EveryScape, Inc. v. Adobe Systems Incorporated
| EveryScape, Inc. |
| Adobe Systems Incorporated |
| Marianne B. Bowler |
| 1:2010cv11597 |
| September 20, 2010 |
| US District Court for the District of Massachusetts |
| Boston Office |
| Middlesex |
| Richard G Stearns |
| Patent |
| 35 U.S.C. § 271 Patent Infringement |
| Both |
Docket Report
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This docket was last retrieved on February 11, 2015. A more recent docket listing may be available from PACER.
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| Filing 625 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #624 Motion to Dismiss, dismissing all claims with prejudice pursuant to the parties' stipulation. (RGS, int2) |
| Filing 624 Joint MOTION to Dismiss All Claims and Counterclaims with Prejudice by Adobe Systems Incorporated.(Kessel, Adam) |
| Filing 623 NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at #http://www.mad.uscourts.gov/attorneys/general-info.htm (Scalfani, Deborah) |
| Filing 622 Transcript of Jury Trial Day Nine held on January 23, 2015, before Judge Richard G. Stearns. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Debra Joyce and James Gibbons at jmsgibbons@yahoo.com Redaction Request due 2/16/2015. Redacted Transcript Deadline set for 2/26/2015. Release of Transcript Restriction set for 4/27/2015. (Scalfani, Deborah) |
| Filing 621 Transcript of Jury Trial Day Eight held on January 22, 2015, before Judge Richard G. Stearns. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Debra Joyce, Lisa Valdario and James Gibbons at jmsgibbons@yahoo.com Redaction Request due 2/16/2015. Redacted Transcript Deadline set for 2/26/2015. Release of Transcript Restriction set for 4/27/2015. (Scalfani, Deborah) |
| Filing 620 Transcript of Jury Trial Day Seven held on January 21, 2015, before Judge Richard G. Stearns. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Lisa Valdario and Debra Joyce at joycedebra@gmail.com Redaction Request due 2/16/2015. Redacted Transcript Deadline set for 2/26/2015. Release of Transcript Restriction set for 4/27/2015. (Scalfani, Deborah) |
| Filing 619 Transcript of Jury Trial Day Six held on January 20, 2015, before Judge Richard G. Stearns. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Debra Joyce and James Gibbons at jmsgibbons@yahoo.com Redaction Request due 2/16/2015. Redacted Transcript Deadline set for 2/26/2015. Release of Transcript Restriction set for 4/27/2015. (Scalfani, Deborah) |
| Filing 618 Transcript of Jury Trial Day Five held on January 16, 2015, before Judge Richard G. Stearns. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Debra Joyce and James Gibbons at jmsgibbons@yahoo.com Redaction Request due 2/16/2015. Redacted Transcript Deadline set for 2/26/2015. Release of Transcript Restriction set for 4/27/2015. (Scalfani, Deborah) |
| Filing 617 Transcript of Jury Trial Day Four held on January 15, 2015, before Judge Richard G. Stearns. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Lisa Valdario and Debra Joyce at joycedebra@gmail.com Redaction Request due 2/16/2015. Redacted Transcript Deadline set for 2/26/2015. Release of Transcript Restriction set for 4/27/2015. (Scalfani, Deborah) |
| Filing 616 Transcript of Jury Trial Day Three held on January 14, 2015, before Judge Richard G. Stearns. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Lisa Valdario and James Gibbons at jmsgibbons@yahoo.com Redaction Request due 2/16/2015. Redacted Transcript Deadline set for 2/26/2015. Release of Transcript Restriction set for 4/27/2015. (Scalfani, Deborah) |
| Filing 615 Transcript of Jury Trial Day Two held on January 13, 2015, before Judge Richard G. Stearns. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Lisa Valdario and James Gibbons at jmsgibbons@yahoo.com Redaction Request due 2/16/2015. Redacted Transcript Deadline set for 2/26/2015. Release of Transcript Restriction set for 4/27/2015. (Scalfani, Deborah) |
| Filing 614 Transcript of Jury Trial Day One held on January 12, 2015, before Judge Richard G. Stearns. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Lisa Valdario and James Gibbons at jmsgibbons@yahoo.com Redaction Request due 2/16/2015. Redacted Transcript Deadline set for 2/26/2015. Release of Transcript Restriction set for 4/27/2015. (Scalfani, Deborah) |
| Filing 613 Trial Exhibit & Witness List. (Seelye, Terri) (Main Document 613 replaced on 2/3/2015) (Seelye, Terri). |
| Filing 612 Judge Richard G. Stearns: ORDER entered. JUDGMENT in favor of Adobe Systems Incorporated; Case closed. (Seelye, Terri) |
| Filing 611 JURY VERDICT in favor of Adobe Systems Incorporated against EveryScape Inc. (Seelye, Terri) |
| Filing 610 ELECTRONIC Clerk's Notes for proceedings held before Judge Richard G. Stearns: Jury Trial Day Nine held on 1/23/2015. Charging Conference; Closing Arguments; Jury Instructions; Jurors excused to deliberate at 11:35 AM; Jury Notes marked A and B for identification; Verdict returned at 2:13 PM; Jurors released at 2:20 PM; Verdict in favor of Adobe Systems Inc.(Court Reporter: James Gibbons at jmsgibbons@yahoo.com, Debra Joyce at joycedebra@gmail.com)(Attorneys present: Feigelson, Airan, Mueller for EveryScape; Scherkenbach, Kessel, Chen for Adobe) (Seelye, Terri) |
| Filing 609 Judge Richard G. Stearns: ELECTRONIC ORDER entered denying #607 Motion for Judgment as a Matter of Law without prejudice to renewing after the jury's verdict. (RGS, int2) |
| Filing 608 Judge Richard G. Stearns: ELECTRONIC ORDER entered denying #605 Motion for Judgment as a Matter of Law without prejudice subject to renewing after the jury's verdict. (RGS, int2) |
| Filing 607 MOTION for Judgment as a Matter of Law by EveryScape, Inc..(Hua, Leonard) |
| Filing 606 ELECTRONIC Clerk's Notes for proceedings held before Judge Richard G. Stearns: Jury Trial Day Eight held on 1/22/2015. Resume with cross of WT14 Hany Farid; Joint Exhibit admitted: #477 (Demo 5 and 6 on thumb drive); Defendant calls WT15 Scott Johnson via video testimony, WT16 Mr. Connor; Defendant Exhibit admitted #478(NN), Plaintiff Exhibits admitted: 479(BK),480(57), 481(B1), 482(BJ); Defendant calls WT17 Ned Barnes, Defendant Exhibits admitted 483, 484, 485; Adobe rests; Rebuttal of Maya Bystrom; EveryScape Rests; Rebuttal of Hany Farid; Exhibit 486 admitted (Demo 7 on thumb drive); Adobe rests; Jurors excused at 2:55 PM; trial concludes for the day at 3:05 PM; Charging conference set for 8:15 AM on 1/23/15; trial to resume at 9:00 AM on 1/23/15. (Court Reporter: James Gibbons at jmsgibbons@yahoo.com, Lisa Valdario at lmcv@comcast.net, Debra Joyce at joycedebra@gmail.com)(Attorneys present: Feigelson, Airan, Mueller for pla; Scherkenbach, Kessel, Chen for dft) (Seelye, Terri) |
| Filing 605 MOTION for Judgment as a Matter of Law on the Issue of Invalidity of EveryScape's Asserted Claims by Adobe Systems Incorporated.(Kessel, Adam) |
| Filing 604 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting in part and denying in part #596 Motion to preclude certain invalidity rebuttal testimony by Dr. Bystrom. Dr. Bystrom's report sufficiently challenges whether Painter 7 satisfies the world plane elements of the asserted claims and testimony relating to the world plane elements will be permitted. Neither aspect ratio nor vanishing points are elements in the asserted claims and expert testimony relating to whether these concepts were present in Painter 7 will not be permitted. (RGS, int2) |
| Filing 603 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #599 Motion preclude Mr. Yurkerwich from recasting the straight line dilution analysis to a profit sharing analysis as the latter was not disclosed in his expert reports. (RGS, int2) |
| Filing 602 Opposition re #599 MOTION to Preclude, Again, Previously Undisclosed Opinions by Mr. David Yurkerwich filed by EveryScape, Inc.. (Hua, Leonard) |
| Filing 601 REPLY to Response to #596 MOTION to Enforce Rule 26 with Respect to Invalidity filed by Adobe Systems Incorporated. (Kessel, Adam) |
| Filing 600 DECLARATION re #599 MOTION to Preclude, Again, Previously Undisclosed Opinions by Mr. David Yurkerwich of Betty Chen by Adobe Systems Incorporated. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Kessel, Adam) |
| Filing 599 MOTION to Preclude, Again, Previously Undisclosed Opinions by Mr. David Yurkerwich by Adobe Systems Incorporated.(Kessel, Adam) |
| Filing 598 Opposition re #596 MOTION to Enforce Rule 26 with Respect to Invalidity filed by EveryScape, Inc.. (Hua, Leonard) |
| Filing 597 DECLARATION re #596 MOTION to Enforce Rule 26 with Respect to Invalidity by Adobe Systems Incorporated. (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)(Kessel, Adam) |
| Filing 596 MOTION to Enforce Rule 26 with Respect to Invalidity by Adobe Systems Incorporated.(Kessel, Adam) |
| Filing 595 ELECTRONIC Clerk's Notes for proceedings held before Judge Richard G. Stearns: Jury Trial Day Seven held on 1/21/2015. Hearing with counsel regarding trial time; Defendant calls WT13 Eric Johnson via video testimony; Defendant calls WT14 Hany Farid; Defendant Exhibits admitted: 475 (CV of Farid), 476 (thumb drive); Cross by Plaintiff of WT14; Jurors excused at 1:09 PM; Trial to resume on 1/22/15 at 9:00 AM. (Court Reporter: Debra Joyce at joycedebra@gmail.com, Lisa Valdario at lmcv@comcast.net)(Attorneys present: Feigelson, Airan, Mueller for EveryScape; Scherkenbach, Kessel, Chen for Adobe) (Seelye, Terri) |
| Filing 594 Judge Richard G. Stearns: ELECTRONIC ORDER entered denying #590 Motion preclude undisclosed opinions from Dr. Farid. Dr. Farid's report sufficiently disclosed how a person of ordinary skill would have found the element of inverse perspective transformation obvious from the combination of the Photoshop 7 clone brush and the perspective crop or Wolberg. Dr. Farid is also permitted, as Dr. Bystrom did, to his understanding of legal principle he applied in his analysis. (RGS, int2) |
| Filing 593 Opposition re #590 MOTION to Preclude Previously Undisclosed Opinions by Dr. Hany Farid filed by Adobe Systems Incorporated. (Attachments: #1 Exhibit 1)(Kessel, Adam) |
| Filing 591 DECLARATION re #590 MOTION to Preclude Previously Undisclosed Opinions by Dr. Hany Farid - Declaration of Leonard Z. Hua by EveryScape, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Hua, Leonard) |
| Filing 590 MOTION to Preclude Previously Undisclosed Opinions by Dr. Hany Farid by EveryScape, Inc..(Hua, Leonard) |
| Filing 592 ELECTRONIC Clerk's Notes for proceedings held before Judge Richard G. Stearns: Jury Trial Day Six held on 1/20/2015. Cross of WT 10 David Yurkerwich; Plaintiff rests; Defendant calls WT7 Tom Hogarty; Defendant Exhibits Admitted: 472(D1), 473 (KN); Plaintiff Exhibits Admitted: 474(10K Form); Defendant calls, via video Deposition WT11 George Wolberg; Defendant calls WT12 Christopher Trombley - deposition testimony read into the record; Jurors excused at 12:56; trial to resume at 9:00 AM on 1/21/15. (Court Reporter: James Gibbons at jmsgibbons@yahoo.com, Debra Joyce at joycedebra@gmail.com)(Attorneys present: Feigelson, Airan, Mueller for pla; Scherkenbach, Kessel, Chen for Dft) (Seelye, Terri) |
| Filing 589 Judge Richard G. Stearns: ELECTRONIC ORDER entered denying #587 Motion for Judgment as a Matter of Law without prejudice to renewing the motion after the jury's verdict. (RGS, int2) |
| Filing 588 DECLARATION re #587 MOTION for Judgment as a Matter of Law under Fed. R. Civ. P. 50(a) of Kevin DeJong by Adobe Systems Incorporated. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit Tr. Ex. 263, #4 Exhibit Tr. Ex. 471)(Kessel, Adam) |
| Filing 587 MOTION for Judgment as a Matter of Law under Fed. R. Civ. P. 50(a) by Adobe Systems Incorporated.(Kessel, Adam) |
| Filing 586 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting in part and denying in part #575 Motion for a curative instruction that the clone brush is the only accused tool. The court does not believe an instruction at this time is necessary. The court has no doubt that Adobe will present its view on the value of the clone brush through its rebuttal case and in argument. In its final instructions, the court will also explain that the clone brush tool is the only accused product. However, the relationship between clone brush and the other tools in Vanishing Point is relevant to determine its value for damages purposes. That relationship is for the jury to decide. (RGS, int2) |
| Filing 585 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #577 Motion to preclude Mr. Hogarty from offering additional testimony regarding trial exhibit 175 consistent with Adobe's representation that "Mr. Hogarty will testify at trial consistent with [his] deposition testimony." (RGS, int2) |
| Filing 584 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #578 Motion to Seal (RGS, int2) |
| Filing 583 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #574 Motion comparison of Vanishing Point tools consistent with the court's earlier ruling. (RGS, int2) |
| Filing 582 Opposition re #575 MOTION for a Curative Instruction Regarding the Sole Accused Feature filed by EveryScape, Inc.. (Hua, Leonard) |
| Filing 581 DECLARATION re #580 Opposition to Motion to Preclude Mr. Hogarty From Offering Additional Testimony Regarding Trial Exhibit 175 by Adobe Systems Incorporated. (Attachments: #1 Exhibit A, #2 Exhibit B)(Kessel, Adam) |
| Filing 580 Opposition re #577 MOTION to Preclude Mr. Hogarty From Offering Additional Testimony Regarding Trial Exhibit 175 filed by Adobe Systems Incorporated. (Kessel, Adam) |
| Filing 579 DECLARATION re #577 MOTION to Preclude Mr. Hogarty From Offering Additional Testimony Regarding Trial Exhibit 175 - Declaration of Leonard Z. Hua by EveryScape, Inc.. (Attachments: #1 Exhibit 1 (SEALED), #2 Exhibit 2 (SEALED))(Hua, Leonard) |
| Filing 578 Assented to MOTION to Seal Exhibits to EveryScape's Motion to Preclude Mr. Hogarty From Offering Additional Testimony Regarding Trial Exhibit 175 by EveryScape, Inc..(Hua, Leonard) |
| Filing 577 MOTION to Preclude Mr. Hogarty From Offering Additional Testimony Regarding Trial Exhibit 175 by EveryScape, Inc..(Hua, Leonard) |
| Filing 576 DECLARATION re #575 MOTION for a Curative Instruction Regarding the Sole Accused Feature by Adobe Systems Incorporated. (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)(Kessel, Adam) |
| Filing 575 MOTION for a Curative Instruction Regarding the Sole Accused Feature by Adobe Systems Incorporated.(Kessel, Adam) |
| Filing 574 MOTION to Preclude Comparisons of Vanishing Point Tools [PUBLIC VERSION] (related to Motion to Seal D.I. 565) by EveryScape, Inc..(Hua, Leonard) |
| Filing 573 Opposition re #561 MOTION to Preclude Previously Undisclosed Opinions by Mr. David Yurkerwich REDACTED [REDACTED VERSION] (related to Motion to Seal D.I. 563) filed by EveryScape, Inc.. (Hua, Leonard) |
| Filing 572 Opposition re #552 MOTION to Enforce the Court's November 26, 2014 Order Regarding Expert Testimony [PUBLIC VERSION] (related to Motion to Seal D.I. 554) filed by EveryScape, Inc.. (Hua, Leonard) |
| Filing 571 ELECTRONIC Clerk's Notes for proceedings held before Judge Richard G. Stearns: Jury Trial Day Five held on 1/16/2015. Resume with Cross of WT8 Maya Bystrom; plaintiff Calls Julie Morgan via video testimony, Plaintiff Exhibits admitted: 454 (FO1)and 455 (FN); Stipulation re: CEO Adobe Shantanu Narayen; Plaintiff calls WT10 David Yurkerovich; Plaintiff Exhibits Admitted: 457 -471; jurors excused for the day at 1:00 PM; trial to resume, with cross of WT10, on Tuesday, 1/20/15 at 9:00 AM.(Court Reporter: James Gibbons at jmsgibbons@yahoo.com; Debra Joyce at joycedebra@gmail.com)(Attorneys present: Feigelson, Airan, Mueller for pla; Scherkenbach, Kessel, Chen for Dft) (Seelye, Terri) |
| Filing 570 REPLY to Response to #561 MOTION to Preclude Previously Undisclosed Opinions by Mr. David Yurkerwich REDACTED filed by Adobe Systems Incorporated. (Attachments: #1 Exhibit 1)(Kessel, Adam) |
| Filing 569 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #561 Motion to exclude slide 18 of Yurkerwich testimony in that the specific analysis was not disclosed in his report. (RGS, int2) |
| Filing 568 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #565 Motion to Seal (RGS, int2) |
| Filing 567 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #563 Motion to Seal (RGS, int2) |
| Filing 566 Judge Richard G. Stearns: ELECTRONIC ORDER entered finding as moot #562 Motion to preclude unredacted version of exhibit CV in light of dkt 551. (RGS, int2) |
| Filing 565 Assented to MOTION to Seal by EveryScape, Inc..(Hua, Leonard) |
| Filing 564 DECLARATION of Leonard Z. Hua in Support of EveryScape's Opposition to Adobe's Motion to Preclude Previously Undisclosed Testimony by Mr. David Yurkerwich by EveryScape, Inc.. (Attachments: #1 Exhibit A (SEALED))(Hua, Leonard) |
| Filing 563 Assented to MOTION to Seal by EveryScape, Inc..(Hua, Leonard) |
| Filing 562 MOTION to Preclude EveryScape from Offering an Unredacted Version of Trial Exhibit CV into Evidence REDACTED by Adobe Systems Incorporated.(Kessel, Adam) |
| Filing 561 MOTION to Preclude Previously Undisclosed Opinions by Mr. David Yurkerwich REDACTED by Adobe Systems Incorporated.(Kessel, Adam) |
| Filing 560 ELECTRONIC Clerk's Notes for proceedings held before Judge Richard G. Stearns: Jury Trial Day Four held on 1/15/2015. Plaintiff calls WT6 Yonald Chery via video testimony with Plaintiff Exhibits admitted: 426(CU), 427(CS), 428(CV) 429(CW), 430(CT); Plaintiff calls WT7 Tom Hogarty via video testimony with Exhibits admitted: 431(AH),432(BU),433(BY),434(AG), 435(BP),436(BV),437(BW),438(BX), 439(BT), 440(BR),441(BQ),442(AL),443(AN),444(DA),445(AO),446,(BZ),447(CA)448(CB),449(DL),450(DN), 451(AY); Parties stipulate to #7, 11, 12 and 19; Plaintiff calls WT8 Maja Bystrom with Exhibits admitted 452(GA)DVD & 453(ET); Jurors excused for the day at 1:00 PM; trial to resume at 9:00 AM with cross of WT8 Maja Bystrom. (Court Reporter: Lisa Valdario at lmcv@comcast.net, Debra Joyce at joycedebra@gmail.com)(Attorneys present: Feigelson, Airan, Mueller for pla; Scherkenbach, Kessel, Chen for dft) (Seelye, Terri) Modified on 1/16/2015 (Seelye, Terri). |
| Filing 559 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting in part and denying in part #552 Motion to limit Dr. Bystrom's testimony. ALLOWED as to A (testimony regarding infringement mapping of Vanishing Point patents) as both irrelevant and undisclosed. Denied as to B the court is satisfied that Dr. Bystrom will not offer intent evidence, and the complained of image is of the Mok3 clone brush tool, as to which Dr. Bystrom may testify. ALLOWED as to C the court has previously ruled that Dr. Bystrom may not testify as to the marquee tool as it is not an accused tool and her report mentions this only in passing this includes its relationship to the clone brush tool. DENIED as to D the court is satisfied that testimony regarding the Adobe user guide will be offered to show Adobes instructions to its users. (RGS, int2) |
| Filing 558 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #556 Motion to Seal (RGS, int2) |
| Filing 557 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #554 Motion to Seal (RGS, int2) |
| Filing 556 MOTION to Seal Adobe Systems Incorporated's Motion to Preclude Previously Undisclosed Opinions by Mr. David Yurkerwich and Exhibits 1-4 by Adobe Systems Incorporated.(Kessel, Adam) |
| Filing 555 DECLARATION of Leonard Z. Hua in Support of EveryScape's Opposition to Adobe's Motion to Enforce the Court's November 26, 2014 Order Regarding Expert Testimony by EveryScape, Inc.. (Attachments: #1 Exhibit A (SEALED))(Hua, Leonard) |
| Filing 554 Assented to MOTION to Seal by EveryScape, Inc..(Hua, Leonard) |
| Filing 553 ELECTRONIC Clerk's Notes for proceedings held before Judge Richard G. Stearns: Jury Trial Day Three held on 1/14/2015. Resume with cross examination of Witness 3 Mok Ha; Exhibits Admitted by plaintiff: 417, 423-425, by defendant: 408-416,418-422; defendant calls WT4 Steve Troppoli; Plaintiff calls WT5 Russell Brown via video testimony; jurors excused for the day at 1:10 PM; trial resumes at 9:00 AM on 1/15/15.(Court Reporter: James Gibbons at jmsgibbons@yahoo.com; Lisa Valdario at lmcv@comcast.net)(Attorneys present: Feigelson, Airan, Mueller for plaintiffs; Scherkenbach, Kessel, Chen for defendants) (Seelye, Terri) |
| Filing 552 MOTION to Enforce the Court's November 26, 2014 Order Regarding Expert Testimony by Adobe Systems Incorporated. (Attachments: #1 Exhibit 1)(Kessel, Adam) |
| Filing 551 Judge Richard G. Stearns: ELECTRONIC ORDER entered. Adobes motion to preclude unredacted version of trial exhibit CV is allowed. Consistent with the courts rulings on the motions in limine and Cherys deposition designations, the parties are to be respectful in addressing each other before the jury and are to avoid using pejorative terms. The court allowed Adobes use of exhibits containing references to troll and NTP because they did not refer to EveryScape, but to a third party, and nonetheless gave a softening instruction. EveryScape is to redact references to Adobe as the 800 pound gorilla before offering trial exhibit CV.(RGS, int2) |
| Filing 550 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #547 Motion to Seal (RGS, int2) |
| Filing 549 Judge Richard G. Stearns: ELECTRONIC ORDER entered denying #545 Motion to preclude documents re waiver of rights by MIT on the understanding that the issue is impeachment only, and not ownership of the patents in suit. (RGS, int2) |
| Filing 548 DECLARATION of Kevin J. DeJong in Support of Adobe Systems Incorporated's Motion to Preclude Everyscape from Offering an Un-Redacted Version of Trial Exhibit CV into Evidence by Adobe Systems Incorporated. (Attachments: #1 Exhibit 1 - SEALED, #2 Exhibit 2 - SEALED, #3 Exhibit 3 - SEALED)(Kessel, Adam) |
