Exegy Incorporated et al v. Activ Financial Systems, Inc.
| IP Reservoir, LLC and Exegy Incorporated |
| Activ Financial Systems, Inc. |
| 1:2019cv02858 |
| April 29, 2019 |
| US District Court for the Northern District of Illinois |
| John J Tharp |
| Patent |
| 28 U.S.C. § 1338 |
| Both |
Docket Report
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This docket was last retrieved on July 13, 2021. A more recent docket listing may be available from PACER.
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| Filing 128 MINUTE entry before the Honorable John J. Tharp, Jr:The parties' joint motion to dismiss pursuant to settlement #127 is granted. Each party is to bear its own costs and attorneys' fees. Any pending deadlines and schedules are stricken and any pending motions are denied as moot. Civil case terminated. Mailed notice (air, ) |
| Filing 127 MOTION by Plaintiffs Exegy Incorporated, IP Reservoir, LLC to dismiss (Cutler, Matthew) |
| Filing 126 MINUTE entry before the Honorable John J. Tharp, Jr:.: In light of attorney Michael A. Green's notice of withdrawal #125 , his appearance on the record is terminated. Mailed notice (air, ) |
| Filing 125 Notice of Withdrawal of Michael A. Greene as an Attorney of Record for Defendant Activ Financial Systems, Inc. by Activ Financial Systems, Inc. (Greene, Michael) |
| Filing 124 MINUTE entry before the Honorable John J. Tharp, Jr:In light of the stipulated stay pending inter partes review, the pending motion to dismiss #55 is denied without prejudice to refiling (with or without modification) if appropriate following completion of inter partes review. Mailed notice (air, ) |
| Filing 123 MINUTE entry before the Honorable John J. Tharp, Jr: The claim construction hearing previously scheduled on 2/5/21 is stricken in view of the stay of proceedings pending completion of inter parties review. Mailed notice (air, ) |
| Filing 122 MINUTE entry before the Honorable John J. Tharp, Jr: Upon receipt of the parties' status report #121 , the stay on this litigation will continue pending the PTAB's decision regarding whether to initiate in parties proceedings. Mailed notice (air, ) |
| Filing 121 STATUS Report JOINT by Exegy Incorporated (Luchsinger, J Bradley) |
Filing 120
ORDER Fifth Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on July 10, 2020. This Order does not extend or modify any deadlines set in civil cases. No motions may be noticed for in-person presentment; the presiding judge will notify parties of the need, if any, for a hearing by electronic means or in-court proceeding. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 7/10/2020: Mailed notice. (Clerk5, Docket)
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| Filing 119 MINUTE entry before the Honorable John J. Tharp, Jr: Upon receipt of the parties' stipulation regarding the defendant's motion to stay pending inter partes review #118 , the motion to stay #116 is denied as moot. This litigation shall be stayed pending the PTAB's decision regarding whether to initiate inter partes proceedings. The parties are directed to file a status report as to PTAB's decision on or before 12/11/20. Mailed notice (air, ) |
| Filing 118 STIPULATION regarding order on motion to stay,, order on motion to seal,, terminate hearings, #117 JOINT STIPULATION (Luchsinger, J Bradley) |
| Filing 117 MINUTE entry before the Honorable John J. Tharp, Jr:Upon receipt of defendant's motion to stay pending inter partes review #112 , the plaintiff shall have until 6/23/20 to respond and the defendants shall have until 7/7/20 to reply. Defendant's motion for leave to file certain exhibits under seal #116 is granted. Mailed notice (air, ) |
| Filing 116 MOTION by Defendant Activ Financial Systems, Inc. to seal Certain Exhibits Submitted in Support of its Memorandum in Support of its Motion to Stay (Corbett, Gregory) |
| Filing 115 SEALED DOCUMENT by Defendant Activ Financial Systems, Inc. Exhibits C, U and V in Support of Its Memorandum in Support of Its Motion to Stay (Attachments: #1 Exhibit U, #2 Exhibit V)(Corbett, Gregory) |
