Prism Technologies v. Adobe Systems Incorporated et al
Plaintiff: Prism Technologies
Defendant: Adobe Systems Incorporated, Autodesk, Inc., McAfee, Inc., National Instruments Corporation, Nuance Communications, Inc., Quark, Inc., Sage Software, Inc., Symantec Corporation, The Mathworks, Inc., The Sage Group plc and Trend Micro Incorporated
Case Number: 8:2010cv00220
Filed: June 8, 2010
Court: US District Court for the District of Nebraska
Office: 8 Omaha Office
Presiding Judge: Laurie Smith Camp
Nature of Suit: Patent
Cause of Action: 35 U.S.C. ยง 271 Patent Infringement
Jury Demanded By: Plaintiff
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Date Filed Document Text
February 13, 2013 Opinion or Order Filing 1169 ORDER AND JUDGMENT - Pursuant to the memorandum opinion 1168 entered herein this date, the motions to stay of plaintiff Prism Technologies, LLC ("Prism") (Filing Nos. 1146 and 1158 ) are denied. On or before March 4, 2013, Prism may file a response to each defendant's bill of costs. On or before March 14, 2013, each defendant may file a reply to a response filed by Prism. Thereafter, the Clerk of Court will analyze each defendant's bill of costs and the parties' submissions and will tax costs as appropriate. Defendants' motion for attorney fees and nontaxable expenses (Filing No. 1137 ) is denied. Ordered by Senior Judge Lyle E. Strom. (AOA)
January 18, 2013 Opinion or Order Filing 1163 ORDER - The motion for leave to file documents as restricted access 1159 is granted. Defendants' reply brief in support of their motion for attorney fees and nontaxable expenses, Exhibits J, K, and L (and Exhibit 1 to Exhibit L) shall remain as restricted access pending further order of the Court. Ordered by Senior Judge Lyle E. Strom. (AOA)
January 9, 2013 Opinion or Order Filing 1152 ORDER - The motion for leave to file documents under seal 1147 is granted. Plaintiff's brief and Exhibits 2, 3, 8, 9, 23, 25 and 27-35 shall remain as restricted access pending further order of the Court. Ordered by Senior Judge Lyle E. Strom. (AOA)
December 27, 2012 Opinion or Order Filing 1142 ORDER granting 1139 Motion to Restrict pursuant to the E-Government Act. Filings 1140 and 1141 shall remain restricted access documents. Ordered by Senior Judge Lyle E. Strom. (JAB)
December 10, 2012 Opinion or Order Filing 1135 ORDER AND JUDGMENT regarding Memorandum Opinion 1134 .(1) McAfee's motion for summary judgment (Filing No. 871 ) is granted as to noninfringement; in other respects it is denied as moot. (2) Symantec's motion for summary judgment (Fili ng No. 868 ) is granted as to noninfringement; in other respects it is denied as moot. (3) Trend Micro's motion for summary judgment (Filing No. 849 ) is granted as to noninfringement; in other respects it is denied as moot. (4) All other outs tanding motions before the Court are also denied as moot. (5) Prism's request for oral argument on the motions for summary judgment is denied. (6) Prism's second amended complaint for patent infringement (Filing No. 1063 ) is dismissed as to McAfee, Symantec, and Trend Micro. (7) The Court finds for McAfee for its first counterclaim for declaratory judgment of noninfringement of the '288 patent (Filing No. 1098 ). The Court dismisses McAfee's second counterclaim for declara tory judgment of invalidity of the '288 patent, because no "actual controversy" as to the '288 patent now exists between Prism and McAfee. See 28 U.S.C. § 2201. Without appropriate motion and briefing, the Court will not cons ider whether this is an exceptional case under 35 U.S.C. § 285 entitling McAfee to recover attorney fees. (8) The Court finds for Symantec for its first counterclaim for declaratory judgment of noninfringement of the '288 patent (Filing No . 