| Filing 547 MOTION to Seal by Adobe Systems Incorporated.(Kessel, Adam) |
| Filing 546 Opposition re #545 MOTION to Enforce the Court's Order (ECF No. 499) Regarding the Agreed Motion in Limine on Ownership re 499 Order on Motion in Limine filed by Adobe Systems Incorporated. (Kessel, Adam) |
| Filing 545 MOTION to Enforce the Court's Order (ECF No. 499) Regarding the Agreed Motion in Limine on Ownership re 499 Order on Motion in Limine by EveryScape, Inc..(Hua, Leonard) |
| Filing 544 Judge Richard G. Stearns: ELECTRONIC ORDER entered denying #526 Motion to preclude comparisons between prior art and commercial products. The parties may make comparisons between commercial products for relevant purposes such as to demonstrate flaws in each other's contentions regarding claim scope, or that certain products had more efficient user interfaces (thus contributing to their commercial success). The court notes, however, "MERE proof that the prior art is identical, in all material respects, to an allegedly infringing product cannot constitute clear and convincing evidence of invalidity." Uniloc USA, Inc. v. Microsoft Corp., 632 F.3d 1292, 1323 (Fed. Cir. 2011) (emphasis added). Ultimately, any argument on patent invalidity must reference back to the claim language itself - "[a]nticipation requires a showing that each element of the claim at issue, properly construed, is found in a single prior art reference." Id. The court also notes that the objection regarding the captions of EveryScape's opening slides is moot given the parties' agreement. (RGS, int2) |
| Filing 543 ELECTRONIC Clerk's Notes for proceedings held before Judge Richard G. Stearns: Jury Trial Day Two held on 1/13/2015. Plaintiff calls WT2 Fredo (Frederick) Durand; WT3 Mok Oh; Plaintiff Exhibits admitted: 400 - 405; Defendant Exhibits admitted: 398(FY), 399(HJ), 406(KS), 407(CR); Parties stipulate to 358 (Mok3 Source Code) and to 370 (Mok3 Hard Copy 2001); Jurors excused at 4:00 PM; Trial to resume at 9:00 AM on 1/14/15 with further testimony from WT3 Mok Oh. (Court Reporter: James Gibbons at jmsgibbons@yahoo.com, Lisa Valdario at lmcv@comcast.net)(Attorneys present: Feigelson, Airan, Mueller for EveryScape; Scherkenbach, Kessel, Chen for Adobe)(Seelye, Terri) Modified text on 1/14/2015 (Seelye, Terri). |
| Filing 542 STIPULATION Regarding Trial Exhibits by Adobe Systems Incorporated. (Kessel, Adam) |
| Filing 541 MEMORANDUM in Opposition re #526 MOTION to Preclude EveryScape's Attempt to Show Validity by Comparing the Prior Art to the Accused Product filed by EveryScape, Inc.. (Hua, Leonard) |
| Filing 540 ELECTRONIC Clerk's Notes for proceedings held before Judge Richard G. Stearns: Jury Trial One held on 1/12/2015. Jury of 8 seated; Preliminary instructions; Video; Opening Statements; Plaintiff calls W1 James Schoonmaker; Exhibits admitted: deft 395(HE),396(HN); pla 397(CZ); jurors excused at 4:00 PM; trial to resume at 9:00 AM on 1/13/15. (Court Reporter: James Gibbons at jmsgibbons@yahoo.com, Debra Joyce at joycedebra@gmail.com, Lisa Valdario at lmcv@comcast.net)(Attorneys present: Feigelson, Airan, Mueller for EveryScape; Scherkenbach, Kessel, Chen for Adobe) (Seelye, Terri) |
| Filing 527 Judge Richard G. Stearns: ELECTRONIC ORDER entered. re #525 Stipulation filed by EveryScape, Inc. The court approves the parties' joint stipulation as to trial mechanics in so far as they are consistent with the court's rulings.(RGS, int2) |
| Filing 526 MOTION to Preclude EveryScape's Attempt to Show Validity by Comparing the Prior Art to the Accused Product by Adobe Systems Incorporated.(Kessel, Adam) |
| Filing 525 STIPULATION Regarding Jury Trial Logistics (Joint) by EveryScape, Inc.. (Hua, Leonard) |
| Filing 524 ELECTRONIC Clerk's Notes for proceedings held before Judge Richard G. Stearns: Final Pretrial Conference held on 1/9/2015. Unredacted versions of trial exhibits HE and HN may be proffered on cross-examination. If the documents are found to be relevant and admitted, the court will at that time instruct the jury that the term troll is a pejorative term that some patent practioners use as a shorthand to refer to firms that aggressively enforce patent rights through litigation. NTP is well-known example of such a firm. (Court Reporter: None.)(Attorneys present: Mueller, Airan, and Feigelson for plaintiff, Scherkenbach, Kessel, and Chen for defendant) (RGS, int2) |
| Filing 523 Amended Proposed Voir Dire by EveryScape, Inc.. (Hua, Leonard) |
| Filing 522 Revised Exhibit List (Revised Appendix I to Pretrial Memorandum) by EveryScape, Inc... (Hua, Leonard) |
| Filing 521 Plaintiff's Revised Prospective Witness List by EveryScape, Inc.. (Hua, Leonard) |
| Filing 520 Amended JOINT STATEMENT of counsel (Revised Appendix N to Pretrial Memorandum - Joint Succinct and Neutral Statement). (Hua, Leonard) |
| Filing 519 Revised Prospective Trial Witness List by Adobe Systems Incorporated. (Kessel, Adam) |
| Filing 518 Amended Proposed Jury Instructions by EveryScape, Inc.. (Hua, Leonard) |
| Filing 517 NOTICE. The court intends to distribute to the jury a glossary of patent terms as attached - the parties are requested to review and provide comments at the final pre-trial conference this afternoon. (RGS, int2) |
| Filing 516 Judge Richard G. Stearns: ELECTRONIC ORDER entered. re #514 Stipulation filed by EveryScape, Inc. The parties are requested to submit updated pretrial papers consistent with their stipulation simplifying the trial scope.(RGS, int2) |
| Filing 515 Judge Richard G. Stearns: ELECTRONIC ORDER entered. re #514 Stipulation filed by EveryScape, Inc., adopting the parties' joint stipulation. Infringement claims for EveryScape's Color Ration claims (4, 5, & 6 of the '374 patent and 4, 5, 6, 15, 16, 17, 28, & 29 of the '022 patent) and Adobe's '742 patent are dismissed with prejudice, and the associated declaratory judgment and counterclaims of noninfringement and invalidity are dismissed without prejudice.(RGS, int2) |
| Filing 514 STIPULATION to Simplify Trial (Joint) by EveryScape, Inc.. (Hua, Leonard) |
| Filing 513 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #504 Motion for Leave to Appear Pro Hac Vice Added Brandt. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Flaherty, Elaine) |
| Filing 512 Opposition re #478 MOTION to Strike The "Supplemental" Report of Hany Farid, Ph.D. PUBLIC VERSION filed by Adobe Systems Incorporated. (Kessel, Adam) |
| Filing 511 Opposition re #490 MOTION in Limine REDACTED filed by Adobe Systems Incorporated. (Kessel, Adam) |
| Filing 510 Judge Richard G. Stearns: ELECTRONIC ORDER entered. The court allows in part and denies in part Adobe's omnibus motions in limine as follows. 1.Evidence or argument of alleged copying or Adobe's pre-suit conduct - DENIED. Copying is one of the secondary indicia of non-obviousness. The parties' prior relationship and communications are also relevant to knowledge and good faith. Sufficiency/credibility of the evidence is a matter for the jury.2.Evidence or argument related to Adobe's internal patent guidelines - ALLOWED in that these guidelines have not been tied to any pertinent individual's state of mind. However, the guidelines may be used for impeachment purposes if appropriate.3.Jury instruction or attorney argument regarding the presumption or patent validity - ALLOWED IN PART as to attorney argument, but DENIED IN PART as to jury instruction. The court will instruct the jury on the burden of proof for a claim of patent invalidity consistent with its instructions in the Philips matter.4.Adobe's dismissed or dropped claims/defenses and discovery issues, or characterizations of Adobe's litigation strategy - ALLOWED.5.Evidence or argument regarding Adobe's overall revenue, profits, and market capitalization - ALLOWED in part - EveryScape may not present damages evidence as to non-accused products, and DENIED in part - EveryScape may present evidence of the parties relative bargaining positions including publicly available information on Adobe's size, profits, etc, and damages evidence on product suites containing accused products.6.Evidence or testimony related to pre-issuance damages - ALLOWED as EveryScape has withdrawn its opposition. See also Nat'l Presto Indus., Inc. v. W. Bend Co., 76 F.3d 1185, 1196 (Fed. Cir. 1996) ("We hold that the general rule is that inducement of infringement under 271(b) does not lie when the acts of inducement occurred before there existed a patent to be infringed.").(RGS, int2) |
| Filing 509 NOTICE by EveryScape, Inc. to Withdraw its Opposition to Adobe Motion in Limine #6 (Hua, Leonard) |
| Filing 508 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #507 Motion to Seal (RGS, int2) |
| Filing 507 Assented to MOTION to Seal by EveryScape, Inc..(Hua, Leonard) |
| Filing 506 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting in part and denying in part #490 EveryScape's Omnibus Motions in Limine as follows. 1. Alleged violations of Adobe's copyright and related evidence - ALLOWED. 2. Noninfringement of EveryScape's patents (including statements that "Adobe does not infringe any valid claims" or "Adobe practices the prior art" - ALLOWED IN PART - Adobe agrees that it will not argue to the jury that it practices prior art - and otherwise DENIED. The court will fulfill its obligations to ensure against jury confusion by properly instructing the jury on the issues in dispute. 3. Comparison of the prior art to commercial products covered by the patent - MOOT in light of the court's previous ruling (Dkt. No. 500). 4. Prior Art for which no foundation has been laid - MOOT - the court will handle evidentiary objections on a case-by-case basis. 5. Undisclosed invalidity defenses or prior art reference combinations - ALLOWED - the court is assured that the parties understand that experts may only testify within the metes and bounds of their Rule 26b disclosures. 6. Anticipation based on "gap filling" or combination of references - DENIED in that Adobe may prove the content/functionality of Painter 7 software through extrinsic evidence; however, if Adobe contends that a non-explicit feature is inherent it must prove to the jury that the feature "necessarily" existed within Painter 7. 7. Unpublished draft manuscripts - ALLOWED IN PART - Adobe agrees that Dr. Oh's draft manuscripts will not be presented as prior art - otherwise DENIED - the manuscripts may be used for other relevant purposes, such as demonstrating Dr. Oh's understanding of what constituted prior art. 8. Negative or derogatory comments about the USPTO - DENIED. 9. Derogatory, disparaging, and/or pejorative references to EveryScape - ALLOWED IN PART - the court expects the parties to be respectful in addressing each other and not use terms with pejorative connotations such as "troll." However, Adobe may use the more neutral term "non-practicing entity" for the applicable time periods. 10. The alleged contributions of Julie Dorsey to the claimed invention - MOOT in light of the parties stipulated motion in limine (Dkt. No. 494) #9. The court notes that inventorship is not at issue in this case. 11. EveryScape's financial condition or size - DENIED - the parties may present evidence of their relative bargaining positions, which informs the hypothetical licensing negotiation. 12. Other patents as a defense or limitation on damages - DENIED - that the accused product is covered by other patents is not a defense to infringement but is relevant to the issue of apportioning value for damages assessment. (RGS, int2) |
| Filing 505 Amended Proposed Jury Instructions by EveryScape, Inc.. (Hua, Leonard) |
| Filing 504 MOTION for Leave to Appear Pro Hac Vice for admission of Michael J. Brandt Filing fee: $ 100, receipt number 0101-5355580 by EveryScape, Inc.. (Attachments: #1 Affidavit of Michael J. Brandt)(Feigelson, Aaron) |
| Filing 503 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #501 Motion to Seal (RGS, int2) |
| Filing 502 DECLARATION of Kevin J. DeJong in Support of Adobe Systems Incorporated's Opposition to EveryScape's Motions in Limine by Adobe Systems Incorporated. (Attachments: #1 Exhibit SEALED Ex. 1, #2 Exhibit SEALED Ex. 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit SEALED Ex. 5, #6 Exhibit SEALED Ex. 6, #7 Exhibit SEALED Ex. 7, #8 Exhibit SEALED Ex. 8, #9 Exhibit SEALED Ex. 9, #10 Exhibit SEALED Tr. Ex. CV, #11 Exhibit SEALED Tr. Ex. HE, #12 Exhibit SEALED Tr. Ex. HN)(Kessel, Adam) |
| Filing 501 Assented to MOTION to Seal by Adobe Systems Incorporated.(Kessel, Adam) |
| Filing 500 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting in part and denying in part #478 EveryScape's motion to strike Dr. Hany Farid's supplemental expert report. The report discusses two separate but related subject matters - the functionality of the Mok3 Perspective Correction Tool that was commercially available in the 2004/2005 period, and the underlying source code. With respect to the tool (i.e. the binary files), as EveryScape contended all along that this tool embodies its patented invention, EveryScape should have produced a working copy of the tool during fact discovery to Adobe under its automatic disclosure obligations and in response to Adobe's discovery requests. Thus, the portions of Dr. Farid's supplemental report that discuss the operations of the tool are proper given the late production of the tool itself. In any event, as Adobe has designated the tool as an exhibit at trial, the jury can make its own determination through the demonstration. The court also sees the relevance of the report's discussion - Adobe is making the point that EveryScape cannot have its cake and eat it too - EveryScape cannot both claim that the Mok3 tool embodies the patent claims and Painter 7 does not if they suffer from the same alleged deficiencies. The claims must be read through the same prior art lens as brought to focus on the allegedly infringing products.The court will strike the portions of Dr. Farid's report that discuss the source code. It appears that EveryScape did offer an inspection of the code (which was in "addition[]" to the Durand 2001 MIT code) in its December 29, 2011 letter to Adobe (EveryScape Ex. D) pursuant to the parties' stipulated protective order. In any event, the discussion of the code in the supplemental report only goes to the point of whether Dr. Oh wrote the commercial plug-in from scratch (or whether he truthfully testified to such). Based on Dr. Bystrom's deposition testimony (she stated that some portions of the code she reviewed dated to 2001), it is open to Adobe to pursue the issue on cross-examination, should it elect to do so. (RGS, int2) |
| Filing 499 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #494 Motion in Limine, adopting the parties' stipulations regarding trial evidentiary limits. (RGS, int2) |
| Filing 498 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #496 Motion to Seal (RGS, int2) |
| Filing 497 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #493 Motion to Seal (RGS, int2) |
| Filing 496 Assented to MOTION to Seal by EveryScape, Inc..(Hua, Leonard) |
| Filing 495 PRETRIAL MEMORANDUM by EveryScape, Inc.. (Attachments: #1 Appendix A - Stipulation of Facts, Agreed to, #2 Appendix B - Plaintiff's Witness List, #3 Appendix C - Defendant's Witness List, #4 Appendix D - Plaintiff's Deposition Designations, #5 Appendix E- Defendant's Deposition Designations, #6 Appendix F - Discovery Responses/Objection, #7 Appendix G - Interrogatory Response, #8 Appendix H - Joint List of Exhibits, #9 Appendix I - List of Exhibits to be offered, #10 Appendix J - Foreseeable Disputes, #11 Appendix K-1 - Proposed Preliminary Jury Instructions, #12 Appendix K-2- Proposed Final Jury Instructions, #13 Appendix L-1 - Plaintiff's Proposed Special Verdict Questions, #14 Appendix L-2- Proposed Verdict Form, #15 Appendix M - Proposed Questions, #16 Appendix N - Joint Succinct & Neutral Statement)(Hua, Leonard) Modified text on 1/6/2015 (Seelye, Terri). |
| Filing 494 Joint MOTION in Limine by EveryScape, Inc..(Hua, Leonard) |
| Filing 493 Assented to MOTION to Seal by EveryScape, Inc..(Hua, Leonard) |
| Filing 492 DECLARATION re #490 MOTION in Limine , Declaration of Leonard Z. Hua by EveryScape, Inc.. (Attachments: #1 Exhibit A (to be filed under seal), #2 Exhibit B, #3 Exhibit C)(Hua, Leonard) |
| Filing 491 MEMORANDUM in Support re #490 MOTION in Limine filed by EveryScape, Inc.. (Hua, Leonard) |
| Filing 490 MOTION in Limine by EveryScape, Inc..(Hua, Leonard) |
| Filing 489 DECLARATION of Kevin J. DeJong in Support of Adobe Systems Incorporated's Omnibus Motions in Limine by Adobe Systems Incorporated. (Attachments: #1 Exhibit 1 - SEALED, #2 Exhibit 2 - SEALED, #3 Exhibit 3 - SEALED, #4 Exhibit 4 - SEALED, #5 Exhibit 5 - SEALED, #6 Exhibit 6 - SEALED, #7 Exhibit 7 - SEALED, #8 Exhibit 8 - SEALED, #9 Exhibit 9 - SEALED, #10 Exhibit 10 - SEALED, #11 Exhibit 11 - SEALED, #12 Exhibit 12 - SEALED, #13 Exhibit 13 - SEALED, #14 Exhibit 14 - SEALED, #15 Exhibit Trial Exhibit AO - SEALED, #16 Exhibit Trial Exhibit AW - SEALED, #17 Exhibit Trial Exhibit AZ - SEALED, #18 Exhibit Trial Exhibit BG - SEALED, #19 Exhibit Trial Exhibit BP - SEALED, #20 Exhibit Trial Exhibit BR - SEALED, #21 Exhibit Trial Exhibit BS - SEALED, #22 Exhibit Trial Exhibit BT - SEALED, #23 Exhibit Trial Exhibit BU - SEALED, #24 Exhibit Trial Exhibit BV - SEALED, #25 Exhibit Trial Exhibit BW - SEALED, #26 Exhibit Trial Exhibit CF - SEALED, #27 Exhibit Trial Exhibit CG - SEALED, #28 Exhibit Trial Exhibit CR - SEALED, #29 Exhibit Trial Exhibit CS - SEALED, #30 Exhibit Trial Exhibit CU - SEALED, #31 Exhibit Trial Exhibit CV - SEALED, #32 Exhibit Trial Exhibit CW - SEALED, #33 Exhibit Trial Exhibit CY - SEALED, #34 Exhibit Trial Exhibit DL, #35 Exhibit Trial Exhibit DM - SEALED, #36 Exhibit Trial Exhibit DN - SEALED, #37 Exhibit Trial Exhibit DQ - SEALED, #38 Exhibit Trial Exhibit FJ, #39 Exhibit Trial Exhibit FO - SEALED, #40 Exhibit Trial Exhibit FU - SEALED, #41 Exhibit Trial Exhibit 175 - SEALED)(Kessel, Adam) |
| Filing 488 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #487 Motion to Seal (RGS, int2) |
| Filing 487 MOTION to Seal by Adobe Systems Incorporated.(Kessel, Adam) |
| Filing 486 Judge Richard G. Stearns: ELECTRONIC ORDER entered. The parties are requested to submit courtesy copies of all trial documents (including motions in limine and any replies) as soon as practicable. The parties may assume that the court will grant motions to seal for any trial papers that the parties stipulate should be submitted under seal.(RGS, int2) |
| Filing 485 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #483 Motion to Seal (RGS, int2) |
| Filing 484 DECLARATION of Kevin J. DeJong in Support of Adobe's Memorandum in Opposition to Everyscape's Motion to Strike the Supplemental Report of Dr. Farid by Adobe Systems Incorporated. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7 - SEALED, #8 Exhibit 8 - SEALED, #9 Exhibit 9 - SEALED, #10 Exhibit 10 - SEALED, #11 Exhibit 11 - SEALED, #12 Exhibit 12 - SEALED, #13 Exhibit 13 - SEALED, #14 Exhibit 14 - SEALED, #15 Exhibit 15, #16 Exhibit 16)(Kessel, Adam) |
| Filing 483 MOTION to Seal by Adobe Systems Incorporated.(Kessel, Adam) |
| Filing 482 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #481 Motion to Seal (RGS, int2) |
| Filing 481 Assented to MOTION to Seal Exhibit A to EveryScape's Motion to Strike the "Supplemental" Report of Hany Farid, Ph.D., [D.I. 478] by EveryScape, Inc..(Feigelson, Aaron) |
| Filing 480 DECLARATION re #478 MOTION to Strike The "Supplemental" Report of Hany Farid, Ph.D. , Declaration of Leonard Z. Hua, by EveryScape, Inc.. (Attachments: #1 Exhibit A-H)(Feigelson, Aaron) |
| Filing 479 MEMORANDUM in Support re #478 MOTION to Strike The "Supplemental" Report of Hany Farid, Ph.D. filed by EveryScape, Inc.. (Feigelson, Aaron) |
| Filing 478 MOTION to Strike The "Supplemental" Report of Hany Farid, Ph.D. by EveryScape, Inc..(Feigelson, Aaron) |
| Filing 477 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting in part and denying in part #464 Motion in Limine. Not having submitted an expert disclosure, Dr. Wolberg will not be permitted to give any expert opinion testimony comparing any prior art to the scope of any asserted claims. However, having been disclosed as a fact witness prior to the fact discovery deadline (although just), Dr. Wolberg will be permitted to testify as to his personal knowledge and experience of his book and other prior art, provided he is established as a person of skill in the art of digital imaging. See Downey v. Bob's Discount Furniture Holdings, Inc., 633 F.3d 1, 6 (1st Cir. 2011). (RGS, int2) |
| Filing 476 NOTICE of Withdrawal of Appearance by Ian Feinberg (Feinberg, Ian) |
| Filing 475 Judge Richard G. Stearns: ELECTRONIC ORDER entered denying #421 Motion in Limine. In this motion in limine, EveryScape contends that Adobe's expert, Dr. Stevenson's methodology in analyzing whether PTGui the stitching software of EveryScape's system infringes Adobe's '742 patent is unreliable because he relies on a visual inspection of the images (with and without the banding and red dot tests) to conclude that the visibility mask values of the pixels in the stitched panoramas were set to fully visible for non-overlapping areas. EveryScape faults Dr. Stevenson for not examining the underlying source code, and for not accounting for the bleeding of red and green colors from the banding in areas where the images do not overlap. The motion will be denied. There is no requirement that source code be consulted in all cases to determine the workings of software. Here the critical working (the blending of two overlapping images) is evident in the final product. Thus, visual inspections and other visual tests are entirely appropriate, even if not the only or even the most reliable method that could be employed. (Dr. Stevenson explained that he is able to come to the conclusion of complete visibility in the non-overlapping areas because there is no dark banding in the resulting panorama that would result from partial visibility in those areas.) To the extent that the results may support other underlying algorithms, EveryScape is free to cross-examine Dr. Stevenson at trial. Further, the bleeding of colors from the banding into non-overlapping areas, as Adobe aptly points out, is not an artifact of visibility masking. No amount of masking/unmaking should introduce new colors into a non-overlapping area of an image. (RGS, int2) |