| Filing 114 DECLARATION of Claire E. Schuster regarding motion to stay #112 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U, #22 Exhibit V)(Corbett, Gregory) |
| Filing 113 MEMORANDUM by Activ Financial Systems, Inc. in support of motion to stay #112 (Corbett, Gregory) |
| Filing 112 MOTION by Defendant Activ Financial Systems, Inc. to stay Pending Inter Partes Review (Corbett, Gregory) |
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Filing 111
ORDER ORDER Fourth Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on May 26, 2020. This Order does not extend or modify any deadlines set in civil cases. For non-emergency motions, no motion may be noticed for presentment on a date earlier than July 15, 2020. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 5/26/2020: Mailed notice. (docket6, )
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| Filing 110 REVISED Case Management Schedule Signed by the Honorable John J. Tharp, Jr on 5/7/2020. Mailed notice(air, ) |
| Filing 109 MINUTE entry before the Honorable John J. Tharp, Jr: The parties' proposed revised case management order is entered. [Note to parties: the Court has entered the entire proposed schedule, including the due dates following the claim construction hearing.]Mailed notice (air, ) |
| Filing 108 MINUTE entry before the Honorable John J. Tharp, Jr: Upon receipt of the parties' joint status report #107 , the proposed schedule will be entered through the tentative claim construction hearing on 2/5/21. The parties are instructed to submit the proposed scheduling order via e-mail to Proposed_Order_Tharp@ilnd.uscourts.gov in Microsoft Office Word format. Mailed notice (air, ) |
| Filing 107 STATUS Report [Joint Status Report] by Activ Financial Systems, Inc. (Attachments: #1 Appendix A)(Corbett, Gregory) |
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Filing 106
ORDER Third Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on April 24, 2020. All open cases are impacted by this Third Amended General Order. Parties are must carefully review all obligations under this Order, including the requirement listed in paragraph number 5 to file a joint written status report in most civil cases. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 4/24/2020: Mailed notice. (docket5, )
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| Filing 105 RESPONSE by Plaintiffs Exegy Incorporated, IP Reservoir, LLC to notice of filing, #99 Supplemental Authority (Attachments: #1 Exhibit A Cascades AV LLC v. Evertz Microsystems)(Luchsinger, J Bradley) |
| Filing 104 MINUTE entry before the Honorable John J. Tharp, Jr: On the Court's own motion, the status hearing set for 4/28/20 is stricken. In lieu of the status hearing, the parties are directed to submit, by May 11, 2020, a joint status report. Mailed notice (air, ) |
| Filing 103 ATTORNEY Appearance for Defendant Activ Financial Systems, Inc. by Hunter D. Keeton (Keeton, Hunter) |
| Filing 102 MINUTE entry before the Honorable John J. Tharp, Jr:Attorney Hunter Keeton's motion for leave to appear pro hac vice #101 is granted. No appearance on the motion is required. Counsel is directed to file an appearance. Mailed notice (air, ) |
| Filing 101 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-16919938. (Keeton, Hunter) |
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Filing 100
ORDER Seconded Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on March 30, 2020. All open cases are impacted by this Second Amended General Order. Amended General Order 20-0012, entered on March 17, 2020, and General Order 20-0014, entered on March 20, 2020, are vacated and superseded by this Second Amended General. See attached Order for guidance.Signed by the Honorable Rebecca R. Pallmeyer on 3/30/2020: Mailed notice. (docket1, )
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| Filing 99 NOTICE by Activ Financial Systems, Inc. re MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Activ Financial Systems, Inc. #55 Defendant's Notice of Supplemental Authority in Support of Defendant's Rule 12(b)(6) Motion to Dismiss the First Amended Complaint (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Corbett, Gregory) |
