Rensselaer Polytechnic Institute et al v. Apple Inc. Featured Case
Plaintiff: Rensselaer Polytechnic Institute and Dynamic Advances, LLC
Defendant: Apple Inc.
Counter_claimant: Apple Inc.
Counter_defendant: Dynamic Advances, LLC and Rensselaer Polytechnic Institute
Case Number: 1:2013cv00633
Filed: June 3, 2013
Court: US District Court for the Northern District of New York
Office: Albany Office
County: Rensselaer
Presiding Judge: David E. Peebles
Presiding Judge: David N. Hurd
Nature of Suit: Patent
Cause of Action: 35 U.S.C. § 271 Patent Infringement
Jury Demanded By: Defendant
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Docket Report

This docket was last retrieved on October 18, 2015. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 20, 2015 Filing 266 ***SEALED TRANSCRIPT of Proceedings : Afternoon Portion of the Motion Hearing held on 6/26/2015 before Judge Peebles is filed under seal. Court Reporter/Transcriber: Eileen McDonough, Telephone number: 315-234-8546. (Sealed Transcript was mailed to counsel by Court Reporter Eileen McDonough). (sal ) Modified on 7/21/2015 to take out redaction language. (sal).
July 20, 2015 Filing 265 TRANSCRIPT of Proceedings: Motion Hearing held on 6/26/2015 before Judge Peebles, Court Reporter/Transcriber: Eileen McDonough, Telephone number: 315-234-8546. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must electronically file a Notice of Intent to Request Redaction with the Clerk's Office within 5 business days of this date. The policy governing the redaction of personal information is located on the court website at www.nynd.uscourts.gov. Read this policy carefully. If no Notice of Intent to Redact is filed within 5 business days of this date, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available on the web 90 days from today's date. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/10/2015. Redacted Transcript Deadline set for 8/20/2015. Release of Transcript Restriction set for 10/19/2015. Notice of Intent to Redact due by 7/27/2015 (etm, )
June 30, 2015 Filing 264 TRANSCRIPT REQUEST by Apple Inc. for proceedings held on 6/26/2015 before Judge David E. Peebles.. (Attachments: # 1 Transcript AO 435)(Katz, Mitchell)
June 30, 2015 Filing 263 TRANSCRIPT REQUEST by Dynamic Advances, LLC, Rensselaer Polytechnic Institute for proceedings held on June 26, 2015 before Judge David E. Peebles.. (Attachments: # 1 Transcript Order - AO 435)(Muldoon, James)
June 26, 2015 TEXT Minute Entry for proceedings held before Magistrate Judge David E. Peebles: Motion Hearing held on 6/26/2015 re 195 Motion for Summary Judgment of Non-Infringement filed by Apple Inc, 196 Motion to Exclude Testimony of Mr. Robert N. Yerman filed by Apple Inc., 197 Motion to Strike Untimely Disclosed or Improper Expert Opinions filed by Apple Inc., 200 Motion for Summary Judgment of Infringement filed by Rensselaer Polytechnic Institute, Dynamic Advances, LLC, and 203 Motion to Strike the Invalidity Report and Selected Invalidity and Damages Opinions of Dr. James Allen filed by Rensselaer Polytechnic Institute, Dynamic Advances, LLC. After hearing oral argument from counsel, Magistrate Judge Peebles RESERVES DECISION on the pending motions at this time and a written decision will be forthcoming. The afternoon portion of this proceeding was ordered sealed by Magistrate Judge Peebles, which started approximately at 2:30 PM. APP: Paul Skiermont, Esq., Donald Tiller, Esq., Shellie Stephens, Esq., James Muldoon, Esq., Nicholas Mesiti, Esq., Carolyn Chang, Esq., Hector Ribera, Esq., William Mosley, Esq., Joe D. Hadden, Esq., Mitchell Katz, Esq., and Erica Atwell, Esq. (in-house counsel for Apple, Inc.). TIME: 10:00 AM - 4:00 PM. (Court Reporter: Eileen McDonough). (sal, )
June 25, 2015 Filing 262 LETTER BRIEF providing notice of supplemental authority by Dynamic Advances, LLC, Rensselaer Polytechnic Institute. (Attachments: # 1 Exhibit(s) 1, # 2 Exhibit(s) 2)(Skiermont, Paul)
June 18, 2015 Opinion or Order Filing 261 TEXT ORDER denying without prejudice the unopposed 260 letter request to seal the courtroom during the motion hearing currently set for 6/26/2015. The issue of sealing will be addressed at the outset of the motion hearing on 6/26/2015. The court will hear oral argument as to why and, if so, to what extent the motions should be heard in a sealed proceeding. Authorized by Magistrate Judge David E. Peebles on 6/18/15. (sal, )
June 17, 2015 Filing 260 Letter Motion from Carolyn Chang for Apple Inc., Apple Inc. requesting Unopposed Request to Seal Courtroom for June 26, 2015 Hearing submitted to Judge David E. Peebles . (Chang, Carolyn)
June 8, 2015 Filing 259 ***SEALED DOCUMENT : Plaintiffs Rensselaer Polytechnic Institute and Dynamic Advances' Reply in Support of their 203 Motion to Strike the Invalidity Report and Selected Invalidity and Damages Opinions of Dr. James Allen is filed under seal. (sal, ) (sal, ).
June 8, 2015 Opinion or Order Filing 258 TEXT ORDER granting 253 Letter Request to Seal Plaintiffs Rensselaer Polytechnic Institute and Dynamic Advances' Reply in Support of their 203 Motion to Strike the Invalidity Report and Selected Invalidity and Damages Opinions of Dr. James Allen. Authorized by Magistrate Judge David E. Peebles on 6/8/15. (sal, )
June 8, 2015 Filing 257 ***SEALED DOCUMENT : Plaintiffs Rensselaer Polytechnic Institute and Dynamic Advances' Reply in Support of Plaintiffs' 200 Motion for Summary Judgment of Infringement is filed under seal. (sal, ) (sal, ).
June 8, 2015 Opinion or Order Filing 256 TEXT ORDER granting 248 Letter Request to seal Plaintiffs Rensselaer Polytechnic Institute and Dynamic Advances' Reply in Support of Plaintiffs' 200 Motion for Summary Judgment of Infringement. Authorized by Magistrate Judge David E. Peebles on 6/8/15. (sal, )
June 8, 2015 Filing 255 ***SEALED DOCUMENT : Defendant Apple Inc.'s Reply Memorandum of Law in Support of Apple Inc.'s 195 Motion for Summary Judgment of Non-Infringement, Reply Memorandum of Points and Authorities in Support of the 196 Motion to Exclude testimony of Mr. Robert N. Yerman, Exhibit T to the Reply Declaration of Ryan J. Marton in Support of Apple Inc.'s 196 Motion to Exclude Testimony of Robert N. Yerman, Apple Inc.'s Reply in Support of 197 Motion to Strike Untimely Disclosed or Improper Expert Opinions, and Reply Declaration of Carolyn Chang in Support of Defendant Apple Inc.'s 197 Motion to Strike Untimely Disclosed or Improper Expert Opinions and its attached Exhibits N-O are filed under seal. (sal, ) (Additional attachment(s) added on 6/8/2015: # 1 Reply Memo of Points & Authorities in Support of MSJ to Exclude Testimony of Yerman, # 2 Exhibit T to the Reply Decl of Marton in Support of Motion to Exclude Testimony of Yerman, # 3 Reply in Support of Motion to Strike Untimely Disclosed or Improper Exp Opinions, # 4 Reply Declaration of Caroly Chang in Support of Motion to Strike Untimely Disclosed or Improper Exp Opinions, # 5 Exhibit N to Motion to Strike Untimely Disclosed or Improper Exp Opinions, # 6 Exhibit O to Motion to Stike Untimely Disclosed or Improper Expert Opinions) (sal, ).
June 8, 2015 Opinion or Order Filing 254 TEXT ORDER granting 246 Letter Request to Seal Defendant Apple Inc.'s Reply Memorandum of Law in Support of Apple Inc.'s 195 Motion for Summary Judgment of Non-Infringement, Reply Memorandum of Points and Authorities in Support of the 196 Motion to Exclude testimony of Mr. Robert N. Yerman, Exhibit T to the Reply Declaration of Ryan J. Marton in Support of Apple Inc.'s 196 Motion to Exclude Testimony of Robert N. Yerman, Apple Inc.'s Reply in Support of 197 Motion to Strike Untimely Disclosed or Improper Expert Opinions, and Reply Declaration of Carolyn Chang in Support of Defendant Apple Inc.'s 197 Motion to Strike Untimely Disclosed or Improper Expert Opinions and its attached Exhibits N-O. Authorized by Magistrate Judge David E. Peebles on 6/8/15. (sal, )
June 5, 2015 Filing 253 Letter Motion from Counsel for Dynamic Advances, LLC, Rensselaer Polytechnic Institute requesting Application to Seal Document at Docket 252 submitted to Judge Peebles . (Attachments: # 1 Proposed Order/Judgment)(Skiermont, Paul)
June 4, 2015 Filing 252 REPLY to Response to Motion re 203 MOTION to Strike the Invalidity Report and Selected Invalidity and Damages Opinions of Dr. James Allen [FILED UNDER SEAL] filed by Dynamic Advances, LLC, Rensselaer Polytechnic Institute. (Skiermont, Paul)
June 4, 2015 Filing 251 REPLY to Response to Motion re 200 MOTION for Summary Judgment of Infringement [FILED UNDER SEAL] filed by Dynamic Advances, LLC, Rensselaer Polytechnic Institute. (Skiermont, Paul)
June 4, 2015 Filing 250 REPLY to Response to Motion re 197 MOTION to Strike Untimely Disclosed or Improper Expert Opinions filed by Apple Inc.. (Attachments: # 1 Declaration of Carolyn Chang, # 2 Ex. N (REDACTED), # 3 Ex. O (REDACTED))(Chang, Carolyn)
June 4, 2015 Filing 249 REPLY to Response to Motion re 196 MOTION Exclude Testimony of Mr. Robert N. Yerman filed by Apple Inc.. (Attachments: # 1 Declaration of Ryan J. Marton, # 2 Exhibit T (REDACTED))(Marton, Ryan)
June 4, 2015 Filing 248 Letter Motion from Counsel for Dynamic Advances, LLC, Rensselaer Polytechnic Institute requesting Application to Seal Documents submitted to Judge Peebles . (Attachments: # 1 Proposed Order/Judgment)(Skiermont, Paul)
June 4, 2015 Filing 247 REPLY to Response to Motion re 195 MOTION for Summary Judgment of Non-Infringement filed by Apple Inc.. (Hadden, Joe)
June 4, 2015 Filing 246 Letter Motion from Defendant Apple for Apple Inc., Apple Inc. requesting Application to File Documents Under Seal submitted to Judge David E. Peebles . (Attachments: # 1 Declaration of Jeffrey A. Ware, # 2 Proposed Order/Judgment)(Ware, Jeffrey)
May 28, 2015 Opinion or Order Filing 245 TEXT ORDER : Plaintiffs' have requested via e-mail, out of an abudence of caution, to seal Exhibits 7 and 8 in Support of their 233 Response in Opposition to Apple's 197 Motion to Strike Allegedly Untimely or Improper Expert Opinions. The clerk is directed to seal such exhibits and replace the images with slip sheets, as requested, that indicate these exhibits are filed under seal. Authorized by Magistrate Judge David E. Peebles on 5/28/15. (sal, )
May 28, 2015 Filing 244 ***SEALED DOCUMENT : Plaintiffs Rensselaer Polytechnic Institute and Dynamic Advances' Response to Apple's 196 Motion to Exclude the Testimony of Mr. Robert N. Yerman, and accompanying Exhibits 1-3, 5-14, 17, and 18 are filed under seal. (sal, ) (Additional attachment(s) added on 5/28/2015: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 5, # 5 Exhibit 6, # 6 Exhibit 7, # 7 Exhibit 8, # 8 Exhibit 9, # 9 Exhibit 10, # 10 Exhibit 11, # 11 Exhibit 12, # 12 Exhibit 13, # 13 Exhibit 14, # 14 Exhibit 17, # 15 Exhibit 18) (sal, ).
May 28, 2015 Filing 243 ***SEALED DOCUMENT : Plaintiffs Rensselaer Polytechnic Institute and Dynamic Advances' Opposition to Apple's 197 Motion to Strike Allegedly Untimely or Improper Expert Opinions, and accompanying Exhibits 1, 4, 5, 10-14 are filed under seal. (sal, ) (Additional attachment(s) added on 5/28/2015: # 1 Gasser Declaration, # 2 Exhibit 1, # 3 Exhibit 4) (sal, ). (Additional attachment(s) added on 5/28/2015: # 4 Exhibit 5 - part 1, # 5 Exhibit 5 part 2, # 6 Exhibit 7, # 7 Exhibit 8, # 8 Exhibit 10, # 9 Exhibit 11, # 10 Exhibit 12, # 11 Exhibit 13, # 12 Exhibit 14) (sal, ).