1097 ). The Court dismisses Symantec's second counterclaim for declaratory judgment of invalidity of the '288 patent, because no "actual controversy" as to the '288 patent now exists between Prism and Symantec. See 28 U.S. C. § 2201. Without appropriate motion and briefing, the Court will not consider whether this is an exceptional case under 35 U.S.C. § 285 entitling Symantec to recover attorney fees. (9) The Court finds for Trend Micro for its first counter claim for declaratory judgment of noninfringement of the '288 patent (Filing No. 1117 ). The Court dismisses Trend Micro's second counterclaim for declaratory judgment of invalidity of the '288 patent, because no "actual controve rsy" as to the '288 patent now exists between Prism and Trend Micro. See 28 U.S.C. § 2201. Without appropriate motion and briefing, the Court will not consider whether this is an exceptional case under 35 U.S.C. § 285 entitling to recover attorney fees. (10) Taxable costs are assessed against the plaintiff, Prism Technologies, Inc. Ordered by Senior Judge Lyle E. Strom. (JAB)
December 5, 2012 Opinion or Order Filing 1133 ORDER - Defendant Trend Micro Incorporated's motion for leave to file documents under seal 1128 is granted. Trend Micro Incorporateds brief in support of its motion for summary judgment of no induced infringement and Exhibits 2 and 3 shall remain sealed pending further order of the Court. Ordered by Senior Judge Lyle E. Strom. (AOA)
November 27, 2012 Opinion or Order Filing 1119 ORDER - The motions for leave to file documents under seal 1105 , 1109 and 1113 are granted. The plaintiff's supplemental reply brief and Exhibit 35, Exhibit 36 and Exhibits 26-28 shall remain as restricted access pending further order of the Court. Ordered by Senior Judge Lyle E. Strom. (AOA)
November 19, 2012 Opinion or Order Filing 1095 ORDER - The motion is granted 1089 ; Carman M. Aviles is deemed withdrawn as counsel for Prism Technologies, LLC. Ordered by Senior Judge Lyle E. Strom. (AOA)
November 9, 2012 Opinion or Order Filing 1064 MEMORANDUM AND ORDER - Prism's motion to compel Symantec to produce documents, as well as for an order permitting Prism to take third-party discovery (Filing No. 968 ), is denied. Ordered by Senior Judge Lyle E. Strom. (AOA)
November 1, 2012 Opinion or Order Filing 1061 MEMORANDUM AND ORDER - Prism's motion for leave to file a second amended complaint (Filing No. 960 ) is granted. Prism shall file its amended complaint by November 7, 2012. Should they elect to do so, defendants may each file an additional mo tion for summary judgment as to Prism's induced infringement allegations only. The motions shall be filed on or before December 3, 2012. Prisms responsive briefs and defendants' reply briefs shall be filed following the usual timetable provided by rule. Ordered by Senior Judge Lyle E. Strom. (AOA)
October 29, 2012 Opinion or Order Filing 1060 ORDER - the motion for leave to file documents as restricted access 1054 is granted. Its reply brief in support of its Daubert motion to strike the report and testimony of Prisms damages expert, Wayne Hoeberlein, and Exhibits B and 12-16 to the index of evidence in support of its brief shall remain as restricted access pending further order of the Court. Ordered by Senior Judge Lyle E. Strom. (AOA)
October 22, 2012 Opinion or Order Filing 1043 ORDER - The motions for leave to file documents under seal 1031 , 1035 and 1039 , are granted. The briefs and exhibits as identified in the respective motions shall remain as restricted access pending further order of the Court. Ordered by Senior Judge Lyle E. Strom. (AOA)
October 17, 2012 Opinion or Order Filing 1030 ORDER - The motion for leave to file documents as restricted access 1026 is granted. Exhibits 3-9 and 12 to the index of evidence in support of plaintiff Prism Technologies reply brief in support of its omnibus motions in limine shall remain as restricted access pending further order of the Court. Ordered by Senior Judge Lyle E. Strom. (AOA)
October 16, 2012 Opinion or Order Filing 1013 ORDER - The motion for leave to file documents as restricted access 1011 is granted. Exhibits 1-6 in support of their opposition to Prisms motion for leave to file second amended complaint shall remain as restricted access pending further order of the Court. Ordered by Senior Judge Lyle E. Strom. (AOA)