| Filing 98 MINUTE entry before the Honorable John J. Tharp, Jr:Defendant's motion for leave to file its notice of supplemental authority #95 is granted. No appearance on the motion is required. Defendant is directed to file its notice of supplemental authority as a separate docket entry. Plaintiffs may file a response of no more than 4 pages on or before 4/21/20. Mailed notice (air, ) |
| Filing 97 RESPONSE by Exegy Incorporated, IP Reservoir, LLCin Opposition to MOTION by Defendant Activ Financial Systems, Inc. for leave to file its Notice of Supplemental Authority in Support of Defendant's Rule 12(b)(6) Motion to Dismiss the First Amended Complaint #95 (Attachments: #1 Exhibit A Cascades v Evertz)(Luchsinger, J Bradley) |
| Filing 96 NOTICE of Motion by Gregory F. Corbett for presentment of motion for leave to file, #95 before Honorable John J. Tharp Jr. on 4/15/2020 at 09:00 AM. (Corbett, Gregory) |
| Filing 95 MOTION by Defendant Activ Financial Systems, Inc. for leave to file its Notice of Supplemental Authority in Support of Defendant's Rule 12(b)(6) Motion to Dismiss the First Amended Complaint (Attachments: #1 Exhibit A, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3)(Corbett, Gregory) |
| Filing 93 MINUTE entry before the Honorable John J. Tharp, Jr:On the Court's own motion, the status hearing set for 3/25/20 is stricken and re-set for 4/28/20 at 9:00 a.m. Mailed notice (air, ) |
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Filing 94
ORDER Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on March 16, 2020. All open cases are impacted by this Amended General Order. See attached Order for guidance.Signed by the Honorable Rebecca R. Pallmeyer on 3/16/2020: Mailed notice. (td, )
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| Filing 92 MINUTE entry before the Honorable John J. Tharp, Jr: A status hearing is set for 3/25/20 at 9:00 a.m. Mailed notice (air, ) |
| Filing 91 MINUTE entry before the Honorable Beth W. Jantz:Telephonic conference regarding settlement held on 3/10/2020 with plaintiff's counsel. The parties are unable to reach a settlement at this time, but the Court thanks counsel and the parties for their hard work and professionalism. All matters relating to the referral of this case having been completed, the referral is closed and the case is returned to the assigned judge. Judge Beth W. Jantz no longer referred to the case. Mailed notice. (rbf, ) |
| Filing 90 MINUTE entry before the Honorable Beth W. Jantz: The telephonic conference regarding settlement set for 03/10/2020 at 11:30 a.m. only pertains to plaintiff's counsel, Matthew L. Cutler. Defense counsel does not need to call in on 03/10/2020. Mailed notice. (rbf, ) |
| Filing 89 MINUTE entry before the Honorable Beth W. Jantz:Settlement telephonic conference(s) held with the individual attorneys in this case. A continued telephonic conference regarding settlement negotiations is set for 3/10/2020 at 11:30 a.m. To join the call, lead counsel should dial (888) 273-3658, dial access code 2217918 and press #. Mailed notice. (rbf, ) |
| Filing 88 MINUTE entry before the Honorable Beth W. Jantz: Document number 87 is amended as follows: Continued settlement telephonic conference with defense counsel, Gregory Corbett is set for 03/06/2020 at 10:30 a.m. Settlement telephonic conference with plaintiff counsel, Matthew Cutler is set for 03/06/2020 at 10:45 a.m. Lead counsel shall respectively dial (888) 273-3658, enter access code 2217918 and press # at their scheduled time. Please note that the first call at 10:30 a.m. will be with attorney Gregory Corbett NOT attorney Matthew Cutler. Mailed notice. (rbf, ) |
| Filing 87 MINUTE entry before the Honorable Beth W. Jantz: Continued settlement telephonic conference with plaintiff's counsel, Matthew Cutler is set for 03/06/2020 at 10:30 a.m. Settlement telephonic conference with defense counsel, Gregory Corbett is set for 03/06/2020 at 10:45 a.m. Lead counsel shall respectively dial (888) 273-3658, enter access code 2217918 and press # at their scheduled time. Mailed notice. (rbf, ) (rbf, ). |