May 28, 2015 Filing 242 ***SEALED DOCUMENT : Apple Inc.'s Response in Opposition to Plaintiffs' 200 Motion for Summary Judgment of Infringement, Apple Inc.'s Response to Statement of Undisputed Material Facts in Support of Plaintiffs' 200 Motion for Summary Judgment of Infringement, Exhibit A to the Declaration of J. David Hadden in Support of Apple Inc.'s Opposition to Plaintiffs' 200 Motion for Summary Judgment of Infringement, Apple Inc.'s Opposition to Plaintiffs' 203 Motion to Strike the Invalidity Report and Selected Invalidity and Damages Opinions of Dr. James Allen, Declaration of Hector Ribera in Support of Apple Inc.'s Opposition to 203 Motion to Strike the Invalidity Report and Selected Invalidity and Damages Opinions of Dr. James Allen, and its attached Exhibits A-I and K are filed under seal. (sal, ) (Additional attachment(s) added on 5/28/2015: # 1 Response to Statement of Undisputed Material Facts, # 2 Exhibit A) (sal, ).
May 28, 2015 Filing 241 ***SEALED DOCUMENT: Plaintiffs Rensselaer Polytechnic Institute and Dynamic Advances' Responsive Brief in Opposition to Apple Inc.'s 195 Motion for Summary Judgment of Non-Infringement, Plaintiffs' 225 Response to Apple's Statement of Material Facts in Support, Supplemental Declaration of Dr. Jaime Carbonell, and accompanying Exhibits 32-33, 37-39, 41-43, 47-49, 51, 54, 59-65, 72, 72A, 73, 73A, and 74-79 are filed under seal. (sal, ) (Additional attachment(s) added on 5/28/2015: # 1 Response to Statement of Material Facts, # 2 Supplemental Carbonell Declaration, # 3 Exhibit 32, # 4 Exhibit 33, # 5 Exhibit 37, # 6 Exhibit 38) (sal, ). (Additional attachment(s) added on 5/28/2015: # 7 Exhibit 41, # 8 Exhibit 42, # 9 Exhibit 43, # 10 Exhibit 47, # 11 Exhibit 48, # 12 Exhibit 49, # 13 Exhibit 51, # 14 Exhibit 54, # 15 Exhibit 59, # 16 Exhibit 60) (sal, ). (Additional attachment(s) added on 5/28/2015: # 17 Exhibit 61, # 18 Exhibit 62, # 19 Exhibit 63, # 20 Exhibit 64, # 21 Exhibit 65, # 22 Exhibit 72, # 23 Exhibit 72A, # 24 Exhibit 73, # 25 Exhibit 73A, # 26 Exhibit 74, # 27 Exhibit 75, # 28 Exhibit 77, # 29 Exhibit 78, # 30 Exhibit 79) (sal, ). (Additional attachment(s) added out of order on 5/28/2015 as they were received separately via e-mail and passcode protected: # 31 Exhibit 39, # 32 Exhibit 76) (sal, ).
May 28, 2015 Opinion or Order Filing 240 TEXT ORDER granting Plaintiffs Rensselaer Polytechnic Institute and Dynamic Advances' 234 Letter Request to Seal Plaintiffs' Response to Apple's 196 Motion to Exclude the Testimony of Mr. Robert N. Yerman, and accompanying Exhibits 1-3, 5-14, 17, and 18. Authorized by Magistrate Judge David E. Peebles on 5/28/15. (sal, )
May 28, 2015 Opinion or Order Filing 239 TEXT ORDER granting Plaintiffs Rensselaer Polytechnic Institute and Dynamic Advances' 232 Letter Request to Seal Plaintiffs Opposition to Apple's 197 Motion to Strike Allegedly Untimely or Improper Expert Opinions, and accompanying Exhibits 1, 4, 5, 10-14. Authorized by Magistrate Judge David E. Peebles on 5/28/15. (sal, )
May 28, 2015 Opinion or Order Filing 238 TEXT ORDER granting 228 Letter Request to Seal Apple Inc.'s Response in Opposition to Plaintiffs' 200 Motion for Summary Judgment of Infringement, Apple Inc.'s Response to Statement of Undisputed Material Facts in Support of Plaintiffs' 200 Motion for Summary Judgment of Infringement, Exhibit A to the Declaration of J. David Hadden in Support of Apple Inc.'s Opposition to Plaintiffs' 200 Motion for Summary Judgment of Infringement, Apple Inc.'s Opposition to Plaintiffs' 203 Motion to Strike the Invalidity Report and Selected Invalidity and Damages Opinions of Dr. James Allen, Declaration of Hector Ribera in Support of Apple Inc.'s Opposition to 203 Motion to Strike the Invalidity Report and Selected Invalidity and Damages Opinions of Dr. James Allen, and its attached Exhibits A-I and K. Authorized by Magistrate Judge David E. Peebles on 5/28/15. (sal, )
May 22, 2015 Opinion or Order Filing 237 TEXT ORDER granting Plaintiffs Rensselaer Polytechnic Institute and Dynamic Advances' 223 Letter Request to Seal Plaintiffs' 224 Responsive Brief in Opposition to Apple Inc.'s 195 Motion for Summary Judgment of Non-Infringement, Plaintiffs' 225 Response to Apple's Statement of Material Facts in Support, Supplemental Declaration of Dr. Jaime Carbonell, and accompanying Exhibits 32-33, 37-39, 41-43, 47-49, 51, 54, 59-65, 72, 72A, 73, 73A, and 74-79. Authorized by Magistrate Judge David E. Peebles on 5/22/15. (sal, )
May 22, 2015 Opinion or Order Filing 236 TEXT ORDER regarding 220 Letter Request to set briefing schedule: Based upon the 222 request to withdraw the 220 application, this issue is now moot and the 220 letter motion has been terminated as withdrawn. Authorized by Magistrate Judge David E. Peebles on 5/22/15. (sal, )
May 22, 2015 Filing 235 RESPONSE in Opposition re 196 MOTION Exclude Testimony of Mr. Robert N. Yerman [SEALED] filed by Dynamic Advances, LLC, Rensselaer Polytechnic Institute. (Attachments: # 1 Affidavit Declaration of A. Gasser, # 2 Exhibit(s) 1 [SEALED], # 3 Exhibit(s) 2 [SEALED], # 4 Exhibit(s) 3 [SEALED], # 5 Exhibit(s) 4, # 6 Exhibit(s) 5 [SEALED], # 7 Exhibit(s) 6 [SEALED], # 8 Exhibit(s) 7 [SEALED], # 9 Exhibit(s) 8 [SEALED], # 10 Exhibit(s) 9 [SEALED], # 11 Exhibit(s) 10 [SEALED], # 12 Exhibit(s) 11 [SEALED], # 13 Exhibit(s) 12 [SEALED], # 14 Exhibit(s) 13 [SEALED], # 15 Exhibit(s) 14 [SEALED], # 16 Exhibit(s) 15, # 17 Exhibit(s) 16, # 18 Exhibit(s) 17 [SEALED], # 19 Exhibit(s) 18 [SEALED])(Gasser, Alexander)
May 22, 2015 Filing 234 Letter Motion from Counsel for Dynamic Advances, LLC, Rensselaer Polytechnic Institute requesting Application to Seal Documents submitted to Judge Peebles . (Attachments: # 1 Proposed Order/Judgment)(Gasser, Alexander)
May 21, 2015 Filing 233 RESPONSE in Opposition re 197 MOTION to Strike Untimely Disclosed or Improper Expert Opinions [SEALED] filed by Dynamic Advances, LLC, Rensselaer Polytechnic Institute. (Attachments: # 1 Affidavit Declaration of A. Gasser In Support, # 2 Exhibit(s) 1 [SEALED], # 3 Exhibit(s) 2, # 4 Exhibit(s) 3, # 5 Exhibit(s) 4 [SEALED], # 6 Exhibit(s) 5 [SEALED], # 7 Exhibit(s) 6, # 8 Exhibit(s) 7, # 9 Exhibit(s) 8, # 10 Exhibit(s) 9, # 11 Exhibit(s) 10 [SEALED], # 12 Exhibit(s) 11 [SEALED], # 13 Exhibit(s) 12 [SEALED], # 14 Exhibit(s) 13 [SEALED], # 15 Exhibit(s) 14 [SEALED])(Gasser, Alexander) (Attachment 8 replaced on 5/28/2015) (sal, ). (Attachment 9 replaced on 5/28/2015) (sal, ).
May 21, 2015 Filing 232 Letter Motion from Counsel for Dynamic Advances, LLC, Rensselaer Polytechnic Institute requesting Application to Seal Documents submitted to Judge Peebles . (Attachments: # 1 Proposed Order/Judgment)(Gasser, Alexander)
May 21, 2015 Filing 231 STATEMENT OF MATERIAL FACTS re 200 MOTION for Summary Judgment of Infringement (Apple Inc.'s Response to Plaintiffs' Statement of Undisputed Material Facts) filed by Apple Inc.. (Hadden, Joe)
May 21, 2015 Filing 230 RESPONSE in Opposition re 200 MOTION for Summary Judgment of Infringement [REDACTED] filed by Apple Inc.. (Attachments: # 1 Affidavit Declaration of J. David Hadden, # 2 Exhibit(s) A [REDACTED], # 3 Exhibit(s) B)(Hadden, Joe)
May 21, 2015 Filing 229 RESPONSE in Opposition re 203 MOTION to Strike the Invalidity Report and Selected Invalidity and Damages Opinions of Dr. James Allen filed by Apple Inc.. (Attachments: # 1 Declaration Dr. James Allen, # 2 Exhibit A, # 3 Declaration Hector Ribera, # 4 Exhibit A (REDACTED), # 5 Exhibit B (REDACTED), # 6 Exhibit C (REDACTED), # 7 Exhibit D (REDACTED), # 8 Exhibit E (REDACTED), # 9 Exhibit F (REDACTED), # 10 Exhibit G (REDACTED), # 11 Exhibit H (REDACTED), # 12 Exhibit I (REDACTED), # 13 Exhibit J, # 14 Exhibit K (REDACTED))(Ribera, Hector)
May 21, 2015 Filing 228 Letter Motion from Defendant Apple Inc. for Apple Inc., Apple Inc. requesting Application to File Documents Under Seal submitted to Judge David E. Peebles . (Attachments: # 1 Declaration Jeffrey A. Ware, # 2 Proposed Order/Judgment)(Ware, Jeffrey)
May 21, 2015 Filing 227 AFFIDAVIT re 224 Response in Opposition to Motion re - A. Gasser by Dynamic Advances, LLC, Rensselaer Polytechnic Institute. (Attachments: # 1 Exhibit(s) 32 [SEALED], # 2 Exhibit(s) 33 [SEALED], # 3 Exhibit(s) 34, # 4 Exhibit(s) 35, # 5 Exhibit(s) 36, # 6 Exhibit(s) 37 [SEALED], # 7 Exhibit(s) 38 [SEALED], # 8 Exhibit(s) 39 [SEALED], # 9 Exhibit(s) 40, # 10 Exhibit(s) 41 [SEALED], # 11 Exhibit(s) 42 [SEALED], # 12 Exhibit(s) 43 [SEALED], # 13 Exhibit(s) 44, # 14 Exhibit(s) 45, # 15 Exhibit(s) 45-A, # 16 Exhibit(s) 45-B, # 17 Exhibit(s) 45-C, # 18 Exhibit(s) 45-D, # 19 Exhibit(s) 45-E, # 20 Exhibit(s) 45-F, # 21 Exhibit(s) 45-G, # 22 Exhibit(s) 45-H, # 23 Exhibit(s) 45-I, # 24 Exhibit(s) 45-J, # 25 Exhibit(s) 45-K, # 26 Exhibit(s) 45-L, # 27 Exhibit(s) 45-M, # 28 Exhibit(s) 45-N, # 29 Exhibit(s) 45-O, # 30 Exhibit(s) 45-P, # 31 Exhibit(s) 45-Q, # 32 Exhibit(s) 45-R, # 33 Exhibit(s) 45-S, # 34 Exhibit(s) 45-T, # 35 Exhibit(s) 45-U, # 36 Exhibit(s) 46, # 37 Exhibit(s) 47 [SEALED], # 38 Exhibit(s) 48 [SEALED], # 39 Exhibit(s) 49 [SEALED], # 40 Exhibit(s) 50, # 41 Exhibit(s) 51 [SEALED], # 42 Exhibit(s) 52, # 43 Exhibit(s) 53, # 44 Exhibit(s) 53-A, # 45 Exhibit(s) 53-D, # 46 Exhibit(s) 53-E, # 47 Exhibit(s) 53-F, # 48 Exhibit(s) 53-G, # 49 Exhibit(s) 53-H, # 50 Exhibit(s) 54 [SEALED], # 51 Exhibit(s) 55, # 52 Exhibit(s) 56, # 53 Exhibit(s) 57, # 54 Exhibit(s) 58, # 55 Exhibit(s) 59 [SEALED], # 56 Exhibit(s) 60 [SEALED], # 57 Exhibit(s) 61 [SEALED], # 58 Exhibit(s) 62 [SEALED], # 59 Exhibit(s) 63 [SEALED], # 60 Exhibit(s) 64 [SEALED], # 61 Exhibit(s) 65 [SEALED], # 62 Exhibit(s) 66, # 63 Exhibit(s) 67, # 64 Exhibit(s) 68, # 65 Exhibit(s) 69, # 66 Exhibit(s) 70, # 67 Exhibit(s) 71, # 68 Exhibit(s) 72 [SEALED], # 69 Exhibit(s) 72-A [SEALED], # 70 Exhibit(s) 73, # 71 Exhibit(s) 73-A [SEALED], # 72 Exhibit(s) 74 [SEALED], # 73 Exhibit(s) 75 [SEALED], # 74 Exhibit(s) 76 [SEALED], # 75 Exhibit(s) 77 [SEALED], # 76 Exhibit(s) 78 [SEALED], # 77 Exhibit(s) 79 [SEALED])(Gasser, Alexander)
May 21, 2015 Filing 226 AFFIDAVIT re 224 Response in Opposition to Motion - J. Carbonell by Dynamic Advances, LLC, Rensselaer Polytechnic Institute. (Gasser, Alexander)
May 21, 2015 Filing 225 STATEMENT OF MATERIAL FACTS re 195 MOTION for Summary Judgment of Non-Infringement (RESPONSIVE STATEMENT OF MATERIAL FACTS) filed by Dynamic Advances, LLC, Rensselaer Polytechnic Institute. (Gasser, Alexander)
May 21, 2015 Filing 224 RESPONSE in Opposition re 195 MOTION for Summary Judgment of Non-Infringement filed by Dynamic Advances, LLC, Rensselaer Polytechnic Institute. (Gasser, Alexander)
May 21, 2015 Filing 223 Letter Motion from Dynamic Advances, LLC, Rensselaer Polytechnic Institute for Dynamic Advances, LLC requesting Unopposed Application to File Documents Under Seal submitted to Judge Peebles . (Attachments: # 1 Proposed Order/Judgment)(Gasser, Alexander)
May 21, 2015 Filing 222 LETTER BRIEF withdrawing request for briefing schedule by Dynamic Advances, LLC, Rensselaer Polytechnic Institute. (Gasser, Alexander)
May 21, 2015 TEXT NOTICE TO PARTIES: Counsel is directed to provide by traditional means to Magistrate Judge Peebles a complete, printed copy of each of the responses to the motions, which should include any sealed documents in support. This is helpful to the court since these papers are expected to be voluminous. As previously directed by Magistrate Judge Peebles, counsel must provide the court via email in.pdf format any sealed documents for filing with the court. (cam, )
May 20, 2015 Filing 221 RESPONSE in Opposition re 220 Letter Motion for Dynamic Advances, LLC, Rensselaer Polytechnic Institute requesting Briefing Schedule for Motions to Strike submitted to Judge Peebles filed by Apple Inc.. (Ribera, Hector)
May 20, 2015 Filing 220 Letter Motion for Dynamic Advances, LLC, Rensselaer Polytechnic Institute requesting Briefing Schedule for Motions to Strike submitted to Judge Peebles . (Gasser, Alexander)
May 18, 2015 Filing 219 NOTICE by Apple Inc. OF WITHDRAWAL OF COUNSEL (Lacy Kusters, David)
April 30, 2015 Filing 218 DECLARATION of David Lacey Kusters in Support of Plaintiffs' 199 , 202 , and 213 Applications to Seal Documents. (Lacy Kusters, David) Modified on 5/4/2015 to correctly link it to the appropriate docket nos. (sal, ).