October 10, 2012 Opinion or Order Filing 1008 ORDER - Defendant Trend Micro Incorporated's motion for leave to file documents under seal 996 is granted. Trend Micro Incorporated's brief in support of its Daubert motion to strike and Exhibits 2, 3, 5 and 7-9 in support thereof shall remain sealed pending further order of the Court. Ordered by Senior Judge Lyle E. Strom. (AOA)
September 27, 2012 Opinion or Order Filing 965 ORDER - The motion for leave to file documents as restricted access 963 are granted. Exhibits K - O to the index of evidence in support of Prisms brief in support of its motion for leave to file second amended complaint shall remain as restricted access pending further order of the Court. Ordered by Senior Judge Lyle E. Strom. (AOA)
September 20, 2012 Opinion or Order Filing 958 ORDER granting Joint Motion for Briefing Schedule Concerning Daubert Motions and Motions in Limine 957 filed by McAfee, Inc. The deadline for filing opposition papers to motions in limine, including the deadline for Prism's opposi tion papers to defendants' Daubert motion regarding Mr. Klausner, shall be filed on or before October 9, 2012. Reply by 10/16/2012. All Daubert motions pertaining to damage experts shall be filed on or before October 9, 2012, with opposition papers due on or before October 19, 2012, and reply briefs are due on or before October 26, 2012. Ordered by Senior Judge Lyle E. Strom. (JAB)
September 17, 2012 Opinion or Order Filing 956 ORDER granting 952 Motion to Restrict pursuant to the E-Government Act. Exhibits A to Filing 949 shall remain as restricted access pending further order of the Court. Ordered by Senior Judge Lyle E. Strom. (JLS, )
September 14, 2012 Opinion or Order Filing 945 ORDER - The motion for leave to file documents as restricted access 924 is granted. Exhibit J to defendant's brief in opposition to Prism's motion for summary judgment regarding the priority date of the '288 patent shall remain as restricted access pending further order of the Court. Ordered by Senior Judge Lyle E. Strom. (TEL)
September 10, 2012 Opinion or Order Filing 918 ORDER granting 914 Motion to Restrict pursuant to the E-Government Act - Defendant's reply brief and Exhibits A and 1 in support of the brief shall remain as restricted access pending further order of the Court. Ordered by Senior Judge Lyle E. Strom. (TEL)
September 7, 2012 Opinion or Order Filing 913 ORDER granting 909 Motion to Seal - Exhibits 2 - 7, 15, 19 and 26 to the index of evidence in support of Prism's Omnibus motions in limine shall remain as restricted access pending further order of the Court. Ordered by Senior Judge Lyle E. Strom. (TEL)
August 30, 2012 Opinion or Order Filing 891 ORDER granting 886 Motion to Restrict pursuant to the E-Government Act - The brief in support of defendants' expedited motion to continue trial, reopen discovery, and compel production of improperly withheld documents and Exhibits 1-11 and 13 in support of their brief shall remain as restricted pending further order of the Court. Ordered by Senior Judge Lyle E. Strom. (TEL)
August 21, 2012 Opinion or Order Filing 881 ORDER - IT IS ORDERED that the motion for leave to file documents as restricted access documents 873 is granted. Defendants' brief, as well as Exhibits A-C and G-M filed in support thereof, shall remain as restricted access pending further order of the Court. Ordered by Senior Judge Lyle E. Strom. (TCL )
August 13, 2012 Opinion or Order Filing 844 ORDER - The motion 841 is granted; all claims and counterclaims brought in this action between Prism Technologies, LLC and Autodesk, Inc., are dismissed with prejudice, except Autodesk Inc.'s, counterclaims regarding invalidity which are dismissed without prejudice, each party to bear its own costs and attorney fees. Ordered by Senior Judge Lyle E. Strom. (TEL)