| Filing 86 MINUTE entry before the Honorable Beth W. Jantz: Settlement conference held on 3/3/2020. Mailed notice. (rbf, ) |
| Filing 85 MINUTE entry before the Honorable Beth W. Jantz:Settlement conference held on 2/28/20 and continued to 03/03/2020 with defendant at 11:30 a.m. Mailed notice. (rbf, ) |
| Filing 84 MINUTE entry before the Honorable John J. Tharp, Jr:Status hearing held. Mailed notice (air, ) |
| Filing 83 MINUTE entry before the Honorable Beth W. Jantz:Telephone conference regarding settlement set for 03/03/2020 at 11:30 a.m. with defendant's counsel only. To join the conference call, attorney, Gregory F. Corbett should dial (888) 273-3658, enter access code 2217918 and press # on 03/03/2020 at 11:30 a.m. Mailed notice. (rbf, ) |
| Filing 81 MINUTE entry before the Honorable Beth W. Jantz:Telephone conference regarding settlement set for 2/28/2020 at 11:30 a.m. with plaintiff's counsel only. Attorney, Matthew Cutler should contact the courtroom deputy at (312) 408-7768 on 02/28/2020 at 11:30 a.m. Mailed notice. (rbf, ) |
| Filing 82 MINUTE entry before the Honorable Beth W. Jantz:Settlement conference held on 2/25/2020. The parties negotiated in good faith and are encouraged to continue to engage in settlement negotiations. Should the parties wish to continue settlement negotiations with the Court's assistance, counsel should call the courtroom deputy at (312) 408-7768 to schedule a continued conference. Mailed notice. (rbf, ) |
| Filing 80 MINUTE entry before the Honorable Beth W. Jantz:This case has been reassigned to the calendar of Magistrate Judge Beth W. Jantz. The Court has determined that a re-assignment status conference and report are not necessary in this case. Settlement Conference set for 2/25/20 at 1:30 p.m. stands. The Court notes that the parties have already submitted their pre-settlement position papers to Judge Jantz's settlement inbox. However, if any party's position letter consists of more than 10 pages (including exhibits), the party is responsible for submitting a courtesy copy to Judge Jantz's chambers (Room 1822) by the close of business on 2/18/2020. On the date of the settlement conference, parties should report to Judge Jantz's courtroom, room 1812. Parties should also review and comply with Judge Jantz's standing order regarding settlement conferences which can be found on the Court's website at www.ilnd.uscourts.gov. (rbf, ) |
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Filing 79
EXECUTIVE COMMITTEE ORDER: It appearing that Beth W. Jantz has been appointed as a United States Magistrate Judge for the Northern District of Illinois with a duty station in Chicago, Illinois effective February 10, 2020; and It further appearing that Internal Operating Procedure 17 provides for the creation of an initial calendar for a newly appointed magistrate judge; therefore It is hereby ordered that the attached list of civil consent cases and civil referrals are hereby reassigned to form the initial calendar of the Honorable Beth W. Jantz; and It is further ordered that, unless otherwise ordered by Magistrate Judge Jantz, all hearing dates, deadlines, and schedules set by the Magistrate Judges in the attached list of cases are to remain in effect.. Case referred to the Honorable Beth W. Jantz. Signed by Honorable Rebecca R. Pallmeyer on 2/10/2020.(rp, )
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| Filing 78 TRANSCRIPT OF PROCEEDINGS held on October 17, 2019 before the Honorable John J. Tharp, Jr. Order Number: 37577. Court Reporter Contact Information: Kelly M. Fitzgerald, kmftranscripts@gmail.com, 312-818-6626. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 2/14/2020. Redacted Transcript Deadline set for 2/24/2020. Release of Transcript Restriction set for 4/23/2020. (Fitzgerald, Kelly) |
| Filing 77 MINUTE entry before the Honorable John J. Tharp, Jr:On the Court's own motion, the status hearing set for 1/30/2020 is stricken and re-set for 2/28/2020 at 9:00 a.m. Mailed notice (air, ) |
