DataTern, Inc. v. MicroStrategy, Inc.
| DataTern, Inc. |
| MicroStrategy, Inc. |
| Magic Software Entertainment, Ltd., Informatica Corporation, Airlines Reporting Corporation, Epicor Software Corporation, Magic Software Entertainment, Inc., Carl Warren & Co., Inc., Lancet Software Develpment, Inc., TERADATA CORPORATION and Premier, Inc. |
| 1:2011cv12220 |
| December 14, 2011 |
| US District Court for the District of Massachusetts |
| Boston Office |
| Suffolk |
| F Dennis Saylor |
| Patent |
| 28 U.S.C. § 1338 |
| Both |
Docket Report
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This docket was last retrieved on June 11, 2019. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 168 Judge F. Dennis Saylor, IV: ORDER entered. ORDER OF DISMISSAL UNDER FED.R.CIV.P. 41(A)(2) AND RETAINER OF JURISDITION TO ENFORCE SETTLEMENT AGREEMENT. Associated Cases: 1:11-cv-11970-FDS et al.(Pezzarossi, Lisa) |
| Filing 167 Judge F. Dennis Saylor, IV: ELECTRONIC ORDER entered granting (361) Joint MOTION for Extension of Time to May 17, 2019 to Consummate Settlement. Associated Cases: 1:11-cv-11970-FDS, 1:11-cv-12220-FDS(Pezzarossi, Lisa) |
| Judge F. Dennis Saylor, IV: ORDER entered. Magic Software Entertainment, Ltd., Magic Software Entertainment, Ltd., Magic Software Entertainment, Inc. and Magic Software Entertainment, Inc. terminated. At hearing held on 02/13/2015 with the assent of the parties the Court defendants were dismissed. Associated Cases: 1:11-cv-11970-FDS, 1:11-cv-12220-FDS(Pezzarossi, Lisa) |
| Filing 166 Judge F. Dennis Saylor, IV: ORDER entered. 30 DAY SETTLEMENT ORDER OF DISMISSAL (Halley, Taylor) |
| Filing 165 Judge F. Dennis Saylor, IV: MEMORANDUM AND ORDER entered granting in part and denying in part #155 Motion for Attorney Fees; granting in part and denying in part 159 Motion for Attorney Fees; granting in part and denying in part 161 Motion for Attorney Fees (Halley, Taylor) |
| Filing 156 AFFIDAVIT in Support re #155 MOTION for Attorney Fees Carl Warren & Co., Inc.'s Application for Attorneys' Fees filed by Carl Warren & Co., Inc.. (Voke, Brian) |
| Filing 155 MOTION for Attorney Fees Carl Warren & Co., Inc.'s Application for Attorneys' Fees by Carl Warren & Co., Inc..(Voke, Brian) |
| Filing 154 Judge F. Dennis Saylor, IV: ORDER entered. Order on Defendants' Motions for an Exceptional Case Determination and Attorneys' Fees, Associated Cases: 1:11-cv-11970-FDS, 1:11-cv-12220-FDS(Pezzarossi, Lisa) |
| Filing 153 NOTICE of Withdrawal of Appearance by Kent W. McKinley on Behalf of Carl Warren and Company Incorporated (McKinley, Kent) |
| Filing 150 NOTICE by Epicor Software Corporation re #143 Memorandum in Support of Motion, #144 Affidavit in Support, #142 MOTION for Attorney Fees (Younkin, Jeremy) |
| Filing 145 MOTION for Attorney Fees by Lancet Software Develpment, Inc.. (Attachments: #1 Declaration of Keiko L. Sugisaka in Support of Lancet Software Development, Inc.'s Motion for Exceptional Case Determination and Attorneys' Fees)(Sugisaka, Keiko) |
| Filing 144 AFFIDAVIT in Support re #142 MOTION for Attorney Fees Declaration of Stephen R. Buckingham. (Younkin, Jeremy) |
| Filing 143 MEMORANDUM in Support re #142 MOTION for Attorney Fees filed by Epicor Software Corporation. (Younkin, Jeremy) |
| Filing 142 MOTION for Attorney Fees by Epicor Software Corporation.(Younkin, Jeremy) |
| Filing 141 MOTION for Attorney Fees Motion for an Exceptional Case Determination and Attorneys' Fees under 35 U.S.C. Section 285 by Carl Warren & Co., Inc.. (Attachments: #1 Declaration of Kent McKinley, #2 Affidavit of Stephanie Mahoney)(McKinley, Kent) |
| Filing 140 DECLARATION re #139 MOTION for Attorney Fees and an Exceptional Case Determination (Re: Omission of LR 7.1 Certificate) by Premier, Inc.. (Leno, Matthew) |
| Filing 139 MOTION for Attorney Fees and an Exceptional Case Determination by Premier, Inc..(Leno, Matthew) |
| Filing 138 Judge F. Dennis Saylor, IV: ORDER entered. Order Dismissing Cases with Prejudice. Associated Cases: 1:11-cv-11970-FDS et al.(Pezzarossi, Lisa) |
| Filing 137 Electronic Clerk's Notes for proceedings held before Judge F. Dennis Saylor, IV: Markman Hearing held on 9/27/2016. Parties proposed deadline for filings on 10/18/2016. Continued hearing argument on claim constructions. Colloquy re: disputed documents. Court took matter UNDER ADVISEMENT. (Court Reporter: Valerie OHara at vaohara@gmail.com.) Associated Cases: 1:11-cv-11970-FDS, 1:11-cv-12220-FDS(Pezzarossi, Lisa) |
| Filing 136 ELECTRONIC NOTICE of Hearing. Markman Hearing set for 9/27/2016 at 3:00 PM in Courtroom 2 before Judge F. Dennis Saylor IV. Associated Cases: 1:11-cv-11970-FDS, 1:11-cv-12220-FDS(Pezzarossi, Lisa) |
| Filing 135 Electronic Clerk's Notes for proceedings held before Judge F. Dennis Saylor, IV: Markman Hearing held on 9/26/2016. Case called. Court heard argument on claim constructions. Court continued the hearing for 9/27/2016 at 3:00 p.m. Notice of hearing to follow. (Court Reporter: Valerie OHara at vaohara@gmail.com.)(Attorneys present: Belt, Freeman, Zucker, Proctor, Mukherji, Kessel, Smith) Associated Cases: 1:11-cv-11970-FDS, 1:11-cv-12220-FDS(Pezzarossi, Lisa) |
| Filing 134 Electronic Clerk's Notes for proceedings held before Judge F. Dennis Saylor, IV: Status Conference held on 9/7/2016. Case called. Report on status. Colloquy re: motion to strike and upcoming Markman hearing set for 9/26/2016. (Court Reporter: Valerie OHara at vaohara@gmail.com.)(Attorneys present: Various) Associated Cases: 1:11-cv-11970-FDS, 1:11-cv-12220-FDS(Pezzarossi, Lisa) |
| Filing 133 Electronic Clerk's Notes for proceedings held before Judge F. Dennis Saylor, IV: Status Conference held on 7/7/2016. Case called. Parties reported on status. Court had colloquy re: upcoming Markman hearing. Court confirmed upcoming status set for 9/7/2016 at 2:30 PM. (Court Reporter: Valerie OHara at vaohara@gmail.com.)(Attorneys present: Belt, Proctor, Kessel, Sebel, (various on the phone)) Associated Cases: 1:11-cv-11970-FDS, 1:11-cv-12220-FDS(Pezzarossi, Lisa) |
| Filing 132 Judge F. Dennis Saylor, IV: ORDER RE: ESI entered. Associated Cases: 1:11-cv-11970-FDS, 1:11-cv-12220-FDS(Pezzarossi, Lisa) |
| Filing 131 Judge F. Dennis Saylor, IV: ORDER entered. AGREED PROTECTIVE ORDER. Associated Cases: 1:11-cv-11970-FDS, 1:11-cv-12220-FDS(Pezzarossi, Lisa) |
