Chong for a Protective Order Lisa W. Munger appearing for Defendants Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc. (Attachments: #1 Declaration of Daniel L. Reisner, #2 Exhibit A - Redacted Defendants Sur-Reply MIO to Mtn of L. Chong for Protective Order, #3 Proposed Order Granting EXPM, #4 Certificate of Service)(Munger, Lisa)
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Filing 376
Ex Parte MOTION for Leave to File Under Seal Exhibit A to the Declaration of Daniel L. Reisner in Support of Ex Parte Motion for Leave to File Defendants Oceanic Time Warner Cable LLC and Time Warner Cable Inc.s Sur-Reply Memorandum in Opposition to Motion of Leighton K. Chong for Protective Order Lisa W. Munger appearing for Defendants Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc. (Attachments: #1 Declaration of Counsel, #2 Proposed Order Granting EXPM, #3 Certificate of Service)(Munger, Lisa)
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Filing 375
CERTIFICATE OF SERVICE by Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc. (Re: Defendants Time Warner Cable Inc. and Oceanic Time Warner Cable LLC's Fifth Supplemental Rule 26(a) Initial Disclosures) (Munger, Lisa)
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Filing 374
EO: The Court has reviewed #333 Renewed Ex Parte Motion for Leave to File Under Seal Memorandum in Support of #329 Defendants Time Warner Cable Inc. and Oceanic Time Warner Cable LLC's Motion to Strike Supplemental Expert Report of Christopher J. Leisner and Exhibits 1-3 and 7-9 to the Declaration of David Eiseman in Support Thereof and finds good cause to seal Memorandum in Support of #329 Defendants Time Warner Cable Inc. and Oceanic Time Warner Cable LLC's Motion to Strike Supplemental Expert Report of Christopher J. Leisner and Exhibits 1-3 and 7-9 to the Declaration of David Eiseman in Support Thereof. Defendants Oceanic Time Warner Cable LLC and Time Warner Cable Inc. are directed to submit new copies of their Memorandum in Support of #329 Defendants Time Warner Cable Inc. and Oceanic Time Warner Cable LLC's Motion to Strike Supplemental Expert Report of Christopher J. Leisner and Exhibits 1-3 and 7-9 to the Declaration of David Eiseman in Support Thereof to the Clerk's Office, with each document in a separate envelope. Upon receipt, the Clerk's Office is directed to place the Memorandum in Support of #329 Defendants Time Warner Cable Inc. and Oceanic Time Warner Cable LLC's Motion to Strike Supplemental Expert Report of Christopher J. Leisner and Exhibits 1-3 and 7-9 to the Declaration of David Eiseman in Support Thereof under seal. (MAGISTRATE JUDGE RICHARD L. PUGLISI)(agh)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 373
EO: The Court has reviewed #324 Plaintiff's Ex Parte Motion to Seal Exhibit "C" to Motion to Compel Production of Email Discovery #325 and finds that Plaintiff has failed to establish good cause to seal Exhibit C. Exhibit C is a copy of Time Warner Cable's Objections and Responses to Plaintiff's Amended First Set of Requests for Production (Nos. 1-47). These Objections and Responses contain standard objections to the scope of the requests and standard responses, including that responsive documents will be produced. Although the Objections and Responses were marked "Outside Counsel Eyes Only," based on the Court's review, this document does not contain any confidential financial or proprietary information to justify its filing under seal. The Court DENIES #324 Plaintiff's Ex Parte Motion to Seal Exhibit "C" to Motion to Compel Production of Email Discovery. Pursuant to Local Rule 83.12(b), Plaintiff shall file a notice of withdrawal of Exhibit C or shall file Exhibit C on the public docket no later than 7/24/15. (MAGISTRATE JUDGE RICHARD L. PUGLISI)(agh)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 372
ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF'S REQUEST FOR JUDICIAL NOTICE re #256 - Signed by MAGISTRATE JUDGE RICHARD L. PUGLISI on 7/17/2015. (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 371
EO: Pursuant to Local Rule 83.12(b), any party who contends that any information related to #369 Reply Memorandum in Support of Leighton K. Chong's Motion to Quash Subpoena is not entitled to confidential treatment may challenge the designation by no later than seven (7) days after the filing of the motion. (MAGISTRATE JUDGE RICHARD L. PUGLISI)(agh)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 370
REPLY REDACTION to #292 MOTION to Quash Subpoena Dated May 19, 2015 Reply in Support of His Motion to Quash Subpoena Dated 5/19/15 by Leighton K. Chong. (Attachments: #1 Declaration o f Leighton K. Chong, #2 Certificate of Service)(Shannon, Matthew) Docket text modified on 7/21/2015 (afc).
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Filing 369
MOTION to Seal Document Reply Memorandum in Support of Leighton K.Chong's Motion to Quash Subpoena [Dkt. 292] Matthew C. Shannon appearing for Movant Leighton K. Chong (Attachments: #1 Declaration of Matthew C. Shannon, #2 Proposed Order Granting Ex Parte Motion, #3 Certificate of Service)(Shannon, Matthew)
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Filing 368
CERTIFICATE OF SERVICE by Broadband iTV, Inc. Rebuttal Reply of Joel Williams Regarding Oceanic Time Warner Cable, LLC and Time Warner Cable, Inc. (Rhee, John)
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Filing 367
BROADBANDiTV and TIME WARNER CABLE, INC.'S JOINT SECOND STIUPLATION TO EXTEND DEADLINES FOR REPLY EXPERT REPORTS and ORDER. Signed by MAGISTRATE JUDGE RICHARD L. PUGLISI on 7/16/2015. (afc)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 366
STIPULATION AND ORDER FOR THIRD PARTY DISCOVERY. Signed by MAGISTRATE JUDGE RICHARD L. PUGLISI on 7/16/2015. (afc)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 365
CERTIFICATE OF SERVICE by Broadband iTV, Inc. Response to Report of Gregory Leonard, Ph.D. Dated July 1, 2015 by Christopher J. Liesner, CPA, CMC, dated July 16, 2015 (Rhee, John)
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Filing 364
CERTIFICATE OF SERVICE by Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc. [Non-Party Michael LaJoie Responses and Objections to Broadband iTV, Inc.'s Subpoena for Production Under Rule 45 Fed. R. Civ. P. dated July 15, 2015] (Munger, Lisa)
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Filing 363
EO: Pursuant to Local Rule 83.12(b), any party who contends that any information related to #333 Defendants' Ex Parte Motion for Leave to File Under Seal Memorandum in Support of #329 Defendants Time Warner Cable Inc. and Oceanic Time Warner Cable LLC's Motion to Strike Supplemental Expert Report of Christopher J. Leisner and Exhibits 1-3 and 7-9 is not entitled to confidential treatment may challenge the designation by no later than seven (7) days after the filing of the motion. (MAGISTRATE JUDGE RICHARD L. PUGLISI)(agh)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 353
CERTIFICATE OF SERVICE by Broadband iTV, Inc. Plaintiff Broadband iTV, Inc.'s Notice of Taking Deposition Upon Oral Examination (Michael Adams, Branko Gerovac, Dr. Gregory K. Leonard, Timothy B. Aron, Jesse David, Ph.D. and Anthony J. Wechselberger) (Rhee, John)
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Filing 352
CERTIFICATE OF SERVICE by Broadband iTV, Inc. Plaintiff Broadband iTV, Inc.'s First Amended Notice of Taking Deposition Upon Oral Examination (Michael LaJoie) (Rhee, John)
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Filing 362
SEALED EXHIBIT "18": Defendants Oceanic Time Warner Cable LLC and Time Warner Cable, Inc.' s Submission of EXHIBIT 18 to Declaration of Daniel L. Reisner in Support of #350 Defendants' MEMORANDUM IN OPPOSITION to #292 MOTION of Leighton K.Chong to Quash Subpoena. [FILED UNDER SEAL. Reference minute order, docket entry no. (344)] (afc)
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Filing 361
SEALED EXHIBIT "17": Defendants Oceanic Time Warner Cable LLC and Time Warner Cable, Inc.' s Submission of EXHIBIT 17 to Declaration of Daniel L. Reisner in Support of #350 Defendants' MEMORANDUM IN OPPOSITION to #292 MOTION of Leighton K.Chong to Quash Subpoena. [FILED UNDER SEAL. Reference minute order, docket entry no. (344)] (afc)
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Filing 360
SEALED EXHIBIT "16": Defendants Oceanic Time Warner Cable LLC and Time Warner Cable, Inc.' s Submission of EXHIBIT 16 to Declaration of Daniel L. Reisner in Support of #350 Defendants' MEMORANDUM IN OPPOSITION to #292 MOTION of Leighton K.Chong to Quash Subpoena. [FILED UNDER SEAL. Reference minute order, docket entry no. (344)] (afc)
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Filing 359
SEALED EXHIBIT "14": Defendants Oceanic Time Warner Cable LLC and Time Warner Cable, Inc.' s Submission of EXHIBIT 14 to Declaration of Daniel L. Reisner in Support of #350 Defendants' MEMORANDUM IN OPPOSITION to #292 MOTION of Leighton K.Chong to Quash Subpoena. [FILED UNDER SEAL. Reference minute order, docket entry no. (344)] (afc)
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Filing 358
SEALED EXHIBIT "13": Defendants Oceanic Time Warner Cable LLC and Time Warner Cable, Inc.' s Submission of EXHIBIT 13 to Declaration of Daniel L. Reisner in Support of #350 Defendants' MEMORANDUM IN OPPOSITION to #292 MOTION of Leighton K.Chong to Quash Subpoena. [FILED UNDER SEAL. Reference minute order, docket entry no. (344)] (afc)
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Filing 357
SEALED EXHIBIT "12": Defendants Oceanic Time Warner Cable LLC and Time Warner Cable, Inc.'s Submission of EXHIBIT 12 to Declaration of Daniel L. Reisner in Support of #350 Defendants' MEMORANDUM IN OPPOSITION to #292 MOTION of Leighton K.Chong to Quash Subpoena. [FILED UNDER SEAL. Reference minute order, docket entry no. (344)] (afc)
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Filing 356
SEALED EXHIBIT "11": Defendants Oceanic Time Warner Cable LLC and Time Warner Cable, Inc.s Submission of EXHIBIT 11 to Declaration of Daniel L. Reisner in Support of #350 Defendants' MEMORANDUM IN OPPOSITION to #292 MOTION of Leighton K.Chong to Quash Subpoena. [FILED UNDER SEAL. Reference minute order, docket entry no. (344)] (afc)
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Filing 355
SEALED EXHIBIT "4": Defendants Oceanic Time Warner Cable LLC and Time Warner Cable, Inc.s Submission of EXHIBIT 4 to Declaration of Daniel L. Reisner in Support of #350 Defendants' MEMORANDUM IN OPPOSITION to #292 MOTION of Leighton K.Chong to Quash Subpoena. [FILED UNDER SEAL. Reference minute order, docket entry no. (344)] (afc)
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Filing 354
SEALED EXHIBIT "2": Defendants Oceanic Time Warner Cable LLC and Time Warner Cable, Inc.s Submission of EXHIBIT 2 to Declaration of Daniel L. Reisner in Support of #350 Defendants MEMORANDUM IN OPPOSITION to #292 MOTION of Leighton K.Chong to Quash Subpoena. [FILED UNDER SEAL. Reference minute order, docket entry no. (344)] (afc)
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Filing 351
SEALED EXHIBIT "1": Defendants Oceanic Time Warner Cable LLC and Time Warner Cable, Inc.'s Submission of EXHIBIT 1 to Declaration of Daniel L. Reisner in Support of #350 Defendants' MEMORANDUM IN OPPOSITION to #292 MOTION of Leighton K.Chong to Quash Subpoena. [FILED UNDER SEAL. Reference minute order, docket entry no. (344)] (afc)
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Filing 350
SEALED MEMORANDUM IN OPPOSITION TO #292 Motion of Leighton K. Chong to Quash Subpoena - filed by Defendants Oceanic Time Warner Cable LLC and Time Warner Cable, Inc. [FILED UNDER SEAL. Reference minute order, docket entry no. (344)] (afc)
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Filing 348
CERTIFICATE OF SERVICE by Hawaiian Telcom, Inc. re: Reply Expert Report of Anthony J. Wechselberger on the Invalidity of U.S. Patent No. 7,631,336 (Yamamoto, Randall)
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Filing 347
CERTIFICATE OF SERVICE by Broadband iTV, Inc. Response to Report of Jesse David, Ph.D. Dated July 1, 2015 by Christopher J. Liesner, CPA, CMC dated July 14, 2015 and Reply Report of Joel Williams Regarding Hawaiian Telcom, Inc. dated July 14, 2015 (Rhee, John)
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Filing 346
ORDER GRANTING THE APPLICATIONS OF HEATHER ELIZABETH BELVILLE #337 , CHARLES K. VERHOEVEN #338 , DEEPA ACHARYA #339 , AND JOSEPH MILOWIC, III #340 TO APPEAR PRO HAC VICE. Signed by MAGISTRATE JUDGE RICHARD L. PUGLISI on 7/14/2015. (afc) ~ HEATHER ELIZABETH BELVILLE, ESQ., CHARLES K. VERHOEVEN, ESQ., DEEPA ACHARYA, ESQ. and JOSEPH MILOWIC, III, Esq. (Law firm of Quinn Emanuel Urquhart & Sullivan LLP) added as attorneys pro hac vice for defendants Time Warner Cable Inc. and Oceanic Time Warner Cable LLC. (afc) CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). All participants are registered to receive electronic notifications.