| Filing 474 Opposition re #464 MOTION in Limine to Exclude the Testimony of Dr. George Wolberg [REDACTED VERSION] filed by Adobe Systems Incorporated. (Kessel, Adam) |
| Filing 473 DECLARATION of Kevin J. DeJong in Support of Adobe's Opposition to EveryScape's Motion to Exclude the Testimony of Dr. George Wolberg by Adobe Systems Incorporated. (Attachments: #1 Exhibit 1, #2 Exhibit 2 - SEALED, #3 Exhibit 3 - SEALED, #4 Exhibit 4 - SEALED, #5 Exhibit 5 - SEALED, #6 Exhibit 6 - SEALED, #7 Exhibit 7 - SEALED, #8 Exhibit 8)(Kessel, Adam) |
| Filing 472 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #471 Motion to Seal (RGS, int2) |
| Filing 471 MOTION to Seal Adobe's Opposition to EveryScape's Motion to Exclude the Testimony of Dr. George Wolberg and Exhibits 2-7 to the Declaration of Kevin J. DeJong in Support of Adobe's Opposition to EveryScape's Motion to Exclude the Testimony of Dr. George Wolberg by Adobe Systems Incorporated.(Kessel, Adam) |
| Filing 470 SEALED Exhibit F to memorandum in support of Everyscape's Motion to exclude testimony of Dr. George Wolberg, FILED UNDER SEAL. (Flaherty, Elaine) |
| Filing 469 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting in part and denying in part #418 Motion to Strike. In this motion, defendant Adobe seeks to limit the testimony of Dr. Maja Bystrom, EveryScapes expert, in three respects. First, by excluding testimony that the Mok3 Perspective Clone Brush practiced claims of EveryScape's patent, partly because in Adobe's view Mok3 is ancient history, but principally because Dr. Bystrom is alleged to have (probably) relied on the wrong source code in reaching her opinions about Mok3. Second, to confine Dr. Bystrom's technical analysis to the Clone Stamp tool and exclude any testimony regarding the Marquee tool, which Adobe contends was beyond the scope of her charge and is essentially unmentioned in her expert report. And third, to bar Dr. Bystrom from offering opinions as to Adobe's intent and state of mind with respect to the issue of inducing infringement. The admission of expert testimony, as the parties are well aware, is within the sound discretion of the trial court. Newell Puerto Rico, Ltd. v. Rubbermaid, Inc., 20 F.3d 15, 20 (1st Cir. 1994). "[C]ourts must be cautious - except when defects are obvious on the face of a proffer - not to exclude debatable scientific evidence without affording the proponent... adequate opportunity to defend its admissibility." Cortes-Irizarry v. Corporacion Insular de Seguros, 111 F.3d 184, 188 (1st Cir. 1997). "Vigorous cross-examination, presentation of contrary evidence, and careful instruction on the burden of proof are the traditional and appropriate means of attacking shaky but admissible evidence." Daubert v. Merrell Dow Pharms., Inc., 509 U.S. 579, 596 (1993). Adobe's motion will be allowed in part and denied in other respects. If Dr. Bystrom used the wrong source code for her analysis of Mok3, Adobe has salubrious fodder for its cross-examination. The court, however, is not convinced that Dr. Bystrom in fact used the wrong source code and, moreover, is of the view that her Mok3 analysis finds support elsewhere in her expert report. If the court is proved wrong in this regard, a ruling on a motion in limine is not conclusive on the issue of the reliability of expert opinion evidence, the validity of which is open to attack by the opponent at trial before the trier of fact. With respect to the Marquee tool, Adobe's position has merit. As the court has made consistently clear in any number of contexts, it takes Rule 26 seriously. If an expert has failed to disclose an opinion in her report, that opinion is not admissible and will not be admitted at trial (unless elicited by the party-opponent). With respect to the third area of disputed testimony, the court will not, on appropriate objection (as it has previously ruled), permit Dr. Bystrom to testify to Adobe's subjective intent or state of mind. Insofar as Dr. Bystrom proposes to testify to her unadorned opinion that the practice of Adobes instructional materials enables an infringer, her testimony to that effect will be allowed. (RGS, int2) |
| Filing 468 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #466 Motion to Seal Document (RGS, int2) |
| Filing 467 SEALED exhibits 431, exbibit I to be submitted under separate cover, FILED UNDER SEAL. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Flaherty, Elaine) |
| Filing 466 Assented to MOTION to Seal Document Exhibit F to EveryScape's Motion in Limine to Exclude the Testimony of George Wolberg by EveryScape, Inc..(Feigelson, Aaron) |
| Filing 465 MEMORANDUM in Support re #464 MOTION in Limine to Exclude the Testimony of Dr. George Wolberg filed by EveryScape, Inc.. (Attachments: #1 Affidavit Declaration of Aaron R. Feigelson in Support of Motion, #2 Exhibit Exhibits A-G to Feigelson Declaration)(Feigelson, Aaron) |
| Filing 464 MOTION in Limine to Exclude the Testimony of Dr. George Wolberg by EveryScape, Inc..(Feigelson, Aaron) |
| Filing 463 SEALED Exhibit one to declaration of David Kuznick, FILED UNDER SEAL. (Flaherty, Elaine) |
| Filing 462 SEALED Exhibits 7 and 8 to Declaration of Kevin J. DeJong in support of Abobe's Reply brief in support of its Daubert Motion to Exclude Certain testimony of Dr. Maja Bystrom, FILED UNDER SEAL. (Attachments: #1 Exhibit)(Flaherty, Elaine) |
| Filing 461 REPLY to Response to #421 MOTION in Limine to Exclude Opinions of Dr. Robert L. Stevenson That are Based on Subjective Observations and That Conflict With Available Objective Evidence (Leave to File Granted on November 25, 2014) filed by EveryScape, Inc.. (Hua, Leonard) |
| Filing 460 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #459 Motion for Leave to File Document ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (RGS, int2) |
| Filing 459 Assented to MOTION for Leave to File a Reply Brief in Support of EveryScape's Motion in Limine to Exclude Opinions of Dr. Robert L. Stevenson That are Based on Subjective Observations and That Conflict With Available Objective Evidence by EveryScape, Inc.. (Attachments: #1 Exhibit 1 - Proposed Reply Brief)(Hua, Leonard) |
| Filing 458 SUR-REPLY to Motion re #418 MOTION to Strike Certain Testimony of Dr. Maja Bystrom Under Daubert filed by EveryScape, Inc.. (Feigelson, Aaron) |
| Filing 457 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #456 Motion for Leave to File Document ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (RGS, int2) |
| Filing 456 MOTION for Leave to File a Surreply Brief in Opposition to Adobe Systems Inc.'s Daubert Motion to Exclude Certain Testimony of Dr. Maja Bystrom by EveryScape, Inc.. (Attachments: #1 Exhibit Proposed Surreply)(Feigelson, Aaron) |
| Filing 455 SEALED exhibits to declaration of David Kuznick in ISOS Aobe's opposition to Everyscape's Motion in Limine to exclude opinions of Robert Stevenson, FILED UNDER SEAL. (Attachments: #1 Exhibit)(Flaherty, Elaine) |
| Filing 454 SEALED Exhibits 1 - 5 to declaration of DeJong ISO motion to exclude certain Bystrom testimony, FILED UNDER SEAL. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Flaherty, Elaine) |
| Filing 453 SEALED Adobe Memo ISO Daubert Motion to exclude certain Bystrom Testimony, FILED UNDER SEAL. (Flaherty, Elaine) |
| Filing 452 SEALED exhibit 12 to Declaration of Kuznick ISO Adobe Motion to Exclude Testimony of David Yurkerwich, FILED UNDER SEAL. (Attachments: #1 Exhibit)(Flaherty, Elaine) |
| Filing 451 SEALED Adobe reply ISO motion to exclude Yurkerwich testimony. (Attachments:-Exhibits 15-17 to declaration of DeJong ISO Adobe Reply ISO motion to exlude Yurkerwich #1 Exhibit, #2 Exhibit, #3 Exhibit) FILED UNDER SEAL(Flaherty, Elaine) |
| Filing 450 SEALED Declaration of Professor Robert Stevenson in support of Adobe's opposition to Everycape's Motion to Exclude, FILED UNDER SEAL. (Flaherty, Elaine) |
| Filing 449 SEALED exhibits to declaration of David Kuznick in support of Adobe's Opposition to Everyscape's Motion in Limine to exclude opinions of Dr. Robert L. Stevenson, FILED UNDER SEAL. (Attachments: #1 Exhibit)(Flaherty, Elaine) |
| Filing 448 SEALED Adobe's Opposition to Everyscape's Motion in limine to exclude opinions of Robert L. Stevenson, FILED UNDER SEAL. (Flaherty, Elaine) |
| Filing 447 DECLARATION re #446 Opposition to Motion, in Limine to Exclude Opinions of Dr. Robert L. Stevenson by Adobe Systems Incorporated. (Kessel, Adam) |
| Filing 446 Opposition re #421 MOTION in Limine to Exclude Opinions of Dr. Robert L. Stevenson That are Based on Subjective Observations and That Conflict With Available Objective Evidence filed by Adobe Systems Incorporated. (Kessel, Adam) |
| Filing 445 SEALED Adobe's Opposition to Everyscape's Motion to exclude opinions of Dr. Robert L. Stevenson, FILED UNDER SEAL. (Flaherty, Elaine) |
| Filing 444 DECLARATION re #443 Reply to Response to Motion to Exclude Certain Testimony of Dr. Maja Bystrom Under Daubert by Adobe Systems Incorporated. (Attachments: #1 Exhibit 6, #2 Exhibit 7 - SEALED, #3 Exhibit 8 - SEALED)(Kessel, Adam) |
| Filing 443 REPLY to Response to #418 MOTION to Strike Certain Testimony of Dr. Maja Bystrom Under Daubert (Leave to File Granted on November 18, 2014) filed by Adobe Systems Incorporated. (Kessel, Adam) |
| Filing 442 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #441 Motion to Seal (RGS, int2) |
| Filing 441 MOTION to Seal Exhibits 7 and 8 to the Declaration of Kevin J. DeJong in Support of Adobe's Reply Brief in Support of its Daubert Motion to Exclude Certain Testimony of Dr. Maja Bystrom by Adobe Systems Incorporated.(Kessel, Adam) |
| Filing 440 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #439 Motion for leave to file reply brief re motion to exclude Dr. Bystrom. (RGS, int2) |
| Filing 439 MOTION for Leave to File a Reply Brief in Support of its Daubert Motion to Exclude Certain Testimony of Dr. Maja Bystrom re #418 MOTION to Strike Certain Testimony of Dr. Maja Bystrom Under Daubert by Adobe Systems Incorporated. (Attachments: #1 Exhibit A)(Kessel, Adam) |
| Filing 438 Judge Richard G. Stearns: ELECTRONIC ORDER entered denying #434 Motion to Continue. The court's schedule does not have current availability to begin a two-week trial on January 20, 2015. To accommodate the scheduling conflicts of Adobe's witnesses, the court will make arrangements for Prof. Farid to testify via a live video link. The court will accept video deposition testimony from Dr. Wolberg, or live video testimony if possible. (RGS, int2) |
| Filing 437 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #435 Motion to Seal (RGS, int2) |
| Filing 436 DECLARATION of David B. Kuznick in Support of Adobe Systems Incorporated's Opposition to Everyscape's Motion in Limine to Exclude Opinions of Dr. Robert L. Stevenson by Adobe Systems Incorporated. (Attachments: #1 Exhibit A - SEALED, #2 Exhibit B - SEALED)(Kessel, Adam) |
| Filing 435 MOTION to Seal by Adobe Systems Incorporated.(Kessel, Adam) |
| Filing 434 Assented to MOTION to Continue Trial to January 20, 2014 Due to Witness Scheduling Conflicts by Adobe Systems Incorporated.(Kessel, Adam) |
| Filing 433 MEMORANDUM in Opposition re #418 MOTION to Strike Certain Testimony of Dr. Maja Bystrom Under Daubert [REDACTED VERSION] filed by EveryScape, Inc.. (Hua, Leonard) |
| Filing 432 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #430 Motion to Seal (RGS, int2) |
| Filing 431 DECLARATION of Leonard Z. Hua in Support of EveryScape, Inc.'s Memorandum in Opposition to Adobe Systems Inc.'s Daubert Motion to Exclude Certain Testimony of Dr. Maja Bystrom by EveryScape, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B - SEALED, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F - SEALED, #7 Exhibit G, #8 Exhibit H - SEALED, #9 Exhibit I - SEALED, #10 Exhibit J - SEALED)(Hua, Leonard) |
| Filing 430 Assented to MOTION to Seal by EveryScape, Inc..(Hua, Leonard) |
| Filing 429 Judge Richard G. Stearns: ORDER entered resetting Jury Trial due to a court conflict. AMENDED PROCEDURAL ORDER re pretrial/trial. Final Pretrial Conference RESET for 1/9/2015 at 3:00 PM and Jury Trial RESET for 1/12/2015 at 9:00 AM in Courtroom 21 before Judge Richard G. Stearns. Counsel shall submit all proposed exhibits on a DVD-R or CD (as required by the attached Notice), to the attention of the Courtroom Clerk by 1/9/15. The clerks office may not accept flash/thumb drives. All exhibits must be on a CD or DVD. (Jury Trial set for 1/12/2015 from 9:00 AM to 4:00 PM and from 9:00 AM to 1:00 PM, thereafter). (Attachments: #1 Notice re: Jury Evidence Recording System)(Seelye, Terri) |
| Filing 428 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #422 Motion to Seal (RGS, int2) |
| Filing 427 DECLARATION re #421 MOTION in Limine to Exclude Opinions of Dr. Robert L. Stevenson That are Based on Subjective Observations and That Conflict With Available Objective Evidence by EveryScape, Inc.. (Attachments: #1 Exhibit 1A, #2 Exhibit 1B, #3 Exhibit 2A - SEALED, #4 Exhibit 2B - SEALED)(Hua, Leonard) |
| Filing 426 MEMORANDUM in Support re #421 MOTION in Limine to Exclude Opinions of Dr. Robert L. Stevenson That are Based on Subjective Observations and That Conflict With Available Objective Evidence filed by EveryScape, Inc.. (Hua, Leonard) |
| Filing 425 SEALED Exhibits to Declaration of Kevin J. DeJong in support of Adobe's Daubert Motion to exclude certain testimony of Dr. Maja Bystrom, FILED UNDER SEAL. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Flaherty, Elaine) |
| Filing 424 SEALED Abobe's Memorandum in Support of Daubert Motion to exclude certain testimony of Dr. Maja Bystrom, FILED UNDER SEAL. (Flaherty, Elaine) |
| Filing 423 DECLARATION re #421 MOTION in Limine to Exclude Opinions of Dr. Robert L. Stevenson That are Based on Subjective Observations and That Conflict With Available Objective Evidence by EveryScape, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2 - SEALED, #3 Exhibit 3, #4 Exhibit 4 - SEALED, #5 Exhibit 5 - SEALED, #6 Exhibit 6, #7 Exhibit 7 - SEALED)(Hua, Leonard) |
| Filing 422 Assented to MOTION to Seal by EveryScape, Inc..(Hua, Leonard) |
| Filing 421 MOTION in Limine to Exclude Opinions of Dr. Robert L. Stevenson That are Based on Subjective Observations and That Conflict With Available Objective Evidence by EveryScape, Inc..(Hua, Leonard) |
| Filing 420 MEMORANDUM in Support re #418 MOTION to Strike Certain Testimony of Dr. Maja Bystrom Under Daubert [REDACTED VERSION] filed by Adobe Systems Incorporated. (Kessel, Adam) |
| Filing 419 DECLARATION re #418 MOTION to Strike Certain Testimony of Dr. Maja Bystrom Under Daubert by Adobe Systems Incorporated. (Attachments: #1 Exhibit 1 - SEALED, #2 Exhibit 2 - SEALED, #3 Exhibit 3 - SEALED, #4 Exhibit 4 - SEALED, #5 Exhibit 5 - SEALED)(Kessel, Adam) |
| Filing 418 MOTION to Strike Certain Testimony of Dr. Maja Bystrom Under Daubert by Adobe Systems Incorporated.(Kessel, Adam) |
| Filing 417 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #416 Motion to Seal (RGS, int2) |
| Filing 416 MOTION to Seal by Adobe Systems Incorporated.(Kessel, Adam) |
| Filing 415 Judge Richard G. Stearns: ELECTRONIC ORDER entered denying #390 Adobe's Motion to Strike Expert Testimony of David Yurkerwich. Two gateposts frame the exercise of a judge's discretion to admit or exclude expert testimony under Daubert v. Merrell Dow Pharms., Inc., 509 U.S. 579 (1993). First, the witness must be shown to be sufficiently qualified by "knowledge, skill, experience, training, or education." Fed. R. Evid. 702. Second, the Federal Rules of Evidence require that the judge "ensure that any and all scientific testimony or evidence admitted is not only relevant, but [also] reliable" (and helpful to the finder of fact). Daubert, 509 U.S. at 589. Although Daubert involved an examination of novel scientific hypothesis, any thought that the Supreme Court's reworking of the Frye standard was intended only as a screen against so-called "junk science" was dispelled in Kumho Tire Co., Ltd. v. Carmichael, 526 U.S. 137 (1999). "We conclude that Daubert's general holding setting forth the trial judge's general 'gatekeeping' obligation applies not only to testimony based on 'scientific' knowledge, but also to testimony based on 'technical' and 'other specialized' knowledge." Id., at 141; see also Joy v. Bell Helicopter Textron, Inc., 999 F.2d 549, 569-570 (D.C. Cir. 1993) (applying Daubert to an examination of the reliability of an economist's opinion as to future earnings). To cut to the chase, Adobe does not seriously challenge Mr. Yurkerwich's qualifications as an economist. Nor does it question the fundamental approach he has taken in arriving at an estimation of the value of the royalties lost to EveryScape as a result of the alleged infringement. The "hypothetical willing buyer-willing seller" model is a standard economic tool that has been used by economists and appraisers for decades in determining the estimated value of lost economic opportunities. See, e.g., Comm'r of Corps. & Taxation v. Worcester Cnty. Trust, 305 Mass. 460, 462 (1940) (eminent domain); see also Georgia-Pacific Corp. v U.S. Plywood Corp, 318 F. Supp. 1116 (S.D.N.Y. 1970). Adobe's objection is to the assumptions Mr. Yurkerwich makes while applying that methodology. In essence, Adobe protests that Mr. Yurkerwich has overvalued the revenue and royalty base apportionable to Vanishing Point by considering Vanishing Point as a whole rather than segregating the incremental value added to Photoshop by the accused Clone Brush (which EveryScape claims as its proprietary invention). Adobe relies specifically on VirnetX, Inc. v. Cisco Sys., Inc., 2014 WL 4548722, at *15-18 (Fed. Cir. Sep. 16, 2014), which holds that a damages expert must attempt to apportion value specifically to the infringing features of the contested product. By failing to do so in any fashion convincing to Adobe, it contends that Mr. Yurkerwich has applied a methodology that is "illogical, untested and facially unreliable," and therefore barred by Daubert. For its part, EveryScape in essence, but not with excess oversimplification, argues that the Clone Brush is the integral component of Vanishing Point that gives added market value to its otherwise commonplace tools and features. Rhetoric aside, the dispute over the admissibility of Mr. Yurkerwich's testimony is a classic illustration of what Daubert did not intend to do. As stressed in the Advisory Note to the December 1, 2000 amendment to Fed. R. Evid. 702, Daubert "did not work a 'seachange over federal evidence law,' and 'the trial court's role as a gatekeeper is not intended to serve as a replacement for the adversary system.'" Cf. United States v. Mitchell, 365 F.3d 215, 245 (3d Cir. 2004) (Becker, J.) ("[T]he court is only a gatekeeper, and a gatekeeper alone does not protect the castle."). "Daubert does not require that a party who proffers expert testimony carry the burden of proving to the judge that the expert's assessment of the situation is correct.... In short, Daubert neither requires nor empowers trial courts to determine which of several competing theories has the best provenance. It demands only that the proponent of the evidence show that the expert's conclusion has been arrived at in a scientifically sound and methodologically reliable fashion." Ruiz-Troche v. Pepsi Cola of Puerto Rico Bottling Co., 161 F.3d 77, 85 (1st Cir. 1998) (internal citations omitted). "Vigorous cross-examination, presentation of contrary evidence, and careful instruction on the burden of proof are the traditional and appropriate means of attacking shaky, but admissible evidence." Daubert, 509 U.S. at 596. Here, Mr. Yurkerwich's testimony provides a useful point of departure (or in the eyes of the finder of fact, perhaps a terminus) in a calculation of damages (should liability be found). If Adobe's expert convinces the jury that Mr. Yurkerwich should have given an independent value to features of Vanishing Point other than the Clone Brush, or that he should have discounted the royalty base by a royalty rate, or used a different dates for the accrual of damages, these are simple mathematical adjustments that the jury can make (under expert guidance) without venturing into the realm of uncharted hypothesis. (In fairness to Mr. Yurkerwich, he did consider Adobe's expert's entire market valuation approach and gives his reasons for rejecting it as did Adobe's expert in rejecting Mr. Yurkerwich's method). In sum, I find the uncertainties raised by Mr. Yurkerwich's opinion no more daunting than those that arise in any case in which lost profits are at issue. See Herbert A. Sullivan, Inc. v. Utica Mut. Ins. Co., 439 Mass. 387, 413 (2003) ("Lost profits are notoriously difficult to prove with precision."). (RGS, int2) |
| Filing 414 CERTIFICATE OF SERVICE pursuant to LR 5.2 by Adobe Systems Incorporated re #410 Reply to Response to Motion to Exclude the Testimony of David Yurkerwich (Redacted Version). (Kessel, Adam) |
| Filing 413 CERTIFICATE OF SERVICE pursuant to LR 5.2 by Adobe Systems Incorporated re #409 Declaration, of Kevin J. DeJong in Support of its Motion to Exclude the Testimony of David Yurkerwich. (Kessel, Adam) |
| Filing 412 SEALED Exhibits 15-17 to Declaration of Kevin J. Delong in support of Adobe's Reply in support of its motion to exclude testimony of David Yurkerwich, FILED UNDER SEAL. (Attachments: #1 Exhibit, #2 Exhibit)(Flaherty, Elaine) |