| Filing 130 JOINT STATEMENT of counsel Joint Proposal of Protective Order and Discovery Order. (Attachments: #1 Exhibit Proposed Protective Order, #2 Exhibit Proposed e-discovery Order)(Belt, Erik) |
| Filing 129 ELECTRONIC NOTICE of Hearings: Markman Hearing set for 9/26/2016 at 2:00 PM in Courtroom 2 before Judge F. Dennis Saylor IV. Status Conference set for 7/7/2016 at 2:10 PM in Courtroom 2 before Judge F. Dennis Saylor IV. Status Conference set for 9/7/2016 at 2:30 PM in Courtroom 2 before Judge F. Dennis Saylor IV. Associated Cases: 1:11-cv-11970-FDS, 1:11-cv-12220-FDS(Pezzarossi, Lisa) |
| Filing 128 Electronic Clerk's Notes for proceedings held before Judge F. Dennis Saylor, IV: Scheduling Conference held on 4/8/2016. Case called. Court reviewed the proposed deadlines in the #114 Joint Proposed Case Management Schedule. Court ADOPTED proposed schedule. Court set Markman Hearing for 9/26/2016 at 2:00 p.m. Further Status Conferences also set for 7/7/2016 at 2:10 p.m. and 9/7/2016 at 2:30 PM. (Court Reporter: Valerie OHara at vaohara@gmail.com.)(Attorneys present: Various) Associated Cases: 1:11-cv-11970-FDS, 1:11-cv-12220-FDS(Pezzarossi, Lisa) |
| Filing 127 NOTICE OF HEARING: Scheduling Conference set for 4/8/2016 at 9:00 AM in Courtroom 2 before Judge F. Dennis Saylor IV. Associated Cases: 1:11-cv-11970-FDS, 1:11-cv-12220-FDS(Pezzarossi, Lisa) |
| Filing 126 Electronic Clerk's Notes for proceedings held before Judge F. Dennis Saylor, IV: Status Conference held on 3/21/2016. Case called. Parties will propose a case management schedule. Court set matter for scheduling conference on 4/8/2016 at 9:00 a.m. (Court Reporter: Valerie OHara at vaohara@gmail.com.)(Attorneys present: Various) Associated Cases: 1:11-cv-11970-FDS, 1:11-cv-12220-FDS(Pezzarossi, Lisa) Modified on 4/6/2016 to correct typo(Pezzarossi, Lisa). |
| Filing 125 ELECTRONIC NOTICE of Hearing. Status Conference set for 3/21/2016 at 10:00 AM in Courtroom 2 before Judge F. Dennis Saylor IV. Associated Cases: 1:11-cv-11970-FDS, 1:11-cv-12220-FDS(Pezzarossi, Lisa) |
| Filing 124 Judge F. Dennis Saylor, IV: ORDER entered. Memorandum and Order on Defendant's Motion to Require Plaintiff to Post a Bond. Associated Cases: 1:11-cv-11970-FDS, 1:11-cv-12220-FDS(Pezzarossi, Lisa) |
| Filing 123 Judge F. Dennis Saylor, IV: ORDER entered denying (49) Motion for Summary Judgment; denying (53) Motion for Summary Judgment in case 1:11-cv-11970-FDS. Associated Cases: 1:11-cv-11970-FDS, 1:11-cv-12220-FDS. (FDS, law3). |
| Filing 122 NOTICE of Appearance by Proshanto Mukherji on behalf of MicroStrategy, Inc. (Mukherji, Proshanto) |
| Filing 121 ELECTRONIC Clerk's Notes for proceedings held before Judge F. Dennis Saylor, IV: Motion Hearing held on 5/13/2015 re (53 in 1:11-cv-11970-FDS) MOTION for Summary Judgment of Non-Infringement filed by MicroStrategy, Inc., (49 in 1:11-cv-11970-FDS) MOTION for Summary Judgment of Invalidity for Unpatentable Subject Matter filed by MicroStrategy, Inc. Case called. Court heard argument on the motions. The Court took the matter under advisement. (Court Reporter: Valerie OHara at vaohara@gmail.com.)(Attorneys present: Belt, Tindell, Bromberg, Zucker, Kessel, Mukherji, Thompson, Brown, Smith and by telephone: Sugisaka Leno, Pearlson) Associated Cases: 1:11-cv-11970-FDS, 1:11-cv-12220-FDS(Pezzarossi, Lisa) |
| Filing 120 ***NEW DATE*** ELECTRONIC NOTICE Rescheduling motion hearing. By agreement of the parties the motion hearing has been rescheduled and will now take place on 5/13/2015 beginning at 11:00 AM in Courtroom 2 before Judge F. Dennis Saylor IV. Associated Cases: 1:11-cv-11970-FDS, 1:11-cv-12220-FDS(Pezzarossi, Lisa) |
| Filing 119 ELECTRONIC Clerk's Notes for proceedings held before Judge F. Dennis Saylor, IV: Status Conference held on 3/2/2015. Case called. Court has colloquy with counsel regarding proposed schedule for briefing regarding the two summary judgment motions filed by MicroStrategy. The Court imposed the following schedule: DataTern's oppositions to both summary judgment motions due 4/16/2015. MicroStrategy's reply briefs due 5/1/2015. Motion hearing set for 5/11/2015 at 2:00 p.m. (Court Reporter: Valerie OHara at vaohara@gmail.com.)(Attorneys present: Zucker, Belt, Kessel, Buckingham, Perlson, Leno, Sugisaka) Associated Cases: 1:11-cv-11970-FDS, 1:11-cv-12220-FDS(Pezzarossi, Lisa) |
| Filing 118 ELECTRONIC Clerk's Notes for proceedings held before Judge F. Dennis Saylor, IV: Status Conference held on 2/13/2015. Case called. Counsel reported on status of case. Court had colloquy with counsel. The #31 MOTION for Summary Judgment of Non-Infringement and Attorney's Fees by MicroStrategy, Inc. is withdrawn without prejudice to its renewal. The Court instructed the parties to file a proposed briefing schedule for the pending Motion for Summary Judgment of Invalidity for Unpatentable Subject Matter by MicroStrategy, Inc. and the Motion for Summary Judgment of Non-Infringement by MicroStrategy, Inc by 2/27/15. The Court scheduled the matter for further status conference on 3/2/15 at 2:50 p.m. The Court scheduled a status conference/motion hearing for 5/11/15 at 2:00 p.m. With the assent of the parties the Court will enter an order dismissing defendants Blazent, Inc., Informatica Corporation, Magic Software Enterprises, Ltd. and Magic Software Enterprises, Inc. (Court Reporter: Lee Marzilli at leemarz@aol.com.)(Attorneys present: Zuckerr, Nathan, Belt, Kessel, Smith, Massa, Younkin, Leno, Voke and Sugisaka (T)) Associated Cases: 1:11-cv-11970-FDS, 1:11-cv-12220-FDS(Pezzarossi, Lisa) Modified on 2/25/2015 to correct the date of the status conference. (Pezzarossi, Lisa). Modified on 2/25/2015 (Pezzarossi, Lisa). |
| Filing 117 STIPULATION of Dismissal (Joint) by Magic Software Entertainment, Inc., Magic Software Entertainment, Ltd.. (Coyle, Steven) |
| Filing 116 ELECTRONIC NOTICE of Hearing.Status Conference set for 2/13/2015 at 2:10 PM in Courtroom 2 before Judge F. Dennis Saylor IV. (Pezzarossi, Lisa) |
| Filing 115 MANDATE of USCA as to #109 Notice of Appeal to the Federal Circuit, filed by DataTern, Inc.. Appeal #109 Terminated (Paine, Matthew) |