April 29, 2015 Filing 217 ***SEALED DOCUMENT : Plaintiffs Dynamic Advances, LLC and Rensselaer Polytechnic Institute Declaration of Dr. Jaime Carbonell, together with Exhibits A, Appendix B (to Exhibit A), Appendix E (to Exhibit A), Exhibit B, Appendix B (to Exhibit B), Exhibit 1 (to Exhibit B), and Exhibit C, in support of its 200 Motion for Summary Judgment of Infringement, which was inadvertently omitted from Plaintiffs' 4/23/2015 filings, are filed under seal. (sal, ) (Additional attachment(s) added on 4/29/2015: # 1 Exhibit A to Decla. of Carbonell, # 2 Exhibit A Appendix B to Carbonell Decla, # 3 Exhibit A Appendix E to Carbonell Decla., # 4 Exhibit B Carbonell Expert Validity Report, # 5 Exhibit B Appendix B to Carbonell Validity Report, # 6 Exhibit B Exhibit 1 to Validity Report, # 7 Exhibit C to Declaration (InterrogatoryResponse)) (sal, ).
April 29, 2015 Opinion or Order Filing 216 TEXT ORDER granting Plaintiffs Dynamic Advances, LLC and Rensselaer Polytechnic Institute 213 Letter Request to Seal the Declaration of Dr. Jaime Carbonell, together with Exhibits A, Appendix B (to Exhibit A), Appendix E (to Exhibit A), Exhibit B, Appendix B (to Exhibit B), Exhibit 1 (to Exhibit B), and Exhibit C, in support of its 200 Motion for Summary Judgment of Infringement, which was inadvertently omitted from Plaintiffs' 4/23/2015 filings. Authorized by Magistrate Judge David E. Peebles on 4/29/15. (sal, )
April 28, 2015 Filing 215 AFFIDAVIT in Support re 200 MOTION for Summary Judgment of Infringement - Declaration of Dr. Jaime Carbonell (Part 2) filed by Dynamic Advances, LLC, Rensselaer Polytechnic Institute. (Attachments: # 1 Exhibit(s) B to Declaration (Dr Carbonell Expert Validity Report [SEALED]), # 2 Appendix A to Carbonell Validity Report, # 3 Appendix A to Carbonell Validity Report [SEALED], # 4 Appendix C to Carbonell Validity Report, # 5 Appendix D to Carbonell Validity Report, # 6 Tab 1 to Appendix D to Validity Report, # 7 Tab 2 to Appendix D to Validity Report, # 8 Tab 3 to Appendix D to Validity Report, # 9 Tab 4 to Appendix D to Validity Report, # 10 Exhibit(s) 1 to Validity Report [SEALED], # 11 Exhibit(s) 2.1 to Validity Report, # 12 Exhibit(s) 2.2 to Validity Report, # 13 Exhibit(s) C to Declaration (Interrogatory Response [SEALED]))(Gasser, Alexander)
April 28, 2015 Filing 214 AFFIDAVIT in Support re 200 MOTION for Summary Judgment of Infringement - Declaration of Dr. Jaime Carbonell (Part 1) filed by Dynamic Advances, LLC, Rensselaer Polytechnic Institute. (Attachments: # 1 Exhibit(s) A to Declaration (Dr Carbonell Expert Infringement Report [SEALED]), # 2 Appendix A to Carbonell Infringement Report, # 3 Appendix B to Carbonell Infringement Report [SEALED], # 4 Appendix C to Carbonell Infringement Report, # 5 Appendix D to Carbonell Infringement Report, # 6 Tab 1 to Appendix D to Infringement Report, # 7 Tab 2 to Appendix D to Infringement Report, # 8 Tab 3 to Appendix D to Infringement Report, # 9 Tab 4 to Appendix D to Infringement Report, # 10 Tab 5 to Appendix D to Infringement Report, # 11 Tab 6 to Appendix D to Infringement Report, # 12 Tab 7 to Appendix D to Infringement Report, # 13 Tab 8 to Appendix D to Infringement Report, # 14 Tab 9 to Appendix D to Infringement Report, # 15 Tab 10 to Appendix D to Infringement Report, # 16 Tab 11 to Appendix D to Infringement Report, # 17 Tab 12 to Appendix D to Infringement Report, # 18 Tab 13 to Appendix D to Infringement Report, # 19 Tab 14 to Appendix D to Infringement Report, # 20 Tab 15 to Appendix D to Infringement Report, # 21 Tab 16 to Appendix D to Infringement Report, # 22 Tab 17 to Appendix D to Infringement Report, # 23 Tab 18 to Appendix D to Infringement Report, # 24 Tab 19 to Appendix D to Infringement Report, # 25 Tab 20 to Appendix D to Infringement Report, # 26 Tab 21 to Appendix D to Infringement Report, # 27 Tab 22 to Appendix D to Infringement Report, # 28 Tab 23 to Appendix D to Infringement Report, # 29 Tab 24 to Appendix D to Infringement Report, # 30 Appendix E to Carbonell Infringement Report [SEALED])(Gasser, Alexander)
April 28, 2015 Filing 213 Letter Motion from Counsel for Dynamic Advances, LLC, Rensselaer Polytechnic Institute requesting Unopposed Application to File Documents Under Seal submitted to Judge David Peebles . (Gasser, Alexander)
April 28, 2015 Filing 212 ***SEALED DOCUMENT: Defendant Apple Inc.'s. Memorandum of Law, Statement of Material Facts, Declaration of James Allen and its attached Exhibit A, Declaration of Nicholas Keith Treadgold and its attached Exhibit A, and Exhibits A, C-H, J, and L-Q attached to the Declaration of J. David Hadden, all in Support of Apple Inc.'s 195 Motion for Summary Judgment of Non-Infringement, are filed under seal. (sal, ) (Additional attachment(s) added on 4/28/2015: # 1 Statment of Material Facts, # 2 Treadgold Declaration with Exhibit A, # 3 Allen Declaration with Exhibit A) (sal, ). (Additional attachment(s) added on 4/28/2015: # 4 Exhibit A, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G, # 10 Exhibit H, # 11 Exhibit J, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q) (sal, ).
April 28, 2015 Filing 211 ***SEALED DOCUMENT : Defendant Apple Inc.'s Memorandum of Points and Authorities, Declaration of Ryan J. Marton, and Exhibits B, D-F, L-Q, and S in Support of its Motion 196 to Exclude Testimony of Mr. Robert N. Yerman are filed under seal. (sal, ) (Additional attachment(s) added on 4/28/2015: # 1 Marton Declaration, # 2 Exhibit B, # 3 Exhibit D, # 4 Exhibit E, # 5 Exhibit F, # 6 Exhibit L, # 7 Exhibit M) (sal, ). (Additional attachment(s) added on 4/28/2015: # 8 Exhibit N Part 1, # 9 Exhibit N Part 2, # 10 Exhibit N Part 3, # 11 Exhibit N Part 4, # 12 Exhibit O, # 13 Exhibit P, # 14 Exhibit Q, # 15 Exhibit S) (sal, ).
April 28, 2015 Filing 210 ***SEALED DOCUMENT: Defendant Apple Inc.'s Memorandum of Law in Support, Declaration of Carolyn Chang, and attached Exhibits A-M to its 197 Motion to Strike Untimely Disclosed or Improper Expert Opinions are filed under seal. (sal, ) (Additional attachment(s) added on 4/28/2015: # 1 Declaration of Carolyn Chang, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 8 Exhibit D, # 9 Exhibit E, # 10 Exhibit F, # 11 Exhibit G, # 12 Exhibit H, # 13 Exhibit I, # 14 Exhibit J, # 15 Exhibit K, # 16 Exhibit L, # 17 Exhibit M) (sal, ).
April 28, 2015 Filing 209 ***SEALED DOCUMENT : Plaintiffs Dynamic Advances, LLC and Rensselaer Polytechnic Institute 200 Motion for Summary Judgment of Infringement, together with Statement of Undisputed Material Facts and Exhibits 3, 4, 10-26, and 29-31 in Support, are filed under seal. (sal, ) (Additional attachment(s) added on 4/28/2015: # 1 Statement of Undisputed Facts, # 2 Exhibit 3, # 3 Exhibit 4, # 4 Exhibit 10, # 5 Exhibit 11, # 6 Exhibit 12, # 7 Exhibit 13, # 8 Exhibit 14, # 9 Exhibit 15) , # 10 Exhibit 16, # 11 Exhibit 17, # 12 Exhibit 18, # 13 Exhibit 19, # 14 Exhibit 20, # 15 Exhibit 21, # 16 Exhibit 22, # 17 Exhibit 23, # 18 Exhibit 24, # 19 Exhibit 25, # 20 Exhibit 26, # 21 Exhibit 29, # 22 Exhibit 30, # 23 Exhibit 31) (sal, ).
April 28, 2015 Filing 208 ***SEALED DOCUMENT : Plaintiffs Dynamic Advances, LLC and Rensselaer Polytechnic Institute 203 Motion to Strike the Invalidity Report and Selected Invalidity and Damages Opinions of Dr. James Allen, together with the Gasser Declaration and Memorandum of Law in Support, and Exhibits 1-6 attached thereto are filed under seal. (sal, ) (Additional attachment(s) added on 4/28/2015: # 1 Gasser Declaration, # 2 Memorandum of Law in Support, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5 , # 8 Exhibit 6) (sal, ).