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Filing 345
SEALED DECLARATION of Daniel L. Reisner in Connection with #311 Defendants Oceanic Time Warner Cable, LLC and Time Warner Cable Inc.'s EX PARTE MOTION to Shorten Time for Filing Reply Papers on Motion of Leighton K. Chong to Quash Subpoenas [Motion to Quash: doc no. #292 . [Minute Order granting leave to file Declaration under seal: docket entry no. (344)] (afc)
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Filing 344
EO: The Court has reviewed #311 Ex Parte Motion for Leave to File Under Seal Defendants Oceanic Time Warner Cable LLC and Time Warner Cable Inc.'s Opposition to Motion of Leighton K. Chong to Quash Subpoena, Exhibits 1-2, 4, 11-14, 16-18 to the Declaration of Daniel L. Reisner in Support Thereof, and the Declaration of Daniel L. Reisner in Support of Motion to Shorten Time for Filing Reply Papers and finds good cause to seal Defendants Oceanic Time Warner Cable LLC and Time Warner Cable Inc.'s Opposition to Motion of Leighton K. Chong to Quash Subpoena, Exhibits 1-2, 4, 11-14, 16-18 to the Declaration of Daniel L. Reisner in Support Thereof, and the Declaration of Daniel L. Reisner in Support of Motion to Shorten Time for Filing Reply Papers. Redacted copies of Defendants Oceanic Time Warner Cable LLC and Time Warner Cable Inc.'s Opposition to Motion of Leighton K. Chong to Quash Subpoena, Exhibits 1-2, 4, 11-14, 16-18 to the Declaration of Daniel L. Reisner in Support Thereof, and the Declaration of Daniel L. Reisner in Support of Motion to Shorten Time for Filing Reply Papers have already been filed. See ECF Nos. 313, 313-2, 313-3, 313-5, 313-12, 313-13, 313-14, 313-15, 313-17, 313-18, 313-19, and 312-1. Defendants Oceanic Time Warner Cable LLC and Time Warner Cable Inc. are directed to submit lodged copies of their Opposition to Motion of Leighton K. Chong to Quash Subpoena and Exhibits 1-2, 4, 11-14, 16-18 to the Declaration of Daniel L. Reisner in Support Thereof, with each document in a separate envelope, to the Clerk's Office. Upon receipt, the Clerk's Office is directed to place Defendants Oceanic Time Warner Cable LLC and Time Warner Cable Inc.'s Opposition to Motion of Leighton K. Chong to Quash Subpoena and Exhibits 1-2, 4, 11-14, 16-18 to the Declaration of Daniel L. Reisner in Support Thereof under seal.The Clerk's Office is directed to place the previously lodged copy of the Declaration of Daniel L. Reisner in Support of Motion to Shorten Time for Filing Reply Papers under seal. (MAGISTRATE JUDGE RICHARD L. PUGLISI)(agh)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 343
CERTIFICATE OF SERVICE by Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc. (Re: Defendants Time Warner Cable Inc. and Oceanic Time Warner Cable LLCs Responses and Objections to Plaintiffs Third Set of Requests for Production (Nos. 55-59)) (Tobin, Brett)
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Filing 342
CERTIFICATE OF SERVICE by Broadband iTV, Inc. Plaintiff Broadband iTV, Inc.'s First Amended Notice of Taking Deposition Upon Oral Examination (Thomas Gonder) (Rhee, John)
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Filing 341
CERTIFICATE OF SERVICE by Broadband iTV, Inc. Plaintiff Broadband iTV, Inc.'s Notice of Taking Deposition Upon Oral Examination Pursuant to Rule 30(b)(6) of the Federal Rules of Civil Procedure; Exhibit A (Rhee, John)
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Filing 340
MOTION for Pro Hac Vice (Joseph Milowic, III) Filing fee $ 300, receipt number 0975-1577363. (Attachments: #1 Declaration of Counsel, #2 Certificate of Service)(Tobin, Brett)
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Filing 339
MOTION for Pro Hac Vice (Deepa Acharya) Filing fee $ 300, receipt number 0975-1577362. (Attachments: #1 Declaration of Counsel, #2 Certificate of Service)(Tobin, Brett)
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Filing 338
MOTION for Pro Hac Vice (Charles K. Verhoeven) Filing fee $ 300, receipt number 0975-1577305. (Attachments: #1 Declaration of Brett R. Tobin, #2 Certificate of Service)(Tobin, Brett)
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Filing 337
MOTION for Pro Hac Vice (Heather Elizabeth Belville) Filing fee $ 300, receipt number 0975-1577271. (Attachments: #1 Declaration of Counsel, #2 Certificate of Service)(Munger, Lisa)
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Filing 336
EO: Pursuant to Local Rule 7.2(d), the Court elects to decide #334 Defendants' Motion to Compel Plaintiff to Answer Interrogatory Nos. 10-16 without a hearing. Briefing shall be in accordance with Local Rule 7.4.(MAGISTRATE JUDGE RICHARD L. PUGLISI)(agh)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 335
REPLY re #256 MOTION for Judicial Notice under Fed.R.Evid. Rule 201(b)(2) of publicly accessible documents at the U.S. Patent and Trademark Office filed by Broadband iTV, Inc.. (Attachments: #1 Certificate of Service)(Rhee, John)
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Filing 334
MOTION to Compel Plaintiff to Answer Interrogatory Nos. 10-16 Brett R. Tobin appearing for Defendants Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc. (Attachments: #1 Memorandum in Support of Motion, #2 Declaration of Daniel L. Reisner, #3 Exhibit 1 - TWC 3rd Request for ATIs to BBiTV, #4 Exhibit 2 - Objections and Answers to TWC 3rd Req ATI, #5 Exhibit 3 - TWC First Request for ATIs to BBiTV, #6 Exhibit 4 - TWC 2nd Request for ATIs to BBiTV, #7 Exhibit 5 - BBiTV Amended 1st Set of Interrogs to TWC, #8 Exhibit 6 - TWC O&Rs to BBiTV Amended 1st RFPODs, #9 Certificate of Compliance Pursuant to LR37.1(b), #10 Certificate of Service)(Tobin, Brett)
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Filing 333
Ex Parte MOTION for Leave to File Under Seal Memorandum in Support of #329 Defendants Time Warner Cable Inc. and Oceanic Time Warner Cable LLC's Motion to Strike Supplemental Expert Report of Christopher J. Leisner and Exhibits 1-3 and 7-9 to the Declaration of David Eiseman in Support Thereof Brett R. Tobin appearing for Defendants Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc. (Attachments: #1 Declaration of Counsel, #2 Proposed Order, #3 Certificate of Service)(Tobin, Brett)
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Filing 332
MOTION for Joinder re #329 MOTION to Strike Supplemental Expert Report of Christopher J. Leisner Randall Y. Yamamoto appearing for Defendant Hawaiian Telcom, Inc. (Attachments: #1 Declaration of Dr. Jesse David, #2 Exhibit 1, #3 Declaration of Brandon H. Stroy, #4 Exhibit 1, #5 Exhibit 2, #6 Certificate of Service)(Yamamoto, Randall)
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Filing 331
EO: Pursuant to Local Rule 7.2(d), the Court elects to decide #329 Defendants Time Warner Cable Inc. and Oceanic Time Warner Cable LLC's Motion to Strike Supplement Expert Report of Christopher J. Leisner without a hearing. Briefing shall be in accordance with Local Rule 7.4. (MAGISTRATE JUDGE RICHARD L. PUGLISI)(mrf)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 330
EO: #328 Ex Parte Motion for Leave to File Under Seal Memorandum in Support of Defendants Time Warner Cable Inc. and Oceanic Time Warner Cable LLC's Motion to Strike Supplemental Expert Report of Christopher J. Leisner and Exhibits 1-3, 7-9 to the Declaration of David Eiseman in Support Thereof ("Ex Parte Motion") fails to articulate good cause to seal the requested material. The Ex Parte Motion merely states that Defendants Time Warner Cable Inc. and Oceanic Time Warner LLC's Memorandum in Support of Motion to Strike Supplemental Expert Report of Christopher J. Leisner includes "confidential or highly-confidential information at pages 13-14." This justification is insufficient. See In re Midland Nat. Life Ins. Co. Annuity Sales Practices Litig., 686 F.3d 1115, 1119 (9th Cir. 2012) (requiring particularized showing of "good cause" for documents attached to non-dispositive motions). In addition, Defendants do not articulate any justification for sealing Exhibits 1-3 and 7-9. Accordingly, #328 Defendants Time Warner Cable Inc. and Oceanic Time Warner Cable LLC's Ex Part Motion is DENIED.If Defendants choose to file a second motion to seal, that motion must justify sealing the specific portions of the documents that Defendants request to file under seal. (MAGISTRATE JUDGE RICHARD L. PUGLISI)(mrf)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 329
MOTION to Strike Supplemental Expert Report of Christopher J. Leisner Brett R. Tobin appearing for Defendants Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc. (Attachments: #1 Memorandum in Support of Motion, #2 Declaration of David Eiseman, #3 Exhibit 1 - Preliminary Expert Report of C. Leisner, #4 Exhibit 2 - Supplemental Expert Report of C. Leisner, #5 Exhibit 3 - TWC 2nd Supp Objections and Responses to BBiTV Amended 1st Set of Roggs, #6 Exhibit 4 - Email from Mosely to Tecce, #7 Exhibit 5 - POD Letter TWC-BB_00478198-233, #8 Exhibit 6 - Production Letter TWC-BB_00478234-45, #9 Exhibit 7 - Exhibit 2 to Oral Depo of Dolly Mayne Mobley, #10 Exhibit 8 - Exhibit 4 to Oral Depo of Dolly Mayne Mobley, #11 Exhibit 9 - Excerpts from Oral Depo of Glen Hardin, #12 Certificate of Compliance, #13 Certificate of Service)(Tobin, Brett)
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Filing 328
Ex Parte MOTION for Leave to File Under Seal Memorandum in Support of Defendants Time Warner Cable Inc. and Oceanic Time Warner Cable LLC's Motion to Strike Supplemental Expert Report of Christopher J. Leisner and Exhibits 1-3 and 7-9 to the Declaration of David Eiseman in Support Thereof Brett R. Tobin appearing for Defendants Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc. (Attachments: #1 Declaration of Counsel, #2 Proposed Order, #3 Certificate of Service)(Tobin, Brett)
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Filing 327
EO: Pursuant to Local Rule 7.2(d), the Court elects to decide #325 Plaintiff's Motion to Compel Production of Email Discovery without a hearing. Briefing shall be in accordance with Local Rule 7.4. (MAGISTRATE JUDGE RICHARD L. PUGLISI)(mrf)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 326
EO: Pursuant to Local Rule 83.12(b), any party who contends that any information related to #324 Plaintiff's Ex Parte Motion to Seal Exhibit C to Motion to Compel Production of Email Discovery is not entitled to confidential treatment may challenge the designation no later than July 16, 2015. (MAGISTRATE JUDGE RICHARD L. PUGLISI)(mrf)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 325
MOTION to Compel Production of Email Discovery John S. Rhee appearing for Plaintiff Broadband iTV, Inc. (Attachments: #1 Memorandum of Law in Support of Motion, #2 Declaration of John Simmons, #3 Exhibit "A" - 6/3/15 Transcript of Proceedings * , #4 Exhibit "B" - Amended 1st Request for Production of Documents, #5 Exhibit "C" - Filed Under Seal, #6 Exhibit "D" - 2nd Request for Production of Documents, #7 Exhibit "E" - 3rd Request for Production of Documents, #8 Exhibit "F" - 5/27/15 Email, #9 Exhibit "G" - 6/10/15 Email No. 1, #10 Exhibit "H" - 6/10/15 Email No. 2, #11 Certificate of Compliance, #12 Certificate of Service)(Rhee, John) Docket text modified on 7/9/2015; NEF regenerated.* Viewing of Exhibit "A" (Transcript of Proceedings (Technology Tutorial) held 6/3/2015 before Judge Alan C. Kay) is restricted. Transcript may be viewed at the court public terminal or ordered through the Court Reporter before the deadline for Release of Transcript [Court Reporter: Debra Chun, Telephone number 808-541-2061]. Remote availability of electronic transcripts is regulated by FRCP 5.2(a), FRCrP 49.1(a) and FRBP 9037(a). (afc)
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Filing 324
MOTION to Seal Document Plaintiff's Ex Parte Motion to Seal Exhibit "C" to Motion to Compel Production of Email Discovery John S. Rhee appearing for Plaintiff Broadband iTV, Inc. (Attachments: #1 Declaration of John Rhee, #2 [Proposed] Order, #3 Certificate of Service)(Rhee, John)
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Filing 323
Return of Service on Subpoena David Tumilowicz was served on July 5, 2015 (Tobin, Brett)
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Filing 322
Return of Service on Subpoena Renee Wohler was served on July 2, 2015 (Tobin, Brett)
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Filing 321
Return of Service on Subpoena Bobby Senaha was served on July 2, 2015 (Tobin, Brett)
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Filing 320
Return of Service on Subpoena Richard Tillotson was served on July 2, 2015 (Tobin, Brett)
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Filing 319
CERTIFICATE OF SERVICE by Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc. (Re: Defendants Time Warner Cable Inc. and Oceanic Time Warner Cable LLCs Expert Rebuttal Report of Dr. Gregory K. Leonard and Expert Report of Michael Adams Regarding Non-Infringement of U.S. Pat. No. 7,631,336) (Tobin, Brett)
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Filing 318
EO: The Court has reviewed #312 Defendants Oceanic Time Warner Cable LLC and Time Warner Cable Inc.'s Ex Parte Motion to Shorten Time for Filing Reply Briefs on Motion of Leighton K. Chong to Quash Subpoena filed on July 2, 2015 ("Motion") and #316 Non-Party Leighton K. Chong's Opposition to Defendants' Motion, and DENIES Defendants' Motion. If necessary, the Court will address the discovery deadline in the Order. (MAGISTRATE JUDGE RICHARD L. PUGLISI)(mrf)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 317
EO: Pursuant to Local Rule 83.12(b), any party who contends that any information related to #311 EX PARTE MOTION FOR LEAVE TO FILE UNDER SEAL DEFENDANTS OCEANIC TIME WARNER CABLE LLC AND TIME WARNER CABLE INC.'S OPPOSITION TO MOTION OF LEIGHTON K. CHONG TO QUASH SUBPOENA #292 , EXHIBITS 1-2, 4, 11-14, 16-18 TO THE DECLARATION OF DANIEL L. REISNER IN SUPPORT THEREOF, AND THE DECLARATION OF DANIEL L. REISNER IN SUPPORT OF MOTION TO SHORTEN TIME FOR FILING REPLY PAPERS is not entitled to confidential treatment may challenge the designation by no later than July 13, 2015. (MAGISTRATE JUDGE RICHARD L. PUGLISI)(bbb)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 316
OBJECTION re #312 Ex Parte MOTION Shorten Time for Filing Reply Papers on Motion of Leighton K. Chong to Quash Subpoena filed by Leighton K. Chong. (Shannon, Matthew)
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Filing 315
CERTIFICATE OF SERVICE by Broadband iTV, Inc. Expert Report of David Wachob in Rebuttal to Expert Report of Branko Gerovac on the Invalidity of U.S. Pat. No. 7,661,336; Exhibits A & B (Rhee, John)
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Filing 314
Joinder re #313 Memorandum in Opposition to Motion,, filed by Time Warner Cable, Inc., Oceanic Time Warner Cable, LLC filed by Hawaiian Telcom, Inc.. (Attachments: #1 Certificate of Service)(Yamamoto, Randall)
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Filing 313
MEMORANDUM in Opposition re #292 MOTION to Quash Subpoena Dated May 19, 2015 filed by Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc.. (Attachments: #1 Declaration of Daniel L. Reisner, #2 Exhibit 1 [Sealed], #3 Exhibit 2 [Sealed], #4 Exhibit 3, #5 Exhibit 4 [Sealed], #6 Errata 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11 [Sealed], #13 Exhibit 12 [Sealed], #14 Exhibit 13 [Sealed], #15 Exhibit 14 [Sealed], #16 Exhibit 15, #17 Exhibit 16 [Sealed], #18 Exhibit 17 [Sealed], #19 Exhibit 18 [Sealed], #20 Certificate of Service)(Tobin, Brett)
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Filing 312
Ex Parte MOTION Shorten Time for Filing Reply Papers on Motion of Leighton K. Chong to Quash Subpoena Brett R. Tobin appearing for Defendants Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc. (Attachments: #1 Declaration of Daniel L. Reisner [Redacted], #2 Proposed Order re EXPM to Shorten, #3 Certificate of Service)(Tobin, Brett)
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Filing 311
Ex Parte MOTION Leave to File Under Seal (1) Opposition to Motion of Leighton K. Chong to Quash Subpoena #292 , Exhibits 1-2, 4, 11-14, 16-18 and (2) Declaration of Daniel L. Reisner in Support of EXPM to Shorten Time for Filing Reply Papers Brett R. Tobin appearing for Defendants Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc. (Attachments: #1 Declaration of Counsel, #2 Proposed Order re EXPM, #3 Certificate of Service)(Tobin, Brett)
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Filing 310
CERTIFICATE OF SERVICE by Hawaiian Telcom, Inc. re: Rebuttal Expert Report of Timothy B. Aron on Noninfringement of U.S. Pat. No. 7,631,336 (Yamamoto, Randall)
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Filing 309
CERTIFICATE OF SERVICE by Hawaiian Telcom, Inc. re: Expert Report of Jesse David, Ph.D. (Yamamoto, Randall)
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Filing 308
JOINT SECOND STIPULATION TO EXTEND DEADLINES FOR EXPERT DISCLOSURES andORDER. Signed by MAGISTRATE JUDGE RICHARD L. PUGLISI on 7/1/2015. (afc)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). All participants are registered to receive electronic notifications.
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Filing 307
CERTIFICATE OF SERVICE by Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc. re TWC Requests for Admission to Plaintiff BBiTV (Tobin, Brett)
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Filing 306
CERTIFICATE OF SERVICE by Broadband iTV, Inc. Expert Report of David Wachob in Rebuttal to Expert Report of Anthony J. Wechselberger on the Invalidity of U.S. Pat. No. 7,631,336 (Rhee, John)
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Filing 305
CERTIFICATE OF SERVICE by Hawaiian Telcom, Inc. re: Defendant Hawaiian Telcom, Inc.'s First Requests for Admission to Plaintiff Broadband iTV, Inc. (Yamamoto, Randall)
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Filing 304
NOTICE by Broadband iTV, Inc. re #275 MOTION to Compel Notice of Withdrawal of #275 Plaintiff's Motion to Compel filed June 17, 2015 Broadband iTV, Inc.. (Attachments: #1 Certificate of Service)(Rhee, John)
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Filing 303
CERTIFICATE OF SERVICE by Broadband iTV, Inc. Supplemental Expert Report of Christopher J. Leisner, CPA, CMC as to Time Warner Cable dated June 30, 2015 (Rhee, John)
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Filing 302
CERTIFICATE OF SERVICE by Broadband iTV, Inc. Supplemental Expert Report of Christopher J. Leisner, CPA, CMC as to Hawaii Telcom Inc. dated June 30, 2015 (Rhee, John)
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Filing 301
CERTIFICATE OF SERVICE by Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc. re TWC Ntc of Taking DUOE [R. Tillotson, R. Kalbrener, R. Wohler, D. Tumilowicz and B. Senaha] (Tobin, Brett)
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Filing 300
CERTIFICATE OF SERVICE by Broadband iTV, Inc. Plaintiff Broadband iTV, Inc.'s Second Supplemental Response to Defendants Oceanic Time Warner Cable LLC and Time Warner Cable Inc.'s First Request for Answers to Interrogatories to Plaintiff (Rhee, John)
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Filing 299
CERTIFICATE OF SERVICE by Broadband iTV, Inc. Plaintiff Broadband iTV, Inc.'s Notice of Taking Deposition Upon Oral Examination (Thomas Gonder) (Rhee, John)
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Filing 298
MEMORANDUM in Opposition re #256 MOTION for Judicial Notice under Fed.R.Evid. Rule 201(b)(2) of publicly accessible documents at the U.S. Patent and Trademark Office filed by Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc.. (Attachments: #1 Declaration of Robert E. Bugg, #2 Exhibit 1 - Preliminary Amendment of Claims, #3 Exhibit 2 - Amendment Under 37 CFR, #4 Exhibit 3 - PAIR Screenshot, #5 Exhibit 4 - Petition to Withdraw App from Issue, #6 Exhibit 5 - Grant of Petition to Withdraw App from Issue, #7 Exhibit 6 - B. Gerovac References Not Considered, #8 Certificate of Service)(Tobin, Brett)
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Filing 296
EO: Pursuant to Local Rule 7.2(d), the Court elects to decide #292 Non-Party Leighton K. Chong's Motion to Quash Subpoena Dated May 19, 2015 without a hearing. Briefing shall be in accordance with Local Rule 7.4.(MAGISTRATE JUDGE RICHARD L. PUGLISI)(agh)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 295
CERTIFICATE OF SERVICE by Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc. re TWC Fourth Supplemental Rule 26(a) Initial Disclosures (Tobin, Brett)
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Filing 294
CERTIFICATE OF SERVICE by Broadband iTV, Inc. Plaintiff Broadband iTV, Inc.'s Notice of Taking Deposition Upon Oral Examination (Michael LeJoie) (Rhee, John)
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Filing 293
CERTIFICATE OF SERVICE by Broadband iTV, Inc. Plaintiff Broadband iTV, Inc.'s Objections and Answers to Defendants Oceanic Time Warner Cable LLC and Time Warner Cable Inc.'s Third Request for Answers to Interrogatories to Plaintiff (Rhee, John)
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Filing 292
MOTION to Quash Subpoena Dated May 19, 2015 Matthew C. Shannon appearing for Movant Leighton K. Chong (Attachments: #1 Memorandum in Support of Motion, #2 Declaration of Leighton K. Chong, #3 Declaration of Matthew C. Shannon, #4 Exhibit A, #5 Exhibit B, #6 Exhibit C, #7 Exhibit D, #8 Certificate of Service) (Shannon, Matthew) Modified appearance of docket text on 7/5/2015 (afc).