| Filing 114 OPINION and JUDGMENT of USCA for the Federal Circuit as to #109 Notice of Appeal to the Federal Circuit, filed by DataTern, Inc.. VACATED AND REMANDED... (Attachments: #1 Notice)(Paine, Matthew) |
| Filing 113 NOTICE of Withdrawal of Appearance by Sivananda K. Reddy (Reddy, Sivananda) |
| Filing 112 STIPULATION of Dismissal by Informatica Corporation. (Tyz, Ryan) |
| Filing 110 USCA for the Federal Circuit Case Number 13-1252 for #109 Notice of Appeal to the Federal Circuit, filed by DataTern, Inc.. (Paine, Matthew) |
| Filing 109 NOTICE OF APPEAL to the Federal Circuit as to #108 Judgment,, by DataTern, Inc. Filing fee: $ 455, receipt number 0101-4350950 Fee Status: Filing Fee paid. US District Court Clerk to deliver official record to Court of Appeals by 3/25/2013. (Zucker, William) |
| Filing 108 Judge F. Dennis Saylor, IV: ORDER entered. JUDGMENT. Final judgment of non-infringement shall enter in favor of all defendants in both cases, 11-cv-11970-FDS and 11-cv-12220-FDS. This Court will retain jurisdiction over this matter for the limited purpose of resolving defendant MicroStrategys claims under 35 U.S.C. 285. Defendants motion forattorneys fees and costs under 35 U.S.C. 285 will remain pending, and that portion of the case will be stayed pending further order of the Court. See attached order for further detail. (Cicolini, Pietro) |
| Filing 107 ELECTRONIC Clerk's Notes for proceedings held before Judge F. Dennis Saylor, IV: Status Conference held on 2/6/2013. Case called. Court reviews pending motions and hears brief arguments from the parties. The Court will grant plaintiff's motion for judgment as a matter of law (dkt #30) and defendant MicroStrategy's motion for summary judgment (dkt #31), to the following extent: it will enter judgment in favor of all defendants on the grounds that plaintiff concedes that it cannot prove infringement based on the claim construction and final judgment issued in a proceeding in the Southern District of New York involving the same patent at issue in this case. The Court will explicitly retain jurisdiction over this case for the purpose of considering any motion for attorneys' fees under 35 U.S.C. 285. The Court will issue a written order and final judgment with precise terms. (Court Reporter: Valerie OHara at vaohara@gmail.com.)(Attorneys present: (T=telephonic) Reddy, Brown, Sugisaka (T), Thompson (T), Donnelly (T), Frenkel (T), Zucker, Freeman, Kelly) Associated Cases: 1:11-cv-11970-FDS, 1:11-cv-12220-FDS(Cicolini, Pietro) |
| Filing 106 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 Associated Cases: 1:11-cv-11970-FDS, 1:11-cv-12220-FDS(Scalfani, Deborah) |
| Filing 105 Transcript of Status Conference held on January 4, 2013, before Judge F. Dennis Saylor IV. 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: Valerie OHara at vaohara@gmail.com Redaction Request due 2/6/2013. Redacted Transcript Deadline set for 2/18/2013. Release of Transcript Restriction set for 4/16/2013. Associated Cases: 1:11-cv-11970-FDS, 1:11-cv-12220-FDS(Scalfani, Deborah) |
| Filing 104 ELECTRONIC Clerk's Notes for proceedings held before Judge F. Dennis Saylor, IV: Status Conference held on 1/4/2013. Case called. Motion to consolidate case 1:11-cv-11970-FDS was granted. As the lower numbered case, 1:11-cv-11970-FDS will be the new lead in these consolidated cases. All filings related to these consolidated matters shall be made in 1:11-cv-11970-FDS. STAY is extended until February 4, 2013. Further status conference set for February 6, 2013, at 2:00 PM in Courtroom 2 before Judge F. Dennis Saylor, IV. (Court Reporter: Valerie OHara at vaohara@gmail.com.)(Attorneys present: D'Orsi, Frenkel (T), Bernstein, Reddy, Brown, Zucker, Freiman, Kelly, Leno (T), Nathan, Sugisaka (T), DOnnelly (T), Massa (T). (T=telephonic)) (Cicolini, Pietro) |
| Filing 103 Opposition re #101 MOTION for Entry of Scheduling Order /Response to Motion for Entry of Scheduling Order filed by DataTern, Inc.. (Attachments: #1 Exhibit A To DataTern's Response, #2 Exhibit B to DataTern's Response, #3 Exhibit C to DataTern's Response, #4 Exhibit D to DataTern's Response)(Kelly, Daniel) |
| Filing 102 MEMORANDUM in Support re #101 MOTION for Entry of Scheduling Order filed by MicroStrategy, Inc.. (Attachments: #1 Exhibit A - Proposed Order, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Brown, Thomas) |
| Filing 101 MOTION for Entry of Scheduling Order by MicroStrategy, Inc.. (Attachments: #1 Exhibit A - Proposed Order)(Brown, Thomas) |
| Filing 100 ELECTRONIC Clerk's Notes for proceedings held before Judge F. Dennis Saylor, IV: Status Conference held on 11/21/2012. Case called. Court reviews case status. Further status conference is set for January 4, 2013, at 2:00 PM. (Court Reporter: Debra Joyce at joycedebra@gmail.com.)(Attorneys present: Brown, Leno, Zucker, Friedman (all telephonic)) (Cicolini, Pietro) |
| Filing 99 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 98 Transcript of Hearing on Motions held on October 5, 2012, before Judge F. Dennis Saylor IV. 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: Cheryl Dahlstrom at 617-951-4555. Redaction Request due 11/20/2012. Redacted Transcript Deadline set for 11/30/2012. Release of Transcript Restriction set for 1/28/2013. (Scalfani, Deborah) Modified on 10/31/2012 (Scalfani, Deborah). |
| Filing 97 Judge F. Dennis Saylor, IV: ELECTRONIC ORDER entered granting #95 Motion for Leave to File Document. (Cicolini, Pietro) |
| Filing 96 ELECTRONIC Clerk's Notes for proceedings held before Judge F. Dennis Saylor, IV: Telephone/Status Conference held on 10/5/2012; Case called. The Court heard argument on DataTern's #82 Motion to Stay Proceedings and MicroStrategy's #85 Motion to Amend the Scheduling Order. For the reasons stated on the record in open court, the motion to stay proceedings is granted in part and denied in part. Pending further order of the Court, this matter is stayed pending the issuance of a final judgment, which the parties expect will occur within the next three months, in the proceedings ongoing in the United States District Court for the Southern District of New York, captioned Microsoft Corp v. DataTern, Inc., 11 Civ. 2365 (KBF) and SAP AG et al., v. DataTern, Inc., 11 Civ. 2648 (KBF), involving the same and/or similar patents as the present matter. The stay shall not, however, prohibit DataTern from inspecting the software source code made available by MicroStrategy on such reasonable terms as the parties may agree. The motion to amend the scheduling order is granted in part and denied in part; all filing deadlines are suspended pending further order of the Court. The matter is set for further status conferences on November 21, 2012, at 10:00 a.m. and January 4, 2013, at 2:00 p.m. (Court Reporter: Cheryl Dahlstrom at 617-951-4555.)(Attorneys present: Zucker, Nathan, Freeman, Kelly, Brown, Reddy, (Hadden and Leno telephonic)) (Cicolini, Pietro) |