| Filing 411 SEALED DOCUMENT- Adobe's Reply in Support of its Motion to Exclude the Testimony of David Yurkerwich, FILED UNDER SEAl. (Flaherty, Elaine) |
| Filing 410 REPLY to Response to #390 MOTION to Strike Expert Testimony of David Yurkerwich Under Daubert (REDACTED VERSION) filed by Adobe Systems Incorporated. (Kessel, Adam) |
| Filing 409 DECLARATION of Kevin J. DeJong in Support of Adobe Systems Incorporated's Reply Brief in Support of its Motion to Exclude the Testimony of David Yurkerwich by Adobe Systems Incorporated. (Attachments: #1 Exhibit 15 - SEALED, #2 Exhibit 16 - SEALED, #3 Exhibit 17 - SEALED, #4 Exhibit 18, #5 Exhibit 19, #6 Exhibit 20)(Kessel, Adam) |
| Filing 408 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #407 Motion to Seal (RGS, int2) |
| Filing 407 Assented to MOTION to Seal by Adobe Systems Incorporated.(Kessel, Adam) |
| Filing 406 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #405 Motion for Leave to File Under Seal, Reply re Motion to Strike by close of business day on 10/16/2014; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (RGS, int2) |
| Filing 405 Assented to MOTION for Leave to File a Reply Brief in Support of its Motion to Exclude the Testimony of David Yurkerwich by Adobe Systems Incorporated.(Kessel, Adam) |
| Filing 404 MEMORANDUM in Opposition re #390 MOTION to Strike Expert Testimony of David Yurkerwich Under Daubert (REDACTED VERSION) filed by EveryScape, Inc.. (Hua, Leonard) |
| Filing 403 DECLARATION of Aaron R. Feigelson In Support of EveryScape, Inc.'s Opposition to Adobe Systems Inc.s Motion to Exclude the Testimony of David Yurkerwich by EveryScape, Inc.. (Attachments: #1 Exhibit Attachment A (under seal), #2 Exhibit Attachment B, #3 Exhibit Attachment C (under seal), #4 Exhibit Attachment D, #5 Exhibit Attachment E (under seal), #6 Exhibit Attachment F, #7 Exhibit Attachment G (under seal), #8 Exhibit Attachment H (under seal), #9 Exhibit Attachment I (under seal), #10 Exhibit Attachment J (under seal), #11 Exhibit Attachment K, #12 Exhibit Attachment L (under seal), #13 Exhibit Attachment M (under seal), #14 Exhibit Attachment N (under seal))(Feigelson, Aaron) |
| Filing 402 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #401 Motion to Seal EveryScape's opposition to Adobe's motion to strike. (RGS, int2) |
| Filing 401 Assented to MOTION to Seal EveryScape's Memorandum in Opposition to Adobe's Motion to Exclude the Testimony of David Yurkerwich, and Exhibits Thereto by EveryScape, Inc..(Feigelson, Aaron) |
| Filing 399 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #398 Motion for Extension of Time to File Response/Reply re #390 MOTION to Strike Expert Testimony of David Yurkerwich Under Daubert Responses due by 10/7/2014 (RGS, int2) |
| Filing 398 Assented to MOTION for Extension of Time to 10/7/2014 to File Response/Reply as to #390 MOTION to Strike Expert Testimony of David Yurkerwich Under Daubert by EveryScape, Inc..(Feigelson, Aaron) |
| Filing 395 ELECTRONIC NOTICE issued requesting courtesy copy for #390 MOTION to Strike Expert Testimony of David Yurkerwich Under Daubert, #391 Memorandum in Support of Motion, #392 Declaration,,. Counsel who filed this document are requested to submit a courtesy copy of this document (or documents) to the Clerk's Office. These documents must be clearly marked as a Courtesy Copy and reflect the document number assigned by CM/ECF. (RGS, int2) |
| Filing 394 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #393 Motion to Seal Document (RGS, int2) |
| Filing 393 MOTION to Seal Document #391 Memorandum in Support of Motion, #392 Declaration,, Memorandum and Exhibits in Support of Motion to Strike Expert Testimony of David Yurkerwich Under Daubert by Adobe Systems Incorporated.(Kessel, Adam) |
| Filing 392 DECLARATION re #390 MOTION to Strike Expert Testimony of David Yurkerwich Under Daubert, #391 Memorandum in Support of Motion of David B. Kuznick by Adobe Systems Incorporated. (Attachments: #1 Exhibit Attachment 8 - Adobe Photoshop CS2 Press Release, #2 Exhibit Attachment 9 Part 1 of 4 - Adobe Photoshop CS2 User Guide, #3 Exhibit Attachment 9 Part 2 of 4 - Adobe Photoshop CS2 User Guide, #4 Exhibit Attachment 9 Part 3 of 4 - Adobe Photoshop CS2 User Guide, #5 Exhibit Attachment 9 Part 4 of 4 - Adobe Photoshop CS2 User Guide, #6 Exhibit Attachment 13 - Charles River Associates Website, #7 Exhibit Attachment 14 - VirnetX et al v. Cisco et al)(Kessel, Adam) |
| Filing 391 MEMORANDUM in Support re #390 MOTION to Strike Expert Testimony of David Yurkerwich Under Daubert (REDACTED VERSION) filed by Adobe Systems Incorporated. (Kessel, Adam) |
| Filing 390 MOTION to Strike Expert Testimony of David Yurkerwich Under Daubert by Adobe Systems Incorporated.(Kessel, Adam) |
| Filing 389 Judge Richard G. Stearns: AMENDED PROCEDURAL ORDER re pretrial/trial entered. Final Pretrial Conference RESET for 12/5/2014 at 3:00 PM and Jury Trial RESET for 12/8/2014 at 9:00 AM both in Courtroom 21 before Judge Richard G. Stearns. (Jury Trial set for 12/8/2014 from 9:00 AM to 4:00 PM and from 9:00 AM to 1:00 PM thereafter.)(Seelye, Terri) |
| Filing 388 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #383 Motion to Continue. The court finds reasonable and adopts the parties' proposed trial duration and schedules the trial for the next available 9 consecutive trial days available in the court's schedule. Jury Trial set for 12/8/2014 09:00 AM in Courtroom 21 before Judge Richard G. Stearns. (RGS, int2) |
| Filing 387 NOTICE by Adobe Systems Incorporated and Everyscape, Inc. of Anticipated Trial Time (Kessel, Adam) |
| Filing 386 Letter/request (non-motion) from Adam Kessel re Trial Date Conflicts. (Kessel, Adam) |
| Filing 385 REPLY to Response to #383 MOTION to Continue Trial to December 2014 Due to Scheduling Conflicts Including Multiple Previously Scheduled Trials filed by Adobe Systems Incorporated. (Kessel, Adam) |
| Filing 384 RESPONSE to Motion re #383 MOTION to Continue Trial to December 2014 Due to Scheduling Conflicts Including Multiple Previously Scheduled Trials filed by EveryScape, Inc.. (Attachments: #1 Exhibit Exhibit A - SynQor Pretrial Order)(Feigelson, Aaron) |
| Filing 383 MOTION to Continue Trial to December 2014 Due to Scheduling Conflicts Including Multiple Previously Scheduled Trials by Adobe Systems Incorporated. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Kessel, Adam) (Main Document 383 replaced on 9/2/2014) (Flaherty, Elaine). |
| Filing 382 NOTICE: Counsel shall submit all proposed exhibits on a DVD-R or CD, on or before 10/6/14 to the attention of the courtroom clerk. The clerks office may not accept flash/thumb drives. All exhibits must be on a CD or DVD. re #381 .(Seelye, Terri) |
| Filing 381 Judge Richard G. Stearns: ORDER entered. PROCEDURAL ORDER re pretrial/trial. Final Pretrial Conference set for 10/10/2014 at 3:00 PM and Jury Trial set for 10/14/2014 at 9:00 AM both in Courtroom 21 before Judge Richard G. Stearns. (Jury Trial set for 10/14/2014 9:00 AM to 4:00 PM and from 9:00 AM to 1:00 PM thereafter)(Seelye, Terri) (Main Document 381 replaced on 8/27/2014) (Seelye, Terri). |
| Filing 380 Judge Richard G. Stearns: ORDER entered granting in part and denying in part #240 Motion for Partial Summary Judgment OF NO WILLFUL INFRINGEMENT AND NO INDIRECT INFRINGEMENT. The Clerk will set the case for trial to commence at 9:00 a.m., on October 14, 2014. It is the courts practice to set strict time limits in civil cases. To this end, the parties will submit within fourteen (14) days of the date of this decision the estimate of the number of hours each anticipates for the trial of its case, exclusive of the opponents cross-examination of its own witnesses, the empanelment proceedings, opening statements, and closing argument. (RGS, law1) |
| Filing 379 NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at #http://www.mad.uscourts.gov/attorneys/general-info.htm (Scalfani, Deborah) |
| Filing 378 Transcript of Hearing on Various Motions held on March 21, 2014, before Judge Richard G. Stearns. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: James Gibbons at jmsgibbons@yahoo.com Redaction Request due 9/15/2014. Redacted Transcript Deadline set for 9/25/2014. Release of Transcript Restriction set for 11/24/2014. (Scalfani, Deborah) |
| Filing 377 Judge Richard G. Stearns: MEMORANDUM & ORDER entered denying #238 Motion for Partial Summary Judgment. (RGS, law1) |
| Filing 376 Judge Richard G. Stearns: ORDER entered denying #236 Motion for Partial Summary Judgment; granting #243 Motion for Summary Judgment (Zierk, Marsha) |
| Filing 375 Judge Richard G. Stearns: ELECTRONIC ORDER entered denying #264 Motion To Preclude Adobe Systems Inc. From Introducing Or Relying Upon Painter 7 "Evidence." Whether the identity of Mr. Johnson was disclosed the day before discovery closed is besides the point, the discovery deadline not having expired, and Adobe having a reasonable explanation for the delay in making his identity known. As for the copy of Corel Painter 7 itself, EveryScape has failed to meet its burden of showing (particularly in light of the Johnson declaration) that its provenance is, as claimed, "dubious." (RGS, law1) |
| Filing 374 Judge Richard G. Stearns: MEMORANDUM AND ORDER entered granting in part and denying in part #245 Motion for Summary Judgment (RGS, law1) |
| Filing 373 Letter/request (non-motion) from Adam J. Kessel regarding an issue regarding Adobe Systems, Inc.'s response to EveryScape, Inc.'s notice of supplemental authority. (Kessel, Adam) |
| Filing 372 Response by Adobe Systems Incorporated to EveryScape Inc.'s Notice of Supplemental Authority. (Kessel, Adam) |
| Filing 371 SEALED Exhibits to Declaration of Stevenson. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit), FILED UNDER SEAL(Flaherty, Elaine) |
| Filing 370 SEALED Exhibit to Declaration of Chen. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit), FILED UNDER SEAL(Flaherty, Elaine) |
| Filing 369 Notice of Supplemental Authorities re #240 MOTION for Partial Summary Judgment of No Willful Infringement and No Indirect Infringement (Attachments: #1 Exhibit: WBIP, LLC v. Kohler Co.)(Feigelson, Aaron) |
| Filing 368 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #367 Motion for Leave to File Document ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (RGS, law1) |
| Filing 367 MOTION for Leave to File Notice of Supplemental Authority by EveryScape, Inc.. (Attachments: #1 Proposed Notice of Supplemental Authority)(Feigelson, Aaron) |
| Filing 366 SEALED Exhibit to Declaration of Stevenson, FILED UNDER SEAL. (Flaherty, Elaine) |
| Filing 365 SEALED Exhibit to Declaration of Stevenson FILED UNDER SEAL. (Flaherty, Elaine) |
| Filing 364 SEALED Exhibit to Declaration of Stevenson FILED UNDER SEAL. (Flaherty, Elaine) |
| Filing 363 SEALED Exhibit to Declaration of Stevenson FILED UNDER SEAL. (Flaherty, Elaine) |
| Filing 362 SEALED exhibit to Declaration of Stevenson, FILED UNDER SEAL. (Flaherty, Elaine) |
| Filing 361 SEALED Exhibit to delcaration of Stevenson, FILED UNDER SEAL. (Flaherty, Elaine) |
| Filing 360 SEALED Exhibits to Declaration of Kuznick, FILED UNDER SEAL. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Flaherty, Elaine) |
| Filing 359 SEALED Exhibits to Chen Declaration (257). (Attachments: #1 Exhibit, #2 Errata, #3 Exhibit, #4 Exhibit)FILED UNDER SEAL(Flaherty, Elaine) Modified on 3/28/2014 (Flaherty, Elaine). |
| Filing 358 SEALED Adobe's Responsive Statement of Material Facts per #245 local rule 56.1 in opposition to Everyscape's Motion for summary judgment of non infringement of US Patents 6,411,742 and 7,095,905, FILED UNDER SEAL. (Flaherty, Elaine) Modified on 6/30/2014 (Flaherty, Elaine). |
| Filing 357 SEALED Adobe Systems's Opposition to Everyscape's Motion for summary judgment of non infringement of U.S. Patents 6,411,742 and 7,095,905, #245 FILED UNDER SEAL. (Flaherty, Elaine) Modified on 6/30/2014 (Flaherty, Elaine). |
| Filing 356 SEALED Adobe Systems Inc.'s Responsive Statement of Material Facts Pursuant to L.R.56.1 in opposition to Everyscape, Inc.'s Motion for summary judgment #243 that its asserted patent claims are infringed and not anticipated, FILED UNDER SEAL. (Flaherty, Elaine) Modified on 6/30/2014 (Flaherty, Elaine). |
| Filing 355 SEALED Adobe Systems Inc.'s Opposition to EveryScape, Inc.'s Motion for Summary Judgment #243 that its asserted patent claims are infringed and not anticipated, FILED UNDER SEAL. (Flaherty, Elaine) Modified on 6/30/2014 (Flaherty, Elaine). |
| Filing 354 NOTICE of Withdrawal of Appearance by Olivia T. Nguyen (Nguyen, Olivia) |
| Filing 353 ELECTRONIC Clerk's Notes for proceedings held before Judge Richard G. Stearns: Motion Hearing held on 3/21/2014 re #245 MOTION for Summary Judgment of Noninfringement of U.S. Patents 6,411,742 and 7,095,905 filed by EveryScape, Inc., #264 MOTION To Preclude Adobe Systems Inc. From Introducing Or Relying Upon Painter 7 "Evidence" And Late Disclosed Testimony filed by EveryScape, Inc., #243 MOTION for Summary Judgment of Infringement and No Anticipation filed by EveryScape, Inc., #236 MOTION for Partial Summary Judgment of Invalidity filed by Adobe Systems Incorporated, #240 MOTION for Partial Summary Judgment of No Willful Infringement and No Indirect Infringement filed by Adobe Systems Incorporated, #238 MOTION for Partial Summary Judgment of Noninfringement filed by Adobe Systems Incorporated.The court has taken the matters under advisement. (Court Reporter: James Gibbons at jmsgibbons@yahoo.com.)(Attorneys present: Feigelson, Mueller, Airan, Hua, Scherkenbach, Kessel, DeJong, Katz) (RGS, law1) |
| Filing 352 Judge Richard G. Stearns: ELECTRONIC ORDER entered. re #350 Notice (Other) filed by Adobe Systems Incorporated.The court has allotted 2 hours for the hearing and will limit each side to one hour for oral argument. (RGS, law1) |
| Filing 351 Letter/request (non-motion) from Adobe Systems Incorporated re submitting correct version of one of its video exhibits for Hearing scheduled for today. (Kessel, Adam) |
| Filing 350 NOTICE by Adobe Systems Incorporated Joint Notice Regarding Procedure for the March 21, 2014 Motion Hearing (Kessel, Adam) |
| Filing 349 REDACTION to #320 Sealed document Everyscape's Reply Brief in support of its motion to preclude Adobe from introducing or relying upon Painter 7 Evidence and Late Disclosed Testimony byEveryScape, Inc.. (Feigelson, Aaron) |
| Filing 348 REDACTION to #311 Sealed document Reply Brief in Support of Everyscape's Motion for Summary Judgment of Noninfringement of U.S. Patents 6,411,742 and 7,095,905 byEveryScape, Inc.. (Feigelson, Aaron) |
| Filing 347 REDACTION to #310 Sealed document Reply Memorandum in Support of Everyscape's Motion for Summary Judgment that its asserted patent claims are infringed and not anticipated byEveryScape, Inc.. (Feigelson, Aaron) |
| Filing 346 REDACTION to #306 Sealed document Everyscape's Responsive Statement of Facts in Opposition to Adobe's Motion for Summary Judgment re: no willful and no indirect infringement byEveryScape, Inc.. (Feigelson, Aaron) |
| Filing 345 REDACTION to #305 Sealed document Everyscape's Responsive Statement of Facts in Opposition to Adobe's Motion for Summary Judgment re: Invalidity byEveryScape, Inc.. (Feigelson, Aaron) |
| Filing 344 REDACTION to #304 Sealed document Everyscape's Responsive statement of facts in opposition to Adobe's Motion for Summary Judgment re: Noninfringement byEveryScape, Inc.. (Feigelson, Aaron) |
| Filing 343 REDACTION to #303 Sealed document Eversyscape's Opposition to Adobe Motion for Summary Judgment re: no willful and no Indirect Infringement byEveryScape, Inc.. (Feigelson, Aaron) |
| Filing 342 REDACTION to #302 Sealed document Everyscape's Opposition to Adobe's Motion for Summary Judgment re: Invalidity byEveryScape, Inc.. (Feigelson, Aaron) |
| Filing 341 REDACTION to #301 Sealed document Everyscape's Opposition to Adobe's Motion for Summary Judgment re: Noninfringement byEveryScape, Inc.. (Feigelson, Aaron) |
| Filing 340 REDACTION to #298 Sealed document EveryScape's Sealed Statement of Facts in Support of Motion for Summary Judgment re: Noninfringement byEveryScape, Inc.. (Feigelson, Aaron) |
| Filing 339 REDACTION to #297 Sealed document Everyscape's Statement of Facts in Support of Motion for Summary Judgment re: Infringement byEveryScape, Inc.. (Feigelson, Aaron) |
| Filing 338 REDACTION to #296 Sealed document Everyscape's Memorandum in Support of Motion for Summary Judgment re: Noninfringement byEveryScape, Inc.. (Feigelson, Aaron) |
| Filing 337 REDACTION to #295 Sealed document Everyscape's Memorandum in Support of Motion for Summary Judgment re: Infringement byEveryScape, Inc.. (Feigelson, Aaron) |
| Filing 336 REDACTION Adobe Systems Incorporated's Opposition to Everyscape, Inc.'s Motion to Preclude #264 Painter 7 Evidence byAdobe Systems Incorporated. (Kessel, Adam) Modified on 6/30/2014 (Flaherty, Elaine). |
| Filing 335 REDACTION Adobe Systems Incorporated's Responsive Statement of Material Facts Pursuant to Local Civil Rule 56.1 in Opposition to Everyscape, Inc.'s Motion for Summary Judgment #243 That its Asserted Patent Claims are Infringed and Not Anticipated byAdobe Systems Incorporated. (Kessel, Adam) Modified on 6/30/2014 (Flaherty, Elaine). |
| Filing 334 REDACTION Adobe Systems Incorporated's Opposition to Everyscape, Inc.'s Motion for Summary Judgment That its Asserted Patent Claims are Infringed and Not Anticipated #240 #243 byAdobe Systems Incorporated. (Kessel, Adam) Modified on 6/30/2014 (Flaherty, Elaine). Modified on 6/30/2014 (Flaherty, Elaine). |
| Filing 333 REDACTION Adobe Systems Incorporated's Reply in Support of its Motion for Partial Summary Judgment of No Willful Infringement and No Indirect Infringement #240 byAdobe Systems Incorporated. (Kessel, Adam) Modified on 6/30/2014 (Flaherty, Elaine). |
| Filing 332 REDACTION Adobe Systems Incorporated's Statement of Material Facts in Support of its Motion for Partial Summary Judgment of No Willful Infringement and No Indirect Infringement #240 byAdobe Systems Incorporated. (Kessel, Adam) Modified on 6/30/2014 (Flaherty, Elaine). |
| Filing 331 REDACTION Adobe Systems Incorporated's Memorandum in Support of its Motion for Partial Summary Judgment of No Willful Infringement and No Indirect Infringement #240 byAdobe Systems Incorporated. (Kessel, Adam) Modified on 6/30/2014 (Flaherty, Elaine). |
| Filing 330 REDACTION Adobe Systems Incorporated's Reply in Support of its Motion for Partial Summary Judgment of Noninfringement #238 byAdobe Systems Incorporated. (Kessel, Adam) Modified on 6/30/2014 (Flaherty, Elaine). |
| Filing 329 REDACTION Adobe Systems Incorporated's Statement of Material Facts in Support of its Motion for Partial Summary Judgment of Noninfringement #238 byAdobe Systems Incorporated. (Kessel, Adam) Modified on 6/30/2014 (Flaherty, Elaine). |
| Filing 328 REDACTION Adobe Systems Incorporated's Memorandum in Support of its Motion for Partial Summary Judgment of Noninfringement #238 byAdobe Systems Incorporated. (Kessel, Adam) Modified on 6/30/2014 (Flaherty, Elaine). |
| Filing 327 REDACTION Adobe Systems Incorporated's Reply in Support of its Motion for Partial Summary Judgment #236 of Invalidity byAdobe Systems Incorporated. (Kessel, Adam) Modified on 6/30/2014 (Flaherty, Elaine). |
| Filing 326 REDACTION Adobe Systems Incorporated's Statement of Material Facts in Support of its Motion for Partial Summary Judgment of Invalidity byAdobe Systems Incorporated. (Kessel, Adam) |
| Filing 325 REDACTION Adobe Systems Incorporated's Memorandum in Support of its Motion for Partial Summary Judgment #236 of Invalidity byAdobe Systems Incorporated. (Kessel, Adam) Modified on 6/26/2014 (Flaherty, Elaine). |
| Filing 324 REDACTION Adobe Systems Incorporated's Responsive Statement of Material Facts Pursuant to Local Civil Rule 56.1 in Opposition to Everyscape, Inc.'s Motion for Summary Judgment of Non-Infringement of U.S. Patents 6,411,742 and 7,095,905 #245 byAdobe Systems Incorporated. (Kessel, Adam) Modified on 6/26/2014 (Flaherty, Elaine). |
| Filing 323 REDACTION Adobe Systems Incorporated's Opposition to Everyscape, Inc.'s Motion for Summary Judgment of Non-Infringement of U.S. Patents 6,411,742 and 7,095,905 #245 byAdobe Systems Incorporated. (Kessel, Adam) Modified on 6/26/2014 (Flaherty, Elaine). |
| Filing 322 SEALED Exhibit 1 to D. 290, FILED UNDER SEAL. (Flaherty, Elaine) |
| Filing 321 SEALED Everycape's Exhibit L to Declaration of Aaron Feigelson, FILED UNDER SEAL. (Flaherty, Elaine) |
| Filing 320 SEALED Everyscape's Reply Brief in support of its motion to preclude Adobe from introducing or relying upon Painter 7 Evidence and Late Disclosed Testimony, #264 FILED UNDER SEAL. (Flaherty, Elaine) Modified on 6/26/2014 (Flaherty, Elaine). |
| Filing 319 SEALED Exhibits to Declaration of Kevin DeJong in support of Adobe Systems Reply in Support of its Motion for Partial Summary Judgment of Non-Infringement, #238 FILED UNDER SEAL. (Attachments: #1 Exhibit)(Flaherty, Elaine) Modified on 6/26/2014 (Flaherty, Elaine). |
| Filing 318 SEALED Exhibits to Declaration of Kevin DeJong in support of Adobe Systems Reply in support of it's motion for partial summary judgment of invalidity, #236 FILED UNDER SEAL. (Attachments: #1 Exhibit)(Flaherty, Elaine) Modified on 6/26/2014 (Flaherty, Elaine). |
| Filing 317 SEALED Exhibits to Declaration of Kevin DeJong in support of Adobe Systems Inc.'s Reply in support of its Motion for partial summary #240 judgment of no willful infringement and no indirect infringement, FILED UNDER SEAL. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Flaherty, Elaine) Modified on 6/26/2014 (Flaherty, Elaine). |
| Filing 316 SEALED Exhbits to Declaration of Kevin DeJong in opposition to Everyscape, Inc.'s Motion to Preclude Painter 7 Evidence, #264 FILED UNDER SEAL. (Attachments: #1 Exhibit)(Flaherty, Elaine) Modified on 6/26/2014 (Flaherty, Elaine). |