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Filing 297
SEALED EXHIBIT "2": Plaintiff's Submission of Exhibit "2" to #275 its MOTION to Compel. [Minute Order granting leave to file Exhibit 2 under seal: docket entry no. (291)] (afc)
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Filing 291
EO: The Court has reviewed #276 Plaintiff's Ex Parte Motion to Seal Exhibit 2 to #275 Plaintiff's Motion to Compel and #277 Plaintiff's Ex Parte Motion to Seal Declaration of David J. Harkavy in Support of #274 Plaintiff's Reply in Support of Its #189 Motion for Sanctions Under FRCP 37(c) and finds good cause to seal Exhibit 2 to #275 Motion to Compel and the Declaration of David J. Harkavy. The Clerk's Office is directed to place Exhibit 2 to #275 Motion to Compel and the Declaration of David J. Harkavy, which was previously filed on the public docket (see ECF No. #274 -1), under seal. (MAGISTRATE JUDGE RICHARD L. PUGLISI) (agh) CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 290
CLAIM CONSTRUCTION ORDER. Signed by JUDGE ALAN C KAY on 6/24/2015. (afc) Related: Minutes of claim construction hearing held 6/4/2015: doc. no. #247 . CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 289
ORDER GRANTING DEFENDANTS TIME WARNER CABLE INC. AND OCEANIC TIME WARNER CABLE LLC'S MOTION TO COMPEL re: #200 . Signed by MAGISTRATE JUDGE RICHARD L. PUGLISI on 6/22/2015. (afc)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 288
ORDER GRANTING DAVID EISEMAN'S MOTION TO APPEAR PRO HAC VICE re: #273 . Signed by MAGISTRATE JUDGE RICHARD L. PUGLISI on 6/22/2015. ~ DAVID EISEMAN (Quinn Emanuel Urquhart & Sullivan LLP) added as attorney pro hac vice for defendants Time Warner Cable Inc. and Oceanic Time Warner Cable LLC. (afc)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 287
CERTIFICATE OF SERVICE by Broadband iTV, Inc. Non-Party Glenn Yamashita's Objections to Defendant Hawaiian Telcom, Inc.'s Subpoena to Testify at a Deposition in a Civil Action Dated May 20, 2015 (Rhee, John)
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Filing 286
CERTIFICATE OF SERVICE by Broadband iTV, Inc. Non -Party Glenn Yamashita's Objections to Defendants Time Warner Cable, LLC; Time Warner Cable, Inc.'s Subpoena to Testify at a Deposition in a Civil Action Dated May 8, 2015 (Rhee, John)
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Filing 285
Return of Service on Subpoena Leighton K. Chong was served on June 16, 2015 (Tobin, Brett)
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Filing 284
ORDER DENYING PLAINTIFF BROADBAND iTV, INC.'S MOTION FOR SANCTIONS UNDER F.R.C.P. 37(c) re: #189 . Signed by MAGISTRATE JUDGE RICHARD L. PUGLISI on 6/19/2015. (afc)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 283
TRANSCRIPT of Proceedings Technology Tutorial held on 6/3/15 before Judge Alan C. Kay. Court Reporter Debra Chun, Telephone number (808) 541-2061. Transcript may be viewed at the court public terminal or ordered through the Court Reporter before the deadline for Release of Transcript. Remote availability of electronic transcripts is regulated by FRCP 5.2(a), FRCrP 49.1(a) and FRBP 9037(a). Redaction Request due 7/7/2015. Redacted Transcript Deadline set for 7/17/2015. Release of Transcript Restriction set for 9/14/2015. Associated Cases: 1:14-cv-00169-ACK-RLP, 1:15-cv-00131-ACK-RLP(dc@hid.uscourts.gov) pp. 60.
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Filing 282
REQUEST Statement of Intention to Oppose and Request for Briefing with Respect to Motion to Appear Pro Hac Vice #273 by Broadband iTV, Inc.. (Attachments: #1 Certificate of Service)(Alston, Paul)
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Filing 281
REPLY re #200 MOTION to Compel filed by Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc.. (Attachments: #1 Declaration Daniel L. Reisner, #2 Exhibit 1 - Email from J. Rhee to D. Reisner dated 6-4-15, #3 Exhibit 2 - Email Chain between A. Langsam, J. Rhee and J. Simmons dated 6-9-15 - 6-11-15, #4 Exhibit 3 - BBiTV Resp to TWC Rogg. No. 9 dated 4-30-15, #5 Certificate of Service)(Tobin, Brett)
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Filing 280
EO: Pursuant to Local Rule 83.12(b), any party who contends that any information related to #277 Plaintiff's Ex Parte Motion to Seal Declaration of David J. Harkavy is not entitled to confidential treatment may challenge the designation by no later than seven (7) days after the filing of the motion. (MAGISTRATE JUDGE RICHARD L. PUGLISI)(agh)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 279
EO: Pursuant to Local Rule 83.12(b), any party who contends that any information related to #276 Plaintiff's Ex Parte Motion to Seal Exhibit 2 to #275 Motion to Compel is not entitled to confidential treatment may challenge the designation by no later than seven (7) days after the filing of the motion. (MAGISTRATE JUDGE RICHARD L. PUGLISI)(agh)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 278
EO: Pursuant to Local Rule 7.2(d), the Court elects to decide #275 Plaintiff's Motion to Compel without a hearing. Briefing shall be in accordance with Local Rule 7.4. (MAGISTRATE JUDGE RICHARD L. PUGLISI)(agh)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 277
Ex Parte MOTION to Seal Document #274 Reply, Ex Parte Motion to Seal Declaration of David J. Harkavy John S. Rhee appearing for Plaintiff Broadband iTV, Inc. (Attachments: #1 Declaration of John Rhee, #2 Exhibit "A" - Redacted Declaration of David J. Harkavy, #3 [Proposed] Order Granting Plaintiff's Ex Parte Motion, #4 Certificate of Service)(Rhee, John)
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Filing 276
Ex Parte MOTION to Seal Document #275 MOTION to Compel John S. Rhee appearing for Plaintiff Broadband iTV, Inc. (Attachments: #1 Declaration of John Rhee, #2 [Proposed] Order Granting Plaintiff's Ex Parte Motion to Seal, #3 Certificate of Service)(Rhee, John)
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Filing 275
MOTION to Compel John S. Rhee appearing for Plaintiff Broadband iTV, Inc. (Attachments: #1 Memorandum of Law in Support of Motion, #2 Declaration of John Rhee, #3 Exhibit "1" - Plaintiff's Notice of Taking Deposition, #4 Exhibit "2" - Filed Under Seal, #5 Certificate of Compliance, #6 Certificate of Service)(Rhee, John)
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Filing 274
REPLY re #189 MOTION for Sanctions UNDER F.R.C.P. 37(C), filed by Broadband iTV, Inc.. (Attachments: #1 Declaration of David J. Harkavy, #2 Exhibit "1" - Resume of David J. Harkavy, #3 Exhibit "2" - List of Information for Period 2008-Present, #4 Certificate of Service)(Rhee, John)
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Filing 273
MOTION for Pro Hac Vice [David Eiseman] Filing fee $ 300, receipt number 0975-1565934. (Attachments: #1 Declaration of Counsel [David Eiseman], #2 Certificate of Service)(Tobin, Brett)
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Filing 271
FIRST AMENDED STIPULATION AND PROTECTIVE ORDER; ATTACHMENT "A" TO THE AGREED PROTECTIVE ORDER CONFIDENTIAL AGREEMENT - Signed by MAGISTRATE JUDGE RICHARD L. PUGLISI on 6/15/2015. (afc) [Stipulation and Order amending order, docket entry no. #157 ]CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 272
SEALED EXHIBIT "A": Plaintiff's Exhibit "A" to #249 its MEMORANDUM in Opposition to #200 Defendants Time Warner Cable Inc. and Oceanic Time Warner Cable LLC's MOTION to Compel.[Minute Order granting leave to file Exhibit A under seal: docket entry no. (266)] (afc)
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Filing 270
RESPONSE Letter dated June 15, 2015 from Brett Tobin to Hon. Judge Alan C. Kay re Additional Claim Terms filed by Hawaiian Telcom, Inc., Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc.. (Tobin, Brett)
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Filing 269
EO: Pursuant to Local Rule 7.2(d), the Court elects to decide #256 Plaintiff's Request for Judicial Notice without a hearing. Briefing shall be in accordance with Local Rule 7.4. The Court's decision on #256 Plaintiff's Request for Judicial Notice shall be limited to whether the documents at issue meet the standard for judicial notice under Federal Rule of Evidence 201(b)(2). Any argument regarding the use or consideration of such documents in these proceedings must be raised by separate motion to the District Court and will not be addressed in resolving #256 Plaintiff's Request for Judicial Notice. (MAGISTRATE JUDGE RICHARD L. PUGLISI)(agh)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 268
CERTIFICATE OF SERVICE by Broadband iTV, Inc. Non-Party Eric Tom's Objections to Defendant Hawaiian Telcom, Inc.'s Subpoena to Testify at a Deposition in a Civil Action Dated May 20, 2015 (Rhee, John)
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Filing 267
CERTIFICATE OF SERVICE by Broadband iTV, Inc. Non-Party Eric Tom's Objections to Defendants Time Warner Cable, LLC; Time Warner Cable, Inc.'s Subpoena to Testify at a Deposition in a Civil Action Dated May 8, 2015 (Rhee, John)
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Filing 266
EO: The Court has reviewed #252 Plaintiff's Renewed Ex Parte Motion to Seal Exhibit A to #249 Memorandum in Opposition to #200 Defendants Oceanic Time Warner Cable LLC and Time Warner Cable Inc.'s Motion to Compel and finds good cause to seal Exhibit A. The Clerk's Office is directed to place Exhibit A to #249 Plaintiff's Memorandum in Opposition to #200 Defendants Oceanic Time Warner Cable LLC and Time Warner Cable Inc.'s Motion to Compel under seal.(MAGISTRATE JUDGE RICHARD L. PUGLISI)(agh) CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 265
SEALED EXHIBITS F-J to #238 Declaration of Abigail Langsam in Support of Defendants Oceanic Time Warner Cable LLC and Time Warner Cable Inc.'s OPPOSITION to Broadband ITV, Inc.'s MOTION for Sanctions ( #189 ) - filed by Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc. (Attachments: #1 Exhibit F, #2 Exhibit G, #3 Exhibit H, #4 Exhibit I, #5 Errata J, #6 Certificate of Service)[Minute Order granting leave to file exhibits under seal: docket entry no. (257)] (afc)
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Filing 264
CERTIFICATE OF SERVICE by Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc. (Defendants Time Warner Cable Inc. and Oceanic Time Warner Cable LLC's Notice of Taking Deposition Upon Oral Examination [Leighton K. Chong]) (Tobin, Brett)
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Filing 263
CERTIFICATE OF SERVICE by Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc. (Defendants Time Warner Cable Inc. and Oceanic Time Warner Cable LLC's First Amended Notice of Taking Deposition Upon Oral Examination Pursuant to Rule 30(b)(6) of the Federal Rules of Civil Procedure [Desig. Rep. of BBiTV]) (Tobin, Brett)
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Filing 262
CERTIFICATE OF SERVICE by Broadband iTV, Inc. Plaintiff Broadband iTV, Inc.'s Third Request for Production of Documents to Dfeendants Time Warner Cable, Inc. and Oceanic Time Warner Cable, LLC (Rhee, John)
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Filing 261
CERTIFICATE OF SERVICE by Broadband iTV, Inc. Plaintiff Broadband iTV's Objections to Defendants Time Warner Cable, Inc. and Oceanic Time Warner Cable, LLC's Notice of Taking Deposition Upon Oral Examination Pursuant to Rule 30(b)(6) of the Federal Rules of Civil Procedure (Rhee, John)
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Filing 260
CERTIFICATE OF SERVICE by Broadband iTV, Inc. Plaintiff Broadband iTV's Objections to Defendants Time Warner Cable Inc. and Oceanic Time Warner Cable LLC's Notice of Taking Deposition Upon Oral Examination of Milton Diaz Perez (Rhee, John)
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Filing 259
CERTIFICATE OF SERVICE by Broadband iTV, Inc. Plaintiff Broadband iTV's Objections to Defendants Time Warner Cable Inc. and Oceanic Time Warner Cable LLC's Notice of Taking Deposition Upon Oral Examination of Clifton Kagawa (Rhee, John)
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Filing 258
TRANSCRIPT of Proceedings Claim Construction Hearing held on 6/4/15 before Judge Alan C. Kay. Court Reporter Debra Chun, Telephone number (808) 541-2061. Transcript may be viewed at the court public terminal or ordered through the Court Reporter before the deadline for Release of Transcript. Remote availability of electronic transcripts is regulated by FRCP 5.2(a), FRCrP 49.1(a) and FRBP 9037(a). Redaction Request due 6/30/2015. Redacted Transcript Deadline set for 7/10/2015. Release of Transcript Restriction set for 9/8/2015. Associated Cases: 1:14-cv-00169-ACK-RLP, 1:15-cv-00131-ACK-RLP(dc@hid.uscourts.gov) pp. 98.
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Filing 257
EO: The Court has reviewed #239 Ex Parte Motion for Leave to File under Seal Exhibits F-J to the Declaration of Abigail Langsam in Support of Defendants Oceanic Time Warner Cable LLC and Time Warner Cable Inc.'s Opposition to Broadband iTV, Inc.'s Motion for Sanctions and finds good cause to seal Exhibits F-J. The Clerk's Office is directed to place Exhibits F-J to the Declaration of Abigail Langsam under seal.(MAGISTRATE JUDGE RICHARD L. PUGLISI)(agh)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 256
REQUEST Request for Judicial Notice by Broadband iTV, Inc.. (Attachments: #1 Declaration of John Rhee, #2 Exhibit "A" - Notification of Patent Issuance re App No 12/632,745, #3 Exhibit "B" - Ntc of Allowability re App No. 12/632,745, #4 Exhibit "C" - Ntc of Allowance re App No. 13/831,042, #5 Exhibit "D" - Ntc of Allowability re App No. 12/852,663, #6 Exhibit "E" - Notification of Patent Issuance re 13/830,872, #7 Exhibit "F" - Ntc of Allowabiltiy re App No. 13/830,872, #8 Exhibit "G" - Screen Shot re USPTO Patent App, #9 Certificate of Service)(Rhee, John) MODIFIED on 6/12/2015: Filing event modified from "REQUEST" to "MOTION" (afc).
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ADVISORY ENTRY re entry docket number #263 Certificate of Service, filed by Time Warner Cable, Inc., Oceanic Time Warner Cable, LLC. Filing party called to advise that the entire document was attached in error. The Certificate of Service re: First Amended Notice of Taking Deposition Upon Oral Examination Pursuant to Rule 30(b)(6) of the Federal Rules of Civil Procedure [Desig. Rep. of BBiTV] is located on pages 21-25. No further action necessary. (ecs, )
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Filing 255
REQUEST Judicial Notice by Broadband iTV, Inc.. (Attachments: #1 Declaration of John Rhee, #2 Exhibit "A" - Notification of Patent Issuance re App No. 12/632,745, #3 Exhibit "B" - Ntc of Allowability re App No. 12/632,745, #4 Exhibit "C" - Ntc of Allowance re App No. 13/831,042, #5 Exhibit "D" - Ntc of Allowability re App No. 12/852,663, #6 Exhibit "E" - Notification of Patent Issuance re 13/830,872, #7 Exhibit "F" - Ntc of Allowabiltiy re App No. 13/830,872, #8 Exhibit "G" - Screen Shot re USPTO Patent App, #9 Certificate of Service)(Rhee, John) MODIFIED on 6/12/2015: DOCUMENT RE-FILED AS DOCKET ENTRY NO. #256 . Filing party has apprised the Office of the Clerk the the document was inadvertently filed out of sequence. (afc)
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Filing 254
EO: Pursuant to Local Rule 83.12(b), any party who contends that any information related to #252 Plaintiff's Renewed Ex Parte Motion to Seal Exhibit "A" to Memorandum in Opposition to 200 Defendants Time Warner Cable Inc. and Oceanic Time Warner Cable LLC's Motion to Compel is not entitled to confidential treatment may challenge the designation by no later than seven (7) days after the filing of the motion. (MAGISTRATE JUDGE RICHARD L. PUGLISI)(agh)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 253
REDACTION to #249 Memorandum in Opposition to Motion, Plaintiff Broadband iTV, Inc.'s Submission of Redacted Exhibit "A" to Its #249 Memorandum in Opposition to #200 Defendants Time Warner Cable Inc. and Oceanic Time Warner Cable LLC's Motion to Compel by Broadband iTV, Inc.. (Attachments: #1 Declaration, #2 Exhibit A_redacted Plaintiff Broadband iTV Inc.'s Supplemental Response to Defendant Time Warner Cable, Inc.'s First Request for Answers to Interrogatories to Plaintiff, #3 Certificate of Service)(Rhee, John)
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Filing 252
Ex Parte MOTION to Seal Document #249 Memorandum in Opposition to Motion, Plaintiff's Renewed Ex Parte Motion to Seal Exhibit "A" to Memorandum in Opposition to #200 Defendants Time Warner Cable Inc. and Oceanic Time Warner Cable LLC's Motion to Compel John S. Rhee appearing for Plaintiff Broadband iTV, Inc. (Attachments: #1 Declaration, #2 Proposed Order, #3 Certificate of Service)(Rhee, John)
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Filing 251
EO: #248 Plaintiff's Ex Parte Motion to Seal Exhibit "A" to Memorandum in Opposition to #200 Defendants Time Warner Cable Inc. and Oceanic Time Warner Cable LLC's Motion to Compel fails to articulate good cause to seal the requested material. The Motion merely states that "[p]ortions of Exhibit A have been designated Confidential under the Stipulated Protective Order." This justification is insufficient. See Local Rule 83.12(a) (stating that a stipulation or blanket protective order that allows a party to designate matters to be filed under seal will not suffice to allow the filing of the matter under seal). Accordingly, #248 Plaintiff's Motion is DENIED.If Plaintiff chooses to file a second motion to seal, that motion must state the reasons why the specific portions of the document at issue should be filed under seal. (MAGISTRATE JUDGE RICHARD L. PUGLISI)(agh)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 249
MEMORANDUM in Opposition re #200 MOTION to Compel Plaintiff's Memorandum in Opposition to #200 Defendants Time Warner Cable Inc. and Oceanic Time Warner Cable LLC's Motion to Compel filed by Broadband iTV, Inc.. (Attachments: #1 Certificate of Service)(Rhee, John)
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Filing 248
Ex Parte MOTION to Seal Document #200 MOTION to Compel Plaintiff's Ex Parte Motion to Seal Exhibit "A" to Memorandum in Opposition to #200 Defendants Time Warner Cable Inc. and Oceanic Time Warner Cable LLC's Motion to Compel John S. Rhee appearing for Plaintiff Broadband iTV, Inc. (Attachments: #1 Declaration, #2 Proposed Order, #3 Certificate of Service)(Rhee, John)
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Filing 247
EP: Claim Construction/Evidentiary Court Hearing held on 6/4/2015. Evidence presented and discussion held as to Term Nos.' 1 through 10. Court to issue a written Order. (Court Reporter Debra Chun.) (JUDGE ALAN C KAY)(lls, )No COS issued for this docket entry
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Filing 246
CERTIFICATE OF SERVICE by Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc. (Re Defendants Time Warner Cable Inc. and Oceanic Time Warner Cable LLC's Third Supplemental Rule 26(a) Initial Disclosures) (Munger, Lisa)
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Filing 245
CERTIFICATE OF SERVICE by Broadband iTV, Inc. Plaintiff Broadband iTV, Inc.'s Supplemental Response to Defendant Time Warner Cable, Inc.'s First Request for Answers to Interrogatories to Plaintiff (Rhee, John)
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Filing 244