April 24, 2015 Opinion or Order Filing 207 ORDER granting Plaintiffs Rensselaer Polytechnic Institute and Dynamic Advances' 199 Letter Motion to Seal Certain Douments in Support of Plaintiffs' 200 Motion for Summary Judgment of Infringement as follows: Exhibits 3, 4, 10-26, 29-31. Signed by Magistrate Judge David E. Peebles on 4/24/15. (sal, )
April 24, 2015 Opinion or Order Filing 206 ORDER granting Plaintiffs Rensselaer Polytechnic Institute and Dynamic Advances' 202 Letter Motion to Seal Plaintiffs' 203 Motion to Strike the Invalidity Report and Selected Invalidity and Damages Opinions of Dr. James Allen and Exhibits 1-6 attached thereto, as each contains information designated by Defendant Apple Inc. as CONFIDENTIAL and CONFIDENTIAL - OUTSIDE ATTORNEY'S EYES ONLY per the Protective Order. Signed by Magistrate Judge David E. Peebles on 4/24/15. (sal, )
April 24, 2015 Opinion or Order Filing 205 ORDER granting Apple Inc.'s 194 Letter Request to Seal the following documents: 1) Memorandum of Law in Support of Apple Inc.'s 195 Motion for Summary Judgment of Non-Infringement, 2) Defendant Apple Inc.'s Statement of Material Facts in Support of the 195 Motion for Summary Judgment of Non-Infringement; 3) Declaration of James Allen in Support of Apple Inc.'s 195 Motion for Summary Judgment of Non-Infringement and its attached Exhibit A; 4) Declaration of Nicholas Keith Treadgold in Support of Apple's 195 Motion for Summary Judgment of Non-Infringement and its attached Exhibit A; and 5) Exhibits A, C-H, J, and L-Q attached to the Declaration of J. David Hadden in Support of Apple Inc.'s 195 Motion for Summary Judgment of Non-Infringement. With respect to Defendant Apple Inc.'s Motion 196 for to Exclude Testimony of Mr. Robert N. Yerman, Defendant Apple Inc.'s. Memorandum of Points and Authorities in Support, the Declaration of Ryan J. Marton in Support and Exhibits B, D-F, L-Q, and S attached thereto are filed under seal. Turning to Defendant Apple Inc.'s 197 Motion to Strike Untimely Disclosed or Improper Expert Opinions, the Memorandum of Law in Support, Declaration of Carolyn Chang and attached Exhibits A-M are filed under seal. Signed by Magistrate Judge David E. Peebles on 4/24/15. (sal, )
April 24, 2015 Filing 204 AFFIDAVIT in Support re 203 MOTION to Strike the Invalidity Report and Selected Invalidity and Damages Opinions of Dr. James Allen Declaration of Alexander E. Gasser in Support filed by Dynamic Advances, LLC, Rensselaer Polytechnic Institute. (Skiermont, Paul)
April 24, 2015 Filing 203 MOTION to Strike the Invalidity Report and Selected Invalidity and Damages Opinions of Dr. James Allen Motion Hearing set for 6/26/2015 10:00 AM in Syracuse before Magistrate Judge David E. Peebles Response to Motion due by 6/9/2015 Reply to Response to Motion due by 6/15/2015. filed by Dynamic Advances, LLC, Rensselaer Polytechnic Institute. (Attachments: # 1 Exhibit(s) 1-5) (Skiermont, Paul)
April 24, 2015 Filing 202 Letter Motion from Plaintiffs Rensselaer Polytechnic Institute and Dynamic Advances for Dynamic Advances, LLC, Rensselaer Polytechnic Institute requesting to Seal Documents submitted to Judge David Peebles . (Skiermont, Paul) Modified on 4/24/2015 to indicate this is an appl. to seal certain documents and not a motion to strike (sal, ).
April 24, 2015 Filing 201 AFFIDAVIT re 200 MOTION for Summary Judgment of Infringement Declaration of Alexander E. Gasser In Support of Plaintiffs' Motion by Dynamic Advances, LLC, Rensselaer Polytechnic Institute. (Skiermont, Paul)
April 24, 2015 TEXT NOTICE of Hearing on Motion 195 for Summary Judgment of Non-Infringement filed by Apple, Inc.; Motion 196 Exclude Testimony of Mr. Robert N. Yerman filed by Apple, Inc.; Motion 197 to Strike Untimely Disclosed or Improper Expert Opinions filed by Apple, Inc.; Motion 200 for Summary Judgment of Infringement filed by Dynamic Advances, LLC, Rensselaer Polytechnic Institute; and Motion 203 to Strike the Invalidity Report and Selected Invalidity and Damages Opinions of Dr. James Allen filed by Dynamic Advances, LLC, Rensselaer Polytechnic Institute: As previously stipulated by the parties, opposition briefs and related papers are due to be filed on or before 5/21/2015. Reply briefs due to be filed on or before 6/4/2015. Motion Hearing is set for 6/26/2015 at 10:00 AM in Syracuse, 10th Floor, before Magistrate Judge David E. Peebles. ORAL ARGUMENT WILL BE HEARD AND APPEARANCES ARE REQUIRED. If any technology is needed for this motion hearing, counsel must promptly advise CRD for Magistrate Judge Peebles, Shelly Muller, what type of electronics they intend to use in order to accommodate this request and to test the equipment prior to the date of the proceeding. (sal, ) Modified on 4/24/2015 to delete reference to 202 motion, which is actually a letter motion to seal certain documents (sal, ).
April 24, 2015 CLERK'S CORRECTION OF DOCKET ENTRY re 202 Motion to Strike. This document is actually a letter motion to seal certain documents regarding plaintiffs' 203 motion to strike the invalidity report and selected invalidity and damages opinions of Dr. James Allen. The clerk has modified Dkt. No. 202 to reflect this change. (sal, )
April 23, 2015 Filing 200 MOTION for Summary Judgment of Infringement Motion Hearing set for 6/26/2015 10:00 AM in Syracuse before Magistrate Judge David E. Peebles Response to Motion due by 6/9/2015 Reply to Response to Motion due by 6/15/2015. filed by Dynamic Advances, LLC, Rensselaer Polytechnic Institute. (Attachments: # 1 Statement of Material Facts, # 2 Exhibit(s) 1, # 3 Exhibit(s) 2_1, # 4 Exhibit(s) 2_2, # 5 Exhibit(s) 3, # 6 Exhibit(s) 4, # 7 Exhibit(s) 5, # 8 Exhibit(s) 6, # 9 Exhibit(s) 7, # 10 Exhibit(s) 8, # 11 Exhibit(s) 9, # 12 Exhibit(s) 10, # 13 Exhibit(s) 11, # 14 Exhibit(s) 12, # 15 Exhibit(s) 13, # 16 Exhibit(s) 14, # 17 Exhibit(s) 15, # 18 Exhibit(s) 16, # 19 Exhibit(s) 17, # 20 Exhibit(s) 18, # 21 Exhibit(s) 19, # 22 Exhibit(s) 20, # 23 Exhibit(s) 21, # 24 Exhibit(s) 22, # 25 Exhibit(s) 23, # 26 Exhibit(s) 24, # 27 Exhibit(s) 25, # 28 Exhibit(s) 26, # 29 Exhibit(s) 27, # 30 Exhibit(s) 28, # 31 Exhibit(s) 29, # 32 Exhibit(s) 30, # 33 Exhibit(s) 31) (Skiermont, Paul)
April 23, 2015 Filing 199 Letter Motion from Plaintiffs Rensselaer Polytechnic Institute and Dynamic Advances for Dynamic Advances, LLC, Rensselaer Polytechnic Institute requesting Unopposed Application to Seal Document submitted to Judge David Peebles . (Attachments: # 1 Exhibit(s) 1 - Proposed Order)(Skiermont, Paul)
April 23, 2015 Filing 198 STATEMENT OF MATERIAL FACTS re 195 MOTION for Summary Judgment of Non-Infringement [REDACTED] filed by Apple Inc.. (Hadden, Joe)
April 23, 2015 Filing 197 MOTION to Strike Untimely Disclosed or Improper Expert Opinions Motion Hearing set for 6/26/2015 10:00 AM in Syracuse before Magistrate Judge David E. Peebles Response to Motion due by 6/9/2015 Reply to Response to Motion due by 6/15/2015. filed by Apple Inc.. (Attachments: # 1 Memorandum of Law, # 2 Declaration Carolyn Chang, # 3 Exhibit(s) A_[REDACTED] APL-DynAdv_00188819 (12 pp), # 4 Exhibit(s) B_[REDACTED] Yerman, Robert (2015 03 05) EXCERPT (19 pp), # 5 Exhibit(s) C_[REDACTED] Ex 008 (Yerman)_Siri Deferred Revenue Analysis-OCR (13 pp), # 6 Exhibit(s) D_[REDACTED] 2015 03 17 Gasser email to Ware (3 pp.), # 7 Exhibit(s) E_[REDACTED] Malackowski, James (2015 03 09) EXCERPT (10 pp), # 8 Exhibit(s) F_[REDACTED] 2013 03 05 DA Infringement Contentions EXCERPT (12 pp), # 9 Exhibit(s) G_[REDACTED] 2014 08 11 Supp Infringement Contentions EXCERPT (9 pp), # 10 Exhibit(s) H_[REDACTED] [Set 2] 2014 11 21 DA First Supplemental Response to Rogs (16) (21 pp), # 11 Exhibit(s) I_[REDACTED] 2014 12 15 Apple Opening Invalidity Report of Dr. James Allen (166 pp), # 12 Exhibit(s) J_[REDACTED] Carbonell, Jaime (2015 03 19) EXCERPT (19 pp), # 13 Exhibit(s) K_[REDACTED] Allen, James (2015 03 20) EXCERPT (11 pp), # 14 Exhibit(s) L_[REDACTED] Allen, James (2015 03 21) EXCERPT (11 pp), # 15 Exhibit(s) M_[REDACTED] Carbonell, Jaime (2015 03 22) EXCERPT (12 pp), # 16 Exhibit(s) N_Formation of Queries from Natural Language EXCERPTS (13 pp), # 17 Exhibit(s) O_US6144989 (69 pp)) (Chang, Carolyn)
April 23, 2015 Filing 196 MOTION Exclude Testimony of Mr. Robert N. Yerman Motion Hearing set for 6/26/2015 10:00 AM in Syracuse before Magistrate Judge David E. Peebles Response to Motion due by 6/9/2015 filed by Apple Inc.. (Attachments: # 1 Memorandum of Law, # 2 Declaration Ryan J. Marton, # 3 Exhibit(s) A_US7177798 (41 pp.), # 4 Exhibit(s) B - [REDACTED] Expert Report of Jamie G. Carbonell_Excerpted (5 pp), # 5 Exhibit(s) C_Apple - iOS 8 - Siri - OCR (5 pp), # 6 Exhibit(s) D - [REDACTED] Plaintiffs RPI and DA Opening Damages Report of Yerman (210 pp), # 7 Exhibit(s) E - [REDACTED] APL-DynAdv_00090438_Color (138 pp), # 8 Exhibit(s) F - [REDACTED] APL-DynAdv_00171707 EXCERPTS (8 pp.), # 9 Exhibit(s) G_Apple - Press Info - Apple Presents iPhone 4_Color - OCR (4 pp.), # 10 Exhibit(s) H_Apple - Press Info - Apple Launches iPhone 4S, iOS 5 & iCloud_Color (4 pp.), # 11 Exhibit(s) I_Apple - Press Info - Apple Introduces iPhone 5_Color (4 pp.), # 12 Exhibit(s) J_Apple - Press Info-Apple Announces iPhone 5s (4 pp.), # 13 Exhibit(s) K_Apple - Press Info-Apple Announces iPhone 6 & iPhone 6 Plus (4 pp.), # 14 Exhibit(s) L - [REDACTED] 2015 01 15 Apple Inc.'s Expert Report of Dr. Simonson_Confidential_AEO (43 pp), # 15 Exhibit(s) M - [REDACTED] Yerman, Robert (2015 03 05) full w corrections (305 pp.), # 16 Exhibit(s) N - [REDACTED] APL-DynAdv_00185798 (242 pp), # 17 Exhibit(s) O - [REDACTED] Risher, Jeff (2014 10 20) with corrections EXCERPTS (15 pp), # 18 Exhibit(s) P - [REDACTED] APL-DynAdv_00088576 - OCR (75 pp), # 19 Exhibit(s) Q - [REDACTED] APL-DynAdv_00088650 - OCR (24 pp), # 20 Exhibit(s) R_US 2012_0016678 Published Application (101 pp), # 21 Exhibit(s) S - [REDACTED] Carbonell Transcript Combined EXCERPTS (32 pp)) (Marton, Ryan)
April 23, 2015 Filing 195 MOTION for Summary Judgment of Non-Infringement Motion Hearing set for 6/26/2015 10:00 AM in Syracuse before Magistrate Judge David E. Peebles Response to Motion due by 6/9/2015 Reply to Response to Motion due by 6/15/2015. filed by Apple Inc.. (Attachments: # 1 Memorandum of Law [Redacted], # 2 Declaration J. David Hadden, # 3 Exhibit(s) A [Redacted] to Hadden Decl, # 4 Exhibit(s) B to Hadden Decl, # 5 Exhibit(s) C [Redacted] to Hadden Decl, # 6 Exhibit(s) D [Redacted] to Hadden Decl, # 7 Exhibit(s) E [Redacted] to Hadden Decl, # 8 Exhibit(s) F [Redacted] to Hadden Decl, # 9 Exhibit(s) G [Redacted] to Hadden Decl, # 10 Exhibit(s) H [Redacted] to Hadden Decl, # 11 Exhibit(s) I to Hadden Decl, # 12 Exhibit(s) J [Redacted] to Hadden Decl, # 13 Exhibit(s) K to Hadden Decl, # 14 Exhibit(s) L [Redacted] to Hadden Decl, # 15 Exhibit(s) M [Redacted] to Hadden Decl, # 16 Exhibit(s) N [Redacted] to Hadden Decl, # 17 Exhibit(s) O [Redacted] to Hadden Decl, # 18 Exhibit(s) P [Redacted] to Hadden Decl, # 19 Exhibit(s) Q [Redacted] to Hadden Decl, # 20 Declaration of Nicholas Keith Treadgold [Redacted], # 21 Exhibit(s) A to Treadgold Decl [Redacted], # 22 Declaration of James Allen [Redacted], # 23 Exhibit(s) A to Allen Decl [Redacted]) (Hadden, Joe)
April 23, 2015 Filing 194 Letter Motion from Defendant Apple Inc. for Apple Inc., Apple Inc. requesting Unopposed Application to File Documents Under Seal submitted to Judge David Peebles . (Attachments: # 1 Declaration of David M. Lacy Kusters, # 2 Proposed Order/Judgment)(Lacy Kusters, David)
April 8, 2015 Opinion or Order Filing 193 ORDER Approving 192 Joint Stipulation re Briefing Schedule and Other Limits for Summary Judgment, Daubert, and Other Motions as detailed herein. Opening briefs and motion papers are due to be filed on or before 4/23/2015. Opposition brief and related papers are due to be filed on or before 5/21/2015. Reply brief due to be filed on or before 6/4/2015. Signed by Magistrate Judge David E. Peebles on 4/8/15. (sal, )
April 7, 2015 Filing 192 STIPULATION Jointly Requesting Briefing Schedule and Other Limits for Summary Judgment and Other Motions by Apple Inc. and by Dynamic Advances, LLC, Rensselaer Polytechnic Institute submitted to Judge Peebles. (Gasser, Alexander)
March 31, 2015 Opinion or Order Filing 191 TEXT ORDER: Due to logistical issues with the court, the dispositive motion filing deadline is extended in this matter until 4/23/2015. Authorized by Magistrate Judge David E. Peebles on 3/31/15. (sal, )
March 31, 2015 TEXT Minute Entry for proceedings held before Magistrate Judge David E. Peebles: Telephone Conference held on 3/31/2015. Parties are negotiating a briefing schedule for the dispositive motions that will be filed by 4/16/2015. Judge gives the parties permission to file any non-dispositive motions that are in connection with the anticipated dispositive motions. Parties have not made much progress in their settlement discussions at this time. APP: Alexander Gasser, Esq., Paul Skiermont, Esq., James Muldoon, Esq., Hector Ribera, Esq., David Lacy Kusters, Esq., Ryan Marton, Esq., and Mitchell Katz, Esq.. (sal, )
February 17, 2015 Opinion or Order Filing 190 TEXT ORDER approving the 189 stipulation to extend the deadline for completion of expert discovery until 3/23/2015 and the filing of dispositive motions until 4/16/2015. Authorized by Magistrate Judge David E. Peebles on on 2/17/15. (sal, )
February 17, 2015 Set Hearings: The Status Telephone Conference set for 2/19/2015 at 3:00 PM is rescheduled for 3/31/2015 at 4:00 PM before Magistrate Judge David E. Peebles. Plaintiffs' counsel is directed to initiate the call to Chambers, which can be reached at (315) 234-8620. (sal, )
February 13, 2015 Filing 189 STIPULATION re 174 Order on Letter Request, Further Extending Completion of Expert Discovery and Filing of Dispositive Motions by Apple Inc. submitted to Judge David E. Peebles. (Lacy Kusters, David)
January 6, 2015 Filing 188 ***SEALED DOCUMENT : Exhibits C, D, and E attached to and in support of Apple Inc.'s Response to Pltf's 185 Letter Motion are filed under seal. (sal, ) (Additional attachment(s) added on 1/6/2015: # 1 Exhibit D, # 2 Exhibit E) (sal, ).