July 27, 2012 Opinion or Order Filing 832 ORDER approving and adopting 831 Stipulation - The progression order is modified to the extent that the parties shall have until August 30, 2012, to complete expert depositions, and until August 20, 2012, to file motions for summary judgment. Ordered by Senior Judge Lyle E. Strom. (TEL)
July 26, 2012 Opinion or Order Filing 830 MEMORANDUM AND ORDER - Prism's motion to compel (Filing No. 707 ) is granted in part and denied in part. Ordered by Senior Judge Lyle E. Strom. (TEL)
July 19, 2012 Opinion or Order Filing 828 ORDER granting 825 Motion to Seal - Exhibit 2 to plaintiff's brief in support of its motion to amend protective order shall remain as restricted access pending further order of the Court. Ordered by Senior Judge Lyle E. Strom. (TEL)
July 17, 2012 Opinion or Order Filing 818 MEMORANDUM AND ORDER - Prism's motion to compel (Filing No. 704 ) is granted. On or before July 31, 2012, Symantec will substantively respond to Prism's Fourth Set of Requests for Production (Requests 112-113) and Prism's Sixth Set of Interrogatories (Nos. 22-24). Ordered by Senior Judge Lyle E. Strom. (TEL)
July 16, 2012 Opinion or Order Filing 814 ORDER granting 805 Motion to Seal - Exhibit 11 to plaintiff's brief in opposition to Symantec Corporation's motion to strike expert report on damages shall remain as restricted access pending further order of the Court. Ordered by Senior Judge Lyle E. Strom. (TEL)
July 11, 2012 Opinion or Order Filing 792 ORDER granting 786 Motion to Seal - Trend Micro Incorporated's moving brief and Exhibit B in support of its moving motion shall remain sealed pending further order of the Court. Ordered by Senior Judge Lyle E. Strom. (TEL)
July 10, 2012 Opinion or Order Filing 783 ORDER granting 776 Motion to Restrict pursuant to the E-Government Act - Symantec Corporation's moving brief and Exhibit B in support of its moving motion shall remain as restricted access pending further order of the Court. Ordered by Senior Judge Lyle E. Strom. (TEL)
July 9, 2012 Opinion or Order Filing 768 ORDER - The motion is granted. The following briefing schedule is adopted: Prism's motion and opening brief due July 6, 2012; Defendants' response brief(s) due July 13, 2012; Prism's reply brief due July 18, 2012. Ordered by Senior Judge Lyle E. Strom. (AOA)
July 3, 2012 Opinion or Order Filing 759 MEMORANDUM AND ORDER - Prism's motion for leave to file amended complaint (Filing No. 656 ) is granted. Prism shall file its amended complaint by July 10, 2012. (Amended Complaint due by 7/10/2012.) Ordered by Senior Judge Lyle E. Strom. (TEL)
July 2, 2012 Opinion or Order Filing 758 ORDER regarding Protective Order 390 - The Protective Order shall be revised, or the designated information must be stricken from plaintiff's expert reports. Ordered by Senior Judge Lyle E. Strom. (TEL)
June 26, 2012 Opinion or Order Filing 757 ORDER granting 753 Motion to Seal - The opposition brief as noted in the motion shall remain as restricted access pending further order of the Court. Ordered by Senior Judge Lyle E. Strom. (TEL)
June 12, 2012 Opinion or Order Filing 740 ORDER - The motions for leave to file documents as restricted access 724 , 729 and 730 are granted. The documents as noted in the respective motions shall remain as restricted access pending further order of the Court. Ordered by Senior Judge Lyle E. Strom. (AOA)
June 6, 2012 Opinion or Order Filing 722 ORDER granting 717 Motion to Seal - Exhibits 1 through 5 to plaintiff's brief in reply to defendant Symantec Corporation's opposition to Prism's motion for leave to file amended complaint shall remain as restricted access pending further order of the Court. Ordered by Senior Judge Lyle E. Strom. (TEL)
June 5, 2012 Opinion or Order Filing 720 ORDER granting 710 Motion to Seal - Exhibits 8, 13, 30, 35 and 37 in support of plaintiff's third motion to compel defendant Trend Micro, Inc., shall remain as restricted access pending further order of the Court. Ordered by Senior Judge Lyle E. Strom. (TEL)