EP: Technology Tutorial and Defendants Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc.'s Motion in Limine to Preclude Plaintiff's Technology Tutorial and Claim Construction Witnesses [ECF No. 236] (Evidentiary Hearing) -Discussion held re: whether these neutral proceedings may be held off the record - no objection by the parties.Defendants Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc.'s Motion in Limine to Preclude Plaintiff's Technology Tutorial and Claim Construction Witnesses [ECF No. 236] - Granted in part and Denied in part. Milton Diaz Perez may testify as a factual witness, and David Wachob may testify without limitation for rebuttal tomorrow.Plaintiffs Witness: Milton Diaz Perez CST for Plaintiffs presentation.Defendants conduct their presentation.A continued hearing is set for 6/4/15 @ 9:00 a.m.granting in part and denying in part #236 Motion in Limine; Motion Hearing held on 6/3/2015 re #236 MOTION in Limine to Preclude Plaintiff's Technology Tutorial and Claim Construction Witnesses filed by Time Warner Cable, Inc., Oceanic Time Warner Cable, LLC ; Evidentiary Hearing held on 6/3/2015. (Court Reporter Debra Chun.) (JUDGE ALAN C KAY)(tbf, )No COS issued for this docket entry
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Filing 243
EO: Pursuant to Local Rule 83.12(b), any party who contends that any information related to #239 Ex Parte MOTION for Leave to File Under Seal Exhibits F-J To The Declaration Of Abigail Langsam In Support Of Defendants Oceanic Time Warner Cable LLC And Time Warner Cable Inc.'s Opposition To Broadband iTV, Inc.'s Motion For Sanctions is not entitled to confidential treatment may challenge the designation by no later than seven (7) days after the filing of the motion. (MAGISTRATE JUDGE RICHARD L. PUGLISI)(agh)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 242
CERTIFICATE OF SERVICE by Broadband iTV, Inc. Plaintiff Broadband iTV, Inc.'s Notice of Taking Deposition Upon Oral Examination Pursuant to Rule 30(b)(6) of the Federal Rules of Civil Procedure; Exhibits "A", "B" and "C" (Designated Representative of Showtime Networks, Inc., Designated Representative of Home Box Office, Inc. and Designated Representative of Starz Entertainment, LLC) (Rhee, John)
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Filing 241
EO: #236 Defendants Oceanic time Warner Cable, LLC, Time Warner Cable, Inc.'s MOTION in Limineto Preclude Plaintiff's Technology Tutorial and Claim Construction Witnesses set for Court Hearing on 2/3/2015 at 09:00 AM before JUDGE ALAN C KAY. (JUDGE ALAN C KAY)(lls, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 240
MEMORANDUM in Opposition re #236 MOTION in Limine to Preclude Plaintiff's Technology Tutorial and Claim Construction Witnesses filed by Broadband iTV, Inc.. (Attachments: #1 Certificate of Service)(Rhee, John)
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Filing 239
Ex Parte MOTION for Leave to File Under Seal Exhibits F-J To The Declaration Of Abigail Langsam In Support Of Defendants Oceanic Time Warner Cable LLC And Time Warner Cable Inc.s Opposition To Broadband ITV, Inc.s Motion For Sanctions Brett R. Tobin appearing for Defendants Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc. (Attachments: #1 Declaration of Counsel, #2 [Proposed] Order Granting Ex Parte Motion, #3 Certificate of Service)(Tobin, Brett)
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Filing 238
MEMORANDUM in Opposition re #189 MOTION for Sanctions UNDER F.R.C.P. 37(C), filed by Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc.. (Attachments: #1 Declaration of Abigail Langsam, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Declaration of Daniel L. Reisner, #13 Declaration of Dr. Gregory K. Leonard, #14 Exhibit A, #15 Certificate of Service)(Tobin, Brett)
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Filing 237
CERTIFICATE OF SERVICE by Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc. re TWC Errata to Witness Statement of Branko Gerovac (Munger, Lisa)
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Filing 236
MOTION in Limine to Preclude Plaintiff's Technology Tutorial and Claim Construction Witnesses Lisa W. Munger appearing for Defendants Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc. (Attachments: #1 Memorandum in Support of Motion, #2 Certificate of Service)(Munger, Lisa)
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Filing 235
CERTIFICATE OF SERVICE by Hawaiian Telcom, Inc. re: Defendant Hawaiian Telcom, Inc.'s First Supplemental Responses to Plaintiff's Interrogatory Nos. 4-6 (Yamamoto, Randall)
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Filing 234
CERTIFICATE OF SERVICE by Broadband iTV, Inc. Non-Party Nicole Adele Nestel's Objections and Responses to Subpoena Issued May 11, 2015 (Rhee, John)
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Filing 233
NOTICE of Change of Address by Brett R. Tobin on behalf of Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc.. (Attachments: #1 Certificate of Service)(Tobin, Brett)
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Filing 232
STATEMENT Second Amended Joint Claim Construction and Prehearing Statement filed by Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc.. (Attachments: #1 Second Amended Joint Claim Chart)(Tobin, Brett)
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Filing 231
ORDER GRANTING ABIGAIL LANGSAM'S APPLICATION TO APPEAR PRO HAC VICE re: #221 . Signed by MAGISTRATE JUDGE RICHARD L. PUGLISI on 5/28/2015. ~ ABIGAIL LANGSAM (Kaye Scholer LLP) added as attorney pro hac vice for defendants Time Warner Cable Inc. and Oceanic Time Warner Cable LLC. (afc) CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 230
CERTIFICATE OF SERVICE by Hawaiian Telcom, Inc. re: Expert Report of Anthony J. Wechselberger on the Invalidity of U.S. Pat. No. 7,631,336 (Yamamoto, Randall)
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Filing 229
CERTIFICATE OF SERVICE by Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc. (Re: Defendants Oceanic Time Warner Cable, LLC and Time Warner Cable Inc.s Third Request for Answers to Interrogatories to Plaintiff) (Tobin, Brett)
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Filing 228
Exhibit List Defendants' Claim Construction Exhibit and Witness List. filed by Hawaiian Telcom, Inc., Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc.. (Attachments: #1 Certificate of Service)(Tobin, Brett)
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Filing 227
CERTIFICATE OF SERVICE by Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc. (Re: Defendants Time Warner Cable Inc. and Oceanic Time Warner Cable LLC's Expert Report of Branko Gerovac on the Invalidity of U.S. Pat. No. 7,631,336) (Tobin, Brett)
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Filing 226
Expert Witness Disclosure. filed by Broadband iTV, Inc.. (Attachments: #1 Certificate of Service)(Rhee, John)
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Filing 225
Non Expert Witness Disclosure. filed by Broadband iTV, Inc.. (Attachments: #1 Certificate of Service)(Rhee, John)
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Filing 224
Exhibit List regarding Technology Tutorial and Claim Construction Hearing. filed by Broadband iTV, Inc.. (Attachments: #1 Certificate of Service)(Rhee, John)
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Filing 223
FIRST STIPULATION AND ORDER EXTENDING TIME TO FILE DEFENDANTS TIME WARNER CABLE INC. AND OCEANIC TIME WARNER CABLE LLC'S MEMORANDUM IN OPPOSITION TO PLAINTIFF BROADBAND iTV, INC.'S MOTION FOR SANCTIONS UNDER F.R.C.P. 37(c ) [DKT. #189 ]. Signed by MAGISTRATE JUDGE RICHARD L. PUGLISI on 5/27/2015. (afc)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 222
FIRST STIPULATION AND ORDER EXTENDING TIME TO FILE PLAINTIFF'S MEMORANDUM IN OPPOSITION TO DEFENDANTS TIME WARNER CABLE INC. AND OCEANIC TIME WARNER CABLE LLC'S MOTION TO COMPEL #200 . Signed by MAGISTRATE JUDGE RICHARD L. PUGLISI on 5/27/2015. (afc)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 221
MOTION for Pro Hac Vice [Abigail Langsam] Filing fee $ 300, receipt number 0975-1557028. (Attachments: #1 Declaration of Counsel [Abigail Langsam], #2 Certificate of Service)(Munger, Lisa)
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Filing 220
CERTIFICATE OF SERVICE by Broadband iTV, Inc. Regarding Plaintiff's Expert Reports as to Oceanic Time Warner Cable, LLC and Time Warner Cable, Inc. dated May 26, 2015 (Rhee, John)
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Filing 219
CERTIFICATE OF SERVICE by Broadband iTV, Inc. Regarding Plaintiff's Expert Reports as to Hawaiian Telcom dated May 26, 2015 (Rhee, John)
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Filing 218
EO:Amended Minute Order as to [ECF No. 217]-The only change in the Amended Minute Order is in the sentence- Accordingly, the parties are encouraged to present information to the Court jointly at the June 3, 2015 technology tutorial. (JUDGE ALAN C KAY)(lls, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 217
EO: A technology tutorial and claim construction hearing are scheduled in this case for June 3-4, 2015. The parties have requested additional guidance regarding the Courts preferred order of presentation. First, the Court notes that the intention of the technology tutorial is to "educat[e] the court about the underlying technology" through the provision of neutral, useful background information about the technology. Patent Case Management Judicial Guide 5.1.2.2.1 (Federal Judicial Center 2009). The tutorial should focus on the technology at issue and refrain from arguing the parties' claim construction positions. Accordingly, the parties are encouraged to present information to the Court jointly at the June 3, 2014 technology tutorial. However, if the parties are unwilling to present jointly, each side should present independently for not longer than 90 minutes regarding the underlying technology at issue in this case. Second, the Court wishes to hear oral argument from the parties at the claim construction hearing of June 4, 2015 according to the order of the disputed terms in the parties' claim construction briefs. For example, the Court will hear oral argument from counsel for both sides regarding Term 1 before addressing Term 2, and so on. Given the number of terms to be construed and the half-day schedule for the claim construction hearing, the Court expects that the parties will tailor their oral arguments accordingly. Third, the Court notes that the parties' Amended Joint Claim Construction and Prehearing Statement, ECF No. 153, was filed on April 8, 2015. It now appears to be out of date, as the parties subsequently narrowed the number of terms to be construed. A draft Second Amended Joint Claim Construction and Prehearing Statement apparently was filed as an attachment to an April 17, 2015 letter to Judge Puglisi, ECF No. 170-1, but that document was not signed by counsel. The parties are therefore DIRECTED to file, by May 28, 2015, a Second Amended Joint Claim Construction and Prehearing Statement containing the signatures of counsel, in accordance with Local Rule 100. IT IS SO ORDERED. (JUDGE ALAN C KAY)(lls, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 216
NOTICE by Hawaiian Telcom, Inc. re #213 Order on Motion to Appear Pro Hac Vice,, Hawaiian Telcom, Inc.. (Attachments: #1 Certificate of Service)(Yamamoto, Randall)
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Filing 215
CERTIFICATE OF SERVICE by Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc. (Defendants Time Warner Cable Inc. and Oceanic Time Warner Cable LLCs Notice of Taking Deposition Upon Oral Examination Pursuant to Rule 30(b)(6) of the Federal Rules of Civil Procedure [Designated Representative of Broadband iTV, Inc.]) (Tobin, Brett)
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Filing 214
CERTIFICATE OF SERVICE by Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc. (Re: TWC 2nd Supplemental Rule 26(a) Initial Disclosures) (Tobin, Brett)
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Filing 213
ORDER GRANTING ED BAILEY'S APPLICATION TO APPEAR PRO HAC VICE re: #212 . Signed by MAGISTRATE JUDGE RICHARD L. PUGLISI on 5/20/2015. (afc) ED BAILEY, ESQ. (Maynard Cooper & Gale LLP) added as attorney pro hac vice for defendant Hawaiian Telcom, Inc. Local Counsel: Randall Y. Yamamoto, Esq. (Yamamoto Kim LLP) CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). All participants are registered to receive electronic notifications.
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Filing 212
MOTION for Pro Hac Vice re: W. Edward Bailey Filing fee $ 300, receipt number 0975-1553923. (Attachments: #1 Declaration)(Yamamoto, Randall)
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Filing 211
TRIAL BRIEF Defendants' Responsive Claim Construction Brief #174 . filed by Hawaiian Telcom, Inc., Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc.. (Attachments: #1 Declaration of Branko Gerovac, #2 Exhibit A (N2BB Wayback), #3 Exhibit B (Pitcher-Catcher Article), #4 Exhibit C (Spec 1.0), #5 Exhibit D (Spec 2.0), #6 Exhibit E (Spec 0.5), #7 Exhibit F (Spec 2.1), #8 Exhibit G (Spec 1.3), #9 Exhibit H (SC-VOD-Brochure), #10 Exhibit I (VOD), #11 Declaration of Robert E. Bugg, #12 Exhibit A (Definition of Access), #13 Exhibit B (Definition of Enable, #14 Certificate of Service)(Tobin, Brett)
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Filing 210
MEMORANDUM re #175 Trial Brief,, Memorandum in Response to #175 Defendants' Claim Construction Brief filed by Broadband iTV, Inc.. (Attachments: #1 Declaration of John Rhee, #2 Exhibit "A" - Declaration of David Wachob, #3 Exhibit "B" - CBM Exhibit, #4 Exhibit "C" - IPR Exhibit, #5 Exhibit "D" - Declaration of Sheila Hemami, #6 Certificate of Service)(Rhee, John)
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Filing 209
TRANSCRIPT of Proceedings (DEFT HAWAIIAN TELCOMS M/STAY PENDING COVERED BUSINESS METHOD REVIEW OF U.S. PATENT NO. 7,631,336 #84 ; DEFTS OCEANIC TIME WARNER CABLE, INC.'S M/JOINDER #96 ) held on 2/12/15 - before Judge ALAN C. KAY. Court Reporter Cynthia Fazio, Telephone number 808.541.2063. Transcript may be viewed at the court public terminal or ordered through the Court Reporter before the deadline for Release of Transcript. Remote availability of electronic transcripts is regulated by FRCP 5.2(a),FRCrP 49.1(a) and FRBP 9037(a) Redaction Request due 6/5/2015. Redacted Transcript Deadline set for 6/15/2015. Release of Transcript Restriction set for 8/13/2015. (29 pp.) (cf@hid.uscourts.gov)
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Filing 208
CERTIFICATE OF SERVICE by Broadband iTV, Inc. Plaintiff Broadband iTV's Answer to Defendant Hawaiian Telcom, Inc.'s Second Request for Answers to Interrogatories to Plaintiff Broadband iTV, Inc. (Rhee, John)
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Filing 207
CERTIFICATE OF SERVICE by Broadband iTV, Inc. Plaintiff Broadband iTV's Answer to Defendant Hawaiian Telcom, Inc.'s Second Request for Production of Documents to Plaintiff Broadband iTV, Inc. (Rhee, John)
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Filing 206
ORDER GRANTING ALEXANDRA DRURY'S APPLICATION TO APPEAR PRO HAC VICE re #197 , #201 - Signed by MAGISTRATE JUDGE RICHARD L. PUGLISI on 5/15/2015. (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 205
CERTIFICATE OF SERVICE by Broadband iTV, Inc. Plaintiff Broadband iTV, Inc.'s Notice of Taking Deposition Upon Oral Examination Pursuant to Rule 30(b)(6) of the Federal Rules of Civil Procedure (Designated Representative of Digital Media Xchange Inc. and Designated Representative of iN DEMAND L.L.C.) (Rhee, John)
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Filing 204
ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF'S EMERGENCY SECOND MOTION TO AMEND #57 RULE 16 SCHEDULING ORDER FILED JULY 22, 2014, AND AMENDED BY #165 STIPULATION AND ORDER ON APRIL 16, 2015 re #193 - Signed by MAGISTRATE JUDGE RICHARD L. PUGLISI on 5/15/2015. "Based on the foregoing, the Court GRANTS IN PART AND DENIES IN PART Plaintiff's Emergency Second Motion to Amend #57 Rule 16 Scheduling Order Filed July 22, 2014, and Amended by Stipulation #165 and Order on April 16, 2015, and continues the expert disclosure deadlines as follows: Opening expert reports on burden of proof issues are due May 26, 2015; Rebuttal expert reports and reports on non-burden of proof issues are due June 30, 2015; Reply expert reports are due July 14, 2015." (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 203
REPLY re #193 Plaintiff's Emergency Second MOTION to Amend/Correct #57 Rule 16 Scheduling Order filed July 22, 2014, and Amended by #165 Stipulation and Order on April 16, 2015 filed by Broadband iTV, Inc.. (Attachments: #1 Declaration of John D. Simmons, #2 Certificate of Service)(Rhee, John)
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Filing 202
EO: Pursuant to Local Rule 7.2(d), the Court elects to decide #200 Defendants Time Warner Cable Inc. and Oceanic Time Warner Cable LLC's Motion to Compel without a hearing. Briefing shall be in accordance with Local Rule 7.4. (MAGISTRATE JUDGE RICHARD L. PUGLISI)(agh)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 201
Application re #197 MOTION for Pro Hac Vice re: Alexandra Drury Filing fee $ 300, receipt number 0975-1551798. Amended. (Attachments: #1 Declaration)(Yamamoto, Randall)
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Filing 200
MOTION to Compel Brett R. Tobin appearing for Defendants Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc. (Attachments: #1 Memorandum, #2 Declaration of Counsel (Brett R. Tobin), #3 Exhibit 1 - 4-29-15 Letter from J. Simmons to N. Brown, #4 Exhibit 2 - 11-28-14 Letter from N. Brown to J. Simmons, #5 Exhibit 3 - 12-17-14 Letter from J. Simmons to N. Brown, #6 Exhibit 4 - BBiTV Production Cover Letters, #7 Exhibit 5 - 4-17-15 Letter from N. Brown to J. Simmons, #8 Exhibit 6 - 5-6-15 Letter from A. Langsam to J. Simmons, #9 Certificate of Compliance, #10 Certificate of Service)(Tobin, Brett)
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Filing 199
CERTIFICATE OF SERVICE by Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc. re #198 Memorandum in Opposition to Motion,, (Defendants Time Warner Cable Inc. and Oceanic Time Warner Cable LLC's Memorandum in Opposition to Plaintiff's Emergency Second Motion to Amend Rule 16 Scheduling Order Filed July 22, 2014, and Amended By Stipulation and Order on April 16, 2015) (Tobin, Brett)
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Filing 198
MEMORANDUM in Opposition re #193 Plaintiff's Emergency Second MOTION to Amend/Correct #57 Rule 16 Scheduling Order filed July 22, 2014, and Amended by #165 Stipulation and Order on April 16, 2015 filed by Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc.. (Attachments: #1 Declaration of Nathan L. Brown, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Certificate of Service)(Tobin, Brett)
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Filing 197
MOTION for Pro Hac Vice re: Alexandra Drury Filing fee $ 300, receipt number 0975-1551798. (Attachments: #1 Declaration)(Yamamoto, Randall)
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Filing 196
MEMORANDUM in Opposition to #193 Plaintiff Broadband iTV's Motion to Amend #57 Rule 16 Scheduling Order filed by Hawaiian Telcom, Inc.. (Attachments: #1 Certificate of Service)(Yamamoto, Randall) Modified on 5/15/2015 to add linkage to underlying motion (emt, ).