January 6, 2015 Opinion or Order TEXT ORDER granting 184 Letter Request. Plaintiff's request for permission to file a motion to strike is GRANTED. The motion authorized, however, shall be filed at the time dispositive motions are made. The parties are advised that the court will not be inclined to reopen discovery regardless of the outcome of plaintiff's anticipated motion. Authorized by Magistrate Judge David E. Peebles on 1/6/15. (cam, )
January 5, 2015 Opinion or Order Filing 187 ORDER granting 186 Motion to file Exhibits C, D, and E attached to and in support of Apple Inc.'s Response to Pltf's 185 Letter Brief under seal. Signed by Magistrate Judge David E. Peebles on 1/5/15. (sfp, )
January 5, 2015 Filing 186 MOTION Application to File Exhibits C, D and E Under Seal re 185 LETTER BRIEF, filed by Apple Inc.. (Attachments: # 1 Proposed Order/Judgment) (Hadden, Joe)
January 5, 2015 Filing 185 Response in Opposition to Plaintiffs' Letter Brief Seeking Permission to Strike Prior Art References by Apple Inc.. (Attachments: # 1 Exhibit(s) Exhibit A, # 2 Exhibit(s) Exhibit B, # 3 Exhibit(s) Exhibit C Filed Under Seal, # 4 Exhibit(s) Exhibit D Filed Under Seal, # 5 Exhibit(s) Exhibit E Filed Under Seal)(Hadden, Joe) Modified on 1/6/2015 to reflect its a response. (sal, ).
December 31, 2014 Filing 184 Letter Motion Seeking Permission to Strike Untimely Disclosed References from Apple's Opening Expert Report on Invalidity by Dynamic Advances, LLC, Rensselaer Polytechnic Institute. (Attachments: # 1 Exhibit(s) 1, # 2 Exhibit(s) 2, # 3 Exhibit(s) 3, # 4 Exhibit(s) 4)(Skiermont, Paul) Modified on 1/6/2015 to make a pending motion (sal, ).
December 17, 2014 Reset Hearings: Based upon counsel's request, the Status Telephone Conference set for 12/18/2014 at 3:30 PM is rescheduled for 2/19/2015 at 3:00 PM before Magistrate Judge David E. Peebles. Plaintiffs' counsel is directed to initiate the call to Chambers, which can be reached at (315) 234-8620. (sal)
December 9, 2014 Opinion or Order Filing 183 TEXT ORDER : Plaintiffs' letter motion (Dkt. No. 180 ) for permission to file a preclusion motion is GRANTED, however, this motion should be made at the time of filing dispositive motions. When making the contemplated motion, counsel should be prepared to demonstrate that they have conferred in good faith with Apple's attorneys to cure any deficiencies. Authorized by Magistrate Judge David E. Peebles on 12/9/14. (sal, )
December 9, 2014 Filing 182 ***SEALED DOCUMENT : Response dated 12/8/2014 by Apple, Inc. in opposition to plaintiffs' 180 letter request for permission to file a further motion for sanctions. (sal, ) (sal, ).
December 9, 2014 Opinion or Order Filing 181 TEXT ORDER granting 178 Letter Request by Apple, Inc. to file under seal its response in opposition to plaintiffs' 180 letter request for permission to file a further motion for sanctions. Authorized by Magistrate Judge David E. Peebles on 12/9/14. (sal, )
December 8, 2014 Filing 180 ***SEALED DOCUMENT : Letter dated 12/5/2014 by Plaintiffs Dynamic Advances, LLC and Rensselaer Polytechnic Institute to Magistrate Judge David E. Peebles requesting permission to file a further motion for sanctions. (sal, ) (sal, ).
December 8, 2014 Opinion or Order Filing 179 TEXT ORDER granting 177 Letter Request by plaintiffs to file the 12/5/2014 letter to the court under seal. Authorized by Magistrate Judge David E. Peebles on 12/9/14. (sal, )
December 8, 2014 Filing 178 Letter Motion by Apple Inc. to File Under Seal its Response in Opposition to Plaintiffs' 180 Letter (Attachments: # 1 Proposed Order/Judgment)(Chang, Carolyn) Modified on 12/9/2014 to make a letter motion (sal, ).
December 5, 2014 Filing 177 Letter Motion for Dynamic Advances, LLC, Rensselaer Polytechnic Institute requesting Application to Seal submitted to Judge Peebles , regarding December 5, 2015 letter to Court. (Gasser, Alexander)
November 20, 2014 Opinion or Order Filing 176 DECISION AND ORDER: ORDERED that plaintiffs are hereby awarded the sum of $104,964 in attorney's fees, and an additional amount of $8,599 in costs and disbursements, for a total award of $113,563 in connection with the cross-motions argued on September 10, 2014. Payment of that amount must be made by the defendant within thirty days of the date of this order. Signed by Magistrate Judge David E. Peebles on 11/20/2014. (hmr)
November 7, 2014 Filing 175 NOTICE by Dynamic Advances, LLC, Rensselaer Polytechnic Institute of Withdrawal of Lenny Huang as Counsel (Gasser, Alexander)
October 30, 2014 Opinion or Order Filing 174 TEXT ORDER granting 172 Letter Request subject to the conditions set forth in Apple's 173 letter to the court. The deadlines are extended as follows: close of fact discovery is due by 11/21/2014; opening expert reports are due by 12/15/2014; rebuttal expert reports are due by 1/15/2015; close of expert discovery is due by 2/16/2015; and dispositive motions to be filed by 3/16/2015. Authorized by Magistrate Judge David E. Peebles on 10/30/14. (sal, )
October 30, 2014 Filing 173 RESPONSE to plaintiffs' 172 Letter Motion by Apple Inc.. (Chang, Carolyn) Modified on 10/30/2014 to indicate this is a response (sal, ).
October 29, 2014 Filing 172 Letter Motion for Dynamic Advances, LLC, Rensselaer Polytechnic Institute requesting Adjustment of deadlines for close of fact discovery and opening expert reports submitted to Judge Peebles . (Skiermont, Paul)
October 29, 2014 TEXT NOTICE : Counsel for Apple is directed to notify the court, in writing, by noon tomorrow whether or not it opposess the 172 letter motion by Dynamic Advances, LLC and Rensselaer Polytechnic Institute requesting an adjustment of the deadlines. (sal)
October 28, 2014 Opinion or Order Filing 171 TEXT ORDER approving 170 stipulation for the deposition of Dynamic Advances under Rule 30(b)(6) and of Audrey Spangenberg to take place after the 10/30/2014 fact discovery deadline. Authorized by Magistrate Judge David E. Peebles on 10/28/14. (sal, )
October 27, 2014 Filing 170 NOTICE by Apple Inc. Regarding Stipulation Re Spangenberg Deposition (Marton, Ryan)
October 17, 2014 Filing 169 REPLY to Response to Motion re 157 MOTION for Attorney Fees filed by Dynamic Advances, LLC, Rensselaer Polytechnic Institute. (Attachments: # 1 Declaration of Paul Skiermont, # 2 Exhibit(s) A to Skiermont Declaration, # 3 Exhibit(s) B to Skiermont Declaration)(Skiermont, Paul)
October 16, 2014 Filing 168 AFFIDAVIT Declaration to maintain the seal provided by the October 9, 2014 Text Order (Dkt. 164), granting Defendant Apple's request (Dkt. 161) to seal Exhibits A and B (Dkt. 165) to the Chang Declaration In Support of Apple Inc.'s Response to Plaintiffs' Petition for Fees. by Dynamic Advances, LLC, Rensselaer Polytechnic Institute. (Gasser, Alexander)
October 14, 2014 Opinion or Order Filing 167 TEXT ORDER granting 166 Letter Request to file a reply to plaintiffs' 157 motion for attorneys' fees and is limited to five pages. Authorized by Magistrate Judge David E. Peebles on 10/14/14. (sal, )
October 13, 2014 Filing 166 Letter Motion from Plaintiffs for Dynamic Advances, LLC, Rensselaer Polytechnic Institute requesting Reply to Apple's Response (Dkt. 162) to RPI's Fee Petition (Dkt. 157) submitted to Judge Peebles . (Skiermont, Paul)
October 9, 2014 Filing 165 ***SEALED DOCUMENT : Exhibits A and B attached to the Declaration of Carolyn Chang in Support of Apple Inc.'s 162 Response to Plaintiffs' Motion 157 for Fees are filed under seal. (sal, ) (Additional attachment(s) added on 10/9/2014: # 1 Exhibit B) (sal, ).
October 9, 2014 Opinion or Order Filing 164 TEXT ORDER granting 161 Motion to Seal Exhibits A and B attached to the Declaration of Carolyn Chang in Support of Apple Inc.'s 162 Response to Plaintiffs' 157 Motion for Fees. Authorized by Magistrate Judge David E. Peebles on 10/9/14. (sal, )
October 8, 2014 Filing 163 AFFIDAVIT Declaration to support the seal of certain court filings, per the October 2, 2014 Text Order (Dkt. 159) by Dynamic Advances, LLC, Rensselaer Polytechnic Institute. (Attachments: # 1 Exhibit(s) 1 - Decl. of Paul J. Skiermont)(Gasser, Alexander)
October 8, 2014 Filing 162 RESPONSE to Motion re 157 MOTION for Attorney Fees filed by Apple Inc.. (Attachments: # 1 Declaration of Carolyn Chang, # 2 Exhibit A to Chang Decl ISO Apple's Resp to Fee Pet (7 pp)(REDACTED), # 3 Exhibit B to Chang Decl ISO Apple's Resp to Fee Pet (12 pp)(REDACTED))(Chang, Carolyn)
October 8, 2014 Filing 161 MOTION To File Under Seal Exhibits A and B to Chang Declaration In Support of Apple Inc.'s Response to Plaintiffs' Petition for Fees filed by Apple Inc.. (Attachments: # 1 Proposed Order/Judgment) (Chang, Carolyn)
October 2, 2014 Filing 160 ***SEALED DOCUMENT : The Skiermont Declaration and Exhibits A & B filed in support of the 157 Motion for Attorneys Fees by Rensselaer Polytechnic Institute and Dynamic Adavances, LLC are filed under seal. (sal, ) (Additional attachment(s) added on 10/2/2014: # 1 Exhibit A, # 2 Exhibit B) (sal, ).