| Filing 315 SEALED Adobe System, Inc.'s Reply in support of its Motion for Partial Summary Judgment of Noninfringement, #238 FILED UNDER SEAL. (Flaherty, Elaine) Modified on 6/26/2014 (Flaherty, Elaine). |
| Filing 314 SEALED Adobe Systems Inc.'s Reply in support of its motion for partial summary judgment #240 of no willful infringement and no indirect infringement, FILED UNDER SEAL. (Flaherty, Elaine) Modified on 6/26/2014 (Flaherty, Elaine). |
| Filing 313 SEALED Adobe Systems Inc.'s Reply in Support of it's Motion for Partial Summary Judgment of Invalidity, #236 FILED UNDER SEAL. (Flaherty, Elaine) Modified on 6/26/2014 (Flaherty, Elaine). |
| Filing 312 SEALED Adobe Systems Inc.'s opposition to Everyscape, Inc.'s Motion to Preclude Painter 7 Evidence #264 , FILED UNDER SEAL. (Flaherty, Elaine) Modified on 6/26/2014 (Flaherty, Elaine). |
| Filing 311 SEALED Reply Brief in Support of Everyscape's Motion for Summary Judgment of Noninfringement of U.S. Patents 6,411,742 and 7,095,905, #245 FILED UNDER SEAL. (Flaherty, Elaine) Modified on 6/26/2014 (Flaherty, Elaine). |
| Filing 310 SEALED Reply Memorandum in Support of Everyscape's Motion for Summary Judgment #243 that its asserted patent claims are infringed and not anticipated, FILED UNDER SEAL. (Flaherty, Elaine) Modified on 6/26/2014 (Flaherty, Elaine). |
| Filing 309 SEALED Exhibits to D. 263 declaration of Leonard Hua in Support of Everyscape's Opposition to Abobe's Motion for Summary Judgment, FILED UNDER SEAL. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Exhibit, #23 Exhibit, #24 Exhibit, #25 Exhibit, #26 Exhibit, #27 Exhibit)(Flaherty, Elaine) |
| Filing 308 SEALED Exhibits to D. 262 Declaration of Aaron Feigelson in support of Everyscape's Opposition to Adobe's Motion for Summary Judgment re: invalidity, #236 FILED UNDER SEAL (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Flaherty, Elaine) Modified on 6/26/2014 (Flaherty, Elaine). |
| Filing 307 SEALED Exhibits to D. 261 Declaration of Leonard Hua in Support of Everyscape's Opposition to Adobe's Motion for Summary Judgment re: #238 Noninfringement, FILED UNDER SEAL. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit)(Flaherty, Elaine) Modified on 6/26/2014 (Flaherty, Elaine). |
| Filing 306 SEALED Everyscape's Responsive Statement of Facts in Opposition to Adobe's Motion for Summary Judgment #240 re: no willful and no indirect infringement, FILED UNDER SEAL. (Flaherty, Elaine) Modified on 6/26/2014 (Flaherty, Elaine). |
| Filing 305 SEALED Everyscape's Responsive Statement of Facts in Opposition to Adobe's Motion for Summary Judgment re: Invalidity #236 , FILED UNDER SEAL. (Flaherty, Elaine) Modified on 6/26/2014 (Flaherty, Elaine). |
| Filing 304 SEALED Everyscape's Responsive statement of facts in opposition to Adobe's Motion for Summary Judgment re: Noninfringement, #238 FILED UNDER SEAL. (Flaherty, Elaine) Modified on 6/26/2014 (Flaherty, Elaine). |
| Filing 303 SEALED Eversyscape's Opposition to Adobe Motion for Summary Judgment re: no willful and no Indirect Infringement #240 , FILED UNDER SEAL. (Flaherty, Elaine) Modified on 6/26/2014 (Flaherty, Elaine). |
| Filing 302 SEALED Everyscape's Opposition to Adobe's Motion for Summary Judgment re: Invalidity, #236 FILED UNDER SEAL. (Flaherty, Elaine) Modified on 6/26/2014 (Flaherty, Elaine). |
| Filing 301 SEALED Everyscape's Opposition to Adobe's Motion for Summary Judgment #238 re: Noninfringement, FILED UNDER SEAL. (Flaherty, Elaine) Modified on 6/26/2014 (Flaherty, Elaine). |
| Filing 300 SEALED Everyscape's Sealed Exhbits to D. 246 declaration of Leonard Hua in Support of Everyscape's Motion for Summary Judgment re: Noninfringement #245 , FILED UNDER SEAL. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit)(Flaherty, Elaine) Modified on 6/26/2014 (Flaherty, Elaine). |
| Filing 299 SEALED Exhibits to the Doc. 244 Declaration of Aaron R. Feigelson in Support of Everyscape's Motion for Summary Judgment #243 re: Infringement, FILED UNDER SEAL. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit)(Flaherty, Elaine) Modified on 6/26/2014 (Flaherty, Elaine). |
| Filing 298 SEALED Eversyscape's Sealed Statement of Facts in Support of Motion for Summary Judgment re: Noninfringement, #245 FILED UNDER SEAL. (Flaherty, Elaine) Modified on 6/26/2014 (Flaherty, Elaine). |
| Filing 297 SEALED Everyscape's Statement of Facts in Support of Motion for Summary Judgment re: Infringement, #243 FILED UNDER SEAL. (Flaherty, Elaine) Modified on 6/26/2014 (Flaherty, Elaine). |
| Filing 296 SEALED Everyscape's Memorandum in Support of Motion for Summary Judgment re: Noninfringement, #245 FILED UNDER SEAL. (Flaherty, Elaine) Modified on 6/26/2014 (Flaherty, Elaine). |
| Filing 295 SEALED Everyscape's Memorandum in Support of Motion for Summary Judgment re: Infringement, #243 FILED UNDER SEAL. (Flaherty, Elaine) Modified on 6/26/2014 (Flaherty, Elaine). |
| Filing 294 DECLARATION of Aaron R. Feigelson In Support of Everyscape, Inc.s Reply Brief In Support of Its Motion to Preclude Adobe Systems Inc. From Introducing or Relying Upon Painter 7 Evidence and Late Disclosed Testimony by EveryScape, Inc.. (Attachments: #1 Exhibit H-K, L (filed under seal))(Feigelson, Aaron) |
| Filing 293 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting in part and denying in part #291 Motion to Seal. EveryScape's motion to seal is granted, provided, however, that a redacted version of the reply memorandum be filed on the public docket within one week of this order. Further, both parties have continued to flout the courts instructions and repeated reminders (see Dkt. #157, 179, #210) to file redacted versions of any key pleadings that have been sealed, including memoranda supporting dispositive motions, on the public docket. This is in accordance with the presumptive right of public access to "materials on which the court relies in determining the litigants substantive rights." United States v. Kravetz, 706 F.3d 47 (1st Cir. 2013) (quoting In re Providence Journal Co., Inc., 293 F.3d 1, 9-10 (1st Cir. 2002)). Thus, within 10 days of this order, both parties are instructed to electronically file redacted versions of any memoranda or statements of fact previously submitted under seal that are not yet accessible on the public docket. (From the courts review of the electronic docket, these include several documents filed under seal in support of and in opposition to both parties most recent motions for summary judgment filed in January and February of this year). (RGS, law1) |
| Filing 292 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #290 Motion for Leave to File Document ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (RGS, law1) |
| Filing 291 MOTION to Seal by EveryScape, Inc..(Hua, Leonard) |
| Filing 290 MOTION for Leave to File A Reply Brief In Support Of Its Motion To Preclude Adobe Systems Inc. From Introducing Or Relying Upon Painter 7 #264 Evidence And Late Disclosed Testimony by EveryScape, Inc..(Feigelson, Aaron) Modified on 6/26/2014 (Flaherty, Elaine). |
| Filing 289 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #279 Motion to Seal (Flaherty, Elaine) |
| Filing 288 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #287 Motion to Seal (Flaherty, Elaine) |
| Filing 287 Assented to MOTION to Seal by EveryScape, Inc..(Hua, Leonard) |
| Filing 286 DECLARATION OF HANY FARID IN SUPPORT OF ADOBE SYSTEMS INCORPORATED'S REPLY IN SUPPORT OF ITS MOTION FOR PARTIAL SUMMARY JUDGEMENT OF INVALIDITY #236 by Adobe Systems Incorporated. (Kessel, Adam) Modified on 6/26/2014 (Flaherty, Elaine). |
| Filing 285 DECLARATION OF KEVIN J. DEJONG IN SUPPORT OF ADOBE SYSTEMS INCORPORATED'S REPLY IN SUPPORT OF ITS MOTION FOR PARTIAL SUMMARY #236 JUDGMENT OF INVALIDITY by Adobe Systems Incorporated. (Kessel, Adam) Modified on 6/26/2014 (Flaherty, Elaine). |
| Filing 284 DECLARATION OF KEVIN J. DEJONG IN SUPPORT OF ADOBE SYSTEMS INCORPORATED'S REPLY IN SUPPORT OF ITS MOTION FOR PARTIAL SUMMARY JUDGMENT OF NONINFRINGEMENT #238 by Adobe Systems Incorporated. (Attachments: #1 Exhibit 16, #2 Exhibit 17)(Kessel, Adam) Modified on 6/26/2014 (Flaherty, Elaine). |
| Filing 283 DECLARATION OF KEVIN J. DEJONG IN SUPPORT OF ADOBE SYSTEMS INCORPORATED'S REPLY IN SUPPORT OF ITS MOTION FOR PARTIAL SUMMARY JUDGMENT OF NO WILLFUL INFRINGEMENT AND NO INDIRECT INFRINGEMENT by #240 Adobe Systems Incorporated. (Attachments: #1 Exhibit 18)(Kessel, Adam) Modified on 6/26/2014 (Flaherty, Elaine). |
| Filing 282 DECLARATION OF ERIK JOHNSON by Adobe Systems Incorporated. (Kessel, Adam) |
| Filing 281 DECLARATION OF HANY FARID IN SUPPORT OF ADOBE SYSTEMS INCORPORATED'S OPPOSITION TO EVERYSCAPE, INC.'S MOTION TO PRECLUDE PAINTER 7 EVIDENCE #264 by Adobe Systems Incorporated. (Kessel, Adam) Modified on 6/26/2014 (Flaherty, Elaine). |
| Filing 280 DECLARATION OF KEVIN J. DEJONG IN SUPPORT OF ADOBE SYSTEMS INCORPORATED'S OPPOSITION TO EVERYSCAPE, INC.'S MOTION TO PRECLUDE PAINTER 7 EVIDENCE #264 by Adobe Systems Incorporated. (Attachments: #1 Exhibit 3, #2 Exhibit 4)(Kessel, Adam) Modified on 6/26/2014 (Flaherty, Elaine). |
| Filing 279 MOTION to Seal by Adobe Systems Incorporated.(Kessel, Adam) |
| Filing 278 Notice of correction to docket made by Court staff. Correction: 2/14/14 electronic order corrected because: to reflect correct docket text language (Flaherty, Elaine) |
| Filing 277 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #256 Motion to Seal; granting #260 Motion to Seal (Flaherty, Elaine) Modified on 2/14/2014 (Flaherty, Elaine). |
| Filing 276 SEALED DOCUMENT, Sealed Version of document 245, FILED UNDER SEAL (Flaherty, Elaine) |
| Filing 275 SEALED DOCUMENT- Sealed version of document #243, FILED UNDER SEAL. (Flaherty, Elaine) |
| Filing 274 SEALED Adobe's Statement of Material Facts in support of its Motion for Partial Summary Judgment #238 of noninfringement, FILED UNDER SEAL. (Flaherty, Elaine) Modified on 6/26/2014 (Flaherty, Elaine). |
| Filing 273 SEALED Adobe's Statement of Facts in Support of its Motion for Partial Summary Judgment #240 of no willful infringement and no indirect infringement, FILED UNDER SEAL. (Flaherty, Elaine) Modified on 6/26/2014 (Flaherty, Elaine). |
| Filing 272 SEALED Adobe's Statement of Facts in support of its Motion for Partial Summary Judgment #236 on Invalidity, FILED UNDER SEAL. (Flaherty, Elaine) Modified on 6/26/2014 (Flaherty, Elaine). |
| Filing 271 SEALED Adobe's Memorandum in Support of its Motion for Partial Summary #238 Judgment of noninfringement, FILED UNDER SEAL. (Flaherty, Elaine) Modified on 6/26/2014 (Flaherty, Elaine). |
| Filing 270 SEALED Adobe's Memorandum in Support of its Motion for Partial Summary #240 Judgment of no willful infringement and no indirect infringement, FILED UNDER SEAL. (Flaherty, Elaine) Modified on 6/26/2014 (Flaherty, Elaine). |
| Filing 269 SEALED Adobe's Memorandum in Support of Motion for Partial Summary #236 Judgment of Invalidity, FILED UNDER SEAL. (Flaherty, Elaine) Modified on 6/26/2014 (Flaherty, Elaine). |
| Filing 268 SEALED Exhibits to Hua Declaration, FILED UNDER SEAL. (Attachments: #1 Exhibit, #2 Exhibit)(Flaherty, Elaine) |
| Filing 267 SEALED Exhibits to Feigelson Declaration. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit), FILED UNDER SEAL(Flaherty, Elaine) |
| Filing 266 Judge Richard G. Stearns: ELECTRONIC ORDER entered denying #220 Motion for Reconsideration and denying #220 Motion for Order Permitting Interlocutory Appeal for the reasons stated in the court's Memorandum and Order, dated 10/7/2013. Dr. Dorsey, by signing the 2003 Stock and Purchase Agreement containing a broad release provision, expressly relinquished any ownership interests and "related rights" to the patents at issue. (RGS, law1) |
| Filing 265 MEMORANDUM in Support re #264 MOTION To Preclude Adobe Systems Inc. From Introducing Or Relying Upon Painter 7 "Evidence" And Late Disclosed Testimony filed by EveryScape, Inc.. (Attachments: #1 Declaration of Aaron R. Feigelson in Support of Motion, #2 Exhibits A-G to Feigelson Declaration)(Feigelson, Aaron) |
| Filing 264 MOTION To Preclude Adobe Systems Inc. From Introducing Or Relying Upon Painter 7 "Evidence" And Late Disclosed Testimony by EveryScape, Inc..(Feigelson, Aaron) |
| Filing 263 DECLARATION of Leonard Z. Hua in Support of EveryScape, Inc.'s Opposition to Adobe System Incorporated's Motion for Partial Summary Judgment of No Willful Infringement and No Indirect Infringement #240 by EveryScape, Inc.. (Attachments: #1 Exhibit A (under seal), #2 Exhibit B (under seal), #3 Exhibit C (under seal), #4 Exhibit D (under seal), #5 Exhibit E (under seal), #6 Exhibit F (under seal), #7 Exhibit G (under seal), #8 Exhibit H (under seal), #9 Exhibit I (under seal), #10 Exhibit J (under seal), #11 Exhibit K (under seal), #12 Exhibit L (under seal), #13 Exhibit M, #14 Exhibit N (under seal), #15 Exhibit O (under seal), #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R (under seal), #19 Exhibit S (under seal), #20 Exhibit T, #21 Exhibit U (under seal), #22 Exhibit V, #23 Exhibit W (under seal), #24 Exhibit X (under seal), #25 Exhibit Y (under seal), #26 Exhibit Z, #27 Exhibit AA, #28 Exhibit BB, #29 Exhibit CC (under seal), #30 Exhibit DD, #31 Exhibit EE, #32 Exhibit FF, #33 Exhibit GG, #34 Exhibit HH (under seal), #35 Exhibit II, #36 Exhibit JJ (under seal))(Hua, Leonard) Modified on 6/26/2014 (Flaherty, Elaine). |
| Filing 262 DECLARATION of Aaron R. Feigelson In Support of Plaintiff EveryScape, Inc.'s Opposition to Adobe Systems, Inc.s Motion for Partial Summary Judgment of Invalidity #236 by EveryScape, Inc.. (Attachments: #1 Exhibit AA-CC (under seal), DD, and EE (under seal))(Feigelson, Aaron) Modified on 6/26/2014 (Flaherty, Elaine). |
| Filing 261 DECLARATION of Leonard Z. Hua in Support of EveryScape, Inc.'s Opposition to Adobe System Incorporated's Motion For Partial Summary Judgment of Noninfringement #238 by EveryScape, Inc.. (Attachments: #1 Exhibit AA (under seal), #2 Exhibit BB (under seal), #3 Exhibit CC (under seal), #4 Exhibit DD (under seal), #5 Exhibit EE, #6 Exhibit FF (under seal))(Hua, Leonard) Modified on 6/26/2014 (Flaherty, Elaine). |
| Filing 260 Assented to MOTION to Seal by EveryScape, Inc..(Hua, Leonard) |
| Filing 259 DECLARATION of Professor Robert Louis Stevenson in Support of Adobe's Opposition to Everyscape's Motion for Summary Judgment of Noninfringement #245 by Adobe Systems Incorporated. (Attachments: #1 Exhibit A)(Kessel, Adam) Modified on 6/26/2014 (Flaherty, Elaine). |
| Filing 258 DECLARATION of David B. Kuznick in Support of Adobe Systems Incorporated's Opposition to Everyscape, Inc.'s Motion for Summary Judgment of Non-Infringement #245 of U.S. Patents 6,411,742 and 7,095,905 by Adobe Systems Incorporated. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Kessel, Adam) Modified on 6/26/2014 (Flaherty, Elaine). |
| Filing 257 DECLARATION of Betty Chen in Support of Adobe Systems Incorporated's Opposition to Everyscape, Inc.'s Motion for Summary Judgment #245 that its Asserted Patent Claims are Infringed and not Anticipated by Adobe Systems Incorporated. (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)(Kessel, Adam) Modified on 6/26/2014 (Flaherty, Elaine). |
| Filing 256 MOTION to Seal by Adobe Systems Incorporated.(Kessel, Adam) |
| Filing 255 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #254 Motion for Leave to File Excess Pages. (RGS, law1) |
| Filing 254 Assented to MOTION for Leave to File Excess Pages for Opening Summary Judgment Briefs filed January 14, 2014 by EveryScape, Inc..(Feigelson, Aaron) |
| Filing 253 ELECTRONIC NOTICE Resetting Hearing on #245 MOTION for Summary Judgment of Noninfringement of U.S. Patents 6,411,742 and 7,095,905, #236 MOTION for Partial Summary Judgment of Invalidity, #240 MOTION for Partial Summary Judgment of No Willful Infringement and No Indirect Infringement, #243 MOTION for Summary Judgment of Infringement and No Anticipation, #238 MOTION for Partial Summary Judgment of Noninfringement : Motion Hearing RESET for 3/21/2014 at 2:00 PM in Courtroom 21 before Judge Richard G. Stearns. (Seelye, Terri) |
| Filing 252 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #251 Motion to Continue 3/18/14 Summary Judgment Hearing. Notice rescheduling to issue. (Seelye, Terri) |
| Filing 251 Assented to MOTION to Continue Summary Judgment Hearing Due to Trial by Adobe Systems Incorporated.(Kessel, Adam) |
| Filing 250 DECLARATION re #240 MOTION for Partial Summary Judgment of No Willful Infringement and No Indirect Infringement Corrected by Adobe Systems Incorporated. (Kessel, Adam) |
| Filing 249 ELECTRONIC NOTICE Setting Hearing on #245 MOTION for Summary Judgment of Noninfringement of U.S. Patents 6,411,742 and 7,095,905, #236 MOTION for Partial Summary Judgment of Invalidity, #240 MOTION for Partial Summary Judgment of No Willful Infringement and No Indirect Infringement, #243 MOTION for Summary Judgment of Infringement and No Anticipation, #238 MOTION for Partial Summary Judgment of Noninfringement : Motion Hearing set for 3/18/2014 at 2:00 PM in Courtroom 21 before Judge Richard G. Stearns. (Seelye, Terri) |
| Filing 248 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #235 Motion to Seal; granting #242 motion to seal - ALLOWED, subject to the court's review of the sealed documents" (Flaherty, Elaine) |
| Filing 247 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #242 Motion to Seal (Flaherty, Elaine) |
| Filing 246 DECLARATION re #245 MOTION for Summary Judgment of Noninfringement of U.S. Patents 6,411,742 and 7,095,905 by EveryScape, Inc.. (Attachments: #1 Exhibit 1 (under seal), #2 Exhibit 2 (under seal), #3 Exhibit 3 (under seal), #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7 (under seal), #8 Exhibit 8, #9 Exhibit 9 (under seal), #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12)(Hua, Leonard) |
| Filing 245 MOTION for Summary Judgment of Noninfringement of U.S. Patents 6,411,742 and 7,095,905 by EveryScape, Inc..(Hua, Leonard) |
| Filing 244 DECLARATION re #243 MOTION for Summary Judgment of Infringement and No Anticipation by EveryScape, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B (under seal), #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H (under seal), #9 Exhibit I (under seal), #10 Exhibit J, #11 Exhibit K (under seal), #12 Exhibit L (under seal), #13 Exhibit M (under seal), #14 Exhibit N (under seal), #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q (under seal), #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U (under seal), #22 Exhibit V, #23 Exhibit W, #24 Exhibit X)(Feigelson, Aaron) |
| Filing 243 MOTION for Summary Judgment of Infringement and No Anticipation by EveryScape, Inc..(Feigelson, Aaron) |
| Filing 242 Assented to MOTION to Seal by EveryScape, Inc..(Feigelson, Aaron) |
| Filing 241 DECLARATION re #240 MOTION for Partial Summary Judgment of No Willful Infringement and No Indirect Infringement by Adobe Systems Incorporated. (Attachments: #1 Exhibit 3, #2 Exhibit 8, #3 Exhibit 9, #4 Exhibit 13, #5 Exhibit 14)(Kessel, Adam) |
| Filing 240 MOTION for Partial Summary Judgment of No Willful Infringement and No Indirect Infringement by Adobe Systems Incorporated.(Kessel, Adam) |
| Filing 239 DECLARATION re #238 MOTION for Partial Summary Judgment of Noninfringement by Adobe Systems Incorporated. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 4, #4 Exhibit 5, #5 Exhibit 6, #6 Exhibit 7, #7 Exhibit 11 part 1, #8 Exhibit 11 part 2, #9 Exhibit 11 part 3, #10 Exhibit 12, #11 Exhibit 14)(Kessel, Adam) |
| Filing 238 MOTION for Partial Summary Judgment of Noninfringement by Adobe Systems Incorporated.(Kessel, Adam) |
| Filing 237 DECLARATION re #236 MOTION for Partial Summary Judgment of Invalidity by Adobe Systems Incorporated. (Attachments: #1 Exhibit 1, #2 Exhibit 3, #3 Exhibit 4, #4 Exhibit 5 part 1, #5 Exhibit 5 part 2, #6 Exhibit 5 part 3, #7 Exhibit 5 part 4, #8 Exhibit 5 part 5, #9 Exhibit 5 part 6, #10 Exhibit 5 part 7, #11 Exhibit 5 part 8, #12 Exhibit 5 part 9, #13 Exhibit 5 part 10, #14 Exhibit 5 part 11, #15 Exhibit 5 part 12, #16 Exhibit 5 part 13, #17 Exhibit 9, #18 Exhibit 10 part 1, #19 Exhibit 10 part 2, #20 Exhibit 10 part 3, #21 Exhibit 10 part 4, #22 Exhibit 11, #23 Exhibit 12, #24 Exhibit 16, #25 Exhibit 17 part 1, #26 Exhibit 17 part 2, #27 Exhibit 17 part 3, #28 Exhibit 17 part 4, #29 Exhibit 18 part 1, #30 Exhibit 18 part 2, #31 Exhibit 24 part 1, #32 Exhibit 24 part 2, #33 Exhibit 26 part 1, #34 Exhibit 26 part 2, #35 Exhibit 26 part 3, #36 Exhibit 26 part 4, #37 Exhibit 26 part 5, #38 Exhibit 28 part 1, #39 Exhibit 28 part 2, #40 Exhibit 29)(Kessel, Adam) |
| Filing 236 MOTION for Partial Summary Judgment of Invalidity by Adobe Systems Incorporated.(Kessel, Adam) |
| Filing 235 MOTION to Seal by Adobe Systems Incorporated.(Kessel, Adam) |
| Filing 234 Judge Richard G. Stearns: Partial Judgment granting #233 Motion for Entry of Judgment under Rule 54(b) (Flaherty, Elaine) Modified text on 1/15/2014 (Seelye, Terri). |
| Filing 233 Joint MOTION for Entry of Judgment under Rule 54(b) by EveryScape, Inc.. (Attachments: #1 Text of Proposed Order)(Hua, Leonard) |
| Filing 232 REPLY to Response to #220 MOTION for Reconsideration re #219 Order on Motion to Dismiss, Order on Motion for Summary Judgment,, Adobe's Reply Brief in Support of its Motion for Leave for Reconsideration of Orders re Standing or in the Alternative, Motion for Order Permitting Interlocutory Appeal filed by Adobe Systems Incorporated. (Katz, Steven) |
| Filing 231 NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at #http://www.mad.uscourts.gov/attorneys/general-info.htm (Scalfani, Deborah) |
| Filing 230 Transcript of Motion for Summary Judgment Hearing held on August 27, 2013, before Judge Richard G. Stearns. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: James Gibbons at jmsgibbons@yahoo.com Redaction Request due 1/1/2014. Redacted Transcript Deadline set for 1/13/2014. Release of Transcript Restriction set for 3/11/2014. (Scalfani, Deborah) |