| Filing 95 Assented to MOTION for Leave to File Reply in Support of #85 Motion to Amend Scheduling Order by MicroStrategy, Inc.. (Attachments: #1 Exhibit A - Reply in Support of Motion to Amend Scheduling Order, #2 Exhibit 1 to A - Reply in Support of Motion to Amend Scheduling Order)(Brown, Thomas) |
| Filing 94 NOTICE of Appearance by Kia L. Freeman on behalf of DataTern, Inc. (Freeman, Kia) |
| Filing 93 AFFIDAVIT in Support re #92 Memorandum in Opposition to Motion, and Emergency Motion of MicroStrategy to Amend Scheduling Order. (Attachments: #1 Exhibit A to Lynch Declaration, #2 Exhibit B to Lynch Declaration, #3 Exhibit C to Lynch Declaration, #4 Exhibit D to Lynch Declaration, #5 Exhibit E to Lynch Declaration, #6 Exhibit F to Lynch Declaration, #7 Exhibit G to Lynch Declaration)(Kelly, Daniel) |
| Filing 92 MEMORANDUM in Opposition re #85 MOTION to Amend #14 Order consolidating cases, , #89 Emergency MOTION for Hearing re #85 MOTION to Amend #14 Order consolidating cases, filed by DataTern, Inc.. (Kelly, Daniel) |
| Filing 91 ELECTRONIC NOTICE of Hearing. Telephone Conference set for OCTOBER 5, 2012, at 10:00 AM in Courtroom 2 before Judge F. Dennis Saylor IV. (Cicolini, Pietro) |
| Filing 90 Judge F. Dennis Saylor, IV: ELECTRONIC ORDER entered granting #87 motion for leave to file document under seal. (Cicolini, Pietro) |
| Filing 89 Emergency MOTION for Hearing re #85 MOTION to Amend Scheduling Order, by MicroStrategy, Inc.. (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)(Brown, Thomas) Modified on 10/1/2012 to correct filing description (Cicolini, Pietro). |
| Filing 88 NOTICE OF MANUAL FILING by MicroStrategy, Inc. Declaration of Richard N. Wiedis with Exhibit A and Unredacted Memo in support of Motion To Amend Scheduling Order (Brown, Thomas) |
| Filing 87 MOTION for Leave to File Under Seal by MicroStrategy, Inc..(Brown, Thomas) |
| Filing 86 MEMORANDUM in Support re #85 MOTION to Amend Scheduling Order, And In Opposition To Datatern's Motion For Stay filed by MicroStrategy, Inc.. (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)(Brown, Thomas) Modified on 10/1/2012 to correct filing description(Cicolini, Pietro). |
| Filing 85 MOTION to Amend Scheduling Order, by MicroStrategy, Inc.. (Attachments: #1 Text of Proposed Order)(Brown, Thomas) Modified on 10/1/2012 to correct filing description(Cicolini, Pietro). |
| Filing 84 AFFIDAVIT in Support re #82 MOTION to Stay Proceedings Unitl U.S. District Court For The Southern District of New York Enters Judgment On Non-Infringement . (Attachments: #1 Exhibit A to Kelly Declaration, #2 Exhibit B To Kelly Declaration, #3 Exhibit C To Kelly Declaration, #4 Exhibit D To Kelly Declaration, #5 Exhibit E To Kelly Declaration, #6 Exhibit F to Kelly Declaration, #7 Exhibit G to Kelly Declaration)(Kelly, Daniel) |
| Filing 83 MEMORANDUM in Support re #82 MOTION to Stay Proceedings Unitl U.S. District Court For The Southern District of New York Enters Judgment On Non-Infringement filed by DataTern, Inc.. (Kelly, Daniel) |
| Filing 82 MOTION to Stay Proceedings Unitl U.S. District Court For The Southern District of New York Enters Judgment On Non-Infringement by DataTern, Inc..(Kelly, Daniel) |
| Filing 81 Preliminary Invalidity and Non-Infringement Contentions by MicroStrategy, Inc.. (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 A-7, #8 Exhibit A-8, #9 Exhibit A-9, #10 Exhibit A-10, #11 Exhibit A-11, #12 Exhibit A-12, #13 Exhibit A-13, #14 Exhibit A-14, #15 Exhibit A-15, #16 Exhibit A-16, #17 Exhibit A-17, #18 Exhibit A-18, #19 Exhibit A-19, #20 Exhibit A-20, #21 Exhibit A-21, #22 Exhibit A-22, #23 Exhibit A-23, #24 Exhibit A-24, #25 Exhibit A-25, #26 Exhibit A-26, #27 Exhibit A-27, #28 Exhibit A-28, #29 Exhibit A-29, #30 Exhibit A-30, #31 Exhibit A-31, #32 Exhibit A-32, #33 Exhibit A-33, #34 Exhibit A-34, #35 Exhibit A-35, #36 Exhibit A-36, #37 Exhibit A-37, #38 Exhibit A-38, #39 Exhibit A-39, #40 Exhibit A-40, #41 Exhibit A-41, #42 Exhibit A-42, #43 Exhibit A-43, #44 Exhibit A-44, #45 Exhibit A-45, #46 Exhibit A-46, #47 Exhibit A-47, #48 Exhibit A-48, #49 Exhibit A-49, #50 Exhibit A-50, #51 Exhibit B)(Thompson, Benjamin) (Attachments 18, 19, 33, 41 replaced to use corrected versions on 8/14/2012) (Maynard, Timothy). |
| Filing 80 Preliminary Invalidity and Non-Infringement Contentions by MicroStrategy, Inc.. (Attachments: #1 Exhibit A)(Thompson, Benjamin) |
| Filing 79 NOTICE of Withdrawal of Appearance by Nathan T. Harris (Harris, Nathan) |
| Filing 78 Case randomly reassigned to Judge F. Dennis Saylor, IV upon his transfer to Boston. Judge Richard G. Stearns no longer assigned to the case. (Abaid, Kimberly) |
| Filing 77 ELECTRONIC NOTICE Canceling the Motion Hearing set for 8/7/2012. (Seelye, Terri) |
| Judge Richard G. Stearns: ELECTRONIC ORDER entered denying #43 Motion for Judgment on the Pleadings without prejudice. Although there is no requirement that a district court must construe patent claims prior to examining patentability, the Federal Circuit has recently advised that "it will ordinarily be desirable - and often necessary - to resolve claim construction disputes prior to a section 101 analysis, for the determination of patent eligibility requires a full understanding of the basic character of the claimed matter." Bancorp Serv. LLC v. Sun Life Assurance Co. of Canada (U.S.), -- F.3d ---, 2012 WL 3037176 at *5 (Fed. Cir. July 26, 2012). Because the patentability issue in this case turns on the significance of certain claim elements, including interface objects and runtime engine, the court believes that it is prudent to follow the Federal Circuit's advice and construe the claims first. Therefore, MicroStrategy's motion is denied without prejudice to its ability to renew the motion after the conclusion of claim construction. The hearing currently scheduled on August 7, 2012 is cancelled in light of this ruling. (RGS, law1) |