October 2, 2014 Opinion or Order Filing 159 TEXT ORDER granting 158 Corrected Motion to Seal the Skiermont Declaration and Exhibits A & B filed in support of the 157 Motion for Attorneys Fees by Rensselaer Polytechnic Institute and Dynamic Adavances, LLC. Defendant's response to this 157 motion for attorneys fees is due on or before 10/8/2014. The court notes that the 156 Application to Seal was filed in error and no action will be taken by the court as to this document. Authorized by Magistrate Judge David E. Peebles on 10/2/14. (sal, )
October 2, 2014 Filing 158 CORRECTED MOTION Application to File Documents Under Seal re 157 MOTION for Attorney Fees filed by Dynamic Advances, LLC. This document corrects Dkt. No. 156 as that document was filed in error. (Muldoon, James) Modified on 10/2/2014 (sal, ).
October 2, 2014 Set Deadlines as to 157 MOTION for Attorney Fees : Response to Motion due by 10/8/2014. This motion is taken on submit basis and no appearances are required. A written decision will be forthcoming. (sal, )
October 1, 2014 Filing 157 MOTION for Attorney Fees filed by Dynamic Advances, LLC. (Attachments: # 1 Memorandum of Law, # 2 Exhibit(s) A, # 3 Exhibit(s) B, # 4 Exhibit(s) C, # 5 Exhibit(s) D, # 6 Exhibit(s) E, # 7 Exhibit(s) F, # 8 Exhibit(s) G, # 9 Exhibit(s) H, # 10 Exhibit(s) I, # 11 Exhibit(s) J, # 12 Exhibit(s) K, # 13 Exhibit(s) L, # 14 Exhibit(s) M, # 15 Exhibit(s) N) (Muldoon, James) Modified on 10/2/2014 to indicate Declaration is actually the Memorandum of Law (sal, ).
October 1, 2014 Filing 156 MOTION for Partial Summary Judgment , MOTION Application to File Documents Under Seal filed by Dynamic Advances, LLC. (Muldoon, James)
October 1, 2014 Filing 155 TRANSCRIPT of Proceedings: Motion Hearing held on 9/10/2014 before Judge David E. Peebles, Court Reporter: Jodi L. Hibbard, Telephone number: (315) 234-8547. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must electronically file a Notice of Intent to Request Redaction with the Clerk's Office within 5 business days of this date. The policy governing the redaction of personal information is located on the court website at www.nynd.uscourts.gov. Read this policy carefully. If no Notice of Intent to Redact is filed within 5 business days of this date, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available on the web 90 days from today's date. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/22/2014. Redacted Transcript Deadline set for 11/3/2014. Release of Transcript Restriction set for 12/30/2014. Notice of Intent to Redact due by 10/6/2014 (jlh, )
September 30, 2014 Opinion or Order Filing 154 ORDER Approving 153 Stipulation regarding Apple Inc.'s Production of Documents. Signed by Magistrate Judge David E. Peebles on 9/30/14. (sal, )
September 29, 2014 Filing 153 STIPULATION re 150 Order on Motion to Compel,,,,,,,,,,,,,,,,, by Apple Inc. submitted to Judge Peebles. (Chang, Carolyn)
September 20, 2014 Filing 152 AFFIDAVIT Declarations to support the seal of Proposed Order on Apples Motion to Compel, (Dkt. 142) and the sealed version (Dkt. 151) of the September 17, 2014 Order regarding defendants motion to compel by Dynamic Advances, LLC, Rensselaer Polytechnic Institute. (Gasser, Alexander)
September 17, 2014 Filing 151 ***SEALED DOCUMENT : SEALED VERSION of the 150 Order filed on 9/17/2014 regarding defendant's 117 motion to compel discovery and limit the number of claims asserted in this action; and plaintiffs' 118 motion to compel discovery. Signed by Magistrate Judge David E. Peebles on 9/17/2014. (Served all counsel by e-mail). (sal, ) (sal, ).
September 17, 2014 Opinion or Order Filing 150 [REDACTED VERSION] ORDER: Defendant's 117 motion to compel discovery and limit the number of claims asserted in this action is GRANTED in part and DENIED in part as stated herein. No costs or attorney's fees are awarded to any party in connection with defendant's motion, including those that would otherwise be awardable under Rule 37(a)(5) of the Federal Rules of Civil Procedure. Plaintiffs' 118 motion to compel discovery is GRANTED in part and DENIED in part as stated herein. Defendant is directed to pay all reasonable expenses, including reasonable attorney's fees, incurred by plaintiffs as a result of the failed Denison deposition. Those expenses include those incurred in preparing and arguing plaintiffs' motion to compel discovery (Dkt. No. 118 ), subject to reasonable apportionment. In accordance with the foregoing paragraph, within fourteen (14) days of the date of this order, plaintiffs shall prepare and submit to the court a proper fee application that includes adequate evidentiary support in accordance with the law of this circuit. Defendant will thereafter have seven (7) days from the date of filing of that application to object to the amounts sought by plaintiffs. In light of the obligations imposed in this order, the following deadlines are hereby extended: Fact Discovery is extended until 10/30/2014, Opening Expert Reports are due by 11/13/2014, Rebuttal Expert Reports are due by 12/15/2014, Close of Expert Discovery is due by 1/15/2015, and Dispositive Motions are due by 2/16/2015. Having determined that the parties' interests in maintaining the confidentiality of the redacted information outweighs the public's First Amendment right of access to this order as a judicial document, the original of this order shall be filed under seal. A redacted version of this order shall also be filed by the clerk and will be publicly available through CM/ECF and PACER. Signed by Magistrate Judge David E. Peebles on 9/17/14. sal )
September 17, 2014 Set Deadlines: Based upon the 150 Order, the following deadlines are extended - Fact Discovery is extended until 10/30/2014, Opening Expert Reports are due by 11/13/2014, Rebuttal Expert Reports are due by 12/15/2014, Close of Expert Discovery is due by 1/15/2015, and Dispositive Motions are due by 2/16/2015. (sal, )
September 17, 2014 Set/Reset Hearings: A Telephone Conference is set for 12/18/2014 at 3:30 PM before Magistrate Judge David E. Peebles. Plaintiffs' counsel is directed to initiate the call to Chambers, which can be reached at (315) 234-8620. (sal, )
September 15, 2014 Filing 149 ***SEALED DOCUMENT : The unredacted version of the 142 proposed order filed by Apple Inc.. (sal, ) (sal, ).
September 15, 2014 Opinion or Order Filing 148 TEXT ORDER granting 144 Letter Motion to file under seal the unredacted version of the 142 proposed order filed by Apple Inc.. Authorized by Magistrate Judge David E. Peebles on 9/15/14. (sal, )
September 13, 2014 Filing 147 AFFIDAVIT Declarations to support the seal of certain court filings, per the September 8, 2014 Text Order (Dkt. 138) by Dynamic Advances, LLC, Rensselaer Polytechnic Institute. (Gasser, Alexander)
September 12, 2014 Filing 146 NOTICE by Apple Inc. re 143 Notice (Other) Objections to Plaintiffs' Proposed Order (Chang, Carolyn)
September 12, 2014 Filing 145 NOTICE by Dynamic Advances, LLC, Rensselaer Polytechnic Institute re 142 Notice (Other) Plaintiffs' Objections to Defendant Apple's Proposed Order (Gasser, Alexander)
September 11, 2014 Filing 144 MOTION to File Under Seal re 142 Notice (Other) filed by Apple Inc.. (Attachments: # 1 Proposed Order/Judgment) (Chang, Carolyn) Modified on 9/15/2014 to remove ex parte restriction (sal, ).
September 11, 2014 Filing 143 NOTICE by Dynamic Advances, LLC, Rensselaer Polytechnic Institute of Proposed Order Granting-in-Part and Denying-in-Part Plaintiffs' Motion to Compel and Granting Sanctions against Apple (Gasser, Alexander)
September 11, 2014 Filing 142 REDACTED NOTICE by Apple Inc. re Proposed Order Granting Apple's Motion to Compel (Chang, Carolyn) Modified on 9/15/2014 to indicate this is redacted (sal, ).
September 11, 2014 Filing 141 TRANSCRIPT REQUEST by Apple Inc. for proceedings held on 09/10/2014 before Judge Peebles.. (Katz, Mitchell)
September 11, 2014 Filing 140 TRANSCRIPT REQUEST by Dynamic Advances, LLC, Rensselaer Polytechnic Institute for proceedings held on September 10, 2014 before Judge David E. Peebles.. (Muldoon, James)
September 10, 2014 TEXT Minute Entry for proceedings held before Magistrate Judge David E. Peebles: Motion Hearing held on 9/10/2014 re 118 MOTION to Compel filed by Rensselaer Polytechnic Institute and Dynamic Advances, LLC, 117 MOTION to Compel Plaintiffs Rensselaer Polytechnic Institute and Dynamic Advances to Produce Documents and Limit Number of Asserted Claims filed by Apple Inc.. Judge hears oral argument from counsel. As to defendant Apple Inc.'s 117 motion to compel, Judge DENIES in part and GRANTS in part this motion. Defendant Apple Inc. is thereafter directed to file a proposed order with the court on or before 9/11/2014. Plaintiffs are permitted to file any objections, not to exceed 3 pages, on or before 9/15/2014. No costs or attorneys' fees are awarded with respect to this motion. Turning to plaintiffs' 118 motion to compel, Judge directs a further 30(b)(6) deposition to be conducted. The remainder of plaintiffs' motion is GRANTED in part and DENIED in part. Plaintiffs' counsel is directed to file a proposed order on or before 9/11/2014. Defendant may thereafter file any objections, not to exceed 3 pages, on or before 9/15/14. Judge awards costs and attorneys' fees to plaintiffs, which includes all expenses in making this motion and the cost associated with the failed deposition. Plaintiffs' counsel is directed to file a fee application within fourteen (14) days. Defendant's counsel may thereafter respond within seven (7) days. APP: Paul Skiermont, Esq., James Muldoon, Esq., Nicholas Mesiti, Esq., Carolyn Chang, Esq., Jon Hadden, Esq., and Mitchell Katz, Esq.. Time: 10:00 AM - 11:02 AM and 11:15 AM - 12:36 PM. (Court Reporter Jodi Hibbard). (sal, )
September 8, 2014 Filing 139 ***SEALED DOCUMENT : Unredacted Reply and Exhibits A, B, C, and D in support of Apple Inc.'s 135 Reply in Support of its 117 Motion to Compel and Limit Number of Asserted Claims filed under seal. (sal, ) (Additional attachment(s) added on 9/8/2014: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D) (sal, ).
September 8, 2014 Opinion or Order Filing 138 TEXT ORDER granting 134 Motion to Seal the Unredacted Reply and Exhibits A, B, C, and D in support of Apple Inc.'s 135 Reply in Support of its 117 Motion to Compel and Limit Number of Asserted Claims. Authorized by Magistrate Judge David E. Peebles on 9/8/14. (sal, )
September 5, 2014 Filing 137 AFFIDAVIT declarations to support the seal of certain court filings, per September 2, 2014 Text Order (Dkt. 130) by Dynamic Advances, LLC, Rensselaer Polytechnic Institute. (Attachments: # 1 Declaration of Doug Croxall (9-4-2014))(Gasser, Alexander)
September 5, 2014 Filing 136 REPLY to Response to Motion re 118 MOTION to Compel (Exhibit 39 too large to file electronically) filed by Dynamic Advances, LLC, Rensselaer Polytechnic Institute. (Attachments: # 1 Declaration of Alexander Gasser, # 2 Exhibit(s) 43, # 3 Exhibit(s) 44, # 4 Exhibit(s) 45, # 5 Exhibit(s) 46, # 6 Exhibit(s) 47, # 7 Proposed Order/Judgment)(Skiermont, Paul)
September 5, 2014 Filing 135 REPLY to Response to Motion re 117 MOTION to Compel [Redacted Public Version] Plaintiffs Rensselaer Polytechnic Institute and Dynamic Advances to Produce Documents and Limit Number of Asserted Claims filed by Apple Inc.. (Attachments: # 1 Chang Declaration In Support of Reply ISO Apple's Motion to Compel, # 2 Ex. A - [REDACTED] IPNAV_DAvApple00000791 (p.1 of 3pp.), # 3 Ex. B - [REDACTED] IPNAV-DAvApple00000610 (p.1 of 5pp.), # 4 Ex. C - [REDACTED] IPNAV_DAvApple00000796 (p.1 of 5pp.), # 5 Ex. D - [REDACTED] [Set 3] 8.4.14 DA Resp to Rogs Nos 17-19 (p.1 of 7pp.), # 6 Ex. E - [Set 1] 10.28.13 RPI Resp to Apple E-mail Rogs (Nos 1-5) (17 pp.), # 7 Ex. F - 7.9.14 Email (6 pp.), # 8 Ex. G - 5.19.14 Email (2 pp.), # 9 Ex. H - 3.6.14 Email (3 pp.))(Chang, Carolyn)
September 5, 2014 Filing 134 MOTION Application to File Documents Under Seal filed by Apple Inc.. (Attachments: # 1 Proposed Order/Judgment) (Chang, Carolyn)
September 2, 2014 Filing 133 ***SEALED DOCUMENT: Defendant Apple Inc.'s Unredacted Opposition Brief, Unredacted Declaration of Carolyn Chang, Unredacted Declaration of Mark Buckley, Unredacted Declaration of Alexander Caminas, Unredacted Declaration of Scott Allen Denison, and Exhibits B, C, D, E, F, & G in support of its 127 Response in Opposition to Plaintiffs' 118 Motion to Compel are filed under seal. (sal, ) (Additional attachment(s) added on 9/2/2014: # 1 Declaration of Carolyn Chang, # 2 Declaration of Mark Buckley, # 3 Declaration of Alexander Caminas, # 4 Declaration of Scott Allen Denison, # 5 Exhibit B, # 6 Exhibit C, # 7 Exhibit D, # 8 Exhibit E, # 9 Exhibit F, # 10 Exhibit G) (sal, ).