May 23, 2012 Opinion or Order Filing 697 ORDER - The stipulation 694 is approved and adopted. Paragraph 3A of the progression order is modified so that the deadline to exchange nonexpert witness lists is no later than five working days before the final pretrial conference which is scheduled for September 14, 2012. Ordered by Senior Judge Lyle E. Strom. (AOA)
May 15, 2012 Opinion or Order Filing 679 MEMORANDUM AND ORDER - Prism's motion to compel (Filing No. 583 ) is granted, as follows: Trend Micro will have until May 22, 2012, to specifically designate the witnesses who will testify on its behalf as to topics 1(c)-(e), 2(c)-(e), and 3, and to set out the matters on which each person designated will testify. Prism and Trend Micro will have until May 31, 2012, to meet and confer, in person or by telephone, to identify the date and time of the Rule 30(b)(6) depositions. The Rule 30(b)(6) depositions will take place at the principal place of business of Trend Micro, in the state of California, on or before June 29, 2012. Ordered by Senior Judge Lyle E. Strom. (TEL)
May 10, 2012 Opinion or Order Filing 674 ORDER granting 671 Motion to Withdraw as Attorney. Yury Kapgan is deemed withdrawn as counsel for Symantec Corporation. Ordered by Senior Judge Lyle E. Strom. (TEL)
May 8, 2012 Opinion or Order Filing 666 ORDER granting 658 Motion for Leave to File Documents Under Seal - Plaintiff's brief in support of its motion for leave to file amended complaint and Exhibit 10 shall remain as restricted access pending further order of the Court. Ordered by Senior Judge Lyle E. Strom. (TEL)
May 1, 2012 Opinion or Order Filing 630 ORDER granting 620 Motion for leave to file documents under seal and asrestricted access - Defendant McAfee, Inc.'s brief and Exhibits A, I, J, and K shall remain as restricted access pending further order of the Court. Ordered by Senior Judge Lyle E. Strom. (TEL)
April 30, 2012 Opinion or Order Filing 616 ORDER granting 612 Motion to Restrict pursuant to the E-Government Act - Defendant Trend Micro Incorporated's brief in opposition to Prism's motion to compel shall remain as restricted access pending further order of the Court. Ordered by Senior Judge Lyle E. Strom. (TEL)
April 24, 2012 Opinion or Order Filing 608 ORDER granting 597 Motion to Seal - Plaintiff's reply and Exhibits 1-7 shall remain restricted access documents pending further order of the Court. Ordered by Senior Judge Lyle E. Strom. (TEL)
April 10, 2012 Opinion or Order Filing 575 ORDER granting 572 Motion to Restrict pursuant to the E-Government Act. Adobe's brief in opposition to Prism's emergency motion to preserve evidence and for sanctions and index with accompanying exhibits filed in support thereof shall remain as restricted access documents pending further order of the Court. Ordered by Senior Judge Lyle E. Strom. (TEL)
March 26, 2012 Opinion or Order Filing 539 ORDER granting 532 Motion to Seal - Adobe's objection to expedited review of Prism's emergency motion and index shall remain as restricted access documents pending further order of the Court. Ordered by Senior Judge Lyle E. Strom. (TEL)
March 2, 2012 Opinion or Order Filing 487 ORDER granting 486 Motion to Dismiss Party. All claims and counterclaims brought in this action between Prism Technologies, LLC, and National Instruments Corporation are dismissed with prejudice, each party to bear its own costs and attorney fees. Ordered by Senior Judge Lyle E. Strom. (GJG)
February 29, 2012 Opinion or Order Filing 484 ORDER granting 483 Motion to Dismiss Party Sage Software, Inc. Plaintiff's claims against Sage Software are dismissed with prejudice, each party to bear its own costs and attorney fees. Ordered by Senior Judge Lyle E. Strom. (GJG)
February 28, 2012 Opinion or Order Filing 482 AMENDED FINAL PROGRESSION ORDER granting 480 Motion to Extend. Final Pretrial Conference set for 9/14/2012 at 10:00 AM in Chambers before Magistrate Judge Thomas D. Thalken. Jury Trial set for 10/9/2012 at 09:00 AM in Courtroom 5, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Senior Judge Lyle E. Strom. Ordered by Senior Judge Lyle E. Strom. (TCL )