| Filing 76 ATTORNEY Appearance for Defendant Activ Financial Systems, Inc. by Andrew J. Tibbetts (Tibbetts, Andrew) |
| Filing 75 MINUTE entry before the Honorable John J. Tharp, Jr: The motion for leave to appear pro hac vice #74 is granted. Attorney Andrew Tibbetts is directed to file his appearance. Mailed notice (air, ) |
| Filing 74 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-16569833. (Tibbetts, Andrew) |
| Filing 73 MINUTE entry before the Honorable Susan E. Cox: Status hearing held. Settlement conference set for 2/25/2020 at 1:30 p.m. Parties are to review and to comply with this Court's Standing Order on Settlement Conference which is available through the Court's webpage at www.ilnd.uscourts.gov. Plaintiff's counsel to submit a written itemization of damages and settlement demand to defendants' counsel with a brief explanation of why such a settlement is appropriate on or before 1/28/2020. An electronic copy of this submission must also be sent to the Court's proposed order box at the same time, Proposed_Order_Cox@ilnd.uscourts.gov. Defendants' counsel to submit a written offer to plaintiff's counsel and the Court's proposed order box with a brief explanation of why such a settlement is appropriate on or before 2/11/2020 The date is firm and can only be changed by the granting of a motion. Parties have agreed to allow the Court to conduct ex parte discussions if necessary in preparation of the conference. Mailed notice (np, ) |
| Filing 72 ADOPTED CASE Schedule. Mailed notice(air, ) |
| Filing 71 MINUTE entry before the Honorable John J. Tharp, Jr: The parties' joint motion for entry of a scheduling order #69 is granted. No hearing on the motion will be held. The parties' proposed scheduling order will be entered, except that the Claim Construction hearing will be held on November 20, 2020 at 10:00 a.m. Enter scheduling order. Mailed notice (air, ) |
| Filing 70 NOTICE of Motion by Eric D Hayes for presentment of motion for order #69 before Honorable John J. Tharp Jr. on 12/3/2019 at 09:00 AM. (Hayes, Eric) |
| Filing 69 MOTION by Defendant Activ Financial Systems, Inc. for order setting schedule (Joint Motion) (Attachments: #1 Proposed Schedule)(Hayes, Eric) |
| Filing 68 MINUTE entry before the Honorable Susan E. Cox: This matter has been referred to Judge Cox to conduct a settlement conference. Status hearing set for 12/3/2019 at 09:45 AM. for the purpose of scheduling a settlement conference. Counsel that appears for this pre-settlement conference discussion must be counsel who will represent their respective clients at the conference, or are able to discuss the issues of the case and to schedule the conference on behalf of their clients. The Court expects counsel to discuss issues in the case that may affect the settlement process. Mailed notice (np, ) |
| Filing 67 EXECUTIVE COMMITTEE ORDER: Case referred to the Honorable Susan E. Cox for Settlement Conference. Signed by Executive Committee on 11/13/2019. (jh, ) |
| Filing 66 MINUTE entry before the Honorable John J. Tharp, Jr: Upon the parties' agreed telephonic request, this case is referred to a Magistrate Judge for the purpose of conducting a settlement conference. Mailed notice (air, ) |
| Filing 65 ATTORNEY Appearance for Defendant Activ Financial Systems, Inc. by Daniel Michael Huttle (Huttle, Daniel) |
| Filing 64 MINUTE entry before the Honorable John J. Tharp, Jr:Attorney Daniel M. Huttle's motion for leave to appear pro hac vice #63 is granted. No appearance on the motion is required. Counsel is directed to file his appearance. Mailed notice (air, ) |
| Filing 63 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-16367769. (Huttle, Daniel) |
| Filing 62 MINUTE entry before the Honorable John J. Tharp, Jr: Motion and status hearing held. If the parties agree to a settlement conference before the Magistrate Judge, please call the courtroom deputy. Status hearing continued to 1/30/20 at 9:00 a.m. Mailed notice (air, ) Modified on 10/18/2019 (air, ). |
| Filing 61 DECLARATION of Elizabeth A. DiMarco regarding reply #60 in support of motion to dismiss (Attachments: #1 Exhibit N, #2 Exhibit O, #3 Exhibit P, #4 Exhibit Q)(Hayes, Eric) |