September 2, 2014 Opinion or Order Filing 132 TEXT ORDER granting 126 Motion to Seal Defendant Apple Inc.'s Unredacted Opposition Brief, Unredacted Declaration of Carolyn Chang, Unredacted Declaration of Mark Buckley, Unredacted Declaration of Alexander Caminas, Unredacted Declaration of Scott Allen Denison, and Exhibits B, C, D, E, F, and G in support of its 127 Response in Opposition to Plaintiffs' 118 Motion to Compel. Authorized by Magistrate Judge David E. Peebles on 9/2/14. (sal, )
September 2, 2014 Filing 131 ***SEALED DOCUMENT : Plaintiffs Rensselaer Polytechnic Institute and Dynamic Advances' Unredacted Opposition Brief, Unredacted Declaration of Alexander E. Gasser, and Exhibit 5 in support of its 128 Opposition to Defendant's 117 Motion to Compel Documents and Limit Number of Asserted Claims are filed under seal. (sal, ) (Additional attachment(s) added on 9/2/2014: # 1 Alexander Gasser Declaration, # 2 Exhibit 5) (sal, ).
September 2, 2014 Opinion or Order Filing 130 TEXT ORDER granting 129 Letter Request to file under seal Plaintiffs Rensselaer Polytechnic Institute and Dynamic Advances' Unredacted Opposition Brief, Unredacted Declaration of Alexander E. Gasser, and Exhibit 5 in support of its 128 Opposition to Defendant's 117 Motion to Compel Documents and Limit Number of Asserted Claims. Authorized by Magistrate Judge David E. Peebles on 9/2/14. (sal, )
August 29, 2014 Filing 129 Letter Motion from Plaintiffs for Dynamic Advances, LLC requesting Application to File Documents Under Seal submitted to Judge David E. Peebles . (Muldoon, James)
August 29, 2014 Filing 128 RESPONSE in Opposition re 117 MOTION to Compel [Redacted Public Version] Plaintiffs Rensselaer Polytechnic Institute and Dynamic Advances to Produce Documents and Limit Number of Asserted Claims filed by Dynamic Advances, LLC. (Attachments: # 1 Declaration of Alex Glasser in Opposition to Apple Inc.'s Motion to Compel and Limit Asserted Claims, # 2 Exhibit(s) 1, # 3 Exhibit(s) 2, # 4 Exhibit(s) 3, # 5 Exhibit(s) 4, # 6 Exhibit(s) 5 - Redacted, # 7 Exhibit(s) 6, # 8 Exhibit(s) 7)(Muldoon, James) (Attachment 1 replaced with redacted version per counsel on 9/2/2014) (sal, ).
August 29, 2014 Filing 127 RESPONSE in Opposition re 118 MOTION to Compel (Exhibit 39 too large to file electronically) filed by Apple Inc.. (Attachments: # 1 Declaration Carolyn Chang, # 2 Declaration Mark Buckley, # 3 Declaration Alexander Caminas, # 4 Declaration Scott Allen Denison)(Chang, Carolyn)
August 29, 2014 Filing 126 MOTION Application to File Documents Under Seal filed by Apple Inc.. (Attachments: # 1 Proposed Order/Judgment) (Chang, Carolyn)
August 22, 2014 Filing 125 AFFIDAVIT declarations to support the seal of certain court filings, per the August 18, 2014 Text Order (Dkt. No. 120) by Dynamic Advances, LLC, Rensselaer Polytechnic Institute. (Attachments: # 1 Exhibit(s) Declaration of Doug Croxall, # 2 Exhibit(s) Declaration of Charles Carletta)(Gasser, Alexander)
August 22, 2014 Filing 124 REDACTED Memorandum of Law in Support of 118 MOTION to Compel filed by Dynamic Advances, LLC, Rensselaer Polytechnic Institute. (Skiermont, Paul) Modified on 8/26/2014 to indicate this is the redacted memo of law, Dkt. No. 118 only had the cover page and table of contents attached. (sal, ).
August 18, 2014 Filing 123 ***SEALED DOCUMENT : Exhibits 8-11, 18-20, 22-24, 27-29, 37, and 41 attached as exhibits to the Declaration of Alexander E. Gasser in Support of Rensselaer Polytechnic Institute and Dynamic Advances' 118 Motion to Compel, redacted version of the publicly-filed Gasser Declaration, and redacted version of the publicly-filed Memorandum in Support of its Motion to Compel are all filed under seal. (sal, ) (Additional attachment(s) added on 8/18/2014: # 1 Declaration of Alex Gasser 118-2, # 2 Exhibit 8 118-10, # 3 Exhibit 9 118-11, # 4 Exhibit 10 118-12, # 5 Exhibit 11 118-13, # 6 Exhibit 18 118-20, # 7 Exhibit 19 118-21, # 8 Exhibit 20 118-22, # 9 Exhibit 22 118-24, # 10 Exhibit 23 118-25, # 11 Exhibit 24 118-26, # 12 Exhibit 27 118-29, # 13 Exhibit 28 118-30, # 14 Exhibit 29 118-31, # 15 Exhibit 37 118-39, # 16 Exhibit 41 118-42) (sal, ).
August 18, 2014 Opinion or Order Filing 122 TEXT ORDER granting 119 Motion to File Certain Document in Support of the 118 Motion to Compel filed by Rensselaer Polytechnic Institute and Dynamic Advances, LLC. The Clerk is directed to file under seal Exhibits 8-11, 18-20, 22-24, 27-29, 37, and 41 attached as exhibits to the Declaration of Alexander E. Gasser in Support of Rensselaer Polytechnic Institute and Dynamic Advances' Motion to Compel, redacted version of the publicly-filed Gasser Declaration, and redacted version of the publicly-filed Memorandum in Support of its Motion to Compel. Authorized by Magistrate Judge David E. Peebles on 8/18/14. (sal, )
August 18, 2014 Filing 121 ***SEALED DOCUMENT : Exhibits 1-2, 4-13, 24-28, and 30-32 attached as exhibits to the Declaration of Carolyn Chang in Support of Apple Inc.'s 117 Motion to Compel and Limit Number of Asserted Claims, redacted portions of the publicly-filed version of the Chang Declaration, and redacted portions of the publicly-filed version of the defendant Apple Inc.'s Memorandum in Support of its 117 Motion to Compel are all filed under seal. (sal, ) (Additional attachment(s) added on 8/18/2014: # 2 Declaration of Carolyn Chang 117-2, # 3 Exhibit 1 117-3, # 4 Exhibit 2 117-4, # 5 Exhibit 4 117-6, # 6 Exhibit 5 117-7, # 7 Exhibit 6 117-8, # 8 Exhibit 7 117-9, # 9 Exhibit 8 117-10, # 10 Exhibit 9 117-11, # 11 Exhibit 10 117-12, # 12 Exhibit 11 117-13, # 13 Exhibit 12 117-14, # 14 Exhibit 13 117-15, # 15 Exhibit 24 117-26, # 16 Exhibit 25 117-27, # 17 Exhibit 26 117-28, # 18 Exhibit 27 117-29, # 19 Exhibit 28 117-30) (sal, ). (Additional attachment(s) added on 8/18/2014: # 20 Exhibit 30 117-32, # 21 Exhibit 31 117-33, # 22 Exhibit 32 117-34) (sal, ).
August 18, 2014 Opinion or Order Filing 120 TEXT ORDER granting 116 Motion to Seal Certain Documents in Support of the 117 Motion to Compel filed by Apple, Inc.. The Clerk is directed to file under seal Exhibits 1-2, 4-13, 24-28, and 30-32 attached as exhibits to the Declaration of Carolyn Chang in Support of Apple Inc.'s Motion to Compel and Limit Number of Asserted Claims, redacted portions of the publicly-filed version of the Chang Declaration, and redacted portions of the publicly-filed version of the defendant Apple Inc.'s Memorandum in Support of its Motion to Compel. Authorized by Magistrate Judge David E. Peebles on 8/18/14. (sal, )
August 18, 2014 TEXT NOTICE of Hearing on Motion 117 to Compel Plaintiffs Rensselaer Polytechnic Institute and Dynamic Advances to Produce Documents and Limit Number of Asserted Claims filed by Apple, Inc., and Motion 118 to Compel Discovery filed by Rensselaer Polytechnic Institute and Dynamic Advances, LLC: Responsive Briefs are due by 8/29/2014; and Reply Briefs are due by 9/5/2014 and limited to five (5) pages. An in-person motion hearing is set for 9/10/2014 at 10:00 AM in Syracuse before Magistrate Judge Peebles. ORAL ARGUMENT WILL BE HEARD AND APPEARANCES ARE REQUIRED. (sal, )
August 16, 2014 Filing 119 MOTION Application to File Documents Under Seal re 118 MOTION to Compel (Exhibit 39 too large to file electronically) Motion Hearing set for 9/10/2014 10:00 AM in Syracuse before Magistrate Judge David E. Peebles Response to Motion due by 8/25/2014 filed by Dynamic Advances, LLC. (Muldoon, James)
August 15, 2014 Filing 118 MOTION to Compel filed by Rensselaer Polytechnic Institute and Dynamic Advances, LLC. Motion Hearing set for 9/10/2014 10:00 AM in Syracuse before Magistrate Judge David E. Peebles Response to Motion due by 8/25/2014 . (Attachments: # 1 Memorandum of Law in Support of Motion to Compel (Redacted), # 2 Declaration of Alex Gasser in Support of Motion to Compel (Redacted), # 3 Exhibit(s) 1, # 4 Exhibit(s) 2, # 5 Exhibit(s) 3, # 6 Exhibit(s) 4, # 7 Exhibit(s) 5, # 8 Exhibit(s) 6, # 9 Exhibit(s) 7, # 10 Exhibit(s) 8, # 11 Exhibit(s) 9, # 12 Exhibit(s) 10, # 13 Exhibit(s) 11, # 14 Exhibit(s) 12, # 15 Exhibit(s) 13, # 16 Exhibit(s) 14, # 17 Exhibit(s) 15, # 18 Exhibit(s) 16, # 19 Exhibit(s) 17, # 20 Exhibit(s) 18, # 21 Exhibit(s) 19, # 22 Exhibit(s) 20, # 23 Exhibit(s) 21, # 24 Exhibit(s) 22, # 25 Exhibit(s) 23, # 26 Exhibit(s) 24, # 27 Exhibit(s) 25, # 28 Exhibit(s) 26, # 29 Exhibit(s) 27, # 30 Exhibit(s) 28, # 31 Exhibit(s) 29, # 32 Exhibit(s) 30, # 33 Exhibit(s) 31, # 34 Exhibit(s) 32, # 35 Exhibit(s) 33, # 36 Exhibit(s) 34, # 37 Exhibit(s) 35, # 38 Exhibit(s) 36, # 39 Exhibit(s) 37, # 40 Exhibit(s) 38, # 41 Exhibit(s) 40, # 42 Exhibit(s) 41, # 43 Exhibit(s) 42) (Muldoon, James) Added Exhibit 39, since counsel originally advised it was too large to upload to ECF (sal, ). (Additional attachment(s) added on 8/18/2014: # 44 Exhibit 39) (sal, ).