February 21, 2012 Opinion or Order Filing 477 ORDER approving and adopting 470 Stipulation - The close of discovery is extended to March 9, 2012, as to discovery requests served by plaintiff on defendant Sage Software, Inc. Ordered by Senior Judge Lyle E. Strom. (TEL)
February 14, 2012 Opinion or Order Filing 469 MEMORANDUM AND ORDER as to United States Patent No. 7,290,288 - As jointly stipulated by the parties (Filing No. 440 ), the preambles of the asserted claims are limiting. As jointly stipulated by the parties, the following terms are construed as indicated... The Court construes the remaining disputed terms as follows... Ordered by Senior Judge Lyle E. Strom. (TEL)
February 3, 2012 Opinion or Order Filing 461 ORDER - The stipulation 460 is approved and adopted; defendant National Instruments Corporation shall have until February 10, 2012, to provide the discovery ordered by the Court on December 16, 2011. Ordered by Senior Judge Lyle E. Strom. (TEL)
January 31, 2012 Opinion or Order Filing 458 ORDER approving and adopting 457 Stipulation - Defendant Sage shall have until February 17, 2012, to provide the discovery ordered by the Court on December 16, 2011. The close of discovery is extended to May 14, 2012, as to discovery requests served by Prism on Sage. Ordered by Senior Judge Lyle E. Strom. (TEL)
January 11, 2012 Opinion or Order Filing 435 ORDER granting 434 Motion for Leave to file amended answer - Said defendant shall file its amended answer on or before January 17, 2012. Ordered by Senior Judge Lyle E. Strom. (TEL)
January 6, 2012 Opinion or Order Filing 431 ORDER adopting 429 Stipulation - The stipulation is approved and adopted. The close of discovery is extended to May 14, 2012, as to discovery requests served by plaintiff on defendants Autodesk, Inc., Adobe Systems Incorporated, McAfee, Inc., National Instruments Corporation, and Symantec Corporation. Autodesk, Inc., Adobe Systems Incorporated, McAfee, Inc., National Instruments Corporation, and Symantec Corporation shall have until January 20, 2012, to produce the discovery ordered by the Court in its memorandum and order dated December 14, 2011 (Filing No. 410 ). Ordered by Senior Judge Lyle E. Strom. (TEL)
January 4, 2012 Opinion or Order Filing 428 ORDER - The motion 427 is granted; plaintiff's claims against Mathworks are dismissed with prejudice. The counterclaims of Mathworks against Prism are dismissed with prejudice, each party to bear its own costs and attorney fees. Ordered by Senior Judge Lyle E. Strom. (AOA)
December 29, 2011 Opinion or Order Filing 426 MEMORANDUM AND ORDER - National Instruments motion for sanctions (Filing No. 348 ) is granted in part, as follows: 1) The Court awards National Instruments $1,108.17 in travel expenses; 2) The Court awards National Instruments $2,116.50 for attorney fees; and 3) Prism will pay the total amount of $3,224.67 to National Instruments by January 6, 2012. Ordered by Senior Judge Lyle E. Strom. (GJG)
December 16, 2011 Opinion or Order Filing 412 ORDER regarding MOTION for Attorney Fees Motion for Sanctions 348 filed by National Instruments Corporation. Prism will have until December 23, 2011, to file a surreply brief for the limited purpose of addressing the issue of attorney fees as discussed in National Instruments Exhibit 1, Filing No. 399 . Ordered by Senior Judge Lyle E. Strom. (TEL)
December 14, 2011 Opinion or Order Filing 410 MEMORANDUM AND ORDER granting in part and denying in part 330 Motion for Protective Order - Defendants' motion for Rule 26(c) protective order (Filing No. 330 ) is granted as to the following discovery requests: a) Requests for Admiss ions 13-14; and b) Requests for Production 74-75. Defendants' motion for Rule 26(c) protective order (Filing No. 330 ) is denied as to the following discovery requests: a) Requests for Admissions 1-12; b) Requests for Production 71 -73; c) Interrogatories 2 and 9; and d) Rule 30(b)(6) Deposition Notice Topics 1 and 2. Prism's motion to compel discovery is granted as to those discovery requests listed in (2)(a)-(c) above. Defendants will have until January 6, 201 2, to comply with such discovery requests, to the extent that they have not already done so. Each defendant will file with the Court a certificate indicating such compliance by January 6, 2012. At future depositions, defendants will answer questions regarding Rule 30(b)(6) Deposition Notice Topics 1 and 2, as applicable. Ordered by Senior Judge Lyle E. Strom. (TEL)