| Filing 229 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #228 Motion for Leave to File Document ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on 12/11/13 - in the caption of the document. (RGS, law1) |
| Filing 228 MOTION for Leave to File Reply Brief in Support of its Motion for Reconsideration by Adobe Systems Incorporated. (Attachments: #1 Exhibit A - Reply Brief in Support of Motion for Reconsideration)(Katz, Steven) |
| Filing 227 Opposition re #220 MOTION for Reconsideration re #219 Order on Motion to Dismiss, Order on Motion for Summary Judgment,, filed by EveryScape, Inc.. (Hua, Leonard) |
| Filing 226 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #225 Joint Motion to Modify Briefing Schedule for Dispositive Motions. (RGS, law1) |
| Filing 225 Joint MOTION to Modify Briefing Schedule by EveryScape, Inc..(Feigelson, Aaron) |
| Filing 224 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting in part and denying in part #223 Motion to Summarily Deny or, in the alternative, to Defer Briefing. Plaintiff shall have until December 6 or two weeks after the conclusion of expert depositions in this case, whichever is later, to file its opposition brief to Defendant's Motion for Reconsideration. (RGS, law1) |
| Filing 223 MOTION to Summarily Deny Adobe's Motion for Reconsideration Or, in the Alternative, To Defer Briefing Until After Expert Discovery re #220 MOTION for Reconsideration re #219 Order on Motion to Dismiss, Order on Motion for Summary Judgment,, by EveryScape, Inc.. (Attachments: #1 Exhibit A)(Feigelson, Aaron) |
| Filing 222 DECLARATION re #220 MOTION for Reconsideration re #219 Order on Motion to Dismiss, Order on Motion for Summary Judgment,, Declaration of Betty H. Chen in Support of Adobe's Motion for Reconsideration by Adobe Systems Incorporated. (Attachments: #1 Exhibit 1)(Kessel, Adam) |
| Filing 221 MEMORANDUM in Support re #220 MOTION for Reconsideration re #219 Order on Motion to Dismiss, Order on Motion for Summary Judgment,, filed by Adobe Systems Incorporated. (Kessel, Adam) |
| Filing 220 MOTION for Reconsideration re #219 Order on Motion to Dismiss, Order on Motion for Summary Judgment by Adobe Systems Incorporated.(Kessel, Adam) Modified to remove termination date on 1/15/2014 (Seelye, Terri). |
| Filing 219 Judge Richard G. Stearns: ORDER entered denying #145 Motion to Dismiss; granting #154 Motion for Summary Judgment on the issue of standing. Expert discovery is to be completed within sixty (60) days of the date of this order. Dispositive motions are due no later than thirty (30) days thereafter. A reply brief from each side not to exceed fifteen (15) pages will be accepted within fourteen (14) days of the expiration of the dispositive motion deadline. (RGS, law1) |
| Filing 218 ELECTRONIC Clerk's Notes for proceedings held before Judge Richard G. Stearns: Hearing re Motion for Summary Judgment, Motion to Dismiss held on 8/27/2013. The court has taken the matter under advisement. (Court Reporter: James Gibbons at jmsgibbons@yahoo.com.)(Attorneys present: Attnys Feigelson, Airan, and Mueller for EveryScape; Attnys Scherkenbach, Kessel, and Kuznick for Adobe) (RGS, law2) |
| Filing 217 Judge Richard G. Stearns: ELECTRONIC ORDER entered. In order that the court and the parties may make the most efficient use of the August 27, 2013 hearing, the court advises that it is its present intent to issue upon conclusion of the hearing the following order on Adobe's Motion to Dismiss and EveryScape's Motion for Summary Judgment: It is a bedrock principle of patent law that "[a]bsent the voluntary joinder of all co-owners of a patent, a co-owner acting alone will lack standing." DDB Techs., L.L.C. v. MLB Advanced Media, L.P., 517 F.3d 1284, 1289 (Fed. Cir. 2008), quoting Israel Bio-Eng'g Project v. Amgen Inc., 475 F.3d 1256, 1264-1265 (Fed. Cir. 2007). The dispositive question in this case is therefore whether EveryScape holds complete title to the patents-in-suit. That question, in turn, requires the court to determine (1) whether Dr. Dorsey is a co-inventor of the patented technology, and, even if so, (2) whether she nonetheless assigned and/or released to EveryScape any ownership interest therein. It is the court's view that the Stock Purchase Agreement cannot be fairly read to have assigned the Cloning Application, and, even assuming that the Agreement released any and all claims related to that technology, it remains to be determined whether the release is rendered unenforceable by Mok3's presently undisputed failure to disclose to Dr. Dorsey the existence of the then-pending patent application. Given Adobe's only recent discovery of Dr. Dorsey's possible claim of inventorship, the issue of inventorship, as well as that of enforceability of the release, is best addressed following a brief period of additional discovery. The parties are permitted sixty (60) days from the date of this order to conduct such discovery and shall file renewed standing motions within thirty (30) days thereafter. Should material factual disputes remain at that time, the court will conduct a bench trial to determine its jurisdiction. See Shum v. Intel Corp., 499 F.3d 1272,1278-1279 (Fed. Cir. 2007). (RGS, law2) |
| Filing 216 Judge Richard G. Stearns: ELECTRONIC ORDER entered denying #135 Motion to Preclude Adobe from Introducing or Relying on Testimony of Dr. Julie Dorsey. The court previously rejected EveryScape's objections to Adobe's course of conduct related to the discovery of Dr. Dorsey and is not persuaded to revisit that ruling. See Feb. 26, 2013 Order on Adobe's Motion for Leave to File Its Third Amended Answer and Counterclaims. In conjunction with its review of the pending standing motions, the court will, however, consider whether and to what extent the inclusion of Dr. Dorsey's testimony warrants additional discovery. (RGS, law2) |
| Filing 215 SEALED DOCUMENT Everyscape's Sealed Opposition to Adobe's Motion for Leave to Amend with Sealed Exhibits L-Q, FILED UNDER SEAL. (Attachments: #1 Exhibits L-Q)(Flaherty, Elaine) |
| Filing 214 SEALED Declaration of Betty H. Chen in support of Adobe Systems, Inc.'s Reply Brief in support of its Motion for Leave to File it's Third Amended Answer and Counterclaims, FILED UNDER SEAL. (Flaherty, Elaine) |
| Filing 213 SEALED Reply Brief in Support of Adobe Systems Inc.'s Motion for Leave to file its Third Amended Answer and Counterclaims, FILED UNDER SEAL. (Flaherty, Elaine) |
| Filing 211 REDACTION EveryScape, Inc.'s Reply in Support of its Motion For Summary Judgment That It Has Standing to Pursue its Infringement Claims byEveryScape, Inc.. (Feigelson, Aaron) |
| Filing 210 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting in part and denying in part #208 Motion to Seal. EveryScape's motion to seal is granted, provided, however, that a redacted version of the reply memorandum be filed on the public docket within one week of this order. (RGS, law2) |
| Filing 209 REDACTION Adobe Systems Incorporated's Reply in Support of its Motion to Dismiss for Lack of Standing byAdobe Systems Incorporated. (Kessel, Adam) |
| Filing 208 Assented to MOTION to Seal EveryScape, Inc.'s Reply in Support of its Motion For Summary Judgment That It Has Standing to Pursue its Infringement Claims by EveryScape, Inc..(Feigelson, Aaron) |
| Filing 205 ELECTRONIC NOTICE Setting Hearing on #145 MOTION to Dismiss for Lack of Standing, and #154 MOTION for Summary Judgment That EveryScape Inc. Has Standing to Pursue its Infringement Claims : Motion Hearing set for 8/27/2013 at 3:00 PM in Courtroom 21 before Judge Richard G. Stearns. (Seelye, Terri) |
| Filing 204 DECLARATION of Betty H. Chen in Support of Adobe Systems, Inc.'s Reply in Support of its Motion to Dismiss for Lack of Standing by Adobe Systems Incorporated. (Attachments: #1 Exhibit Z, #2 Exhibit AA, #3 Exhibit BB, #4 Exhibit CC - SEALED, #5 Exhibit DD - SEALED, #6 Exhibit EE - Part 1, #7 Exhibit EE - Part 2, #8 Exhibit FF, #9 Exhibit GG, #10 Exhibit HH - SEALED, #11 Exhibit II - SEALED, #12 Exhibit JJ - SEALED, #13 Exhibit KK - SEALED, #14 Exhibit LL - SEALED, #15 Exhibit MM - SEALED, #16 Exhibit NN - SEALED, #17 Exhibit OO - SEALED, #18 Exhibit PP - SEALED, #19 Exhibit QQ - SEALED, #20 Exhibit RR - SEALED, #21 Exhibit SS)(Kessel, Adam) |
| Filing 203 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #202 Motion to Seal (RGS, law2) |
| Filing 202 Assented to MOTION to Seal by Adobe Systems Incorporated.(Kessel, Adam) |
| Filing 201 REDACTION Defendant Adobe Systems Incorporated's Responsive Statement of Material Facts Pursuant to Local Civil Rule 56.1 in Opposition to EveryScape, Inc.'s Motion for Summary Judgment That it has Standing to Pursue its Infringement Claims byAdobe Systems Incorporated. (Kessel, Adam) |
| Filing 200 REDACTION EveryScape, Inc.'s Opposition to Adobe Systems Incorporated's Motion to Dismiss for Lack of Standing byEveryScape, Inc.. (Feigelson, Aaron) |
| Filing 199 REDACTION EveryScape, Inc.'s Local Rule 56.1 Concise Statement of Undisputed Material Facts in Support of its Motion for Summary Judgment That it Has Standing to Pursue its Infringement Claims byEveryScape, Inc.. (Attachments: #1 Exhibit 11, #2 Exhibit 18 (redacted), #3 Exhibit 20, #4 Exhibit 21)(Feigelson, Aaron) |
| Filing 198 REDACTION Memorandum of Law in Support of EveryScape, Inc.'s Motion for Summary Judgment That it Has Standing to Pursue its Infringement Claims byEveryScape, Inc.. (Feigelson, Aaron) |
| Filing 197 REDACTION EveryScape, Inc.'s Reply Brief in Support of Its Motion to Preclude Adobe Systems Inc. from Introducing or Relying Upon Testimony From Dr. Julie Dorsey byEveryScape, Inc.. (Feigelson, Aaron) |
| Filing 196 REDACTION Corrected Memorandum in Support Of EveryScape, Inc.'s Motion to Preclude Adobe Systems Inc. From Introducing or Relying Upon Testimony From Dr. Julie Dorsey byEveryScape, Inc.. (Attachments: #1 Exhibit 4-10, 12, 14, 16, 23, 24)(Feigelson, Aaron) |
| Filing 195 SEALED Exhibit 2 to the Declaration of Byong Mok Oh, FILED UNDER SEAL. (Flaherty, Elaine) |
| Filing 194 SEALED Exhibit E to the Declaration of Asron Feigelson, FILED UNDER SEAL. (Flaherty, Elaine) |
| Filing 193 SEALED Memorandum in Opposition to Adobe's Motion for Dismiss for Lack of Standing, FILED UNDER SEAL. (Flaherty, Elaine) |
| Filing 192 SEALED Exhibits A-G to the Declaration of Betty Chen in support of Adobe's Opposition to Everyscape's Motion for Summary Judgment re: standing to pursue its infringement claims, FILED UNDER SEAL. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit)(Flaherty, Elaine) |
| Filing 191 SEALED Adobe's Responsive Statement of Material Facts in Opposition to Everyscape's Motion for Summary Judgment re: pursue its Infringement Claims, FILED UNDER SEAL. (Flaherty, Elaine) |
| Filing 190 SEALED Adobe's Opposition to Everyscape's Motion for Summary Judgment re: pursue its Infringement Claims, FILED UNDER SEAL. (Flaherty, Elaine) |
| Filing 189 REDACTION Adobe Systems Incorporated's Opposition to Everyscape, Inc.'s Motion for Summary Judgment That it has Standing to Pursue its Infringement Claims byAdobe Systems Incorporated. (Kessel, Adam) |
| Filing 188 NOTICE by EveryScape, Inc. of Service of Court Order (D.I. 187) Upon Non-Party Julie Dorsey (Feigelson, Aaron) |
| Filing 187 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting in part and denying in part #185 Motion for Relief from June 17, 2013 Order Requiring Filing of Redacted Pleadings. If Dr. Dorsey does not respond within five days of this order to EveryScape's invitation to collaborate in determining which of the information is protected by privilege or constitutes confidential trade secrets, the court will deem that Dr. Dorsey has waived any interest in redactions and will order that EveryScape file the redacted papers in the form proposed by Adobe. (RGS, law2) |
| Filing 186 NOTICE by EveryScape, Inc. of Service of Unopposed Motion Upon Non-Party Julie Dorsey (Feigelson, Aaron) |
| Filing 185 MOTION For Relief From the Order Dated June 17, 2013, Requiring Filing of Redacted Pleadings re 179 Order on Motion to Seal, (Unopposed) by EveryScape, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Feigelson, Aaron) |
| Filing 184 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #183 Motion for Modification "Adobe's Reply in support of motion to dismiss by 7/10/13; Everyscape's reply in support of Everscape's Motion for Summary Judgment that it has standing to pursue infringement claims by 7/15/13. (Flaherty, Elaine) |
| Filing 183 Joint MOTION to Modify Briefing Schedule by Adobe Systems Incorporated.(Kessel, Adam) |
| Filing 182 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #180 Motion to Seal (RGS, law2) |
| Filing 181 DECLARATION of Betty H. Chen in Support of Adobe Systems Incorporated's Opposition to Everyscape, Inc.'s Motion for Summary Judgment that it has Standing to Pursue its Infringement Claims by Adobe Systems Incorporated. (Attachments: #1 Exhibit A - SEALED, #2 Exhibit B - SEALED, #3 Exhibit C - SEALED, #4 Exhibit D - SEALED, #5 Exhibit E - SEALED, #6 Exhibit F - SEALED, #7 Exhibit G - SEALED, #8 Exhibit H)(Kessel, Adam) |
| Filing 180 Assented to MOTION to Seal by Adobe Systems Incorporated.(Kessel, Adam) |
| Filing 179 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #175 Motion to Seal. However, counsel is once again reminded to file redacted versions of key pleadings on the public docket. Redacted versions of EveryScape's previously filed motion for summary judgment and its opposition to Adobe's motion to dismiss shall be filed within seven days of this order. (RGS, law2) |
| Filing 178 DECLARATION of Fredo Durand, Ph.D., in Support of EveryScape, Inc.'s Opposition to Adobe Systems Incorporated's Motion to Dismiss for Lack of Standing by EveryScape, Inc.. (Hua, Leonard) |
| Filing 177 DECLARATION of Byong Mok Oh, Ph.D., in Support of EveryScape, Inc.'s Opposition to Adobe Systems Incorporated's Motion to Dismiss for Lack of Standing by EveryScape, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2 (SEALED), #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 5 (continued), #7 Exhibit 6)(Hua, Leonard) |
| Filing 176 DECLARATION of Aaron R. Feigelson in Support of EveryScape, Inc.'s Opposition to Adobe System Incorporated's Motion to Dismiss for Lack of Standing by EveryScape, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E (SEALED), #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I)(Hua, Leonard) |
| Filing 175 Assented to MOTION to Seal EveryScape's Opposition to Adobe's Motion to Dismiss for Lack of Standing, Exhibit E to the Declaration of Aaron R. Feigelson, and Exhibit 2 to the Declaration of Byong Mok Oh by EveryScape, Inc..(Hua, Leonard) |
| Filing 174 SEALED Exhibits 25 and 26 to Declaration of Aaron Feigelson in support of Everyscape, Inc.'s Reply Brief in Support of its Motion to Preclude Abobe Systems from introducing or relying upon testimony from Dr. Julie Dorsey, FILED UNDER SEAL. (Flaherty, Elaine) |
| Filing 173 SEALED Everyscape, Inc.'s Reply Brief in Support of its Motion to Preclude Adobe Systems, Inc. from introducing or relying upon testimony from Dr. Julie Dorsey, FILED UNDER SEAL. (Flaherty, Elaine) |
| Filing 172 Set/Reset Deadlines as to #145 MOTION to Dismiss for Lack of Standing, #154 MOTION for Summary Judgment That EveryScape Inc. Has Standing to Pursue its Infringement Claims. Responses due by 6/14/2013 Responses due by 6/19/2013 (Flaherty, Elaine) |
| Filing 171 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #170 Motion extend response deadlines; Everyscape's opp to Adobe's Motion to Dismiss by 6/14/13; Adobe's Opposition to Everyscape's Motion for Summary Judgment by 6/19/13. (Flaherty, Elaine) |
| Filing 170 Joint MOTION to Modify Briefing Schedule by EveryScape, Inc..(Feigelson, Aaron) |
| Filing 169 SEALED Exhibits to Feigelson Declarations in Support of Everyscape's Motion for Summary Judgment that it has Standing to Pursue its Infringement Claims, FILED UNDER SEAL. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit)(Flaherty, Elaine) |
| Filing 168 SEALED Everyscape's Statement of Facts in Support of Everyscape's Motion for Summary Judgment that it has Standing to Pursue its Infringement Claims, FILED UNDER SEAL (Flaherty, Elaine) |
| Filing 167 SEALED Memorandum in Support of Everyscape's Motion for Summary Judgment that it has Standing to Pursue Infringement Claims, FILED UNDER SEAL. (Flaherty, Elaine) |
| Filing 166 DECLARATION of Aaron R. Feigelson In Support of EveryScape, Inc's Reply Brief in Support of Its Motion To Preclude Adobe Systems Inc. From Introducing or Relying Upon Testimony From Dr. Julie Dorsey, with Exhibits 25 and 26 by EveryScape, Inc.. (Feigelson, Aaron) |
| Filing 165 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #163 Motion to Seal (RGS, law2) |
| Filing 164 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #162 Motion for Leave to File Document ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (RGS, law2) |
| Filing 163 Assented to MOTION to Seal Exhibit A to EveryScape's Motion for Leave to File Reply Brief in Support of Its Motion to Preclude Adobe Systems Inc. From Introducing or Relying Upon Testimony from Dr. Julie Dorsey by EveryScape, Inc..(Feigelson, Aaron) |
| Filing 162 Assented to MOTION for Leave to File Reply Brief in Support Of EveryScape's Motion to Preclude Adobe Systems Inc. From Introducing or Relying Upon Testimony from Dr. Julie Dorsey by EveryScape, Inc..(Feigelson, Aaron) |
| Filing 161 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #160 Motion to Vacate Deadlines and Stay Case in Part Pending Resolution of Standing Issue. The case, other than the resolution of the standing issue, is stayed. Expert discovery to be completed within 30 days of resolution of the standing issue and dispositive motions due 30 days thereafter. (RGS, law2) |
| Filing 160 Joint MOTION to Vacate Deadlines and Stay Case in Part Pending Resolution of Standing Issue by Adobe Systems Incorporated.(Kessel, Adam) |
| Filing 159 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #158 Motion for Extension of Time to File Response/Reply re #145 MOTION to Dismiss for Lack of Standing Responses due by 6/7/2013 (RGS, law1) |
| Filing 158 Assented to MOTION for Extension of Time to June 7, 2013 to File Response/Reply as to #145 MOTION to Dismiss for Lack of Standing by EveryScape, Inc..(Feigelson, Aaron) |
| Filing 157 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #155 Motion to Seal. However, counsel is reminded to file redacted versions of key pleadings, including memoranda supporting dispositive motions, on the public docket. (RGS, law1) |
| Filing 156 DECLARATION re #154 MOTION for Summary Judgment That EveryScape Inc. Has Standing to Pursue its Infringement Claims by EveryScape, Inc.. (Attachments: #1 Exhibit 01, #2 Exhibit 02, #3 Exhibit 03, #4 Exhibit 04, #5 Exhibit 05, #6 Exhibit 06, #7 Exhibit 07, #8 Exhibit 08, #9 Exhibit 09, #10 Exhibit 10, #11 Exhibit 12, #12 Exhibit 14, #13 Exhibit 15, #14 Exhibit 16)(Feigelson, Aaron) |
| Filing 155 MOTION to Seal Memorandum, Statement Of Facts, And Exhibits In Support Of EveryScape, Inc.'s Motion For Summary Judgment That It Has Standing To Pursue Its Infringement Claims by EveryScape, Inc..(Feigelson, Aaron) |
| Filing 154 MOTION for Summary Judgment That EveryScape Inc. Has Standing to Pursue its Infringement Claims by EveryScape, Inc..(Mueller, Wesley) |
| Filing 153 REDACTION to #148 Declaration,,,, REDACTED EXHIBIT J byAdobe Systems Incorporated. (Chen, Betty) |
| Filing 152 REDACTION Adobe Systems Incorporated's Memorandum in Support of its Motion to Dismiss for Lack of Standing byAdobe Systems Incorporated. (Kessel, Adam) |
| Filing 151 REDACTION Adobe Systems Incorporated's Opposition to Everyscape, Inc.'s Motion to Preclude the Testimony of Julie Dorsey byAdobe Systems Incorporated. (Kessel, Adam) |
| Filing 150 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #146 Motion to Seal (RGS, law1) |
| Filing 149 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #144 Motion to Seal (RGS, law1) |
| Filing 148 DECLARATION re #145 MOTION to Dismiss for Lack of Standing by Adobe Systems Incorporated. (Attachments: #1 Exhibit A - SEALED Dec of Dorsey, #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 Errata 11, #13 Exhibit 12 - SEALED, #14 Exhibit 13 - SEALED, #15 Exhibit 14 - SEALED, #16 Exhibit 15, #17 Exhibit 16, #18 Exhibit 17 - SEALED, #19 Exhibit 18 - SEALED, #20 Exhibit 19, #21 Exhibit 20, #22 Exhibit B, #23 Exhibit C - SEALED, #24 Exhibit D - SEALED, #25 Exhibit E, #26 Exhibit F, #27 Exhibit G, #28 Exhibit H - SEALED, #29 Exhibit I, #30 Exhibit J - SEALED, #31 Exhibit K - SEALED, #32 Exhibit L, #33 Exhibit M, #34 Exhibit N, #35 Exhibit O - SEALED, #36 Exhibit P - SEALED, #37 Exhibit Q - SEALED, #38 Exhibit R- SEALED, #39 Exhibit S - SEALED, #40 Exhibit T - SEALED, #41 Exhibit U - SEALED, #42 Exhibit V - SEALED, #43 Exhibit W - SEALED, #44 Exhibit X, #45 Exhibit Y)(Kessel, Adam) |
| Filing 147 DECLARATION of Betty H. Chen in Support of Adobe Systems Inc.'s Opposition to Everyscape, Inc.'s Motion to Preclude the Testimony of Julie Dorsey by Adobe Systems Incorporated. (Attachments: #1 Exhibit 1-A, #2 Exhibit 1-B, #3 Exhibit 1-C, #4 Exhibit 1-D, #5 Exhibit 1-E - SEALED, #6 Exhibit 1-F - SEALED, #7 Exhibit 1-G, #8 Exhibit 1-H, #9 Exhibit 1-I, #10 Exhibit 1-J)(Kessel, Adam) |
| Filing 146 Assented to MOTION to Seal by Adobe Systems Incorporated.(Kessel, Adam) |
| Filing 145 MOTION to Dismiss for Lack of Standing by Adobe Systems Incorporated.(Kessel, Adam) |
| Filing 144 Assented to MOTION to Seal by Adobe Systems Incorporated.(Kessel, Adam) |