| Filing 76 Notice of Supplemental Authorities re #43 MOTION for Judgment on the Pleadings filed by MicroStrategy, Inc.. (Attachments: #1 Exhibit A)(Brenner, Maureen) |
| Filing 75 Assented to MOTION for Leave to File Response to Notice of Supplemental Authority and Notice of Further Supplemental Authority by MicroStrategy, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit)(Brenner, Maureen) |
| Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #75 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 74 Notice of Supplemental Authorities re #43 MOTION for Judgment on the Pleadings (Attachments: #1 Exhibit A - Supplemental Authority)(Himelfarb, David) |
| Filing 73 Assented to MOTION for Leave to File Notice of Supplemental Authority by DataTern, Inc.. (Attachments: #1 Exhibit A - Notice of Supplemental Authority, #2 Exhibit - Supplemental Authority)(Himelfarb, David) |
| Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #73 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 72 Preliminary Disclosure of the Claims Infringed by DataTern, Inc.. (Attachments: #1 Appendix A - MicroStrategy, Inc. Claim Chart)(Himelfarb, David) |
| Filing 71 Emergency MOTION for Clarification by DataTern, Inc..(Himelfarb, David) |
| Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #71 Motion for Clarification. Pursuant to the court's stay order, all deadlines with respect to defendants Epicor, Carl Warren, Lancet, Airline Reporting, Teradata, Magic Software, and Premier are stayed until further notice. (RGS, law1) |
| Judge Richard G. Stearns: ELECTRONIC ORDER entered. In light of #70 Non-MicroStrategy Defendants' Notice, the case is stayed as against defendants Epicor, Carl Warren, Lancet, Airline Reporting, Teradata, Magic Software, and Premier.(RGS, law1) |
| Filing 70 NOTICE by Epicor Software Corporation to Court Pursuant to Court's July 5, 2012 Order (Burg, Sarah) |
| ELECTRONIC NOTICE Setting Hearing on #43 MOTION for Judgment on the Pleadings : Motion Hearing set for 8/7/2012 at 10:00 AM in Courtroom 21 before Judge Richard G. Stearns. (Seelye, Terri) |
| Judge Richard G. Stearns: ELECTRONIC ORDER entered granting in part and denying in part #44 Motion for Partial Summary Judgment. The customer-defendants' motion for summary judgment is denied. The court is satisfied that Datatern has voluntarily dismissed and will not pursue the independent claims against the customer-defendants. By dismissing these claims by the contention disclosure deadline, it was unnecessary for Datatern to disclose contentions for these claims. Regarding the customer-defendants' motion to stay, the court will not entertain inefficient and duplicative multiple proceedings, and will stay the cases against the customer-defendants if and only if every customer-defendant agrees to be bound by the adjudication as to liability as to Microstrategy. The customer-defendants have until July 16, 2012 to notify to the court if they all agree to be thus bound. (RGS, law1) |
| Filing 69 REPLY to Response to #44 Cross MOTION for Partial Summary Judgment MicroStrategy Customers' Cross-Motion for Partial Summary Judgment and Dismissal with Prejudice, and to Stay as to All Defendants Other than MicroStrategy, Inc. filed by Epicor Software Corporation. (Burg, Sarah) (Additional attachment(s) added on 7/9/2012: #1 exhibit) (Flaherty, Elaine). |
| Filing 68 REPLY to Response to #43 MOTION for Judgment on the Pleadings filed by MicroStrategy, Inc.. (Brenner, Maureen) |
| Judge Richard G. Stearns: ELECTRONIC ORDER entered granting in part and denying in part #51 Motion to Compel; finding as moot #51 Motion to Expedite. Microstrategy's motion to compel is granted in part as to Datatern's contentions of literal infringement. While the court is aware of the difficulty in ascertaining the mechanics of a software program without access to the source code, allegations of patent infringement must be supported by a good faith basis (under Rule 11) that each accused product (or combination of products) meets each limitation of an asserted claim. Moreover, prior to providing non-infringement contentions and conducting costly and time-consuming discovery, a defendant is entitled to know at least the theory under which it is alleged to be liable. At this preliminary stage, it is not necessary for plaintiff to provide highly detailed or ultimately successful contentions; however, defendants are entitled to know precisely which products (or combinations of products) are alleged to infringe each asserted claim, and how each asserted claim limitation is allegedly met by each accused product. Thus, Datatern is hereby ordered to provide amended infringement contentions by July 20, 2012. The amended contentions should clearly identify the accused products (or combinations of products) that is alleged to infringe each asserted claim, and where each asserted claim element is found within each accused product or combination and supporting evidence. To the extent that Datatern believes that there are categories of accused products that may be considered together for purposes of infringement, it must explain the basis (including such supporting evidence in its possession) for such categorization, and provide the limitation-by-limitation analysis of at least one specific exemplar for each category. Plaintiff is not required to know or disclose all possible theories of infringement at this point, and may uncover and disclose additional theories of infringement in the course of discovery. However, defendants' obligation to respond by way of noninfringement contentions will be circumscribed by the disclosure of the infringement contentions. Defendants will have until August 10, 2012 to provide noninfringement and invalidity contentions. Microstrategy's motion to expedited briefing schedule is denied as moot. (RGS, law1) |
| Filing 67 Opposition re #56 MOTION to Stay Deadline for Invalidity and Non-Infringement Disclosures filed by DataTern, Inc.. (Lynch, Kara) |