November 28, 2011 Opinion or Order Filing 393 MEMORANDUM AND ORDER - Defendants' motion for summary judgment (Filing No. 288 ) is denied, without prejudice, with leave to re-file following the issuance of the Court's memorandum and order as to claim construction, subsequent to the January 2012 hearing; and Prism's motion to strike or, in the alternative, to file surreply brief (Filing No. 376 ) is denied as moot. Ordered by Senior Judge Lyle E. Strom. (TEL)
November 22, 2011 Opinion or Order Filing 390 PROTECTIVE ORDER - Certain information subject to discovery in this action may contain trade secrets or other confidential, proprietary and/or commercially-sensitive information. In the interest of protecting that information and permitting discovery to proceed without delay occasioned by disputes regarding such information, and good cause appearing, the Court enters this Protective Order pursuant to Federal Rule of Civil Procedure 2 6(c). Ordered by Senior Judge Lyle E. Strom. (TEL)
November 16, 2011 Opinion or Order Filing 373 ORDER granting 364 Motion to Seal; granting 367 Motion for leave to file documents as restricted. Ordered by Senior Judge Lyle E. Strom. (TEL)
November 14, 2011 Opinion or Order Filing 366 MEMORANDUM AND ORDER - The parties shall submit to the Court a Joint Motion for Entry of Stipulated Protective Order incorporating the decisions of this Court as delineated herein by November 21, 2011. (Case Management Deadline set for 11/21/2011) Ordered by Senior Judge Lyle E. Strom. (TEL)
November 8, 2011 Opinion or Order Filing 358 ORDER granting 290 Motion to Restrict pursuant to the E-Government Act and granting 333 Motion to Seal. Ordered by Senior Judge Lyle E. Strom. (TEL)
November 7, 2011 Opinion or Order Filing 357 AMENDED ORDER regarding Order 356 approving and adopting 347 Stipulation - Defendants shall have until November 14, 2011, to file and serve their reply to their motion for summary judgment. Plaintiff shall have until November 16, 2011, to serve i ts response brief to defendan ts' Rule 26(c) motion. Plaintiff shall have until December 2, 2011, to serve its reply in support of their initial claim construction brief. Ordered by Senior Judge Lyle E. Strom. (Filed to correct filing date of Order 356 .) (TEL)
September 6, 2011 Opinion or Order Filing 251 ORDER NUNC PRO TUNC - IT IS ORDERED that plaintiff's motion 245 is granted; Dkt. 239 shall be stricken and removed from the docket. Ordered by Senior Judge Lyle E. Strom. (TEL)
September 2, 2011 Opinion or Order Filing 250 ORDER - IT IS ORDERED that the stipulation is approved and adopted; the parties have until September 8, 2011, to exchange their proposed claim constructions setting forth claim terms for the '288 Patent for which they contend construction is necessary and their proposed construction of those terms. All other dates for the progression of the case remain in force and effect. Ordered by Senior Judge Lyle E. Strom. (TEL)
September 1, 2011 Opinion or Order Filing 246 ORDER granting 245 Motion to Strike Certificate 239 . Ordered by Senior Judge Lyle E. Strom. (TEL)
August 12, 2011 Opinion or Order Filing 223 ORDER granting 211 Motion to Continue. Jury Trial set for 10/9/2012 at 09:00 AM in Courtroom 5, Federal Building, 111 South 18th Plaza, Omaha, NE before Senior Judge Lyle E. Strom. All other dates for the progression of the case remain in force and effect. Ordered by Senior Judge Lyle E. Strom. (TEL)
August 2, 2011 Opinion or Order Filing 210 ORDER - IT IS ORDERED that the stipulation 209 is approved and adopted; the parties shall have until July 13, 2012, to exchange non-expert witness lists. Ordered by Senior Judge Lyle E. Strom. (TEL)