| Filing 143 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #142 Motion for Extension of Time. Adobe has until May 17, 2013 to oppose EveryScape's Motion to Preclude Testimony from Dr. Dorsey. (RGS, law1) |
| Filing 142 Assented to MOTION for Extension of Time to May 17, 2013 to respond to EveryScape's Motion to Preclude Adobe From Introducing or Relying Upon Testimony from Dr. Julie Dorsey by Adobe Systems Incorporated.(Kessel, Adam) |
| Filing 141 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #140 Motion to Seal (RGS, law1) |
| Filing 140 Assented to MOTION to Seal Corrected Memorandum In Support Of Everyscape's Motion To Preclude Adobe Systems Inc. From Introducing Or Relying Upon Testimony From Dr. Julie Dorsey by EveryScape, Inc..(Feigelson, Aaron) |
| Filing 139 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #138 Motion for Leave to File Document ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (RGS, law1) |
| Filing 138 Assented to MOTION for Leave to File A Corrected Memorandum In Support Of Everyscape's Motion To Preclude Adobe Systems Inc. From Introducing Or Relying Upon Testimony From Dr. Julie Dorsey by EveryScape, Inc..(Feigelson, Aaron) |
| Filing 137 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #136 Motion to Seal (RGS, law1) |
| Filing 136 Assented to MOTION to Seal Memorandum and Exhibits 2, 4-14, 16, and 20-24 in Support of EveryScape's Motion to Preclude Adobe from Introducing or Relying Upon Testimony from Dr. Julie Dorsey by EveryScape, Inc..(Hua, Leonard) |
| Filing 135 MOTION to Preclude Adobe Systems Inc. From Introducing or Relying Upon Testimony from Dr. Julie Dorsey by EveryScape, Inc.. (Attachments: #1 Declaration of Aaron R. Feigelson ISO Motion, and Exhibits Thereto)(Mueller, Wesley) |
| Filing 134 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #133 Motion for Extension of Time. Opening expert reports to be served by April 26, 2013, rebuttal experts by May 17, 2013. Expert discovery to close on June 17, 2013. Dispotitive motions are due on or before July 8, 2013. (RGS, law1) |
| Filing 133 Joint MOTION for Extension of Time of Scheduling Order by EveryScape, Inc..(Feigelson, Aaron) |
| Filing 132 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #131 Motion for Extension of Time. Open expert reports to be served by April 12, 2013, rebuttal experts by May 2, 2013. Expert discovery to close on June 3, 2013. Dispotitive motions are due on or before June 24, 2013. (RGS, law1) |
| Filing 131 Joint MOTION for Extension of Time of Scheduling Order by Adobe Systems Incorporated.(Kessel, Adam) |
| Filing 130 ANSWER to Counterclaim (Reply, Answer & Affirmative Defenses to Third Amended Counterclaims) by EveryScape, Inc..(Feigelson, Aaron) |
| Filing 128 Redacted Third Amended ANSWER to #1 Complaint, with Jury Demand Affirmative Defenses, COUNTERCLAIM against EveryScape, Inc. by Adobe Systems Incorporated. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Kessel, Adam) |
| Filing 127 NOTICE OF MANUAL FILING by Adobe Systems Incorporated Third Amended Answer, Affirmative Defenses, and Counterclaims by Adobe Systems Incorporated re #44 Amended Answer to Complaint, Counterclaim, #38 Answer to Complaint, Counterclaim, #1 Complaint, #14 Answer to Complaint, Counterclaim (Attachments: #1 Exhibit A to Third Amended Answer, #2 Exhibit B to Third Amended Answer, #3 Exhibit C to Third Amended Answer, #4 Exhibit D to Third Amended Answer, #5 Exhibit E to Third Amended Answer, #6 Exhibit F to Third Amended Answer)(Kessel, Adam) |
| Judge Richard G. Stearns: ELECTRONIC ORDER entered granting in part and denying in part #112 Motion for Leave to File Document ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. Adobe's motion for leave to file a third amended complaint is granted as to the standing, unenforceability, and inequitable conduct claims/defenses, and denied as to the correction of inventorship claim. Adobe's discovery of Dr. Dorsey, while not a model of efficiency, was not intentionally dilatory. The significance of Dr. Dorsey's stock purchase agreement is unclear at this juncture given that it contains a release but also a separate assignment of IP rights that did not included the provisional application to the asserted Everyscape patent - this issue may be more appropriately raised on summary judgment. Adobe has until March 5, 2013 to file its third amended complaint consistent with this order. (RGS, law1) |
| Judge Richard G. Stearns: ELECTRONIC ORDER entered granting in part and denying in part #114 Motion to Compel. In general, EveryScape is not entitled to discover damages information relating to Adobe's products other than the accused Photoshop product. On the basis of Adobe's representation that it will have produced its 30b(6) damages witness today and explained the basis of its allocation of Photoshop revenues from sales of suites, EveryScape's motion for further revenue documents and a damages witness is denied as moot. If EveryScape is not satisfied with Adobe's explanation, it may bring a further motion detailing Adobe's deficiencies. EveryScape's motion is denied as to the damages expert reports in the Tarkus case - given that the technology involved is different, these reports have little relevance to this case and involves disclosure of third-party protected information. EveryScape's motion as to license agreements is granted in part as to the narrowed set of licenses that the parties have agreed to be comparable to hypothetical license in this case. (RGS, law1) |
| Judge Richard G. Stearns: ELECTRONIC ORDER entered denying #121 Motion for Protective Order without prejudice. The parties are expected to proceed consistently with the court's order on EveryScape's motion to compel. (RGS, law1) |
| Judge Richard G. Stearns: ELECTRONIC ORDER entered. re #127 Notice of Manual Filing,, filed by Adobe Systems Incorporated. Adobe is requested to file a redacted version of its Third Amended Answer and Counterclaim on the public docket.(RGS, law1) |
| Filing 126 NOTICE of Appearance by Kevin J. DeJong on behalf of Adobe Systems Incorporated (DeJong, Kevin) |
| Filing 125 Assented to MOTION to Seal Adobe Reply Brief in Support of its Motion for Leave to File its Third Amended Answer and Counterclaims with Supporting Exhibits by Adobe Systems Incorporated.(Kessel, Adam) |
| Filing 124 MOTION for Leave to File a Reply Brief in Support of its Motion for Leave to File its Third Amended Answer and Counterclaims by Adobe Systems Incorporated. (Attachments: #1 Exhibit A)(Kessel, Adam) |
| Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #124 Motion for Leave to File Document ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (RGS, law1) |
| Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #125 Motion to Seal (RGS, law1) |
| Filing 123 Proposed Document(s) submitted by Adobe Systems Incorporated. Document received: [Proposed] Order Granting Adobe Systems Incorporated's Motion for a Protective Order and Denying Everyscape, Inc.'s Motion to Compel Damages Discovery. (Kessel, Adam) |
| Filing 122 DECLARATION re #121 MOTION for Protective Order Declaration of Frank Scherkenbach in Opposition to EveryScape, Inc.'s Motion to Compel Damages Discovery and in Support of Adobe Systems Inc.'s Motion for a Protective Order by Adobe Systems Incorporated. (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)(Kessel, Adam) |
| Filing 121 MOTION for Protective Order by Adobe Systems Incorporated.(Kessel, Adam) |
| Filing 120 Assented to MOTION to Seal Adobe's Memorandum in Opposition to EveryScape's Motion to Compel Damages Discovery and in Support of its Motion for a Protective Order by Adobe Systems Incorporated.(Kessel, Adam) |
| Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #120 Motion to Seal (RGS, law1) |
| Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #119 Motion for Modification. Parties have until March 29, 2013 to exchange opening expert reports, April 18, 2013 to exchange rebuttal expert reports. Expert discovery closes on May 20, 2013. Summary judgment motions are due on or before June 10, 2013. (RGS, law1) |
| Filing 119 Joint MOTION to Modify Scheduling Order by Adobe Systems Incorporated, EveryScape, Inc..(Feigelson, Aaron) |
| Filing 118 DECLARATION of Aaron R. Feigelson in Support of EveryScape's Opposition to Adobe's Motion for Leave to File a Third Amended Answer and Counterclaims by EveryScape, Inc.. (Attachments: #1 Exhibit R)(Hua, Leonard) |
| Filing 117 Assented to MOTION to Seal EveryScape's Opposition to Adobe's Motion for Leave to File a Third Amended Answer and Counterclaims, and Exhibits L-Q thereto, by EveryScape, Inc..(Hua, Leonard) |
| Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #117 Motion to Seal (RGS, law1) |
| Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #115 Motion to Seal (RGS, law1) |
| Filing 115 Assented to MOTION to Seal Exhibits G, L, and M to the Declaration of Aaron R. Feigelson in Support of EveryScape's Motion to Compel Damages Discovery by EveryScape, Inc..(Hua, Leonard) |
| Filing 114 MOTION to Compel Damages Discovery by EveryScape, Inc.. (Attachments: #1 Declaration of Aaron R. Feigelson, #2 Exhibits A-R)(Hua, Leonard) |
| Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #111 Motion to Seal (RGS, law1) |
| Filing 113 DECLARATION re #112 MOTION for Leave to File its Third Amended Answer and Counterclaims by Adobe Systems Incorporated. (Attachments: #1 Exhibit C, #2 Exhibit D, #3 Exhibit E, #4 Exhibit F - FILED UNDER SEAL, #5 Exhibit G, #6 Exhibit H - FILED UNDER SEAL, #7 Exhibit I, #8 Exhibit J - FILED UNDER SEAL, #9 Exhibit K)(Kessel, Adam) |
| Filing 112 MOTION for Leave to File its Third Amended Answer and Counterclaims by Adobe Systems Incorporated.(Kessel, Adam) |
| Filing 111 Assented to MOTION to Seal Adobe Systems Inc.'s Memorandum in Support of its Motion for Leave to File its Third Amended Answer and Counterclaims by Adobe Systems Incorporated.(Kessel, Adam) |
| Filing 110 NOTICE of Appearance by David B. Kuznick on behalf of Adobe Systems Incorporated (Kuznick, David) |
| Filing 109 NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at #http://www.mad.uscourts.gov/attorneys/general-info.htm (Scalfani, Deborah) |
| Filing 108 Transcript of Markman Hearing held on October 31, 2012, before Judge Richard G. Stearns. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: James Gibbons at jmsgibbons@yahoo.com Redaction Request due 1/3/2013. Redacted Transcript Deadline set for 1/14/2013. Release of Transcript Restriction set for 3/13/2013. (Scalfani, Deborah) |
| Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #105 Motion to Seal (RGS, law1) |
| Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #103 Motion to Seal (RGS, law1) |
| Filing 106 AMENDED DOCUMENT by EveryScape, Inc.. Amendment to #50 Preliminary Invalidity and Non-Infringement Contentions, and to 34 Preliminary Invalidity and Non-Infringement Contentions. (Attachments: #1 Exhibit A-1, #2 Exhibit A-2, #3 Exhibit A-3, #4 Exhibit A-4, #5 Exhibit A-5, #6 Exhibit A-6, #7 Exhibit B-1, #8 Exhibit B-2, #9 Exhibit B-3, #10 Exhibit B-4, #11 Exhibit B-5, #12 Exhibit B-6, #13 Exhibit C, #14 Exhibit D)(Hua, Leonard) |
| Filing 105 Assented to MOTION to Seal EveryScape's Final Infringement Contentions and Final Non-Infringement Contentions by EveryScape, Inc..(Hua, Leonard) |
| Filing 104 AMENDED DOCUMENT by Adobe Systems Incorporated. Amendment to #35 Preliminary Invalidity and Non-Infringement Contentions . (Attachments: #1 Appendix 1, #2 Appendix 2, #3 Appendix 3, #4 Appendix 4, #5 Appendix 5, #6 Appendix 6, #7 Appendix 7, #8 Appendix 8, #9 Appendix 9, #10 Appendix 10, #11 Appendix 11, #12 Appendix 12)(Kessel, Adam) |
| Filing 103 Assented to MOTION to Seal Adobe's Second Supplemental and Amended Infringement Contentions by Adobe Systems Incorporated.(Katz, Steven) |
| Filing 102 Judge Richard G. Stearns: ORDER entered on claim construction re #52 Preliminary Claim Construction Briefs,, filed by EveryScape, Inc., #59 Preliminary Claim Construction Briefs filed by Adobe Systems Incorporated, #64 Response filed by EveryScape, Inc., and #65 Response filed by Adobe Systems Incorporated.(RGS, law1) |
| ELECTRONIC Clerk's Notes for proceedings held before Judge Richard G. Stearns: Markman Hearing held on 10/31/2012. The court had taken the matter under advisement. (Court Reporter: James Gibbons at jmsgibbons@yahoo.com.)(Attorneys present: Mueller and Feigelson for plaintiff, Scherkenback, Kessel, and Katz for defendant) (RGS, law1) |
| Filing 101 NOTICE of Withdrawal of Appearance by Samuel E. Sherry (Sherry, Samuel) |
| Filing 100 NOTICE of Appearance by Steven R. Katz on behalf of Adobe Systems Incorporated (Katz, Steven) (Main Document 100 replaced on 10/15/2012) (Flaherty, Elaine). |
| NOTICE Resetting a Hearing. Markman Hearing RESET for 10/31/2012 at 2:00 PM in Courtroom 21 before Judge Richard G. Stearns. Please Note: CHANGE IN TIME, ONLY.(Seelye, Terri) |
| Filing 99 JOINT STATEMENT re scheduling conference (per D.I. 90). (Feigelson, Aaron) |
| Judge Richard G. Stearns: ELECTRONIC ORDER entered. adopting in part #99 JOINT STATEMENT re scheduling conference. The parties have until 30 days after the court's issuance of a claim construction order to finally amend invalidity, infringement, and non-infringement disclosures; and 7 days thereafter to disclose any intent to rely on advice of counsel and produce related documents. Fact discovery closes the latter of January 28, 2013, or 15 days after the disclosure deadline. Opening expert reports are due February 18, 2013. Rebuttal expert reports are due March 11, 2013. Expert discovery closes on April 12, 2013. Summary judgment motions are due May 2, 2013 but may be filed earlier, with 21 days for oppositions, and 14 days for replies. The court will schedule a trial thereafter, if necessary, at its convenience.(RGS, law1) Modified date on 10/4/2012 (Seelye, Terri). |
| Filing 98 SEALED Affidavit of Aaron Feigelson in Support of Everyscape, Inc.'s Reply Brief in support of Motion for a Protective Order, FILED UNDER SEAL. (Flaherty, Elaine) |
| Filing 97 Everyscape, Inc.'s Reply Brief in Support of Motion for a Protective Order, FILED UNDER SEAL. (Flaherty, Elaine) |
| Judge Richard G. Stearns: ELECTRONIC ORDER entered denying #72 Motion to Compel; granting #79 Motion for Protective Order. Adobe does not contest that BSA was its agent, had authority to settle software piracy claims on its behalf, and that the release BSA negotiated and executed with EveryScape was within its granted authority. Therefore, the release agreement is binding on Adobe as BSA's principal despite the unintended impact on this litigation. Although a party may not ordinarily refuse to produce discovery on the basis of the strength of its affirmative defenses, here, the release is attributable to Adobe and therefore dispositive of its claims and closes the avenue for continued litigation on the released claims. (RGS, law1) |
| Filing 96 Assented to MOTION to Seal Document Reply Brief in Support of Motion for Protective Order, and Exhibits Thereto by EveryScape, Inc..(Feigelson, Aaron) |
| Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #96 Motion to Seal Document (RGS, law1) |
| Filing 95 SEALED Exhibit 15 to Declaration of Samuel E. Sherry in Opposition to Everyscape's Motion for Protective Order, FILED UNDER SEAL. (Flaherty, Elaine) |
| Filing 94 SEALED Declaration of Samuel E. Sherry in Opposition to Everyscape's Motion for Protective Order, FILED UNDER SEAL. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit)(Flaherty, Elaine) |
| Filing 93 Adobe's Opposition to Everyscape's Motion for Protective Order, FILED UNDER SEAL. (Flaherty, Elaine) |
| Filing 92 Assented to MOTION for Leave to File Reply Brief in Support of EveryScape's Motion for Protective Order (D.I. 79) by EveryScape, Inc.. (Attachments: #1 Proposed Order)(Feigelson, Aaron) |
| Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #92 Motion for Leave to File Document ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (RGS, law1) |
| Filing 91 MOTION to Seal Document and Exhibits by Adobe Systems Incorporated.(Sherry, Samuel) |
| Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #91 Motion to Seal Document (RGS, law1) |
| Filing 90 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #89 Motion to Continue. Markman Hearing RESET for 10/31/2012 at 10:00 AM in Courtroom 21 before Judge Richard G. Stearns. FURTHER, the court will not entertain further requests for continuations. The parties are to submit a joint scheduling statement for the remainder for the case on or before 9/19/12. (Seelye, Terri) |
| Filing 89 MOTION to Continue Claim Construction Hearing to 10/31/12 (Expedited Consideration Requested) by Adobe Systems Incorporated. (Attachments: #1 Exhibit 1)(Kessel, Adam) |
| Filing 88 SEALED Exhibit B in support of Everyscape's Motion to Compel designation of confidentiality, FILED UNDER SEAL. (Attachments: #1 Part Two)(Flaherty, Elaine) |
| Judge Richard G. Stearns: ELECTRONIC ORDER entered denying #76 Motion to Compel Dedesignation of Confidentiality. The court is satisfied with Adobe's showing that the documents in question are proprietary in nature. EveryScape has not demonstrated that it cannot effectively prosecute this case without less restrictive access to these documents. (RGS, law1) |
| Filing 87 ELECTRONIC NOTICE of Hearing.Claim Construction Hearing set for 9/26/2012 at 10:00 AM in Courtroom 21 before Judge Richard G. Stearns. FURTHER, parties are to submit a joint scheduling statement for the remainder for the case on or before 9/19/12. (Seelye, Terri) |
| Filing 86 SEALED Exhibits A and C in support of Everyscape's Motion to Compel de-designation of confidentiality, FILED UNDER SEAL. (Attachments: #1 Exhibit)(Flaherty, Elaine) |
| Filing 85 SEALED EveryScape's Memorandum in Opposition to Motion to Compel and in Support of Motion for Protective Order, FILED UNDER SEAL. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Affidavit of Hua)(Flaherty, Elaine) |
| Filing 84 Amended RESPONSE to Motion re #76 MOTION to Compel De-Designation of Confidentiality by Adobe filed by Adobe Systems Incorporated. (Attachments: #1 Proposed Order)(Kessel, Adam) |
| Filing 83 DECLARATION re #81 Response to Motion to Compel by Everyscape re De-Designation of Confidentiality by Adobe by Adobe Systems Incorporated. (Kessel, Adam) |
| Filing 82 DECLARATION re #81 Response to Motion to Compel by Everyscape re De-Designation of Confidentiality by Adobe by Adobe Systems Incorporated. (Kessel, Adam) |
| Filing 81 RESPONSE to Motion re #76 MOTION to Compel De-Designation of Confidentiality by Adobe filed by Adobe Systems Incorporated. (Attachments: #1 Text of Proposed Order)(Kessel, Adam) |
| Filing 80 Assented to MOTION to Seal Document (Memorandum in Opposition to Motion to Compel and In Support of Motion for Protective Order, and Declaration of Leonard Z. Hua, with Exhibits) by EveryScape, Inc..(Hua, Leonard) |
| Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #80 Motion to Seal Document (RGS, law1) |
| Filing 79 MOTION for Protective Order by EveryScape, Inc..(Hua, Leonard) |
| Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #78 Motion to Seal exhibits to declaration of A. Feigelson (Flaherty, Elaine) |
| Filing 78 Joint MOTION to Seal Exhibits A, B and C of the Declaration of Aaron R. Feigelson in Support of EveryScape's Motion to Compel De-Designation (D.I. 76) by EveryScape, Inc..(Feigelson, Aaron) |
| Filing 77 Case reassigned to Judge Richard G. Stearns. Judge Joseph L. Tauro no longer assigned to the case. (Abaid, Kimberly) |
| Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #75 Motion to Seal Document (Flaherty, Elaine) |
| Filing 76 MOTION to Compel De-Designation of Confidentiality by Adobe by EveryScape, Inc.. (Attachments: #1 Declaration of Aaron R. Feigelson in Support of Motion, #2 Exhibits to the Declaration of Aaron R. Feigelson)(Feigelson, Aaron) |
| Filing 75 Joint MOTION to Seal Document #72 MOTION to Compel Discovery Relating to EveryScape's Piracy of Adobe Software, #73 Declaration, by Adobe Systems Incorporated.(Sherry, Samuel) |
| Filing 74 Judge Joseph L. Tauro: ELECTRONIC ORDER entered REASSIGNING CASE. Case reassigned to Judge Richard G. Stearns for all further proceedings. Judge Joseph L. Tauro no longer assigned to case. Counsel are directed to the Court's Standing Orders re: Electronic Case Filing.(Lovett, Zita) |
| Filing 73 DECLARATION re #72 MOTION to Compel Discovery Relating to EveryScape's Piracy of Adobe Software by Adobe Systems Incorporated. (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)(Kessel, Adam) Modified document view on 8/3/2012 pending filing and ruling on Motion to Seal (Geraldino-Karasek, Clarilde). |
| Filing 72 MOTION to Compel Discovery Relating to EveryScape's Piracy of Adobe Software by Adobe Systems Incorporated. (Attachments: #1 Text of Proposed Order)(Kessel, Adam) Modified document view on 8/3/2012 pending filing and ruling on Motion to Seal . (Geraldino-Karasek, Clarilde). |
| Filing 71 REPORT of Alternative Dispute Resolution Provider. (Garvin, Brendan) |
| Filing 70 NOTICE of Hearing. Alternative Dispute Resolution Hearing set for 5/14/2012 10:00 AM in Courtroom 25 before Magistrate Judge Marianne B. Bowler. IT IS ORDERED that all parties and trial counsel are REQUIRED to attend and must have full binding settlement authority, leave of court is required for any exceptions. Confidential mediation briefs are REQUIRED by ALL parties and ALL confidential mediation briefs are to be submitted to the court via facsimile at (617) 204-5833 no later than TWO BUSINESS DAYS prior to the hearing. (Garvin, Brendan) |
| Judge Joseph L. Tauro: ELECTRONIC ORDER entered granting #68 Motion for Modification Amended Pleadings due by 4/6/2012. (Lovett, Zita) |