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Filing 195
EO: The Court GRANTS #194 Plaintiff's Ex Parte Motion to Shorten Time on #193 Plaintiff's Emergency Second Motion to Amend Rule 16 Scheduling Order, elects to decide #193 Plaintiff's Emergency Second Motion to Amend Rule 16 Scheduling Order without a hearing, and directs briefing as follows: any opposition to #193 Plaintiff's Emergency Second Motion to Amend #57 Rule 16 Scheduling Order shall be filed no later than 12:00 p.m. on 5/14/15; any reply shall be filed no later than 9:00 a.m. on 5/15/15. The deadlines for exchanging expert reports is suspended until the Court issues its decision on #193 Plaintiff's Emergency Second Motion to Amend Rule 16 Scheduling Order. (MAGISTRATE JUDGE RICHARD L. PUGLISI)(agh)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 194
Plaintiff's Ex Parte MOTION to Shorten Time to hear Motion re #193 MOTION to Amend/Correct #57 Rule 16 Scheduling Order filed July 22, 2014, and Amended by #165 Stipulation and Order on April 16, 2015 John S. Rhee appearing for Plaintiff Broadband iTV, Inc. (Attachments: #1 Declaration of John Rhee, #2 Certificate of Service)(Rhee, John) Modified on 5/13/2015 (emt, ).
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Filing 193
Plaintiff's Emergency Second MOTION to Amend/Correct #57 Rule 16 Scheduling Order filed July 22, 2014, and Amended by #165 Stipulation and Order on April 16, 2015 John S. Rhee appearing for Plaintiff Broadband iTV, Inc. (Attachments: #1 Memorandum of Points and Authorities in Support of Emergency Motion, #2 Declaration of John Rhee, #3 Exhibit A - Email Thread from April 28-30 2015, #4 Exhibit B - Letter dated May 11 2015, #5 Exhibit C - Letter to Sasha Rao dated May 8 2015, #6 Exhibit D - Email dated May 12 2015 from HT Counsel, #7 Certificate of Service)(Rhee, John) Modified on 5/13/2015 (emt, ).
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Filing 192
EO: The Court is in receipt of Plaintiff's counsel's letter requesting an immediate telephone status conference. See ECF No. #191 . The Court is unable to accommodate Plaintiff's counsel's request. If the parties are unable to agree regarding a continuance of upcoming deadlines, the Court directs Plaintiff to file the appropriate motion and application to shorten time. (MAGISTRATE JUDGE RICHARD L. PUGLISI)(agh)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 191
Letter dated May 11, 2015 from John Rhee, Esq. addressed to U.S. Magistrate Judge Richard L. Puglisi. Letter requesting telephone status conference. (afc)
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Filing 190
EO: Pursuant to Local Rule 7.2(d), the Court elects to decide #189 Motion for Sanctions Under F.R.C.P. 37(c) without a hearing. Briefing shall be in accordance with Local Rule 7.4. (MAGISTRATE JUDGE RICHARD L. PUGLISI)(agh)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 189
MOTION for Sanctions UNDER F.R.C.P. 37(C), John S. Rhee appearing for Plaintiff Broadband iTV, Inc. (Attachments: #1 Memorandum in Support of Motion, #2 Declaration of John D. Simmons, #3 Declaration of David J. Harkavy, #4 Exhibit 1 - CV of David J. Harkavy, CPA, CFF, #5 Exhibit 2 - List of Requested Information, #6 Declaration of John Rhee, #7 Exhibit A - Correspondence between Counsel for BBiTV and Time Warner Defendants from 10/16/2014 through 4/23/2015, #8 Exhibit B - 05/15/2015 Ltr from F. Tecce to D. Reisner, #9 Exhibit C - 05/04/2015 Ltr from F. Tecce to D. Reisner, #10 Certificate of Service)(Rhee, John)
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Filing 188
NOTICE by Broadband iTV, Inc. re #180 MOTION for Sanctions UNDER F.R.C.P. 37(C), OF WITHDRAWAL WITHOUT PREJUDICE, Broadband iTV, Inc.. (Attachments: #1 Certificate of Service)(Rhee, John)
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Filing 187
CERTIFICATE OF SERVICE by Hawaiian Telcom, Inc. re: Defendant Hawaiian Telcom, Inc.'s Supplemental Fed.R.Civ.P. 26(a)(1)(A) Initial Disclosures (Yamamoto, Randall)
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Filing 186
CERTIFICATE OF SERVICE by Broadband iTV, Inc. Plaintiff Broadband iTV, Inc.'s Notice of Taking Continued Deposition Upon Oral Examination Pursuant to Rule 30(b)(6) of the Federal Rules of Civil Procedure (Designated Representative of Hawaiian Telcom, Inc.) (Rhee, John)
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Filing 185
EP: Telephonic Status Conference held on 5/5/2015. Discussion held re: setting a settlement conference before Judge Puglisi. Counsel shall contact their clients and inform Judge Puglisi's chambers by 5/08/2015. (Court Reporter In chambers - not reported) Associated Cases: 1:14-cv-00169-ACK-RLP, 1:15-cv-00131-ACK-RLP(MAGISTRATE JUDGE RICHARD L. PUGLISI)(mrf)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 184
EO:A technology tutorial and claim construction hearing are scheduled in this case for June 3-4, 2015. In order to facilitate the parties' presentations, the Court requests that the parties submit three (3) sets of courtesy copies of the following no later than 5/27/2015:1. Copies of any exhibits on which the parties wish to rely at the technology tutorial or claim construction hearing. These exhibits should include any documents attached to the parties claim construction briefs and should be submitted in three-ring binders with accompanying indexes. 2. Witness disclosure statements for any lay or expert witnesses that the parties wish to call. If relevant, such statements should attach copies of the witnesses curricula vitae or other supporting documents.IT IS SO ORDERED. (JUDGE ALAN C KAY)(lls, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 183
EO: A Telephonic Status Conference is set for 5/5/2015 at 09:00 AM before MAGISTRATE JUDGE RICHARD L. PUGLISI. The Court shall initiate the call. Associated Cases: 1:14-cv-00169-ACK-RLP, 1:15-cv-00131-ACK-RLP(MAGISTRATE JUDGE RICHARD L. PUGLISI)(mrf)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 182
CERTIFICATE OF SERVICE by Broadband iTV, Inc. [Plaintiff Broadband iTV, Inc.'s Objections and Answers to Defendants Oceanic Time Warner Cable LLC and Time Warner Cable Inc.'s Second Request for Answers to Interrogatories to Plaintiff] (Rhee, John)
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Filing 181
EO: Pursuant to Local Rule 7.2(d), the Court elects to decide #180 MOTION for Sanctions Under F.R.C.P. 37(c) without a hearing. Briefing shall be in accordance with Local Rule 7.4. (MAGISTRATE JUDGE RICHARD L. PUGLISI)(agh)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 180
MOTION for Sanctions UNDER F.R.C.P. 37(C), John S. Rhee appearing for Plaintiff Broadband iTV, Inc. (Attachments: #1 Memorandum in Support of Motion, #2 Declaration of John Simmons, #3 Declaration of John Rhee, #4 Exhibit A - 10/16/2014 Letter, #5 Exhibit B - 10/24/2014 Letter, #6 Exhibit C - 10/24/2014 and 10/28/2014 Letter, #7 Exhibit D - 11/10/2014 Letter, #8 Exhibit E - 12/17/2014 Letter, #9 Exhibit F - 3/09/2015 - 03/11/201 Email Thread, #10 Exhibit G - 04/01/2015 Letter, #11 Exhibit H - 04/22/201 Email Exchange, #12 Exhibit I - 4/21/2015 - 4/23/2015 Email Chain Between Parties, #13 Certificate of Service)(Rhee, John)
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Filing 179
CERTIFICATE OF SERVICE by Broadband iTV, Inc. [30(b)(6) Oral Depo of Designated Representative of Hawaiian Telcom, Inc.] (Rhee, John)
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Filing 178
CERTIFICATE OF SERVICE by Broadband iTV, Inc. [Re: 30(b)(6) Oral Depo Examination of Designated Representative of Comcast Wholesale] (Rhee, John)
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Filing 177
ORDER GRANTING TIFFANY R. MOSELEY'S APPLICATION TO APPEAR PRO HAC VICE re: #176 . Signed by MAGISTRATE JUDGE RICHARD L. PUGLISI on 4/24/2015. ~ TIFFANY R. MOSELEY (Kaye Scholer LLP) added as attorney pro hac vice for defendants Time Warner Cable Inc. and Oceanic Time Warner Cable LLC. (afc) CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications will be served by first class mail on the date of this docket entry.
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Filing 176
MOTION for Pro Hac Vice [Tiffany R. Moseley] Filing fee $ 300, receipt number 0975-1542328. (Attachments: #1 Declaration of Counsel - Tiffany R. Moseley)(Munger, Lisa) (Additional attachment(s) added on 9/3/2015: # 2 Main Document) (bbb, ).
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Filing 175
TRIAL BRIEF [Defendants' Claim Construction Brief]. filed by Hawaiian Telcom, Inc., Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc.. (Attachments: #1 Declaration of Robert E. Bugg, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Declaration of Branko Gerovac, #6 Exhibit 1, #7 Exhibit 2, #8 Exhibit 3, #9 Exhibit 4, #10 Exhibit 5, #11 Exhibit 6, #12 Exhibit 7, #13 Exhibit 8, #14 Exhibit 9, #15 Exhibit 10, #16 Exhibit 11, #17 Certificate of Service)(Tobin, Brett)
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Filing 174
MEMORANDUM IN SUPPORT OF PLAINTIFF BROADBAND iTV, INC.'S CLAIM CONSTRUCTION, filed by Broadband iTV, Inc.. (Attachments: #1 Declaration of John Rhee, #2 Exhibit A - US Patent 7,631,336 B2 "Method For Converting Navigating & Displaying Video Content Uplocaded from the Internet to a Digital TV Video-On-Demand Platform", #3 Exhibit B, Part 1 of 5 - Prosecution HIstory of US Patent 7590997, #4 Exhibit B, Part 2 of 5, #5 Exhibit B, Part 3 of 5, #6 Exhibit B, Part 4 of 5, #7 Exhibit B, Part 5 of 5, #8 Exhibit C, Part 1 of 4 - Prosecution History of US Patent 7631336, #9 Exhibit C, Part 2 of 4, #10 Exhibit C, Part 3 of 4, #11 Exhibit C, Part 4 of 4, #12 Exhibit D - Second Amended Joint Claim Chart of Disputed Terms and Phrases, #13 Exhibit E - Selected Pages of Webster's Encyclopedic Unabridged Dictionary of the English Language, #14 Exhibit F - US Patent 7,590,997 B2 "System & Method for Managing, Converting & Displaying Video Content on a Video-On-Demand Platform, Including Ads...", #15 Exhibit G - Merriam Webster Online Discovery defining "Platform", #16 Exhibit H - Annotated Version of Claim 1 of the '336 Patent, #17 Certificate of Word Count, #18 Certificate of Service)(Rhee, John)
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Filing 173
***Civil case 15-00131-ACK-RLP associated with LEAD case: 1:14-cv-00169-ACK-RLP. Reference: Minute order, doc. no. #172 in the instant case, and doc no. (168) in Civil case 15-00131-ACK-RLP. All pleadings in Civil nos. 14-00169-ACK-RLP and 15-00131 ACK-RLP shall be filed and docketed in Civil no. 14-00169-ACK-RLP, until the Court directs otherwise. (afc) CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry.
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Filing 172
EO:Pursuant to the Stipulation and Order regarding Defendants Time Warner Cable, Inc. and Oceanic Time Warner Cable, LLC's Motion to Sever for Misjoinder, ECF No. 164, the Court assigned a new docket number (Civ. No. 15-00131 ACK-RLP) to the severed case against Defendants Time Warner Cable, Inc. and Time Warner Cable, LLC ("TWC"). However, the severed case against TWC remains consolidated with the instant case for all pre-trial purposes, including claim construction. See ECF No. 164 at 2. Accordingly, all pleadings in Civ. Nos. 15-00131 ACK-RLP and 14-00169 ACK-RLP shall continue to be filed and docketed in the original case, Civ. No. 14-00169 ACK-RLP, until the Court directs otherwise. An entry shall be made in the docket of Civ. No. 15-00131 ACK-RLP confirming the foregoing. At an appropriate time following claim construction, the Court will issue an order directing pleadings to be filed and docketed in the separate cases. IT IS SO ORDERED. (JUDGE ALAN C KAY)(lls, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 171
EO: The Court is in receipt of #166 Plaintiff's letter dated April 17, 2015, requesting a conference prior to the April 22, 2015, claim construction briefing deadline, and Defendants Oceanic Time Warner Cable LLC and Time Warner Cable Inc.'s letter response #170 . Given the timing of the request and Magistrate Judge Richard L. Puglisi's unavailability due to travel for a conference, the Court is unable to accommodate Plaintiff's request for a conference. See ECF No. #155 . (MAGISTRATE JUDGE RICHARD L. PUGLISI)(agh)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 170
LETTER dated April 17, 2015 addressed to U.S. Magistrate Judge Richard L. Puglisi from Lisa Woods Munger, Esq., writing on behalf of defendants Oceanic Time Warner Cable LLC and Time Warner Cable Inc.; defendant Hawaiian Telcom, Inc. joins in the letter. Letter in response to #166 plaintiff's letter, and submitted with "the final version to this letter" (as attached). (Attachments: #1 Enclosure "Second Amended Joint Claim Construction and Prehearing Statement") (afc) [Letter also entered in the severed matter, case 1:15-cv-00131-ACK-RLP. The title of the case captioned by Office of the Clerk as "Broadband iTV, Inc. v. Time Warner Cable, Inc.; Oceanic Time Warner Cable, LLC."]