| Filing 60 REPLY by Defendant Activ Financial Systems, Inc. to Motion to Dismiss for Failure to State a Claim #55 (Hayes, Eric) |
| Filing 59 MEMORANDUM by Exegy Incorporated, IP Reservoir, LLC in Opposition to Motion to Dismiss for Failure to State a Claim #55 (Cutler, Matthew) |
| Filing 58 NOTICE of Motion by Eric D Hayes for presentment of (Hayes, Eric) |
| Filing 57 DECLARATION of Elizabeth A. DiMarco regarding Motion to Dismiss for Failure to State a Claim #55 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M)(Hayes, Eric) |
| Filing 56 MEMORANDUM by Activ Financial Systems, Inc. in support of Motion to Dismiss for Failure to State a Claim #55 (Hayes, Eric) |
| Filing 55 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Activ Financial Systems, Inc. (Hayes, Eric) |
| Filing 54 STIPULATED Order Governing Electronic Discovery Signed by the Honorable John J. Tharp, Jr on 8/29/2019. Mailed notice(air, ) |
| Filing 53 FIRST AMENDED complaint by Exegy Incorporated, IP Reservoir, LLC against Activ Financial Systems, Inc. (Attachments: #1 Index of Exhibits, #2 Exhibit 01 US8407122, #3 Exhibit 02 US7921046, #4 Exhibit 03 US8655764, #5 Exhibit 04 US8458081, #6 Exhibit 05 US8595104, #7 Exhibit 06 US8626624, #8 Exhibit 07 US9582831, #9 Exhibit 08 US8478680, #10 Exhibit 09 US8600856, #11 Exhibit 10 US9672565, #12 Exhibit 11 US10169814, #13 Exhibit 12 US9916622, #14 Exhibit 13 US10062115, #15 Exhibit 14 US8768805, #16 Exhibit 15 US8762249, #17 Exhibit 16 US9047243, #18 Exhibit 17 US10121196, #19 Exhibit 18 Claim Chart 122, #20 Exhibit 19 Claim Chart 046, #21 Exhibit 20 Claim Chart 764, #22 Exhibit 21 Claim Chart 081, #23 Exhibit 22 Claim Chart 104, #24 Exhibit 23 Claim Chart 624, #25 Exhibit 24 Claim Chart 831, #26 Exhibit 25 Claim Chart 680, #27 Exhibit 26 Claim Chart 856, #28 Exhibit 27 Claim Chart 565, #29 Exhibit 28 Claim Chart 814, #30 Exhibit 29 Claim Chart 622, #31 Exhibit 30 Claim Chart 115, #32 Exhibit 31 Claim Chart 805, #33 Exhibit 32 Claim Chart 249, #34 Exhibit 33 Claim Chart 243, #35 Exhibit 34 Claim Chart 196, #36 Exhibit 35 ActivFeed, Direct Feeds, Market Data Feed, Low Latency _ ACTIV Financial, #37 Exhibit 36 ACTIV Financial Accelerates its Ticker Plant Technology - Wall Street &Technology Article, #38 Exhibit 37 Company History from ACTIV Financials Website, #39 Exhibit 38 2019-01-31 Letter to Activ RE Licensing, #40 Exhibit 39 2019-04-01 Follow up Letter to S. McNeany, #41 Exhibit 40 2019-04-29 Letter Correspondence to Activ RE Complaint)(Luchsinger, J Bradley) |
| Filing 52 MINUTE entry before the Honorable John J. Tharp, Jr: Motion hearing held. The parties' joint motion for entry of ESI stipulation #48 is granted. Plaintiffs' motion for leave to file a first amended complaint #45 is granted. The amended complaint is to be filed as a separate docket entry. Defendant's response to the amended complaint is due by 9/13/19. In the event the response is a motion, the following briefing schedule applies; plaintiff's response is due by 9/27/19; defendant's reply is due by 10/4/19. Defendant's motion to dismiss #35 is denied as moot. Enter Joint Stipulation. Mailed notice (air, ) |
| Filing 51 STIPULATION regarding Motion to Dismiss for Failure to State a Claim #35 , motion to amend/correct, #45 (Hayes, Eric) |
| Filing 50 TRANSCRIPT OF PROCEEDINGS held on August 7, 2019 before the Honorable John J. Tharp, Jr. Order Number: 35729. Court Reporter Contact Information: Kelly M. Fitzgerald, kmftranscripts@gmail.com, 312-818-6626. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 9/17/2019. Redacted Transcript Deadline set for 9/27/2019. Release of Transcript Restriction set for 11/25/2019. (Fitzgerald, Kelly) |
| Filing 49 JOINT NOTICE of Motion by J Bradley Luchsinger for presentment of motion for order #48 before Honorable John J. Tharp Jr. on 8/29/2019 at 09:00 AM. (Luchsinger, J Bradley) |
| Filing 48 MOTION by Plaintiffs Exegy Incorporated, IP Reservoir, LLC for order stipulated ESI (Luchsinger, J Bradley) |