| Magistrate Judge Robert B. Collings: ELECTRONIC ORDER entered. Counsel having advised the Court that all necessary discovery has been completed and all filings made in connection with a Markman hearing, it is ORDERED that the file be RETURNED to the District Judge with the notation that the "CASE IS READY FOR MARKMAN HEARING." The Clerk shall note on the docket that the case is "no longer referred" to Judge Collings, although it may be again referred if further proceedings are required after the decision following the Markman hearing is entered. |
| Case no longer referred to Magistrate Judge Robert B. Collings although it may be again referred if further proceedings are required after the decision following the Markman hearing is entered. (Russo, Noreen) |
| Filing 69 Joint Claim Construction and Prehearing Statement by EveryScape, Inc.. (Feigelson, Aaron) |
| Filing 68 Joint MOTION to Modify Scheduling Order by EveryScape, Inc..(Feigelson, Aaron) |
| ELECTRONIC NOTICE of assignment to ADR Provider. Magistrate Judge Marianne B. Bowler appointed. The Court will contact counsel with regard to scheduling. (Franklin, Yvonne) |
| Filing 67 Judge Joseph L. Tauro: ORDER entered. REFERRING CASE to Alternative Dispute Resolution.(Geraldino-Karasek, Clarilde) |
| Filing 66 DECLARATION re #65 Response to Claim Construction Brief by Adobe Systems Incorporated. (Attachments: #1 Exhibit 18, #2 Exhibit 19, #3 Exhibit 20, #4 Exhibit 21)(Kessel, Adam) |
| Filing 65 Response by Adobe Systems Incorporated to #52 Preliminary Claim Construction Briefs,, (Leave to File Granted March 20, 2012). (Kessel, Adam) |
| Filing 64 Response by EveryScape, Inc. to #59 Preliminary Claim Construction Briefs (Leave To File Granted March 20, 2012). (Feigelson, Aaron) |
| Magistrate Judge Robert B. Collings: ELECTRONIC ORDER entered granting #61 Motion for Leave to File Document ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document.; granting #62 Motion for Leave to File Document ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Dolan, Kathleen) |
| Filing 63 DECLARATION re #62 Assented to MOTION for Leave to File a Eighteen Page Reply Claim Construction Brief, and for Leave to File a Thirty Page Opening Claim Construction Brief Nunc Pro Tunc by EveryScape, Inc.. (Attachments: #1 Exhibit K, #2 Exhibit L, #3 Exhibit M, #4 Exhibit N, #5 Exhibit O, #6 Exhibit P, #7 Exhibit Q, #8 Exhibit R, #9 Exhibit S, #10 Exhibit T, #11 Exhibit U, #12 Exhibit V, #13 Exhibit W)(Hua, Leonard) |
| Filing 62 Assented to MOTION for Leave to File a Eighteen Page Reply Claim Construction Brief, and for Leave to File a Thirty Page Opening Claim Construction Brief Nunc Pro Tunc by EveryScape, Inc.. (Attachments: #1 Responsive Claim Construction Brief)(Feigelson, Aaron) |
| Filing 61 Assented to MOTION for Leave to File a 24 Page Responsive Claim Construction Brief by Adobe Systems Incorporated. (Attachments: #1 Responsive Claim Construction Brief, #2 Declaration of Samuel E. Sherry in Support, #3 Exhibit 18, #4 Exhibit 19, #5 Exhibit 20, #6 Exhibit 21)(Kessel, Adam) |
| Filing 60 NOTICE of Appearance by Olivia T. Nguyen on behalf of Adobe Systems Incorporated (Nguyen, Olivia) |
| Filing 59 Preliminary Claim Construction Briefs by Adobe Systems Incorporated. (Kessel, Adam) |
| Magistrate Judge Robert B. Collings: ELECTRONIC ORDER entered granting #53 Motion for Leave to File Document ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Dolan, Kathleen) |
| Filing 58 EXHIBIT re #54 Declaration, OF SAMUEL E. SHERRY IN SUPPORT OF DEFENDANT AND COUNTERCLAIM-PLAINTIFF ADOBE SYSTEMS INCORPORATEDS OPENING CLAIM CONSTRUCTION BRIEF by Adobe Systems Incorporated. (Attachments: #1 Exhibit 13, #2 Exhibit 14, #3 Exhibit 15, #4 Exhibit 16, #5 Exhibit 17)(Sherry, Samuel) |
| Filing 57 EXHIBIT re #54 Declaration, OF SAMUEL E. SHERRY IN SUPPORT OF DEFENDANT AND COUNTERCLAIM-PLAINTIFF ADOBE SYSTEMS INCORPORATEDS OPENING CLAIM CONSTRUCTION BRIEF by Adobe Systems Incorporated. (Attachments: #1 Exhibit 10, #2 Exhibit 11, #3 Exhibit 12)(Sherry, Samuel) |
| Filing 56 EXHIBIT re #54 Declaration, OF SAMUEL E. SHERRY IN SUPPORT OF DEFENDANT AND COUNTERCLAIM-PLAINTIFF ADOBE SYSTEMS INCORPORATEDS OPENING CLAIM CONSTRUCTION BRIEF by Adobe Systems Incorporated. (Attachments: #1 Exhibit 4, #2 Exhibit 5, #3 Exhibit 6, #4 Exhibit 7, #5 Exhibit 8, #6 Exhibit 9)(Sherry, Samuel) |
| Filing 55 EXHIBIT re #54 Declaration, OF SAMUEL E. SHERRY IN SUPPORT OF DEFENDANT AND COUNTERCLAIM-PLAINTIFF ADOBE SYSTEMS INCORPORATEDS OPENING CLAIM CONSTRUCTION BRIEF by Adobe Systems Incorporated. (Attachments: #1 Exhibit 3)(Sherry, Samuel) |
| Filing 54 DECLARATION re #53 MOTION for Leave to File ASSENTED-TO MOTION FOR LEAVE TO FILE A TWENTY-FOUR PAGE OPENING CLAIM CONSTRUCTION BRIEF by Adobe Systems Incorporated. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Sherry, Samuel) |
| Filing 53 MOTION for Leave to File ASSENTED-TO MOTION FOR LEAVE TO FILE A TWENTY-FOUR PAGE OPENING CLAIM CONSTRUCTION BRIEF by Adobe Systems Incorporated. (Attachments: #1 Opening Claim Construction Brief)(Sherry, Samuel) (Main Document 53 replaced on 3/5/2012 to include counsel's signature ) (Geraldino-Karasek, Clarilde). |
| Filing 52 Preliminary Claim Construction Briefs by EveryScape, Inc.. (Attachments: #1 Exhibit A - U.S. Patent No. 7,327,374, #2 Exhibit B - U.S. Patent No. 7,593,022, #3 Exhibit C- Excerpt from Prosecution History, #4 Exhibit D - Excerpt from Prosecution History, #5 Exhibit E - U.S. Patent No. 6,411,742, #6 Exhibit F - U.S. Patent No. 7,095,905, #7 Exhibit G - U.S. Patent No. 5,986,668, #8 Exhibit H - Webster.com, #9 Exhibit I - Dictionary.com, #10 Exhibit J - Excerpt from Prosecution History)(Feigelson, Aaron) |
| Filing 50 SECOND Preliminary Invalidity and Non-Infringement Contentions by EveryScape, Inc.. (Feigelson, Aaron) (Main Document 50 replaced on 1/24/2012 to describe attachments properly )(Additional attachment added on 1/24/2012: #1 Exhibit A ) (Geraldino-Karasek, Clarilde). |
| Filing 49 Assented to MOTION to Seal Second Disclosure of Preliminary Infringement Contentions by EveryScape, Inc..(Feigelson, Aaron) |
| Magistrate Judge Robert B. Collings: ELECTRONIC ORDER entered granting #49 Motion to Seal. The document may be filed under seal. |
| Filing 48 Assented to MOTION to Modify Scheduling Order by EveryScape, Inc..(Feigelson, Aaron) |
| Magistrate Judge Robert B. Collings: ELECTRONIC ORDER entered granting #48 Motion for Modification of Scheduling Order. (Dolan, Kathleen) |
| Magistrate Judge Robert B. Collings: ELECTRONIC ORDER entered granting #46 Motion to Impound Second Preliminary Infringement Contentions. (Dolan, Kathleen) |
| Filing 46 MOTION to Seal Document Second Preliminary Infringement Contentions by Adobe Systems Incorporated.(Kessel, Adam) |
| Filing 45 ANSWER to Counterclaim (Reply, Answer & Affirmative Defenses to Second Amended Counterclaims) by EveryScape, Inc..(Feigelson, Aaron) |
| Filing 44 AMENDED ANSWER to #1 Complaint, Affirmative Defenses and, COUNTERCLAIM (Leave to File Granted on October 17, 2011) against EveryScape, Inc. by Adobe Systems Incorporated. (Kessel, Adam) |
| Magistrate Judge Robert B. Collings: ELECTRONIC ORDER entered granting #42 Motion for Leave to File Document ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document.; granting #43 Motion for Modification. |
| Filing 43 Joint MOTION to Modify Scheduling Order and Discovery Limits by Adobe Systems Incorporated, EveryScape, Inc..(Kessel, Adam) |
| Filing 42 MOTION for Leave to File (UNOPPOSED) 2nd Amended Answer, Affirmative Defenses and Counterclaims by Adobe Systems Incorporated. (Attachments: #1 2nd Amended Answer, Affirmative Defenses and Counterclaims)(Kessel, Adam) |
| Magistrate Judge Robert B. Collings: ENDORSED ORDER entered granting #41 Motion for Extension of Time for EveryScape, Inc. to respond to Amended Answer and Counterclaim by 10/11/2011. (Dolan, Kathleen) |
| Filing 41 Joint MOTION for Extension of Time to 10/10/2011 to File Answer re #38 Answer to Complaint, Counterclaim (Second Joint Motion) by EveryScape, Inc..(Feigelson, Aaron) |
| Filing 40 Joint MOTION for Extension of Time to 10/3/2011 to File Answer re #38 Answer to Complaint, Counterclaim by EveryScape, Inc..(Feigelson, Aaron) |
| Magistrate Judge Robert B. Collings: ELECTRONIC ORDER entered granting #40 Motion for Extension of Time for Plaintiff, EveryScape, Inc. to Respond to Adobe's Amended Answer; Response due 10/3/2011. (Dolan, Kathleen) |
| Magistrate Judge Robert B. Collings: ELECTRONIC ORDER entered granting #39 Motion for Leave to Appear Pro Hac Vice Added Ian Feinberg. Attorneys admitted Pro Hac Vice must register for electronic filing. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Dolan, Kathleen) |
| Filing 39 MOTION for Leave to Appear Pro Hac Vice for admission of Ian Feinberg Filing fee: $ 50, receipt number 0101-3585243 by Adobe Systems Incorporated. (Attachments: #1 Affidavit Declaration of Ian Feinberg)(Kessel, Adam) |
| Filing 38 Amended ANSWER to #1 Complaint, with Jury Demand, Amended COUNTERCLAIM against EveryScape, Inc. by Adobe Systems Incorporated. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Kessel, Adam) |
| Magistrate Judge Robert B. Collings: ELECTRONIC ORDER entered granting #33 Motion for Leave to Appear Pro Hac Vice Added Betty H. Chen. Attorneys admitted Pro Hac Vice must register for electronic filing. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Dolan, Kathleen) |
| Magistrate Judge Robert B. Collings: ELECTRONIC ORDER entered granting #32 Motion to Seal Document. (Dolan, Kathleen) |
| ELECTRONIC NOTICE issued requesting courtesy copy of DOCKET NO. 35. Counsel who filed this document are requested to submit a courtesy copy of this document (or documents) to the Clerk's Office as soon as possible. These documents must be clearly marked as a Courtesy Copy for Magistrate Judge Robert B. Collings and reflect the document number assigned by CM/ECF. (Dolan, Kathleen) |
| Filing 35 Preliminary Invalidity and Non-Infringement Contentions by Adobe Systems Incorporated. (Attachments: #1 Appendix, #2 Appendix, #3 Appendix, #4 Appendix, #5 Appendix, #6 Appendix)(Kessel, Adam) |
| Filing 33 Assented to MOTION for Leave to Appear Pro Hac Vice for admission of Betty H. Chen Filing fee: $ 50, receipt number 0101-3542706 by Adobe Systems Incorporated. (Attachments: #1 Declaration of Betty H Chen)(Kessel, Adam) |
| Filing 32 Assented to MOTION to Seal Document Preliminary NonInfringement Contentions by EveryScape, Inc..(Feigelson, Aaron) |
| Filing 31 Magistrate Judge Robert B. Collings: AGREED PROTECTIVE ORDER ENTERED.(Dolan, Kathleen) |
| Magistrate Judge Robert B. Collings: ELECTRONIC ORDER entered granting #29 Motion for Protective Order. The parties agree that a protective order needs to be entered and have largely agreed on its terms. The sole dispute is whether counsel should be barred from participating in any reexamination proceedings. Specifically, plaintiff proposes that the prosecution bar not apply to representation of a patentee in reexaminations of the patent-in-suit initiated by a litigants accused of infringing that patent. The Court agrees with the plaintiff's proposal which represents the view of the majority of the cases on the subject, Crystal Image Technology, Inc. v. Mitsubishi Electric Corp., 2009 WL 1035017, *2 (W.D. Pa., Apr. 17, 2009), and shall follow those decisions in which courts have declined to extend the prosecution bar to reexamination proceedings in these circumstances. See Vasudevan Software, Inc. v. International Business Machines, Corp., 2010 WL 3629830, ** 3-4 (N.D. Cal., Sept. 4, 2010), Xerox Corp. v. Google, Inc., 270 F.R.D. 182, 184-5 (D. Del., 2010); Document Generation Corp. v. Allscripts, LLC., 2009 WL 1766096, ** 2-3 (E.D. Tex., June 23, 2009); Kenexa Brassring, Inc. v. Taleo Corp., 2009 WL 393782, *2 (D. Del., Feb. 18, 2009); Pall Corp. v. Entegris, Inc., 655 F. Supp.2d 169, 173-177 (E.D.N.Y., 2008). The Court shall therefore enter the plaintiff's version of the Protective Order. |
| ELECTRONIC Clerk's Notes for proceedings held before Magistrate Judge Robert B. Collings: Motion Hearing held on 8/11/2011 re #29 Joint MOTION for Protective Order and for Resolution of Prosecution Bar Dispute filed by Adobe Systems Incorporated. After hearing, taken under advisement. Courto allow #28 motion. (Digital Recording:12:46-13:06.)(Attorneys present: Airan, Kessel, Sherry). |
| Magistrate Judge Robert B. Collings: ELECTRONIC ORDER entered granting #28 Motion to Seal Document. |
| ELECTRONIC NOTICE Setting Hearing on Motion #29 Joint MOTION for Protective Order and for Resolution of Prosecution Bar Dispute : Motion Hearing set for 8/11/2011 at 12:45 PM in Courtroom 23 before Magistrate Judge Robert B. Collings. (Dolan, Kathleen) |
| Filing 29 Joint MOTION for Protective Order and for Resolution of Prosecution Bar Dispute by Adobe Systems Incorporated. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Kessel, Adam) |
| Filing 28 Joint MOTION to Seal Document Preliminary Infringement Disclosures by Adobe Systems Incorporated.(Kessel, Adam) |
| Magistrate Judge Robert B. Collings: ENDORSED ORDER entered granting #27 Motion for Leave to Appear Pro Hac Vice Added Leonard Z. Hua. Attorneys admitted Pro Hac Vice must register for electronic filing. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Dolan, Kathleen) |
| Magistrate Judge Robert B. Collings: ELECTRONIC ORDER entered granting #26 Motion for Extension of Time. |
| Filing 27 MOTION for Leave to Appear Pro Hac Vice for admission of Leonard Z. Hua Filing fee: $ 50, receipt number 0101-3443399 by EveryScape, Inc.. (Attachments: #1 Affidavit of Leonard Z. Hua)(Feigelson, Aaron) |
| Filing 26 Joint MOTION for Extension of Time to June 24, 2011 to Serve Preliminary Infringement Contentions by Adobe Systems Incorporated, EveryScape, Inc..(Kessel, Adam) |
| Filing 25 NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, a copy of which is attached to this entry.. (Scalfani, Deborah) |
| Filing 24 Transcript of Initial Scheduling Conference held on April 15, 2011, before Magistrate Judge Robert B. Collings. The Transcript may be purchased through Karen Aveyeard at 978-466-9383, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: None. Digital Recording transcribed by Karen Aveyard Redaction Request due 5/31/2011. Redacted Transcript Deadline set for 6/10/2011. Release of Transcript Restriction set for 8/8/2011. (Scalfani, Deborah) |
| Filing 23 CERTIFICATION pursuant to Local Rule 16.1 (D)(3). (Kessel, Adam) |
| Filing 22 ANSWER to Counterclaim by EveryScape, Inc..(Feigelson, Aaron) |
| Set Patent Deadlines: Preliminary Disclosure of the Claims Infringed due by 6/15/2011, Reply to Claim Construction Brief due by 12/7/2011, Joint Claim Construction and Prehearing Statement due by 12/22/2011. Set Scheduling Order Deadlines: Amended Pleadings due by 9/1/2011. (Geraldino-Karasek, Clarilde)Preliminary Disclosure of the Claims Infringed Deadline Modified on 5/11/2011 in accordance with Magistrate Judge Robert B. Collings' Scheduling Order of 4/15/2011. (Geraldino-Karasek, Clarilde). |
| ELECTRONIC Clerk's Notes for proceedings held before Magistrate Judge Robert B. Collings: Initial Scheduling Conference held on April 15, 2011. Initial Scheduling Order: Automatic Disclosures are to be completed on or before cob on May 6, 2011; discovery in the form of requests for production of documents relevant to preliminary disclosure of infringement contentions shall be served on or before cob May 11, 2011; the time for response to these requests for production of documents is shortened to cob on June 1, 2011; all other discovery may commence on May 16, 2011; patentees shall file their disclosure of preliminary infringement contentions on or before the close of business on June 15, 2011; accused infringers shall file their preliminary invalidity and non-infrinement contentions or or before the close of business on August 15, 2011; simultaneous exchange of preliminary claims construction briefs shall occur on or before cob on November 21, 2011; simultaneous exhange of reply briefs shall occur on or before the close of business on December 7, 2011; the joint claim construction and prehearing statement shall be filed on or before cob on December 22, 2011. The case shall be ready for a Markman hearing on or after January 3, 2012. The deadline to amend pleadings is the cob on September 1, 2011 except that the deadline to amend pleadings as to defenses or counterclaims relating to inequitable conduct is the close of business on December 7, 2011. The parties may take 10 depositions each including 30(b)(6) depositions but excluding expert depositions and depositions pursuant to subpoenas duces tecum where only production of documents are sought but no testimony is sought. The Court shall schedule a further conference after the District Judge renders his decision on after the Markman hearing.(Digital Recording: 11:30-11:53)(Attorneys present: Mueller, Airan, Scherkenbach, Kessel, Sherry) Deadline to amend pleadings modified on 4/28/2011. |
| Filing 21 CERTIFICATION pursuant to Local Rule 16.1 for Plaintiff/Counterdefendant EveryScape, Inc.. (Feigelson, Aaron) |
| Filing 20 JOINT STATEMENT re scheduling conference Pursuant to Local Rules 16.1(d) and 16.6. (Attachments: #1 Text of Proposed Order)(Feigelson, Aaron) |
| Filing 19 NOTICE of Appearance by Samuel E. Sherry on behalf of Adobe Systems Incorporated (Sherry, Samuel) |
| Filing 18 NOTICE of Appearance by Frank E. Scherkenbach on behalf of Adobe Systems Incorporated (Scherkenbach, Frank) |
| Magistrate Judge Robert B. Collings: ELECTRONIC ORDER entered granting #17 Motion for Extension of Time to Answer Defendant/Counterclaimant's counterclaims. EveryScape, Inc.'s answer due by 4/22/2011. (Dolan, Kathleen) |
| Filing 17 Assented to MOTION for Extension of Time to April 22, 2011 to File Answer re #14 Answer to Complaint, Counterclaim by EveryScape, Inc.. (Attachments: #1 Proposed Order)(Feigelson, Aaron) |
| Filing 16 NOTICE of Scheduling Conference set for 4/15/2011 at 11:30 AM in Courtroom 23 before Magistrate Judge Robert B. Collings. (Dolan, Kathleen) |
| Filing 15 Judge Joseph L. Tauro: ORDER entered. REFERRING CASE to Magistrate Judge Robert B. Collings Referred for: Full Pretrial, Case Management, and Report and Recommendation on Dispositive Motions.(Geraldino-Karasek, Clarilde) |
| Filing 14 ANSWER to #1 Complaint, with Jury Demand, COUNTERCLAIM against EveryScape, Inc. by Adobe Systems Incorporated.(Kessel, Adam) |
| Judge Joseph L. Tauro: ELECTRONIC ORDER entered ALLOWED #10 Motion for Extension of Time to Answer re #1 Complaint, Adobe Systems Incorporated Answer due 3/2/2011. (Geraldino-Karasek, Clarilde) |
| Judge Joseph L. Tauro: ELECTRONIC ORDER entered ALLOWED #8 Motion for Leave to Appear Pro Hac Vice Added David M. Airan. Attorneys admitted Pro Hac Vice must register for electronic filing. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Geraldino-Karasek, Clarilde) |
| Filing 13 CORPORATE DISCLOSURE STATEMENT by Adobe Systems Incorporated. (Kessel, Adam) |
| Filing 12 NOTICE of Reassignment. Judge Joseph L. Tauro added. Magistrate Judge Robert B. Collings no longer assigned to case. (Paine, Matthew) |
| Filing 11 Refusal to Consent to Proceed Before a US Magistrate Judge.. (Feigelson, Aaron) |
| Filing 10 Assented to MOTION for Extension of Time to March 2, 2011 to File Answer re #1 Complaint, by Adobe Systems Incorporated. (Attachments: #1 Proposed Order)(Kessel, Adam) |
| Filing 9 AFFIDAVIT OF SERVICE Executed by EveryScape, Inc.. Adobe Systems Incorporated served on 1/12/2011, answer due 2/2/2011. Acknowledgement filed by EveryScape, Inc.. (Feigelson, Aaron) |
| Filing 8 MOTION for Leave to Appear Pro Hac Vice for admission of David M. Airan Filing fee: $ 50, receipt number 0101-3227782 by EveryScape, Inc.. (Attachments: #1 Affidavit of David M. Airan)(Feigelson, Aaron) |
| Magistrate Judge Robert B. Collings: ELECTRONIC ORDER entered granting #7 Motion for Leave to Appear Pro Hac Vice Added John W. Kozak. Attorneys admitted Pro Hac Vice must register for electronic filing. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Dolan, Kathleen) |
| Filing 7 MOTION for Leave to Appear Pro Hac Vice for admission of John W. Kozak Filing fee: $ 50, receipt number 0101-3103291 by EveryScape, Inc.. (Attachments: #1 Affidavit of John W. Kozak)(Feigelson, Aaron) |
| Magistrate Judge Robert B. Collings: ELECTRONIC ORDER entered granting #6 Motion for Leave to Appear Pro Hac Vice. Added Wesley O. Mueller. Attorneys admitted Pro Hac Vice must register for electronic filing. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Dolan, Kathleen) |
| Filing 6 MOTION for Leave to Appear Pro Hac Vice for admission of Wesley O. Mueller Filing fee: $ 50, receipt number 0101-3076464 by EveryScape, Inc.. (Attachments: #1 Affidavit of Wesley O. Mueller)(Feigelson, Aaron) |
| Filing 5 REPORT on the Filing of a Patent Case. |
| Filing 4 Summons Issued as to Adobe Systems Incorporated. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Patch, Christine) |
| Filing 3 ELECTRONIC NOTICE of Case Assignment. Magistrate Judge Robert B. Collings assigned to case. Plaintiff's counsel, or defendant's counsel if this case was initiated by the filing of a Notice of Removal, are directed to the attached General Order and Notice regarding Consent to Proceed before the Magistrate Judge. These documents will be mailed to counsel not receiving notice electronically. (Attachments: #1 MJ Procedures)(Patch, Christine) |
| Filing 2 CORPORATE DISCLOSURE STATEMENT by EveryScape, Inc.. (Feigelson, Aaron) |
| Filing 1 COMPLAINT against Adobe Systems Incorporated Filing fee: $ 350, receipt number 0101-3073030 (Fee Status: Filing Fee paid), filed by EveryScape, Inc.. (Attachments: #1 Exhibit A - U.S. Patent No. 7,327,374, #2 Exhibit B - U.S. Patent No. 7,593,022, #3 Civil Cover Sheet, #4 Category Form, #5 AO120 Report on the Filing or Determination of an Action Regarding a Patent or Trademark)(Feigelson, Aaron) |
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