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Filing 169
CERTIFICATE OF SERVICE by Broadband iTV, Inc. [re: Plaintiff Broadband iTV's (1) Answer to Hawaiian Telcom First Request for Answers to Interrogatories to Plaintiff; and (2) Response to Defendant Hawaiian Telcom First Request for Production of Documents to Plaintiff] (Rhee, John)
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Filing 168
CERTIFICATE OF SERVICE by Hawaiian Telcom, Inc. re: Defendant Hawaiian Telcom, Inc.'s Second Request for Production of Documents to Plaintiff Broadband iTV, Inc. (Yamamoto, Randall)
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Filing 167
CERTIFICATE OF SERVICE by Hawaiian Telcom, Inc. re: Defendant Hawaiian Telcom, Inc.'s Second Request for Answers to Interrogatories to Plaintiff Broadband iTV, Inc. (Yamamoto, Randall)
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Filing 166
LETTER dated April 17, 2015 addressed to U.S. Magistrate Judge Richard L. Puglisi from John Rhee, Esq., writing on behalf of plaintiff Broadband iTV, Inc. Letter requesting a conference regarding the parties' proposed claim construction terms. (Attachments: #1 Enclosure "[T]he latest version of the Joint Claim Construction and Prehearing Statement proposed by the defendants on April 16") (afc)
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Filing 165
STIPULATION AND ORDER REGARDING PLAINTIFF'S FIRST MOTION TO AMEND #57 RULE 16 SCHEDULING ORDER FILED JULY 22, 2015 [DKT. #149 ]. Signed by MAGISTRATE JUDGE RICHARD L. PUGLISI on 4/16/2015. (afc)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 164
STIPULATION AND ORDER REGARDING DEFENDANTS TIME WARNER CABLE, INC. AND OCEANIC TIME WARNER CABLE, LLC's MOTION TO SEVER FOR MISJOINDER [DKT. #107 ]. Signed by JUDGE ALAN C KAY on 4/16/2015. Excerpt of Stipulation and Order: "Defendants TIME WARNER CABLE, INC. and OCEANIC TIME WARNER CABLE, LLC (collectively, "TWC"), HAWAIIAN TELCOM, INC. ("HTI"), and Plaintiff BROADBAND iTV, INC. ("BBiTV"), by their respective counsel, hereby agree and stipulate that Plaintiff BBiTV will not oppose Defendant TWC's Motion to Sever for Misjoinder (Dkt. #107 ), in light of Defendants' representation that they would stipulate to be consolidated for discovery and claim construction, and further agree, subject to the Court's approval, as follows:Plaintiff's claims against Defendant TWC shall be severed pursuant to 35 U.S.C. 299. The original case against Defendant HTI and the severed case against Defendant TWC (which will be assigned a new docket number) will be consolidated for all pre-trial purposes, including claim construction. Each Defendant, HTI and TWC, shall have separate trials on all issues." (afc)Clerk's notation:CV 15-00131-ACK-RLP is the new docket number for the severed case against defendants Time Warner Cable, Inc. and Oceanic Time Warner Cable, LLC. MOTIONS terminated: Motion to Sever, doc no. #107 and Motion for Joinder to the Motion to Sever, doc no. #132 . "The Court will remove from its calendar the hearing of April 20, 2015 on TWC's Motion to Sever...." CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 163
CERTIFICATE OF SERVICE by Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc. re O&Rs to Pltf's 2nd Set of Requests for PODs (Nos. 48-54) (Munger, Lisa)
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Filing 162
CERTIFICATE OF SERVICE by Hawaiian Telcom, Inc. re: Defendant Hawaiian Telcom, Inc.'s Responses to Plaintiff's Second Request for Production of Documents (48-54) (Yamamoto, Randall)
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Filing 161
CERTIFICATE OF SERVICE by Broadband iTV, Inc. re: Plaintiff Broadband iTV, Inc.'s Notice of 30(b)(6) Deposition - Time Warner (Rhee, John)
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Filing 160
CERTIFICATE OF SERVICE by Broadband iTV, Inc. re: Plaintiff Broadband iTV, Inc.'s Notice of Taking 30(b)(6) Deposition - Hawaiian Telcom (Rhee, John)
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Filing 159
Joinder re #158 Reply filed by Time Warner Cable, Inc., Oceanic Time Warner Cable, LLC filed by Hawaiian Telcom, Inc.. (Attachments: #1 Certificate of Service)(Yamamoto, Randall)
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Filing 158
REPLY re #107 MOTION to Sever for Misjoinder filed by Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc.. (Attachments: #1 Certificate of Service)(Tobin, Brett)
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Filing 157
STIPULATION AND PROTECTIVE ORDER; ATTACHMENT "A" TO THE AGREED PROTECTIVE ORDER CONFIDENTIAL AGREEMENT - Signed by MAGISTRATE JUDGE RICHARD L. PUGLISI on 4/9/2015. (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 156
CERTIFICATE OF SERVICE by Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc. [Defendant Time Warner Cable Inc.'s First Supplemental Objections and Responses to Plaintiff's Amended First Set of Interrogatories (Nos. 1-9)] (Tobin, Brett)
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Filing 155
EO:The Court is in receipt of correspondence from counsel for the Time Warner Defendants, dated April 7, 2015, requesting permission on behalf of all parties to exceed the word counts under Local Rule 7.5 for the parties' Opening Claim Construction Briefs and Responsive Claim Construction Briefs. Counsels letter indicates that the "number of terms in dispute and the presence of multiple parties" favors expanding the word limit. The purpose of claim construction is to resolve "disputed meanings and technical scope, to clarify and when necessary to explain what the patentee covered by the claims, for use in the determination of infringement." U.S. Surgical Corp. v. Ethicon, Inc., 103 F.3d Pursuant to the Court's Scheduling Order of July 22, 2014, the deadline for the parties' Opening Claim Construction Briefs is April 8, 2015. ECF No. #57 . The parties are reminded that requests to alter procedural requirements for briefs should typically be submitted further in advance of applicable deadlines. The parties Joint Claim Construction and Prehearing Statement, ECF No. #140 , indicates that the parties seek construction of as many as 23 terms or phrases and distinct subparts thereof, many of which are lengthy.1554, 1568 (Fed. Cir. 1997). District courts therefore "are not (and should not be) required to construe every limitation present in a patent's asserted claims." O2 Micro Intl Ltd. v. Beyond Innovation Tech. Co., Ltd., 521 F.3d 1351, 1362 (Fed. Cir. 2008). Consistent with the foregoing principles, district courts, including this Court, have limited the number of patent terms to be construed. See, e.g., Kowalski v. Anova Food, LLC et al., Civil No. 11-00795 HG-RLP, Dkt. 277, slip op. at 1 (D. Haw. Feb. 3, 2014) (ordering the parties to confer and agree to a list of no more than 14 proposed claim terms for construction); Hearing Components, Inc. v. Shure, Inc., Civil Action No. 9:07-cv-104, 2008 WL 2485426 * 1 (E.D. Tex. June 13, 2008) (denying the parties' motion to exceed page limitations and limiting the parties to 10 disputed claim terms for construction); IP Cleaning S.P.A. v. Annovi Reverberi, S.P.A., No. 08-cv-147-bbc, 2006 WL 5925609 * 1 (W.D. Wis. Oct. 27, 2006) (explaining that the court would construe no more than 16 terms for all parties, regardless of the number of patents or claims at issue); N.D. Cal. Patent Local Rule 4-3(c) (parties must jointly identify 10 terms for construction); N.D. Ill. Local Patent Rule 4.1(b) (parties must meet and confer and agree on no more than 10 terms or phrases for construction); see also Peter S. Menell et al., Patent Case Management Judicial Guide 2.1.1, 5.1.2.1.3 (Federal Judicial Center 2009) (discussing mechanisms for limiting the number of claim terms to construe).Consistent with the foregoing authorities and the Courts obligation to ensure a just, speedy, and inexpensive determination of this action, Fed. R. Civ. P. 1, the parties are DIRECTED to meet and confer and agree by April 15, 2015 to a list of no more than ten (10) proposed terms, without subparts, for claim construction in the instant case. To give the parties time to confer, the Court amends the Scheduling Order deadline for the parties' Opening Claim Construction Briefs as set forth below. In view of the Court's limitation of the number of proposed terms for construction (up to 10), the Court finds that the standard allowance for word counts under Local Rule 7.5 is adequate. The Court therefore declines the parties' request to file Opening Claim Construction Briefs and Responsive Claim Construction Briefs of greater length. If the parties are unable to agree on a list of 10 terms for construction prior to the Opening Claim Construction Brief deadline, they are DIRECTED to request a conference with Judge Puglisi in order to resolve the dispute. If, after the Claim Construction Hearing of June 4, 2015, the parties believe that further claim construction is warranted, they shall file a motion requesting such relief within ten (10) days. Such motion shall be limited to fifteen (15) pages. In addition, the Court takes this opportunity to amend the Scheduling Order deadline with respect to dispositive motions. The Court is of the position that such deadline should occur after, rather than before, the Courts Claim Construction Hearing. See Patent Case Management Judicial Guide 2.1.1.3 ("Claim construction is a critical predicate to the most common summary judgment motions."). For the foregoing reasons and according to the Courts schedule, as well as to allow for adequate time to brief dispositive motions, if any, the Courts July 22, 2014 Scheduling Order, ECF No. #57 , is AMENDED as follows: Event Deadline-Parties to file opening claim construction briefs and declarations-April 22, 2015, Technology Tutorial-June 3, 2015 (1/2 day)Claim Construction Hearing-June 4, 2015 (1/2 day),Close of discovery-July 31, 2015 Deadline for filing dispositive motions August 10, 2015, Hearing on dispositive motions (if filed)-September 14, 2015, Final Pretrial Conference before Judge Kay-November 12, 2015 at 10:00 a.m., Jury Trial-December 1, 2015, 9:00 a.m.The other deadlines as set forth in the Courts July 22, 2014 Scheduling Order remain the same, with the exception that the deadlines for pretrial submissions (on and following September 15, 2015) will be amended by a subsequent Order of the Court. This Order does not affect the scheduling of the upcoming hearing on the Time Warner Defendants Motion to Sever for Misjoinder, ECF No. #107 , which shall be heard as scheduled on April 20, 2015. IT IS SO ORDERED. (JUDGE ALAN C KAY)(lls, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 154
Additional Exhibits to #153 Statement (Exhibit A to Attachment to Amended Joint Claim Construction and Prehearing Statement) filed by Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc.. (Attachments: #1 Exhibit A, #2 Certificate of Service)(Tobin, Brett)
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Filing 153
STATEMENT (Amended Joint Claim Construction and Prehearing Statement) filed by Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc.. (Attachments: #1 Attachment, #2 Certificate of Service)(Tobin, Brett)
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Filing 151
EO: The Court GRANTS #150 Plaintiff's Motion to Shorten Time Regarding #149 Plaintiff's Motion to Amend #57 Scheduling Order. Opposition to #149 shall be filed no later than 4/15/15; reply shall be filed no later than 4/17/15. (MAGISTRATE JUDGE RICHARD L. PUGLISI)(agh)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 150
Ex Parte MOTION to Shorten Time to hear Motion re #149 First MOTION to Amend/Correct #57 Scheduling Order, Filed July 22, 2014, John S. Rhee appearing for Plaintiff Broadband iTV, Inc. (Attachments: #1 Declaration of John Rhee, #2 Exhibit A - Email Thread dated 4/06/15 evidencing agreement among counsel re briefing schedule, #3 Certificate of Service)(Rhee, John)
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Filing 149
First MOTION to Amend/Correct #57 Scheduling Order, Filed July 22, 2014, John S. Rhee appearing for Plaintiff Broadband iTV, Inc. (Attachments: #1 Memorandum of Points and Authorities in Support of Motion, #2 Declaration of John Rhee, #3 Exhibit A - 3/20/15 Ltr from Donna Baker to John Simmons re production, #4 Exhibit B - Email Thread dated 4/02/15 through 4/05/15, #5 Exhibit C - 3/09/15 Email from John Simmons to Nathan Brown, #6 Exhibit D - Email Thread dated 3/18/15 through 4/07/15, #7 Certificate of Service)(Rhee, John)
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Filing 147
FIRST STIPULATION AND ORDER EXTENDING TIME FOR REPLY IN SUPPORT OF DEFENDANTS TIME WARNER CABLE, INC. AND OCEANIC TIME WARNER CABLE, LLC'S MOTION TO SEVER FOR MISJOINDER re: #107 Signed by JUDGE ALAN C KAY on 4/6/2015. (afc) The deadline for Time Warner and HTI to submit a reply memorandum in support of Defendants Time Warner Cable Inc. and Oceanic Time Warner Cable LLC's Motion to Sever for Misjoinder is extended from April 6, 2015 to and including April 9, 2015. CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). All participants are registered to receive electronic notifications.
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Filing 146
EO: The Court is in receipt of correspondence from Plaintiff's counsel, dated April 1, 2015, informing the Court of the decision of the U.S. Patent and Trademark Offices Patent Trial and Appeal Board ("PTAB") denying the petition for Covered Business Method patent review filed by Defendant Hawaiian Telcom, Inc. In view of the PTAB's decision, the Court has no reason to enter a stay in this case. Pursuant to the Court's Scheduling Order of July 22, 2014, ECF No. 57, a technology tutorial and claim construction hearing were scheduled for June 11 and 12, 2015 at 9:00 a.m. However, the Court will be closed on June 11, 2015 in observance of the Kamehameha holiday. Accordingly, and in view of the Court's schedule, the technology tutorial is CONTINUED to July 23, 2015 at 9:00 a.m., and the claim construction hearing is CONTINUED to July 24, 2015 at 9:00 a.m. The hearing on the Time Warner Defendants' Motion to Sever for Misjoinder, ECF No. 107, will be held on April 20, 2015 as scheduled. All other deadlines contained in the Court's July 22, 2014 Scheduling Order remain unchanged. IT IS SO ORDERED. (JUDGE ALAN C KAY)(lls, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 145
CERTIFICATE OF SERVICE by Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc. re TWC 2nd Request for Answers to Interrogatories to Plaintiff (Tobin, Brett)
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Filing 144
MEMORANDUM in Opposition re #107 MOTION to Sever for Misjoinder filed by Broadband iTV, Inc.. (Attachments: #1 Declaration of John Rhee, #2 Exhibit A - Declaration of Milton Diaz Perez, #3 Exhibit B - CableLabs Video-On-Demand Content 1.0 Specification, #4 Certificate of Service)(Rhee, John)
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Filing 143
CERTIFICATE OF SERVICE by Hawaiian Telcom, Inc. re: Defendant Hawaiian Telcom, Inc.'s First Supplemental Responses to Plaintiff's Interrogatories Nos. 1 and 3 (Yamamoto, Randall)
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Filing 142
Errata re #140 Statement, Joint Claim Construction and Prehearing. (Attachments: #1 Attachment, #2 Certificate of Service)(Tobin, Brett)
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Filing 141
ADVISORY ENTRY: Clerk's Advisory Notice (as attached) re: March 20, 2015 e-filing on behalf of defendants Oceanic Time Warner Cable, LLC and Time Warner Cable, Inc., docket entry no. #140 . (afc)
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Filing 140
STATEMENT (Joint Claim Construction and Prehearing Statement filed by Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc.. (Tobin, Brett) PDF-Attachment added on 3/24/2015. This attachment represents the 6th through the 25th pages of the instant filing. The attachment is appended for purposes of readily viewing or referencing this portion of the filing. #1 Joint Claim Construction Chart. (afc)
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Filing 139
EO: The Court has carefully reviewed the parties' letter briefs regarding whether Mr. Alston should be allowed access to discovery materials designated by Defendants as "Highly Confidential" pursuant to the parties' proposed protective order.Because of the fact-intensive inquiry required under the applicable case law, the Court declines to resolve this issue through letter briefing and invites the parties to file the appropriately supported motion. (MAGISTRATE JUDGE RICHARD L. PUGLISI)(agh)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 138
CERTIFICATE OF SERVICE by Hawaiian Telcom, Inc. re: Defendant Hawaiian Telcom, Inc.'s First Request for Answers to Interrogatories to Plaintiff Broadband iTV, Inc. (Yamamoto, Randall)
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Filing 137
CERTIFICATE OF SERVICE by Hawaiian Telcom, Inc. re: Defendant Hawaiian Telcom, Inc.'s First Request for Production of Documents to Plaintiff Broadband iTV, Inc. (Yamamoto, Randall)
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Filing 136
FIRST STIPULATION AND ORDER EXTENDING TIME FOR PARTIES TO FILE JOINT CLAIM CONSTRUCTION AND PREHEARING STATEMENT. Signed by JUDGE ALAN C KAY on 3/19/2015. Two day extension from 3/18/2015 to 3/20/2015 for parties to file their joint claim construction and prehearing statement. (afc)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 135
ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF'S MOTION TO COMPEL re: #110 . Signed by MAGISTRATE JUDGE RICHARD L. PUGLISI on 3/16/2015. (afc)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 134
CERTIFICATE OF SERVICE by Broadband iTV, Inc. (1) BBiTV's Second Request for Production of Docs to Def. Hwn Telcom Inc. & (2) BBiTV's 2nd Request for Production of Docs to Defs Time Warner Cable, Inc. & Time Warner Cable LLC (Rhee, John)
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Filing 133
ORDER GRANTING KEITH A. JONES' AMENDED APPLICATION TO APPEAR PRO HAC VICE re #128 , #131 - Signed by MAGISTRATE JUDGE RICHARD L. PUGLISI on 3/10/2015. (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 132
MOTION for Joinder re #107 MOTION to Sever for Misjoinder Randall Y. Yamamoto appearing for Defendant Hawaiian Telcom, Inc. (Attachments: #1 Declaration of Ernest Villicana, #2 Exhibit 1, #3 Certificate of Service)(Yamamoto, Randall)
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Filing 131
Application re #128 MOTION for Pro Hac Vice of Keith A. Jones Filing fee $ 300, receipt number 0975-1518609. . (Attachments: #1 Declaration of Keith A. Jones, #2 Certificate of Service)(Alston, Paul)
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Filing 130
CERTIFICATE OF SERVICE by Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc. re Defendants' Joint Preliminary Claim Construction Position, Identification of Supporting Evidence, and Identification of Expert Witnesses on Claim Construction (Tobin, Brett)
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Filing 129
CERTIFICATE OF SERVICE by Broadband iTV, Inc. Re Plaintiff's Preliminary Claim Construction Positions & Supporting Evidence (Rhee, John)
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Filing 128
MOTION for Pro Hac Vice of Keith A. Jones Filing fee $ 300, receipt number 0975-1518609.Paul Alston appearing for Plaintiff Broadband iTV, Inc. (Attachments: #1 Certificate of Service)(Alston, Paul)
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Filing 127
REPLY re #110 MOTION to Compel , in Support, filed by Broadband iTV, Inc.. (Attachments: #1 Declaration of Milton Diaz Perez, #2 Certificate of Service)(Rhee, John)
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Filing 126
CERTIFICATE OF SERVICE by Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc. re Defendants' Joint Preliminary Invalidity Contentions (Tobin, Brett)
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Filing 125
CERTIFICATE OF SERVICE by Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc. re Defendants' Identification of Claim Terms for Construction (Tobin, Brett)
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Filing 124
CERTIFICATE OF SERVICE by Broadband iTV, Inc. Re Plaintiff's Proposed Claim Terms for Construction (Rhee, John)
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Filing 123
ORDER DENYING THE MOTION FOR STAY OF DEFENDANT HAWAIIAN TELCOM, INC. AND ENTERING A STAY CONDITIONALLY UPON THE INSTITUTION OF COVERED BUSINESS METHOD REVIEW BY THE PATENT TRIAL AND APPEAL BOARD. re: #84 , #96 Signed by JUDGE ALAN C KAY on 2/17/2015. (afc) Written order follows hearing held 2/12/2015 on Motions #84 , #96 . Minutes of hearing: doc. no. #120 . CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 122
MEMORANDUM in Opposition re #110 MOTION to Compel filed by Hawaiian Telcom, Inc.. (Attachments: #1 Declaration of Brandon H. Stroy, #2 Exhibit 1 to Stroy Declaration, #3 Exhibit 2 to Stroy Declaration, #4 Exhibit 3 to Stroy Declaration, #5 Exhibit 4 to Stroy Declaration, #6 Exhibit 5 to Stroy Declaration, #7 Exhibit 6 to Stroy Declaration, #8 Exhibit 7 to Stroy Declaration, #9 Exhibit 8 to Stroy Declaration, #10 Exhibit 9 to Stroy Declaration, #11 Exhibit 10 to Stroy Declaration, #12 Exhibit 11 to Stroy Declaration, #13 Declaration of Ernest Villicana, #14 Exhibit 1 to Villicana Declaration)(Rao, Sasha)
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Filing 121
CERTIFICATE OF SERVICE by Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc. (Re: Defendants Time Warner Cable Inc. and Oceanic Time Warner Cable LLC's First Supplemental Rule 26(a) Initial Disclosures) (Tobin, Brett)
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Filing 120
EP: Motions' Hearing held on 2/12/2015-Defendant Hawaiian Telcom Inc.'s Motion to Stay pending covered business method review of U.S. Patent No. 7,631,336 [ECF No. 84] and Defendants Oceanic Time Warner Cable LLC and Time Warner Cable, Inc.'s Motion for Joinder re #84 motion to Stay pending covered Business MethodReview of U.S. Patent 7,631,336 [ECF No. 96] John Komeiji, Representative of Defendant Hawaiian Telcom Inc. is present. Discussion Held.Defendant Hawaiian Telcom Inc.'s Motion to Stay pending covered business method review of U.S. Patent No. 7, 631,336 is hereby DENIED. Court to issue a written Order.(Court Reporter Cynthia Fazio.) (JUDGE ALAN C KAY)(lls, )No COS issued for this docket entry
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Filing 119
FIRST STIPULATION AND ORDER EXTENDING TIME FOR DEFENDANTS TO SERVE INVALIDITY CONTENTIONS. Signed by JUDGE ALAN C KAY on 2/11/2015. (afc)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 118
FIRST STIPULATION EXTENDING TIME TO RESPOND TO PLAINTIFF'S MOTION TO COMPEL, FILED ON 1/12/2015 re #110 - Signed by JUDGE RICHARD L. PUGLISI on 1/22/2015. The parties agree to extend the deadline for Hawaiian Telcom to respond to the Motion to Compel until February 16, 2015. (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 116
EO: AMENDED MINUTE ORDER- Court hereby GRANTS a Letter Request Dated-1/21/2015 by Plaintiff requesting to continue Defendant Hawaiian Telcom Inc.'s MOTION TO STAY Pending Covered Business Method Review of U.S. Patent No. 7,631,336 [ECF NO. 84] and Defendants Oceanic Time Warner Cable LLC and Time Warner Cable, Inc's MOTION FOR JOINDER re #84 Motion to Stay Pending Covered Business Method Review of U.S. Patent 7,631,336 [ECF NO. 96] set for Court Hearing on Friday, 1/23/2015 before the Honorable Alan C. Kay. The Continued Court Hearing as to these Motions' set for Thursday, 2/12/2015 at 11:00 a.m. before the Honorable Alan C. Kay. IT IS SO ORDERED.. (JUDGE ALAN C KAY)(lls, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 115
EO: Court hereby GRANTS a Letter Request Dated-1/21/2015 by Plaintiff requesting to continue Defendant Hawaiian Telcom Inc.'s MOTION TO STAY Pending Covered Business Method Review of U.S. Patent No. 7,631,336 [ECF NO. 84], Defendants Oceanic Time Warner Cable LLC and Time Warner Cable, Inc's MOTION FOR JOINDER re #84 Motion to Stay Pending Covered Business Method Review of U.S. Patent 7,631,336 [ECF NO. 96] and Defendants Oceanic Time Warner Cable, LLC, and Time Warner Cable, Inc's MOTION TO SEVER for Misjoinder [ECF No. 107] set for Court Hearing on Friday, 1/23/2015 before the Honorable Alan C. Kay. The Continued Court Hearing as to these Motions' set for Thursday, 2/12/2015 at 11:00 a.m. before the Honorable Alan C. Kay. IT IS SO ORDERED.(JUDGE ALAN C KAY)(lls, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 114
Resubmission of #112 EXHIBIT to #109 Plaintiff's Local Rule 7.8 Submission Regarding #84 Defendants' Motion to Stay Pending Covered Business Method Review of U.S. Patent No. 7,631,336 [Resubmission of Exhibit] filed by Broadband iTV, Inc.. (Attachments: #1 Certificate of Service)(Rhee, John) Modified on 1/14/2015 (emt, ).