| Filing 66 DECLARATION re #64 Reply to Response to Motion Declaration of Alejandro Freixas in Support of Defendant Microstrategy's Reply in Support of its Motion to Compel Infringement Contentions by MicroStrategy, Inc.. (Brenner, Maureen) |
| Filing 65 DECLARATION re #64 Reply to Response to Motion Declaration of Eric de Roos in Support of Defendant Microstrategy's Reply in Support of its Motion to Compel Infringement Contentions by MicroStrategy, Inc.. (Brenner, Maureen) |
| Filing 64 REPLY to Response to #51 MOTION to Compel Infringement Contentions MOTION to Expedite Briefing Schedule filed by MicroStrategy, Inc.. (Brenner, Maureen) |
| Filing 63 Assented to MOTION for Leave to File Reply in support of Motion to Compel by MicroStrategy, Inc.. (Attachments: #1 Exhibit Proposed Reply, #2 Exhibit De Roos Declaration, #3 Exhibit Freixas Declaration)(Brenner, Maureen) |
| Filing 62 MOTION for Leave to File MicroStrategy Customers' Motion for Leave to File Reply by Epicor Software Corporation.(Younkin, Jeremy) |
| Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #62 Motion for Leave to File Reply re Cross-Motion for Partial Summary Judgment, Dismissal, and Stay; 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 #63 Motion for Leave to File Reply re Motion for Judgment on the Pleadings ; 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 61 MOTION for Leave to File Reply in support of Motion for Judgment on the Pleadings by MicroStrategy, Inc..(Brenner, Maureen) |
| Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #61 Motion for Leave to File Reply re Motion for Judgment on the Pleadings; 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 #56 Motion to Stay - Defendants have until July 16, 2012 to produce noninfringement and invalidity disclosures. (RGS, law1) |
| Filing 60 AFFIDAVIT in Opposition re #43 MOTION for Judgment on the Pleadings filed by DataTern, Inc.. (Attachments: #1 Exhibit A)(Himelfarb, David) |
| Filing 59 AFFIDAVIT in Opposition re #43 MOTION for Judgment on the Pleadings of Richard C.E. Morgan filed by DataTern, Inc.. (Himelfarb, David) (Main Document 59 replaced on 6/26/2012) (Flaherty, Elaine). |
| Filing 58 Opposition re #43 MOTION for Judgment on the Pleadings filed by DataTern, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Himelfarb, David) |
| Filing 57 Opposition re #44 Cross MOTION for Partial Summary Judgment MicroStrategy Customers' Cross-Motion for Partial Summary Judgment and Dismissal with Prejudice, and to Stay as to All Defendants Other than MicroStrategy, Inc. filed by DataTern, Inc.. (Kelly, Daniel) (Additional attachment(s) added on 6/26/2012: #1 Exhibit) (Flaherty, Elaine). |
| Filing 56 MOTION to Stay Deadline for Invalidity and Non-Infringement Disclosures by MicroStrategy, Inc..(Brenner, Maureen) |
| Filing 55 Opposition re #51 MOTION to Compel Infringement Contentions MOTION to Expedite Briefing Schedule filed by DataTern, Inc.. (Lynch, Kara) |
| Filing 54 NOTICE by DataTern, Inc. re #51 MOTION to Compel Infringement Contentions MOTION to Expedite Briefing Schedule of Intent To File Per Rule 6(c) (Attachments: #1 Exhibit A)(Lynch, Kara) |
| Filing 53 DECLARATION of Thomas A. Brown in Support of Defendant Microstrategy's Motion to Compel Infringement Contentions and Motion for Expedited Briefing Schedule by MicroStrategy, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Brown, Thomas) |
| Filing 52 MEMORANDUM in Support re #51 MOTION to Compel Infringement Contentions MOTION to Expedite Briefing Schedule filed by MicroStrategy, Inc.. (Brown, Thomas) |
| Filing 51 MOTION to Compel Infringement Contentions, MOTION to Expedite Briefing Schedule ( Responses due by 6/8/2012) by MicroStrategy, Inc..(Brown, Thomas) |
| Filing 50 MEMORANDUM in Support re #43 MOTION for Judgment on the Pleadings filed by MicroStrategy, Inc. re-docketed to correct docket (Flaherty, Elaine) |
| Filing 49 NOTICE by Lancet Software Develpment, Inc. re #43 MOTION for Judgment on the Pleadings Notice of Assent to Microstrategy's Motion for Judgment on the Pleadings (Attachments: #1 Certificate of Service)(Sugisaka, Keiko) |
| Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #48 Informatica's Motion for Extension of Time to File Response/Reply to Plaintiff's Motion to Dismiss. (RGS, law1) |
| Filing 48 Assented to MOTION for Extension of Time to May 18, 2012 to File Response/Reply as to #42 Notice (Other) by Informatica Corporation.(Haack, Phillip) |
| Filing 47 DECLARATION of Jeremy A. Younkin by Epicor Software Corporation. (Attachments: #1 Exhibit Exhibits to Younkin Declaration)(Younkin, Jeremy) |
| Filing 46 Statement of Material Facts L.R. 56.1 re #44 Cross MOTION for Partial Summary Judgment MicroStrategy Customers' Cross-Motion for Partial Summary Judgment and Dismissal with Prejudice, and to Stay as to All Defendants Other than MicroStrategy, Inc. filed by Epicor Software Corporation. (Younkin, Jeremy) |
| Filing 45 MEMORANDUM in Support re #44 Cross MOTION for Partial Summary Judgment MicroStrategy Customers' Cross-Motion for Partial Summary Judgment and Dismissal with Prejudice, and to Stay as to All Defendants Other than MicroStrategy, Inc. Memorandum in Opposition to Plaintiff's Motion to Dismiss, and in Support of Cross-Motion filed by Epicor Software Corporation. (Younkin, Jeremy) |
| Filing 44 Cross MOTION for Partial Summary Judgment MicroStrategy Customers' Cross-Motion for Partial Summary Judgment and Dismissal with Prejudice, and to Stay as to All Defendants Other than MicroStrategy, Inc. by Epicor Software Corporation.(Younkin, Jeremy) |
| Filing 43 MOTION for Judgment on the Pleadings by MicroStrategy, Inc.. (Attachments: #1 Memorandum in Support of Motion for Judgment on the Pleadings, #2 Affidavit of Thomas Brown iso Motion for Judgment on the Pleadings, #3 Exhibit 1, #4 Exhibit 2)(Brown, Thomas) |
| Filing 42 NOTICE by DataTern, Inc. Regarding Infringement Claims Against Non-MicroStrategy Defendants and Motion to Dismiss (Himelfarb, David) |