| Filing 47 RESPONSE by Exegy Incorporated, IP Reservoir, LLCin Opposition to MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Activ Financial Systems, Inc. #35 (Luchsinger, J Bradley) |
| Filing 46 NOTICE of Motion by J Bradley Luchsinger for presentment of motion to amend/correct, #45 before Honorable John J. Tharp Jr. on 8/29/2019 at 09:00 AM. (Luchsinger, J Bradley) |
| Filing 45 MOTION by Plaintiffs Exegy Incorporated, IP Reservoir, LLC to amend/correct Complaint (Attachments: #1 Exhibit A First Amended Complaint, #2 Exhibit 1-40 to First Amended Complaint, #3 Exhibit B Compared changes)(Luchsinger, J Bradley) |
| Filing 44 PROTECTIVE Order Signed by the Honorable John J. Tharp, Jr on 8/19/2019. Mailed notice(air, ) |
| Filing 43 MINUTE entry before the Honorable John J. Tharp, Jr: The joint motion for entry of the stipulated protective order #41 is granted. No appearance on the motion is required. Enter order. Mailed notice (air, ) |
| Filing 42 JOINT NOTICE of Motion by J Bradley Luchsinger for presentment of motion for protective order #41 before Honorable John J. Tharp Jr. on 8/29/2019 at 09:00 AM. (Luchsinger, J Bradley) |
| Filing 41 MOTION by Plaintiffs Exegy Incorporated, IP Reservoir, LLC for protective order JOINT (Luchsinger, J Bradley) |
| Filing 40 MINUTE entry before the Honorable John J. Tharp, Jr:Status and motion hearing held. Parties continue to engage in settlement discussions. Briefing as to defendant Activ's motion to dismiss #35 is set as follows: Plaintiffs' response is due by 8/22/19; Defendant's reply is due by 9/5/19. The parties proposed case management schedule #39 is adopted with the following exceptions: the maximum number of interrogatories by each party is extended to 50; the proposed schedule will not go beyond the date to amend pleadings or to join parties following claim construction. Status hearing is set on 10/17/19 at 9:00 a.m. Mailed notice (air, ) |
| Filing 39 REPORT of Rule 26(f) Planning Meeting by Exegy Incorporated, IP Reservoir, LLC (Luchsinger, J Bradley) |
| Filing 38 MINUTE entry before the Honorable John J. Tharp, Jr:The hearing scheduled for 7/31/19 is stricken. Defendant's motion to dismiss #35 will be addressed at the initial status conference, which will go forward as scheduled on 8/7/19 at 9:00 a.m.Mailed notice (clw, ) |
| Filing 37 NOTICE of Motion by Eric D Hayes for presentment of Motion to Dismiss for Failure to State a Claim #35 before Honorable John J. Tharp Jr. on 7/31/2019 at 10:00 AM. (Hayes, Eric) |
| Filing 36 MEMORANDUM by Activ Financial Systems, Inc. in support of Motion to Dismiss for Failure to State a Claim #35 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Hayes, Eric) |
| Filing 35 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Activ Financial Systems, Inc. (Hayes, Eric) |
| Filing 34 ATTORNEY Appearance for Defendant Activ Financial Systems, Inc. by Claire E. Schuster (Schuster, Claire) |
| Filing 33 ATTORNEY Appearance for Defendant Activ Financial Systems, Inc. by Michael A. Greene (Greene, Michael) |
| Filing 32 ATTORNEY Appearance for Defendant Activ Financial Systems, Inc. by Elizabeth A. DiMarco (DiMarco, Elizabeth) |
| Filing 31 ATTORNEY Appearance for Defendant Activ Financial Systems, Inc. by Charles T Steenburg (Steenburg, Charles) |
| Filing 30 ATTORNEY Appearance for Defendant Activ Financial Systems, Inc. by Gregory F. Corbett (Corbett, Gregory) |
| Filing 29 ATTORNEY Appearance for Plaintiffs Exegy Incorporated, IP Reservoir, LLC by J Bradley Luchsinger (Luchsinger, J Bradley) |
| Filing 28 ATTORNEY Appearance for Plaintiffs Exegy Incorporated, IP Reservoir, LLC by Glenn E. Forbis (Forbis, Glenn) |
| Filing 27 ATTORNEY Appearance for Plaintiffs Exegy Incorporated, IP Reservoir, LLC by Michael J Thomas (Thomas, Michael) |
| Filing 26 ATTORNEY Appearance for Plaintiffs Exegy Incorporated, IP Reservoir, LLC by Matthew L Cutler (Cutler, Matthew) |