July 22, 2011 Opinion or Order Filing 198 ORDER - Defendants' Motion for Summary Judgment Hearing Schedule (Filing No. 189 ) is denied; A progression order setting forth the applicable deadlines will be entered; Plaintiff's Motion to Strike Reply Brief (Filing No. 192 ) is denied; and Defendants' reply brief has been filed and the Motion for Leave to File Reply (Filing No. 194 ) is denied as moot. Ordered by Senior Judge Lyle E. Strom. (TEL)
June 1, 2011 Opinion or Order Filing 188 MEMORANDUM AND ORDER before the Court to construe two patent claim terms pursuant to Markman v. Westview Instruments, Inc., 517 U.S. 370 (1996). IT IS ORDERED that "hardware key" and "access key" are construed to mean "An external hardware device or object from which the predetermined digital identification can be read." Ordered by Senior Judge Lyle E. Strom. (MKR)
May 9, 2011 Opinion or Order Filing 187 ORDER granting 186 Motion to Withdraw as Attorney. James D. Tario is deemed withdrawn as counsel for Prism Technologies, LLC. Ordered by Senior Judge Lyle E. Strom. (JAB)
April 6, 2011 Opinion or Order Filing 184 ORDER granting 182 Motion to Dismiss Party. The claims against Nuance Communications, Inc., are dismissed with prejudice. The counterclaims of Nuance Communications, Inc., against Prism are dismissed without prejudice, each party to bear its own costs and attorney fees. Ordered by Senior Judge Lyle E. Strom. (JSF)
February 24, 2011 Opinion or Order Filing 177 ORDER granting 176 Motion to Withdraw as Attorney. Marc Belloli is deemed withdrawn as counsel for Trend Micro Incorporated. Ordered by Senior Judge Lyle E. Strom. (GJG)
November 16, 2010 Opinion or Order Filing 157 ORDER that the planning conference is rescheduled for 11/30/2010 at 8:15 AM before Senior Judge Lyle E. Strom. Ordered by Senior Judge Lyle E. Strom. (JSF)
October 29, 2010 Opinion or Order Filing 156 ORDER - Scheduling Conference set for 11/23/2010 08:15 AM in Chambers before Senior Judge Lyle E. Strom. Ordered by Senior Judge Lyle E. Strom. (TCL )
October 25, 2010 Opinion or Order Filing 154 ORDER granting 153 Motion to Extend. The parties shall have until 10/28/2010 to submit their joint planning conference report. Ordered by Senior Judge Lyle E. Strom. (JSF)
September 21, 2010 Opinion or Order Filing 144 ORDER granting 137 Motion to Dismiss Party Quark, Inc. The claims against Quark, Inc., are dismissed with prejudice. The counterclaims of Quark, Inc., against Prism are dismissed without prejudice, each party to bear its own costs and attorney fees. Ordered by Senior Judge Lyle E. Strom. (JSF)
September 1, 2010 Opinion or Order Filing 111 ORDER approving and adopting 110 Stipulation for Dismissal ; The Sage Group is dismissed without prejudice, each party to bear its own costs and attorney fees. Ordered by Senior Judge Lyle E. Strom. (ADB, )
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Search for this case: Prism Technologies v. Adobe Systems Incorporated et al
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Defendant: Adobe Systems Incorporated
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Defendant: Autodesk, Inc.
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Defendant: McAfee, Inc.
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Defendant: National Instruments Corporation
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Defendant: Sage Software, Inc.
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Defendant: Symantec Corporation
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Defendant: The Mathworks, Inc.
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Defendant: The Sage Group plc
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Defendant: Trend Micro Incorporated
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Plaintiff: Prism Technologies
Represented By: Christopher D. Banys
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