| Filing 41 Preliminary Disclosure of the Claims Infringed by DataTern, Inc.. (Attachments: #1 Appendix A - Infringement Chart for MicroStrategy, #2 Appendix B - Infringement Chart for Airlines Reporting Corp., #3 Appendix C - Infringement Chart for Carl Warren and Co., #4 Appendix D - Infringement Chart for Epicor Software, #5 Appendix E - Infringement Chart for Informatica, #6 Appendix F - Infringement Chart for Lancet Software Development, #7 Appendix G - Infringement Chart for Magic Software, #8 Appendix H - Infringement Chart for Premier ClinicalAdvisor, #9 Appendix I - Infringement Chart for Premier OperationsAdvisor, #10 Appendix J - Infringement Chart for Teradata Retail Decisions, #11 Appendix K - Infringement Chart for Teradata Accelerate, #12 Appendix L - Infringement Chart for Teradata Analytics and CRM, #13 Appendix M - Infringement Chart for Teradata Integrated Web Intelligence, #14 Appendix N - Infringement Chart for Teradata RDBMS, #15 Appendix O - Infringement Chart for Teradata Relationship Manager, #16 Appendix P - Infringement Chart for Teradata University Network)(Himelfarb, David) |
| Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #40 Motion for Protective Order, adopting the parties' Agreed Upon Protective Order, including MicroStrategy and other non-Carl Warren-defendants' proposed Paragraph 9(c). If circumstances arise and an expert employed by, an officer of, or affiliated with a defendant must access another defendant's highly confidential information to reasonably prosecute or defend a claim, such a party may apply to the court with a detailed description of such circumstances at that time. (RGS, law1) |
| Filing 40 Assented to MOTION for Protective Order by DataTern, Inc., MicroStrategy, Inc..(Thompson, Benjamin) |
| Filing 39 NOTICE of Appearance by Sarah S. Burg on behalf of Epicor Software Corporation (Burg, Sarah) |
| Filing 38 CORPORATE DISCLOSURE STATEMENT by Carl Warren & Co., Inc.. (Arber, Brandon) |
| Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #37 Motion for Leave to Appear Pro Hac Vice Added Thompson. 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 37 Assented to MOTION for Leave to Appear Pro Hac Vice for admission of Benjamin K. Thompson Filing fee: $ 100, receipt number 0101-3884237 by MicroStrategy, Inc.. (Attachments: #1 Affidavit of Benjamin K. Thompson)(Brown, Thomas) |
| Set/Reset Patent Deadlines: Plaintiff Preliminary Disclosure of the Claims Infringed due by 4/26/2012; deft 6/25/12. See 3/21/12 order for all dates. (Flaherty, Elaine) |
| Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #33 Motion for Leave to Appear Pro Hac Vice Added Hadden, Donnelly, Tyz, Haack. 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 36 NOTICE of Appearance by Brandon L. Arber on behalf of Carl Warren & Co., Inc. (Arber, Brandon) |
| ELECTRONIC Clerk's Notes for proceedings held before Judge Richard G. Stearns: Scheduling Conference held on 3/27/2012. The court adopts defendants' proposed E-Discovery Order; however, the parties may request enlargement of e-discovery limits as necessary. (Court Reporter: No Court Reporter Used.)(Attorneys present: Lee Bromberg, Bill Zucker, Kara Lynch, Daniel Kelly, and David Himelfarb for DataTern; Gregory Madera and Thomas Brown for MicroStrategy; Craig Smith and Nathan Harris for Teradata; Steven Coyle for Magic Software; Jeremy Younkin and Steven Buckingham for Epicor Software; Heather Repicky, David Hadden, and Darren Donnelly for Informatic Corp.; Matthew Leno for Premier; Dominic Massa and Leslie Pearlson for Airlines Reporting Corp.; Keiko Sugisaka for Lancet Software) (RGS, law1) |
| Filing 35 CERTIFICATION pursuant to Local Rule 16.1 (d)(3) of Informatica Corporation. (Repicky, Heather) |
| Filing 34 CERTIFICATION pursuant to Local Rule 16.1 (D)(3). (Coyle, Steven) |
| Filing 33 MOTION for Leave to Appear Pro Hac Vice for admission of J. David Hadden, Darren E. Donnelly, Phillip J. Haack, Ryan A. Tyz Filing fee: $ 400, receipt number 0101-3867495 by Informatica Corporation. (Attachments: #1 Affidavit J. David Hadden, #2 Affidavit Darren E. Donnelly, #3 Affidavit Phillip J. Haack, #4 Affidavit Ryan A. Tyz)(Repicky, Heather) |
| Filing 32 CERTIFICATION pursuant to Local Rule 16.1 Defendant Epicor Software Corp.'s Local Rule 16.1(d)(3) Certification. (Younkin, Jeremy) |
| Filing 31 CERTIFICATION pursuant to Local Rule 16.1 . (Harris, Nathan) |
| Filing 30 CERTIFICATION pursuant to Local Rule 16.1 (d)(3). (Attachments: #1 Certification of Service)(Sugisaka, Keiko) |
| Filing 29 CERTIFICATION pursuant to Local Rule 16.1 . (Himelfarb, David) |
| Filing 28 NOTICE of Appearance by Nathan T. Harris on behalf of TERADATA CORPORATION (Harris, Nathan) |
| Judge Richard G. Stearns: ORDER entered. SCHEDULING ORDER: Having considered the parties' joint statement, the court adopts the following schedule: April 10, 2012 - file with the court the parties' proposed protective order(s); April 17, 2012 - exchange initial disclosures (parties may serve discovery after serving its initial disclosures); April 26, 2012 - plaintiff serves initial infringement contentions and accompanying document production; June 25, 2012 - defendants serve invalidity and noninfringement contentions and accompanying document production; September 14, 2012 - last day to amend pleadings and add parties; October 1, 2012 - exchange proposed claim construction terms and constructions; October 22 - opening claim construction briefs due; November 1, 2012 - reply claim construction briefs due; November 16, 2012 - submit joint disputed claim construction terms and statement to the court; November 30, 2012 - exchange claim construction tutorial materials. The court will schedule a Markman hearing in December, 2012. Damages discovery to begin the day following the court's Markman hearing. The court adopts the parties' proposed deadlines occurring after the Markman hearing. The court further adopts the following discovery limits. Plaintiff and the defendants as a group will be entitled to each take up to 15 fact depositions (each 7 hours counting as a separate deposition), and 5 expert depositions. Plaintiff may serve 15 common interrogatories on all defendants, and 5 additional interrogatories as to each defendant. Defendants may jointly serve 15 common interrogatories on plaintiff, and each defendant may serve 5 additional interrogatory on plaintiff. Plaintiff may serve 25 requests for admission on each defendant. Defendants may serve 25 common requests for admission on plaintiff. Each defendant may serve an additional 10 requests for admission on plaintiff. Per the parties agreement, requests for admission regarding a document's admissibility are not subject to these limits. The parties may seek discovery of each others' source code using the usual discovery mechanisms. Plaintiff has until June 1, 2012 to indicate to the court whether it intends to pursue claims of infringement against each non-MicroStrategy defendant for alleged infringement independent of each defendant's use of MicroStrategy products (if so, identify which defendants and which products). If the plaintiff so indicates, the court may revisit the discovery limits at that time. The scheduling conference will take place as planned to address any other outstanding matters.(RGS, law1) |