| Filing 25 MINUTE entry before the Honorable John J. Tharp, Jr:The motions for leave to appear pro hac vice #16 , #17 , #18 , #19 , #20 are granted. No appearance on those motions is required. Counsel are directed to file their appearances. Defendant's unopposed motion to extend time to answer or otherwise respond to plaintiffs' complaint #23 is granted. No appearance on that motion is required. Defendant's answer or other responsive pleading is now due on 7/19/19. The initial status conference that was scheduled for 7/16/19 is stricken and reset for 8/7/19 at 9:00 a.m. The initial status report is now due on 7/31/19. Mailed notice (air, ) |
| Filing 24 NOTICE of Motion by Eric D Hayes for presentment of motion for extension of time to file answer #23 before Honorable John J. Tharp Jr. on 6/20/2019 at 09:00 AM. (Hayes, Eric) |
| Filing 23 MOTION by Defendant Activ Financial Systems, Inc. for extension of time to file answer or otherwise Respond to Plaintiffs' Complaint and to Reset Date of Initial Status Conference and Related Deadlines (Hayes, Eric) |
| Filing 22 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Activ Financial Systems, Inc. (Hayes, Eric) |
| Filing 21 ATTORNEY Appearance for Defendant Activ Financial Systems, Inc. by Eric D Hayes (Hayes, Eric) |
| Filing 20 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-15933700. (Corbett, Gregory) |
| Filing 19 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-15933653. (Schuster, Claire) |
| Filing 18 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-15933621. (Greene, Michael) |
| Filing 17 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-15933548. (DiMarco, Elizabeth) |
| Filing 16 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-15933498. (Steenburg, Charles) |
| Filing 15 ATTORNEY Appearance for Defendant Activ Financial Systems, Inc. by Stephen C. Voris (Voris, Stephen) |
| Filing 14 MINUTE entry before the Honorable John J. Tharp, Jr:This case is set for an initial status conference on 7/16/19 at 9:00 a.m. The parties are directed to review the procedures for initial status conferences, located at [https://www.ilnd.uscourts.gov/judge-info.aspx?79eF+7uiX7ewBj/ITKrjoA==], and to submit the required initial status report no later than 7/9/19. Mailed notice (air, ) |
| Filing 13 MINUTE entry before the Honorable John J. Tharp, Jr:The motions for leave to appear pro hac vice #8 , #9 , #10 , #11 are granted. No appearance on those motions is required. Counsel are directed to file their appearances. Mailed notice (air, ) |
| Filing 12 AFFIDAVIT of Service filed by Plaintiffs Exegy Incorporated, IP Reservoir, LLC regarding Summons and Complaint served on Activ Financial Systems, Inc on 05/30/2019 (Cutler, Matthew) |
| Filing 11 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-15876239. (Forbis, Glenn) |
| Filing 10 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-15876042. (Luchsinger, J Bradley) |
| Filing 9 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-15875880. (Thomas, Michael) |
| Filing 8 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-15875830. (Cutler, Matthew) |
| Filing 7 MAILED patent report to Patent Trademark Office, Alexandria VA. (Attachments: #1 Patent Registration) (kp, ) |
| Filing 6 ATTORNEY Appearance for Plaintiffs Exegy Incorporated, IP Reservoir, LLC by Daniel J. Burnham (Burnham, Daniel) |
| Filing 5 NOTICE by Exegy Incorporated, IP Reservoir, LLC re complaint,,, #1 Of Claims Involving Patents Pursuant to Local Rule 3.4 (Tilghman, Richard) |
| Filing 4 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Exegy Incorporated, IP Reservoir, LLC (Tilghman, Richard) |
| Filing 3 ATTORNEY Appearance for Plaintiffs Exegy Incorporated, IP Reservoir, LLC by Richard Henry Tilghman (Tilghman, Richard) |
| Filing 2 CIVIL Cover Sheet (Tilghman, Richard) |
| Filing 1 COMPLAINT for Patent Infringement filed by Exegy Incorporated, IP Reservoir, LLC; Jury Demand. Filing fee $ 400, receipt number 0752-15768181. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35)(Tilghman, Richard) |
| SUMMONS Issued as to Defendant Activ Financial Systems, Inc. (ec, ) |
| CASE ASSIGNED to the Honorable John J. Tharp, Jr. Designated as Magistrate Judge the Honorable Mary M. Rowland. Case assignment: Random assignment. (ec, ) |
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