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Filing 113
EO: Pursuant to Local Rule 7.2(d), the Court elects to decide #110 MOTION to Compel without a hearing. Briefing shall be in accordance with Local Rule 7.4.(JUDGE RICHARD L. PUGLISI)(agh)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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CORRECTIVE ENTRY. The entry docket number #112 Additional Exhibits filed by Broadband iTV, Inc. was filed incorrectly in this case. The filing party may resubmit this entry, to include a caption cover page. The caption cover page should include counsel identification, the case number and a caption that describes the filing. (emt, )
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Filing 112
Additional Exhibits to #109 Response, Unified Patents IPR Decision, filed by Broadband iTV, Inc.. (Rhee, John) Modified on 1/14/2015 The filing party has resubmitted a corrected filing, to include a caption cover page -- refer to docket entry #114 "Resubmission of #112 Exhibit to #109 Plaintiff's Local Rule 7.8 Submission Regarding Defendants' Motion to Stay Pending Covered Business Method Review of U.S. Patent No. 7,631,336" (emt, ).
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Filing 111
NOTICE of Hearing on Motion #107 Defendants Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc. MOTION to Sever for Misjoinder set for Court Hearing on Monday, 4/20/2015 at 10:00 AM before JUDGE ALAN C KAY. (lls, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry.
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Filing 110
MOTION to Compel John S. Rhee appearing for Plaintiff Broadband iTV, Inc. (Attachments: #1 Memorandum in Support of Motion, #2 Declaration of John Rhee, #3 Exhibit A - 1/5/15 PTAB Decision, #4 Exhibit B - Plaintiff's Amended First Set of Interrogatories, #5 Exhibit C - Plaintiff's Amended First Request for Production of Documents, #6 Exhibit D - 10/16/14 Letter from J Simmons to C Shimada and R Yamamoto, #7 Exhibit E - 10/28/14 Letter from B Stroy to J Simmons, #8 Exhibit F - 10/28/14 Letter from J Simmons to B Stroy and N Brown, #9 Exhibit G - 10/31/14 Letter from J Simmons to B Stroy and N Brown, #10 Exhibit H - 11/17/14 Letter from J Simmons to B Stroy, #11 Errata I - Email Thread dated 12/10/14 through 12/15/14 among counsel, #12 Exhibit J - Email dated 12/14/14 from J Rhee to various counsel re telephonic meet and confer, #13 Exhibit K - 12/18/14 Letter from J Simmons to S Rao and B Stroy, #14 Exhibit L - Def HI Telcom's Resposnes to Plaintiff's First Set of Interrogatories, #15 Certificate of Complaince Pursuant to LR 37.1(B), #16 Certificate of Service)(Rhee, John)
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Filing 109
RESPONSE re #102 Memorandum in Opposition to Motion,,, #84 MOTION to Stay Pending Covered Business Method Review of U.S. Patent No. 7,631,336 [Plaintiff's Local Rule 7.8 Submission Regarding Defendants' Motion to Stay Pending Covered Business Method Review of U.S. Patent No. 7,631,336] filed by Broadband iTV, Inc.. (Attachments: #1 Certificate of Service)(Rhee, John)
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Filing 108
REPLY re #96 MOTION for Joinder re #84 MOTION to Stay Pending Covered Business Method Review of U.S. Patent No. 7,631,336 filed by Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc.. (Attachments: #1 Certificate of Service)(Munger, Lisa)
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Filing 107
MOTION to Sever for Misjoinder Lisa W. Munger appearing for Defendants Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc. (Attachments: #1 Table of Contents, #2 Table of Authorities, #3 Memorandum in Support of Motion, #4 Declaration of Counsel, #5 Exhibit A, #6 Exhibit B, #7 Certificate of Service)(Munger, Lisa)
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Filing 106
Defendants Oceanic Time Warner Cable LLC and Time Warner Cable Inc.'s ANSWER to #100 Amended Complaint, by Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc.. (Attachments: #1 Certificate of Service Certificate of Service)(Munger, Lisa)
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Filing 105
REPLY re #84 MOTION to Stay Pending Covered Business Method Review of U.S. Patent No. 7,631,336 filed by Hawaiian Telcom, Inc.. (Attachments: #1 Certificate of Word Count, #2 Certificate of Service)(Yamamoto, Randall)
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Filing 104
Defendant Hawaiian Telcom, Inc.'s ANSWER to #100 Amended Complaint, by Hawaiian Telcom, Inc.. (Attachments: #1 Certificate of Service)(Yamamoto, Randall)
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Filing 103
EO: #96 MOTION for Joinder re #84 MOTION to Stay Pending Covered Business Method Review of U.S. Patent No. 7,631,336 and #84 MOTION to Stay Pending Covered Business Method Review of U.S. Patent No. 7,631,336 set for Court Hearing on 1/22/2015 is hereby continued to 1/23/2015 at 11:00 a.m. before JUDGE ALAN C KAY. Judge Kay is on unavailable status on 1/22/2015. (JUDGE ALAN C KAY)(lls, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 102
MEMORANDUM in Opposition re #84 MOTION to Stay Pending Covered Business Method Review of U.S. Patent No. 7,631,336, #96 MOTION for Joinder re #84 MOTION to Stay Pending Covered Business Method Review of U.S. Patent No. 7,631,336 filed by Broadband iTV, Inc.. (Attachments: #1 Declaration of John Rhee, #2 Exhibit A - 10/16/14 Simmons Letter to Shimada and Yamamoto, #3 Exhibit B - 10/28/14 Stroy Letter to Simmons, #4 Exhibit C - 10/31/2014 Simmons Letter to Stroy and Brown, #5 Exhibit D - 11/14/14 Stroy Letter to Simmons, #6 Exhibit E - 11/17/14 Simmons Letter to Stroy, #7 Exhibit F - 12/10/14-12/15/14 Email thread among counsel, #8 Exhibit G - 12/15/14 Email from Rhee to various counsel, #9 Exhibit H - 12/18/14 Simmons Letter to Rao and Stroy, #10 Certificate of Service)(Rhee, John)
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Filing 101
FIRST STIPULATION AND ORDER EXTENDING TIME TO RESPOND TO AMENDED COMPLAINT - Signed by JUDGE ALAN C KAY. Time Warner Cable, Inc. and Oceanic Time Warner Cable, LLC (collectively "Time Warner") answer due 1/9/2015; Hawaiian Telcom, Inc. ("HTI") answer due 1/9/2015. (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 100
AMENDED COMPLAINT for Damages and Injunctive Relief against Hawaiian Telcom, Inc., Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc., filed by Broadband iTV, Inc.. (Attachments: #1 Exhibit "A" - US Patent No. 7,631,336 B2, #2 Exhibit "B" - VOD Affiliates of Comcast Media, #3 Certificate of Service)(Rhee, John)
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Filing 99
FIRST STIPULATION TO EXTEND DEADLINE TO FILE FIRST AMENDED COMPLAINT. Signed by JUDGE ALAN C KAY on 11/26/2014. Plaintiff's deadline to file its First Amended Complaint is extended seven (7) days, up to and including December 5. 2014. Related: #90 "Order granting Motion to Dismiss Plaintiff's Claims for Inducing Infringement pursuant to Rule 12(B)(6) and to Sever for Misjoinder under 35 U.S.C. 299," filed 10/30/2014, also granted leave for plaintiff to file an amended complaint "...should Plaintiff continue to pursue joinder of TWC and HTI in this case." (afc) CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 98
TRANSCRIPT of Proceedings held on 10-27-14, - before Judge ALAN C KAY. Court Reporter/Transcriber ANN B MATSUMOTO, Telephone number 808 521-1877. Transcript may be viewed at the court public terminal or ordered through the Court Reporter/Transcriber before the deadline for Release of Transcript. Remote availability of electronic transcripts is regulated by FRCP 5.2(a),FRCrP 49.1(a) and FRBP 9037(a) Redaction Request due 12/15/2014. Redacted Transcript Deadline set for 12/24/2014. Release of Transcript Restriction set for 2/23/2015. (Matsumoto, Ann)
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Filing 97
EO: #96 Defendants Oceanic Time Warner Cable LLC and Time Warner Cable Inc.'s MOTION for Joinder re #84 MOTION to Stay Pending Covered Business Method Review of U.S. Patent No. 7,631,336 set for Court Hearing on 1/22/2015 at 10:00 AM before JUDGE ALAN C KAY. (JUDGE ALAN C KAY)(lls, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 96
MOTION for Joinder re #84 MOTION to Stay Pending Covered Business Method Review of U.S. Patent No. 7,631,336 Brett R. Tobin appearing for Defendants Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc. (Attachments: #1 Certificate of Service)(Tobin, Brett)
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Filing 95
NOTICE by Hawaiian Telcom, Inc. of Withdrawal of Counsel Hawaiian Telcom, Inc.. (Attachments: #1 Certificate of Service)(Yamamoto, Randall)
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Filing 94
NOTICE of Dismissal Without Prejudice of All Claims as to Time Warner Entertainment Company, LP, Broadband iTV, Inc.. (Attachments: #1 Certificate of Service)(Rhee, John)
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Filing 93
CERTIFICATE OF SERVICE by Broadband iTV, Inc. Plaintiff's Response to Defendants Oceanic Time Warner Cable LLC & Time Warner Cable Inc.'s First Request for Production of Documents (Rhee, John)
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Filing 92
CERTIFICATE OF SERVICE by Broadband iTV, Inc. Plaintiff's Response to Defendants Oceanic Time Warner Cable LLC & Time Warner Cable Inc.'s First Request for Answers to Interrogatories (Rhee, John)
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Filing 91
WITHDRAWAL AND SUBSTITUTION OF COUNSEL FOR DEFENDANT HAWAIIAN TELCOM, INC. and ORDER. Signed by JUDGE RICHARD L. PUGLISI on 11/14/2014. CHARLENE S. SHIMADA and the firm of Bingham McCutchen LLP WITHDRAW as co-counsel for defendant HAWAIIAN TELCOM, INC. SASHA G. RAO and BRANDON H. STROY remain as co-counsel and continue their representation of Hawaiian Telcom, Inc., and the firm of MAYNARD COOPER & GALE LLP enters its appearance and substitution as co-counsel for said party. RANDALL Y. YAMAMOTO and YAMAMOTO KIM LLP remain as co-counsel for Defendant HAWAIIAN TELCOM, INC. (afc)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 90
ORDER GRANTING MOTION TO DISMISS PLAINTIFF'S CLAIMS FOR INDUCING INFRINGEMENT PURSUANT TO RULE 12(B)(6) AND TO SEVER FOR MISJOINDER UNDER 35 U.S.C. 299 re #46 , #62 , #83 - Signed by JUDGE ALAN C KAY on 10/30/2014. "Plaintiff's induced infringement claims are dismissed without prejudice and with leave to amend. Plaintiff has thirty (30) days from the issuance of this Order to file an amended complaint. If Plaintiff fails to do so, the Court will dismiss Plaintiffs induced infringement claims." "Further, the Court finds that, under the factual allegations presented in the instant Complaint, the claims against TWC should be severed from the claims against HTI. However, the Court grants Plaintiff leave to amend the Complaint should Plaintiff continue to pursue joinder of TWC and HTI in this case. Again, Plaintiff has thirty (30) days from the issuance of this Order to file an amended complaint." (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 89
NOTICE of Hearing on Motion #84 Defendant Hawaiian Telcom Inc.'s MOTION to Stay Pending Covered Business Method Review of U.S. Patent No. 7,631,336 set for Court Hearing on Thursday, 1/22/2015 at 10:00 AM before JUDGE ALAN C KAY. (lls, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry.
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Filing 88
SUPPLEMENT re #84 MOTION to Stay Pending Covered Business Method Review of U.S. Patent No. 7,631,336 filed by Hawaiian Telcom, Inc. by Hawaiian Telcom, Inc. Supplemental Declaration of Brandon H. Stroy. (Attachments: #1 Exhibit E, #2 Exhibit F, #3 Exhibit G, #4 Exhibit H, #5 Certificate of Service)(Yamamoto, Randall)
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Filing 87
EP:Motion Hearing held on 10/27/2014 Defendants Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc., and Time Warner Entertainment Company, LPs MOTION TO DISMISS for failure to State a Claim for Inducing Infringement/Motion to Sever Misjoinder [ECF No. 46] and Defendant Hawaiian Telcom, Inc.s MOTION for Joinder re #46 MOTION TO DISMISS for failure to state a Claim for Inducing Infringement [ECF No. 62]-Oral Discussion Held. The Motions' are hereby taken under advisement.(Court Reporter Ann Matsumoto.) (JUDGE ALAN C KAY)(lls, )No COS issued for this docket entry
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Filing 86
EO: The EO issued on 10/21/2014 85 setting #84 MOTION to Stay Pending Covered Business Method Review of U.S. Patent No. 7,631,336 as non-hearing is hereby VACATED. (JUDGE RICHARD L. PUGLISI)(agh)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 85
EO: Pursuant to Local Rule 7.2(d), the Court elects to decide #84 MOTION to Stay Pending Covered Business Method Review of U.S. Patent No. 7,631,336 without a hearing. Briefing shall be in accordance with Local Rule 7.4. (JUDGE RICHARD L. PUGLISI)(ajo)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 84
MOTION to Stay Pending Covered Business Method Review of U.S. Patent No. 7,631,336 Randall Y. Yamamoto appearing for Defendant Hawaiian Telcom, Inc. (Attachments: #1 Declaration of Brandon H. Stroy, #2 Exhibit "A", #3 Exhibit "B", #4 Exhibit "C", #5 Exhibit "D", #6 Certificate of Service)(Yamamoto, Randall)
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Filing 83
MOTION for Joinder re #82 REPLY in support of Motion to Dismiss and Motion to Sever Sasha G. Rao appearing for Defendant Hawaiian Telcom, Inc. (Rao, Sasha)
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Filing 82
REPLY re #46 MOTION to Dismiss for failure to State a Claim for Inducing Infringement MOTION to Sever Misjoinder filed by Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc., Time Warner Entertainment Company, LP. (Attachments: #1 Exhibit A (Declaration of Lester Chu), #2 Certificate of Service)(Tobin, Brett)
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Filing 80
CERTIFICATE OF SERVICE by Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc. re TWC First Request for Production of Documents to Plaintiff (Tobin, Brett)
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Filing 79
CERTIFICATE OF SERVICE by Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc. re TWC First Request for Answers to Interrogatories to Plaintiff (Tobin, Brett)
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Filing 78
EO: On 10/6/2014, Defendants Oceanic Time Warner Cable, LLC, Time Warner Cable Inc., and Time Warner Entertainment Company LP (collectively TWC") submitted a letter via email requesting that the Court allow TWC to file their reply brief on Tuesday, 10/14/2014. Plaintiff does not object to this request. Accordingly, the Court GRANTS TWC's request, and TWC's reply brief is now due by Tuesday, 10/14/2014. (JUDGE ALAN C KAY)(lls, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 77
MEMORANDUM in Opposition re #46 MOTION to Dismiss for failure to State a Claim for Inducing Infringement MOTION to Sever Misjoinder filed by Broadband iTV, Inc.. (Attachments: #1 Declaration of Milton Diaz Perez, #2 Exhibit A - Various Emails between BBiTV and Time Warner Reps, #3 Exhibit B - Chart of Target Prospect Universe Call Updates, #4 Exhibit C - IP Acquisition Opportunity Summary, #5 Certificate of Service)(Rhee, John)
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Filing 76
CERTIFICATE OF SERVICE by Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc., Time Warner Entertainment Company, LP re Time Warner Cable's Objections and Responses to Plaintiff's Amended First Set of Requests for Production (Nos. 1-47) (Tobin, Brett)
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Filing 75
CERTIFICATE OF SERVICE by Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc., Time Warner Entertainment Company, LP re Time Warner Cable's Objections and Responses to Plaintiff's Amended First Set of Interrogatories (Nos. 1-9) (Tobin, Brett)
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Filing 74
CERTIFICATE OF SERVICE by Hawaiian Telcom, Inc. re: Defendant Hawaiian Telcom, Inc.'s Responses to Plaintiff's First Set of Interrogatories (1-9) (Yamamoto, Randall)
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Filing 73
CERTIFICATE OF SERVICE by Hawaiian Telcom, Inc. re: Defendant Hawaiian Telcom, Inc.'s Responses to Plaintiff's First Request for Production of Documents (1-47) (Yamamoto, Randall)
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Filing 72
ORDER GRANTING NATHAN BROWN'S APPLICATION TO APPEAR PRO HAC VICE re #71 Motion to Appear Pro Hac Vice. Signed by JUDGE RICHARD L. PUGLISI on 09/08/2014. (eps)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 71
MOTION for Pro Hac Vice (Nathan Brown) Filing fee $ 300, receipt number 0975-1440345. (Attachments: #1 Declaration Nathan Brown)(Munger, Lisa)
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Filing 70
CERTIFICATE OF SERVICE by Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc., Time Warner Entertainment Company, LP Rule 26(a) Initial Disclosures (Tobin, Brett)
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Filing 69
CERTIFICATE OF SERVICE by Hawaiian Telcom, Inc. [Re: Hawaiian Telcom, Inc.'s Fed.R.Civ.P. 29(a)(1)(A) Initial Disclosures] (Hiyane, Brian)
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Filing 68
CERTIFICATE OF SERVICE by Broadband iTV, Inc. Initial Disclosures (Rhee, John)
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Filing 67
CERTIFICATE OF SERVICE by Broadband iTV, Inc. [Re: Plaintiff's Amended First Set of Interrogatories Directed to Defendant Hawaiian Telcom, Inc.] (Rhee, John)
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Filing 66
CERTIFICATE OF SERVICE by Broadband iTV, Inc. [Re: Plaintiff's Amended First Request for Production of Documents to Defendant Time Warner Cable, Inc.] (Rhee, John)
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Filing 65
CERTIFICATE OF SERVICE by Broadband iTV, Inc. [Re: Plaintiff's Amended First Request for Production of Documents to Defendant Hawaiian Telcom, Inc.] (Rhee, John)
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Filing 64
CERTIFICATE OF SERVICE by Broadband iTV, Inc. [Re: Plaintiff's Amended First Set of Interrogatories Directed to Defendant Time Warner Cable, Inc.] (Rhee, John)
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Filing 63
NOTICE of Hearing on Motion #62 Defendant Hawaiian Telcom, Inc.'s MOTION for Joinder re #46 MOTION to Dismiss for failure to State a Claim for Inducing Infringement set for Court Hearing on 10/27/2014 at 10:00 AM before JUDGE ALAN C KAY. (lls, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry.