| Filing 27 JOINT STATEMENT re scheduling conference . (Attachments: #1 Exhibit A - Model Order, #2 Exhibit B - Defendants' Proposed Order, #3 Exhibit C - Staples Case Order)(Himelfarb, David) |
| Filing 26 CERTIFICATION pursuant to Local Rule 16.1 of Defendant MicroStrategy Incorporated. (Brown, Thomas) |
| Filing 25 CERTIFICATION pursuant to Local Rule 16.1 of Defendant, Premier, Inc.. (Rashid, Hasan) |
| Filing 24 NOTICE of Appearance by David Himelfarb on behalf of DataTern, Inc. (Himelfarb, David) |
| Filing 23 NOTICE of Appearance by Sarah Chapin Columbia on behalf of Premier, Inc. (Columbia, Sarah) |
| Filing 22 NOTICE of Appearance by Hasan M. Rashid on behalf of Premier, Inc. (Rashid, Hasan) |
| Filing 21 ANSWER to #1 Complaint, with Jury Demand by TERADATA CORPORATION.(Smith, Craig) |
| Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #20 Motion for Leave to Appear Pro Hac Vice Added Buckingham. 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 20 Assented to MOTION for Leave to Appear Pro Hac Vice for admission of Stephen R. Buckingham Filing fee: $ 50, receipt number 0101-3853064 by Epicor Software Corporation. (Attachments: #1 Declaration of Stephen R. Buckingham in Support of Motion for Admission Pro Hac Vice)(Younkin, Jeremy) |
| Filing 19 NOTICE of Appearance by Leslie Stierman on behalf of Airlines Reporting Corporation (Stierman, Leslie) |
| Filing 18 NOTICE of Appearance by Dominic E. Massa on behalf of Airlines Reporting Corporation (Massa, Dominic) |
| Filing 17 NOTICE of Scheduling Conference. Scheduling Conference set for 3/27/2012 at 2:30 PM in Courtroom 21 before Judge Richard G. Stearns. (Seelye, Terri) |
| Filing 16 (Answer to Counterclaims Asserted By Informatica Corp. by DataTern, Inc..(Lynch, Kara) Modified on 2/28/2012 (Flaherty, Elaine). |
| Filing 15 ANSWER to counterclaim of Airline Reporting Company - by DataTern, Inc..(Lynch, Kara) Modified on 2/28/2012 (Flaherty, Elaine). |
| Filing 14 Judge Richard G. Stearns: ORDER entered. ORDER consolidating cases Civil Actions Nos. 11-12024, 11-12025, 11-12026, 11-12028, 11-12220, 11-12223, 11-12224, 11-12225, and 11-12227. All pleadings are to be filed in lead case No. 11-12220 (Datatern, Inc. v. MicroStrategy, Inc.).(RGS, law1) |
| Judge Richard G. Stearns: ELECTRONIC ORDER entered. re (11 in 1:11-cv-12225-RGS) MOTION to Intervene and Stay Actions Pending Resolution of Datatern's Lawsuit Against Microstrategy filed by MicroStrategy, Inc., (11 in 1:11-cv-12024-RGS) MOTION to Intervene and Stay Actions Pending Resolution of Datatern's Lawsuit Against Microstrategy filed by MicroStrategy, Inc., (12 in 1:11-cv-12028-RGS) MOTION to Intervene and Stay Actions Pending Resolution of Datatern's Lawsuit Against Microstrategy filed by MicroStrategy, Inc., (14 in 1:11-cv-12025-RGS) MOTION to Intervene and Stay Actions Pending Resolution of Datatern's Lawsuit Against Microstrategy filed by MicroStrategy, Inc., (9 in 1:11-cv-12224-RGS) MOTION to Intervene and Stay Actions Pending Resolution of Datatern's Lawsuit Against Microstrategy filed by MicroStrategy, Inc., (11 in 1:11-cv-12026-RGS) MOTION to Intervene and stay actions pending resolution of Datatern's Lawsuit Against Microstrategy filed by MicroStrategy, Inc., (9 in 1:11-cv-12223-RGS) MOTION to Intervene and Stay Actions Pending Resolution of Datatern's Lawsuit Against Microstrategy filed by MicroStrategy, Inc., (10 in 1:11-cv-12227-RGS) MOTION to Intervene and Stay Actions Pending Resolution of Datatern's Lawsuit Against Microstrategy filed by MicroStrategy, Inc. MicroStrategy's Motion to Stay is denied in light of the Consolidation Order, which obviates any concerns for duplication and inconsistent results.Associated Cases: 1:11-cv-12220-RGS et al.(RGS, law1) |
| Filing 13 CORPORATE DISCLOSURE STATEMENT by MicroStrategy, Inc.. (Reddy, Sivananda) |
| Filing 12 ANSWER to #1 Complaint, with Jury Demand by MicroStrategy, Inc..(Reddy, Sivananda) |
| Filing 11 NOTICE of Appearance by Maureen M. Brenner on behalf of MicroStrategy, Inc. (Brenner, Maureen) |
| Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #8 Motion for Extension of Time to Answer re #1 Complaint, MicroStrategy, Inc. answer due 2/6/2012. (Flaherty, Elaine) |
| Filing 10 NOTICE of Appearance by Adam J. Kessel on behalf of MicroStrategy, Inc. (Kessel, Adam) |
| Filing 9 NOTICE of Appearance by Sivananda Kumjula Reddy on behalf of MicroStrategy, Inc. (Reddy, Sivananda) |
| Filing 8 Assented to MOTION for Extension of Time to February 6, 2012 to File Answer re #1 Complaint, by MicroStrategy, Inc..(Brown, Thomas) |
| Filing 7 SUMMONS Returned Executed MicroStrategy, Inc. served on 12/16/2011, answer due 1/6/2012. (Lynch, Kara) |
| Filing 6 NOTICE of Appearance by Gregory A. Madera on behalf of MicroStrategy, Inc. (Madera, Gregory) |
| Filing 5 NOTICE of Appearance by Thomas A. Brown on behalf of MicroStrategy, Inc. (Brown, Thomas) |
| Filing 4 Summons Issued as to MicroStrategy, Inc.. 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. (Geraldino-Karasek, Clarilde) |
| ELECTRONIC NOTICE of Case Assignment. Judge Richard G. Stearns assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Marianne B. Bowler. (Abaid, Kimberly) |
| Filing 3 REPORT ON THE FILING OF AN ACTION REGARDING PATENT OR TRADEMARK. (Lynch, Kara) |
| Filing 2 CORPORATE DISCLOSURE STATEMENT by DataTern, Inc.. (Lynch, Kara) |
| Filing 1 COMPLAINT with Exhibit against MicroStrategy, Inc. Filing fee: $ 350, receipt number 0101-3717984 (Fee Status: Filing Fee paid), filed by DataTern, Inc.. (Attachments: #1 Exhibit A, #2 Civil Cover Sheet, #3 Category Form)(Lynch, Kara) |
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