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Filing 62
MOTION for Joinder re #46 MOTION to Dismiss for failure to State a Claim for Inducing Infringement MOTION to Sever Misjoinder Brian Y. Hiyane appearing for Defendant Hawaiian Telcom, Inc. (Attachments: #1 Certificate of Service)(Hiyane, Brian)
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Filing 61
CERTIFICATE OF SERVICE by Broadband iTV, Inc. First Set of Interrogatories Directed to Defendant Time Warner Cable, Inc. (Rhee, John)
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Filing 60
CERTIFICATE OF SERVICE by Broadband iTV, Inc. First Set of Interrogatories Directed to Defendant Hawaiian Telcom, Inc. (Rhee, John)
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Filing 59
CERTIFICATE OF SERVICE by Broadband iTV, Inc. First Request for Production of Documents to Defendant Time Warner Cable, Inc. (Rhee, John)
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Filing 58
CERTIFICATE OF SERVICE by Broadband iTV, Inc. First Request for Production of Documents to Defendant Hawaiian Telcom, Inc. (Rhee, John)
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Filing 57
SCHEDULING ORDER - Signed by JUDGE RICHARD L. PUGLISI on 7/21/2014. (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 56
EP: Rule 16 Scheduling Conference held on 7/21/2014. Rule 16 Scheduling Conference Order to be issued. Jury Selection/Trial is set for 09:00 AM on 11/3/2015 in Aha Kaulike before JUDGE ALAN C KAY. Final Pretrial Conference is set for 9/22/2015 at 09:00 AM in Chambers of Judge Richard L. Puglisi before JUDGE RICHARD L. PUGLISI. (Court Reporter not reported) (JUDGE RICHARD L. PUGLISI)(mrf)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 55
NOTICE of Appearance by Brett R. Tobin on behalf of Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc., Time Warner Entertainment Company, LP on behalf of Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc., Time Warner Entertainment Company, LP. (Attachments: #1 Certificate of Service)(Tobin, Brett)
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Filing 54
Scheduling Conference Statement of Defendants Oceanic Time Warner Cable, LLC, Time Warner Cable Inc. and Time Warner Entertainment Company, LP. (Attachments: #1 Certificate of Service)(Munger, Lisa)
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Filing 53
REPORT of Planning Meeting . (Attachments: #1 Certificate of Service)(Rhee, John)
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Filing 52
Scheduling Conference Statement for Plaintiff Broadband iTV, Inc.. (Attachments: #1 Certificate of Service)(Rhee, John)
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Filing 51
Scheduling Conference Statement . (Attachments: #1 Certificate of Service)(Hiyane, Brian)
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Filing 50
NOTICE of Hearing on Motion #46 Defendants Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc. and Time Warner Entertainment Company, LP'S MOTION to Dismiss for failure to State a Claim for Inducing Infringement/MOTION to Sever Misjoinder set for 10/27/2014 at 10:00 AM before JUDGE ALAN C KAY. (lls, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry.
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Filing 49
ORDER Granting #45 Daniel L. Reisner's Application to Appear Pro Hac Vice. Signed by JUDGE RICHARD L. PUGLISI on 7/10/14. (gab, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 48
NOTICE by Hawaiian Telcom, Inc. Notice of Name Change to Yamamoto Kim LLP Hawaiian Telcom, Inc.. (Attachments: #1 Certificate of Service)(Hiyane, Brian)
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Filing 47
Corporate Disclosure Statement by Time Warner Cable, Inc., Oceanic Time Warner Cable, LLC, Time Warner Entertainment Company, LP identifying Other Affiliate Time Warner Entertainment Company, L.P. for Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc., Time Warner Entertainment Company, LP.. (Attachments: #1 Certificate of Service)(Munger, Lisa)
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Filing 46
MOTION to Dismiss for failure to State a Claim for Inducing Infringement, MOTION to Sever Misjoinder Lisa W. Munger appearing for Defendants Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc., Time Warner Entertainment Company, LP (Attachments: #1 Memorandum in Support of Motion, #2 Certificate of Service)(Munger, Lisa)
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Filing 45
MOTION for Pro Hac Vice (Daniel L. Reisner) Filing fee $ 300, receipt number 0975-1413662. (Attachments: #1 Declaration Daniel L. Reisner)(Munger, Lisa)
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Filing 44
ORDER Granting #42 Aaron Stiefel's Motion to Appear Pro Hac Vice. Signed by JUDGE RICHARD L. PUGLISI on 7/8/14. (gab, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 43
Declaration re #42 MOTION for Pro Hac Vice - Aaron Stiefel Amended Declaration. (Munger, Lisa)
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Filing 42
MOTION for Pro Hac Vice - Aaron Stiefel (Attachments: #1 Declaration Declaration of Counsel - Aaron Stiefel)(Munger, Lisa) Filing fee $ 300, receipt number 0975-1412391. Modified on 7/8/2014 (gab, ).
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Filing 41
EO: Rule 16 Scheduling Conference set before Magistrate Judge Kevin S.C. Chang has been continued to 7/21/2014 before Magistrate Judge Richard L. Puglisi at 9:00AM on 7/21/2014. (JUDGE RICHARD L. PUGLISI)(tl, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 40
ORDER OF RECUSAL. JUDGE KEVIN S.C. CHANG recused. Case reassigned to Magistrate JUDGE RICHARD L. PUGLISI for all further proceedings. . Signed by JUDGE KEVIN S.C. CHANG on 6/27/14. Please reflect case number CV 14-00169 ACK-RLP on future submissions. (gab, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 39
ORDER Granting #37 Motion to Appear Pro Hac Vice - David S. Benyacar. Signed by JUDGE KEVIN S.C. CHANG on 6/18/14. (gab, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 38
Declaration re #37 MOTION for Pro Hac Vice (David S. Benyacar) Filing fee $ 300, receipt number 0975-1402999. . (Munger, Lisa)
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ADVISORY ENTRY Please be advised that Declaration of David S. Benyacar, Esq., attached to docket number #37 MOTION for Pro Hac Vice (David S. Benyacar) filed by Time Warner Entertainment Company, LP, Time Warner Cable, Inc., Oceanic Time Warner Cable, LLC does not contain a scanned image of the signature. LR100.5.2. states "An electronically filed document requiring the original, wet signature of an individual other than the CM/ECF user, such as an affidavit or declaration, must contain the original OR a scanned image of that individual's signature." The filing party may resubmit the docket entry, to include the scanned image of Mr. Benyacar's signature. The filing party may select "Declaration" found in the "Other Documents" category. (emt, )
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Filing 37
MOTION for Pro Hac Vice (David S. Benyacar) Filing fee $ 300, receipt number 0975-1402999.Lisa W. Munger appearing for Defendants Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc., Time Warner Entertainment Company, LP (Munger, Lisa)
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Filing 36
NOTICE of Appearance by Lisa W. Munger on behalf of Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc., Time Warner Entertainment Company, LP on behalf of Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc., Time Warner Entertainment Company, LP. (Attachments: #1 Certificate of Service)(Munger, Lisa)
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Filing 35
EO: Rule 16 Scheduling Conference set 8/29/14 shall be moved back to 9:00AM on 7/14/2014 before JUDGE KEVIN S.C. CHANG. Rule 16 Scheduling Conference statements due: 7/7/14. (JUDGE KEVIN S.C. CHANG)(sna, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 34
EO: At counsel's request, Rule 16 Scheduling Conference set 7/14/14 shall be continued to 09:00AM on 8/29/2014 before JUDGE KEVIN S.C. CHANG. Rule 16 Scheduling Conference statements due: 8/22/14. Brian Hiyane to notify all parties. (JUDGE KEVIN S.C. CHANG)(sna, )No COS issued for this docket entry
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Filing 33
ORDER Granting #22 Application of Brandon H. Stroy to Appear Pro Hac Vice. Signed by JUDGE KEVIN S.C. CHANG on 5/21/14. (gab, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 32
ORDER Granting #21 Application of Sasha G. Rao to Appear Pro Hac Vice. Signed by JUDGE KEVIN S.C. CHANG on 5/21/14. (gab, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 31
SUMMONS Returned Executed by Broadband iTV, Inc.. Time Warner Entertainment Company, LP served on 4/30/2014, answer due 5/21/2014. (Attachments: #1 Certificate of Service)(Rhee, John)
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Filing 30
FIRST STIPULATION AND ORDER EXTENDING TIME TO RESPOND TO COMPLAINT - Signed by JUDGE KEVIN S.C. CHANG on 5/9/2014. (The deadline for Defendant Hawaiian Telcom, Inc. to answer or respond to Plaintiff's complaint is extended from May 7, 2014 to August 5, 2014.) (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry Modified on 5/12/2014 The case number should reflect CV 14-00169 ACK-KSC (emt, ).
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Filing 29
ORDER OF RECUSAL. CHIEF JUDGE SUSAN OKI MOLLWAY recused. Case reassigned to JUDGE ALAN C KAY for all further proceedings. PLEASE REFLECT NEW CASE NUMBER CV 14-00169 ACK-KSC ON ALL FURTHER FILINGS. Signed by CHIEF JUDGE SUSAN OKI MOLLWAY on 5/9/2014. (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 28
CERTIFICATE OF SERVICE by Hawaiian Telcom, Inc. re #21 APPLICATION to Appear Pro Hac Vice (Sasha G. Rao), #22 APPLICATION to Appear Pro Hac Vice (Brandon H. Stroy), #20 Notice of Appearance, #23 Corporate Disclosure Statement - (Amended Certificate of Service) (Hiyane, Brian)
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Filing 27
PHV Filing fee for Brandon H. Stroy, Esq. : $ 300, receipt number HI011729 re #22 APPLICATION to Appear Pro Hac Vice (Brandon H. Stroy) (emt, )
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Filing 26
PHV Filing fee for Sasha G. Rao, Esq. : $ 300, receipt number HI011730 re #21 APPLICATION to Appear Pro Hac Vice (Sasha G. Rao) (emt, )
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Filing 25
NOTICE of Appearance by Charlene S. Shimada on behalf of Hawaiian Telcom, Inc. on behalf of Hawaiian Telcom, Inc.. (Shimada, Charlene)
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ADVISORY ENTRY. Please be advised of the following: 1) #20 Notice of Appearance and #23 Corporate Disclosure Statements filed by Hawaiian Telcom, Inc. -- The Notice of Appearance and Corporate Disclosure Statement are signed "/s/ Charlene S. Shimada" but e-filed using the ECF Login of Brian Y. Hiyane. LR100.5.1. states "The name of the CM/ECF user under whose login and password the document is being electronically filed must be preceded by "/s/" and typed in the space where the signature otherwise would appear (e.g. /s/ John or Jane Lawyer)." The filing party may resubmit this Notice of Appearance using Charlene S. Shimada's ECF login. Additionally, the filing party may submit individual notices of appearance for each appearing attorney (notices should be signed by the specific attorney and e-filed using that attorney's ECF Login); 2) #21 APPLICATION to Appear Pro Hac Vice (Sasha G. Rao) and #22 APPLICATION to Appear Pro Hac Vice (Brandon H. Stroy) -- The filing party is advised that, for future reference, it is preferred that Pro Hac Vice applications be entered as a "motion for pro hac vice". This docketing event is found in the "motions" category and will prompt the filing party to submit payment electronically. If the filing party has not already done so, payment may either be remitted to the Clerks Office OR payment may be done electronically by selecting "payment of fees" in the "other filings" category; 3) If the filing party has not already done so, the #24 Stipulation and Order Extending Time to Respond to Complaint filed by Hawaiian Telcom, Inc. may be submitted to Magistrate Judge Kevin S. C. Chang (chang_orders@hid.uscourts.gov) for consideration. The filing party may refer to LR100.8.1. Proposed Orders, LR100.8.2. E-mailing of Proposed Orders and Stipulations and LR100.8.3. E-mail addresses for order and stipulation submission to Chambers. (emt, )
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Filing 24
STIPULATION and [Proposed] Order Extending Time to Respond to Complaint by Hawaiian Telcom, Inc.. (Hiyane, Brian)
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Filing 23
Corporate Disclosure Statement by Hawaiian Telcom, Inc.. (Attachments: #1 Certificate of Service)(Hiyane, Brian)
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Filing 22
Application to Appear Pro Hac Vice - Brandon H. Stroy. (Attachments: #1 Declaration of Counsel)(Hiyane, Brian) Modified on 5/8/2014 to reflect as a "motion for pro hac vice" (emt, ).
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Filing 21
Application to Appear Pro Hac Vice - Sasha G. Rao. (Attachments: #1 Declaration of Counsel)(Hiyane, Brian) Modified on 5/8/2014 to reflect as a "motion for pro hac vice" (emt, ).
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Filing 20
NOTICE of Appearance by Brian Yukio Hiyane on behalf of Hawaiian Telcom, Inc. on behalf of Hawaiian Telcom, Inc.. (Attachments: #1 Certificate of Service)(Hiyane, Brian)
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Filing 19
ORDER GRANTING APPLICATIONS TO APPEAR PRO HAC VICE re #5 Motion to Appear Pro Hac Vice of Frederick A Tecce; re #6 Motion to Appear Pro Hac Vice re John D Simmons. Signed by JUDGE KEVIN S.C. CHANG on 04/24/2014. (eps)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 18
NOTICE of Appearance by John S. Rhee on behalf of Broadband iTV, Inc. on behalf of Broadband iTV, Inc.. (Rhee, John)
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Filing 17
SUMMONS Returned Executed by Broadband iTV, Inc.. Time Warner Cable, Inc. served on 4/17/2014, answer due 5/8/2014. (Alston, Paul)
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Filing 16
SUMMONS Returned Executed by Broadband iTV, Inc.. Hawaiian Telcom, Inc. served on 4/16/2014, answer due 5/7/2014. (Alston, Paul)
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Filing 15
SUMMONS Returned Executed by Broadband iTV, Inc.. Oceanic Time Warner Cable, LLC served on 4/15/2014, answer due 5/6/2014. (Alston, Paul)
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Filing 14
ORDER OF RECUSAL CHIEF JUDGE SUSAN OKI MOLLWAY for all further proceedings. Please reflect the following Civil Case Number CIV NO 14-00169 SOM-KSC on all further filings. . Signed by JUDGE LESLIE E. KOBAYASHI on 04/16/2014. (eps)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry Modified on 4/17/2014 (emt, ).
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Filing 13
Summons Issued as to Time Warner Entertainment Company, LP. (eps)
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Filing 12
Summons Issued as to Hawaiian Telcom, Inc.. (Attachments: #1 Summons (issued)Oceanic Time Warner Cable, LLC, #2 Summons (issued)Time Warner Cable, Inc., #3 Summons (issued)Time Warner Entertainment Company, LP)(eps )
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Filing 11
Summons (Proposed) (Alston, Paul)
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Filing 10
Summons (Proposed) (Alston, Paul)
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Filing 9
Summons (Proposed) (Alston, Paul)
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Filing 8
Summons (Proposed) (Alston, Paul)
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Filing 7
Corporate Disclosure Statement by Broadband iTV, Inc.. (Attachments: #1 Certificate of Service)(Alston, Paul)
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Filing 6
MOTION for Pro Hac Vice of John D. Simmons Filing fee $ 300, receipt number 0975-1371462.Paul Alston appearing for Plaintiff Broadband iTV, Inc. (Attachments: #1 Certificate of Service)(Alston, Paul)
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Filing 5
MOTION for Pro Hac Vice of Frederick A. Tecce Filing fee $ 300, receipt number 0975-1371460.Paul Alston appearing for Plaintiff Broadband iTV, Inc. (Attachments: #1 Certificate of Service)(Alston, Paul)
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Filing 4
CIVIL Waiver of Service Packet (Attachments: #1 Notice of a Lawsuit AO 398, #2 Waiver of Service AO 399)(eps)
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Filing 3
Order Setting Rule 16 Scheduling Conference for 09:00AM on 7/14/2014 before JUDGE KEVIN S.C. CHANG.. Signed by JUDGE SUSAN OKI MOLLWAY on 04/09/2014. (Attachments: #1 Memo re: Corporate Disclosure Statements)(eps)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry. ATTACH THE SCHEDULING ORDER AND MEMO Re: CORPORATE DISCLOSURE STATMENT TO THE INITIATING DOCUMENT (COMPLAINT/NOTICE OF REMOVAL). THE SCHEDULING ORDER MUST BE SERVED WITH THE DOCUMENT.
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Filing 2
NOTICE of Case Assignment: Please reflect Civil Case Number CIV 14-00169 LEK-KSC on all further filings. (eps)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry.
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Filing 1
COMPLAINT for Damages and Injunctive Relief against Hawaiian Telcom, Inc., Oceanic Time Warner Cable, LLC, Time Warner Cable, Inc., Time Warner Entertainment Company, LP ( Filing fee $ 400 receipt number 0975-1371261.), filed by Broadband iTV, Inc.. (Attachments: #1 Exhibit "1", #2 Demand for Jury Trial, #3 Civil Cover Sheet)(Alston, Paul)
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