August 15, 2014 Filing 117 MOTION to Compel [Redacted Public Version] Plaintiffs Rensselaer Polytechnic Institute and Dynamic Advances to Produce Documents and Limit Number of Asserted Claims Motion Hearing set for 9/10/2014 10:00 AM in Syracuse before Magistrate Judge David E. Peebles Response to Motion due by 8/25/2014 filed by Apple Inc.. (Attachments: # 1 Memorandum of Law In Support of Defendant Apple Inc.'s Notice of Motion to Compel Plaintiffs' to Produce Documents and Limit Number of Asserted Claims, # 2 Declaration [Public Redacted Version] of Carolyn Chang In Support of Apple Inc.'s Motion to Compel Plaintiffs to Produce Documents and Limit Number of Asserted Claims, # 3 Exhibit(s) 1 [Redacted Public] to Chang Declaration, # 4 Exhibit(s) 2 [Redacted Public] to Chang Declaration, # 5 Exhibit(s) 3 to Chang Declaration, # 6 Exhibit(s) 4 [Redacted Public] to Chang Declaration, # 7 Exhibit(s) 5 [Redacted Public] to Chang Declaration, # 8 Exhibit(s) 6 [Redacted Public] to Chang Declaration, # 9 Exhibit(s) 7 [Redacted Public] to Chang Declaration, # 10 Exhibit(s) 8 [Redacted Public] to Chang Declaration, # 11 Exhibit(s) 9 [Redacted Public] to Chang Declaration, # 12 Exhibit(s) 10 [Redacted Public] to Chang Declaration, # 13 Exhibit(s) 11 [Redacted Public] to Chang Declaration, # 14 Exhibit(s) 12 [Redacted Public] to Chang Declaration, # 15 Exhibit(s) 13 [Redacted Public] to Chang Declaration, # 16 Exhibit(s) 14 to Chang Declaration, # 17 Exhibit(s) 15 to Chang Declaration, # 18 Exhibit(s) 16 to Chang Declaration, # 19 Exhibit(s) 17 to Chang Declaration, # 20 Exhibit(s) 18 to Chang Declaration, # 21 Exhibit(s) 19 to Chang Declaration, # 22 Exhibit(s) 20 to Chang Declaration, # 23 Exhibit(s) 21 to Chang Declaration, # 24 Exhibit(s) 22 to Chang Declaration, # 25 Exhibit(s) 23 to Chang Declaration, # 26 Exhibit(s) 24 [Redacted Public] to Chang Declaration, # 27 Exhibit(s) 25 [Redacted Public] to Chang Declaration, # 28 Exhibit(s) 26 [Redacted Public] to Chang Declaration, # 29 Exhibit(s) 27 [Redacted Public] to Chang Declaration, # 30 Exhibit(s) 28 [Redacted Public] to Chang Declaration, # 31 Exhibit(s) 29 to Chang Declaration, # 32 Exhibit(s) 30 [Redacted Public] to Chang Declaration, # 33 Exhibit(s) 31 [Redacted Public] to Chang Declaration, # 34 Exhibit(s) 32 [Redacted Public] to Chang Declaration, # 35 Exhibit(s) 33 to Chang Declaration) (Chang, Carolyn)
August 15, 2014 Filing 116 MOTION to File Documents Under Seal In Support of Apple Inc.'s Motion to Compel and Limit Number of Asserted Claims filed by Apple Inc.. (Attachments: # 1 [Proposed] Order Granting Motion to File Documents Under Seal In Support of Apple Inc.'s Motion to Compel and Limit Number of Asserted Claims) (Chang, Carolyn)
August 11, 2014 Opinion or Order Filing 115 TEXT ORDER Approving 114 Stipulation. All of the deadlines outlined in the court's 111 Text Order remain the same, with the exception of the responsive expert report deadline being extended to 11/10/2014, and the exchanges of infringement contentions and non-infringment and invalidity contentions, which are as follows: Plaintiffs to Serve Amended Infringement Contentions by 8/11/2014; and Apple to Serve Amended Non-Infringement and Invalidity Contentions by 8/25/2014. The schedule regarding outstanding discovery disputes, as outlined in the Text Minute Entry entered on 7/22/2014, remains in place. Authorized by Magistrate Judge David E. Peebles on 8/11/14. (sal, )
August 8, 2014 Filing 114 STIPULATION re 111 Scheduling Order,, Telephone Conference,,,,, With [Proposed] Order by Apple Inc. submitted to Judge David E. Peebles. (Hadden, Joe)
July 30, 2014 Opinion or Order Filing 113 TEXT ORDER granting 112 Motion for Limited Admission Pro Hac Vice for Carolyn Chang, Esq. as to Apple, Inc.. Authorized by Magistrate Judge David E. Peebles on 7/30/14. (sal, )
July 29, 2014 Filing 112 MOTION for Limited Admission Pro Hac Vice of Carolyn Chang Filing fee $100, receipt number 0206-3007394. filed by Apple Inc.. (Attachments: # 1 Exhibit(s) Petition for Admission to Practice, # 2 Exhibit(s) E-Filing Registration Form, # 3 Exhibit(s) Certificate of Good Standing, # 4 Affidavit Affidavit of Sponsor, # 5 Proposed Order/Judgment Proposed Order, # 6 Exhibit(s) Oath on Admission) (Katz, Mitchell)
July 23, 2014 Opinion or Order Filing 111 TEXT SCHEDULING ORDER: This case is governed by the Uniform Pretrial Scheduling Order filed in the related action 5:12-cv-1579, Dkt. 45, Attachment A. Based upon the telephone conference conducted on 7/22/2014, the schedule for this action is extended as follows - Fact Discovery is due by 9/26/2014, Initial Expert Reports are due by 10/10/2014, Responsive Expert Reports are due by 11/9/2014; Close of Expert Discovery is 12/9/2014; and Dispositive Motions are to be filed on or before 1/8/2015. Authorized by Magistrate Judge David E. Peebles on 7/23/14. (sal, )
July 22, 2014 TEXT Minute Entry for proceedings held before Magistrate Judge David E. Peebles: Telephone Conference held on 7/22/2014. Plaintiffs' counsel requests that the current schedule be extended. After a discussion with counsel, Judge orders a 60 day extension for each of the current deadlines. A text order reflecting this will be issued shortly. Parties are directed to jointly file a proposed schedule for the supplementation of initial disclosures. Plaintiffs' counsel raises outstanding discovery issues with the court. Defendant's counsel thereafter raises additional discovery disputes. Judge puts in place a briefing schedule for all outstanding discovery disputes as follows: Simultaneous Initial Letter Briefs are due by 8/15/2014; Responsive Briefs are due by 8/29/2014; and Reply Briefs are due by 9/5/2014 and limited to five (5) pages. An in-person motion hearing is set for 9/10/2014 at 10:00 AM in Syracuse before Magistrate Judge Peebles. The telephone status conference set for 9/16/2014 is cancelled in light of the motion hearing set for 9/10/2014. The status of this case will be discussed at that time. Parties have not mediated this case, but will continue to discuss the possibility of settlement. APP: Paul Skiermont, Esq., Alexander Gasser, Esq., James Muldoon, Esq., Hector Ribera, Esq., Mitchell Katz, Esq., Carolyn Chang, Esq.(not yet admitted, however, will be filing motion for pro hac vice papers shortly). Time: 12:05 PM - 12:35 PM. (sal, )
July 21, 2014 Set/Reset Hearings: A Telephone Conference is set for 7/22/2014 at 12:00 PM before Magistrate Judge David E. Peebles. Plaintiffs' counsel is directed to initiate the call to Chambers, which can be reached at (315-234-8620). (sal, )
July 18, 2014 Filing 110 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Dynamic Advances, LLC. (Gasser, Alexander)
July 18, 2014 Opinion or Order Filing 109 TEXT ORDER granting 108 Letter Request in part. The fact discovery deadline is stayed at this time. A telephone conference will be set before Magistrate Judge Peebles to discuss the issues detailed within this letter and counsel will be contacted shortly with available dates for the court. Authorized by Magistrate Judge David E. Peebles on 7/18/14. (sal, )
July 18, 2014 Filing 108 Letter Motion for Dynamic Advances, LLC, Rensselaer Polytechnic Institute requesting Discovery Conference to extend fact discovery deadline and compel Apple to produce certain documents submitted to Judge Peebles . (Skiermont, Paul)
July 2, 2014 Filing 107 NOTICE by Apple Inc. OF WITHDRAWAL OF COUNSEL (Corbin, Teresa)
June 17, 2014 Filing 106 STATUS REPORT Regarding U.S. Patent Office Denials of Apple's IPR Petitions by Dynamic Advances, LLC, Rensselaer Polytechnic Institute. (Attachments: # 1 Exhibit(s) A, # 2 Exhibit(s) B, # 3 Exhibit(s) C)(Skiermont, Paul)
June 13, 2014 Opinion or Order Filing 105 TEXT SCHEDULING ORDER: This case is governed by the Uniform Pretrial Scheduling Order filed in the related action 5:12-cv-1579, Dkt. 45, Attachment A. On 6/12/2014, a claim construction order was issued and the schedule for this action is as follows - Advice of Counsel Disclosure is due by 7/12/2014; Fact Discovery is due by 7/27/2014, Initial Expert Reports are due by 8/11/2014, Responsive Expert Reports are due by 9/10/2014; Close of Expert Discovery is 10/10/2014; and Dispositive Motions are to be filed on or before 11/9/2014. Authorized by Magistrate Judge David E. Peebles on 6/13/14. (sal, )
June 13, 2014 Set Hearings: A Telephone Conference is set for 9/16/2014 at 3:30 PM before Magistrate Judge David E. Peebles. Plaintiffs' counsel is directed to initiate the call to Chambers, which can be reached at (315) 234-8620, or provide the court and all counsel with a call-in number and passcode. (sal, )
June 12, 2014 Opinion or Order Filing 104 DECISION AND ORDER assigning the meaning of the disputed patent claim terms as noted herein regarding Pltfs' 49 Opening Claim Construction Brief and Deft's 50 Opening Claim Construction Brief. Signed by Magistrate Judge David E. Peebles on 6/12/14. (sfp, )
May 23, 2014 Opinion or Order Filing 103 TEXT ORDER granting 102 Motion for Limited Admission Pro Hac Vice. Attorney Jeffrey A. Ware is hereby admitted to practice in this action on behalf of Apple Inc. Authorized by Magistrate Judge David E. Peebles on 5/23/2014. (mae)
May 20, 2014 Filing 102 MOTION for Limited Admission Pro Hac Vice of Jeffrey A. Ware Filing fee $100, receipt number 0206-2940979. filed by Apple Inc.. (Attachments: # 1 Petition For Admission to Practice, # 2 New Attorney E-Filing Registration Form, # 3 Certificate of Good Standing, # 4 Affidavit Affidavit of Sponsor, # 5 Proposed Order/Judgment Proposed Order, # 6 Oath on Admission) (Katz, Mitchell)
May 16, 2014 Opinion or Order Filing 101 TEXT ORDER granting 98 Motion for Limited Admission Pro Hac Vice of G. Donald Puckett for Dynamic Advances, LLC, Rensselaer Polytechnic Institute. Authorized by Magistrate Judge David E. Peebles on 5/16/14. (sal, )
May 15, 2014 Opinion or Order Filing 100 TEXT ORDER granting 99 Motion for Limited Admission Pro Hac Vice of Shellie Stephens, Esq. for Dynamic Advances, LLC, Rensselaer Polytechnic Institute. Authorized by Magistrate Judge David E. Peebles on 5/15/14. (sal, )
May 14, 2014 Filing 99 MOTION for Limited Admission Pro Hac Vice of Shellie Stephens Filing fee $100, receipt number 0206-2935815. filed by Dynamic Advances, LLC, Rensselaer Polytechnic Institute. (Attachments: # 1 Exhibit(s) Petition for Admission, # 2 Exhibit(s) Attorney E-filing Registration, # 3 Exhibit(s) Certificate of Good Standing, # 4 Exhibit(s) Affidavit of Sponsor, # 5 Exhibit(s) Proposed Order, # 6 Exhibit(s) Oath on Admission) (Muldoon, James)
May 14, 2014 Filing 98 MOTION for Limited Admission Pro Hac Vice of G. Donald Puckett Filing fee $100, receipt number 0206-2935788. filed by Dynamic Advances, LLC, Rensselaer Polytechnic Institute. (Attachments: # 1 Exhibit(s) Petition for Admission, # 2 Exhibit(s) Attorney E-Filing Registration, # 3 Exhibit(s) Certificate of Good Standing, # 4 Exhibit(s) Affidavit of Sponsor, # 5 Exhibit(s) Proposed Order, # 6 Exhibit(s) Oath on Admission) (Muldoon, James) (Attachment 3 replaced on 5/16/2014 with certificate of good standing provided by attorney Puckett) (lah).
May 12, 2014 Filing 97 TRANSCRIPT of Proceedings: Markman Hearing and Motion Hearing held on 4/14/2014 before Judge David E. Peebles, Court Reporter: Jodi L. Hibbard, Telephone number: (315) 234-8547. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must electronically file a Notice of Intent to Request Redaction with the Clerk's Office within 5 business days of this date. The policy governing the redaction of personal information is located on the court website at www.nynd.uscourts.gov. Read this policy carefully. If no Notice of Intent to Redact is filed within 5 business days of this date, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available on the web 90 days from today's date. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/2/2014. Redacted Transcript Deadline set for 6/12/2014. Release of Transcript Restriction set for 8/11/2014. Notice of Intent to Redact due by 5/19/2014 (jlh, )
May 8, 2014 Opinion or Order Filing 96 DECISION AND ORDER Apple shall certify to pltfs that it has made available or offered to make available all existing source code related to Siri's NLP functionality for inspection by pltfs' representatives by 5/22/14. With the exception of the foregoing, pltfs' 66 Motion to Compel discovery is denied. No costs or atty's fees are awarded to any party in connection with pltfs' motion to compel discovery. Signed by Magistrate Judge David E. Peebles on 5/8/14. (sfp, )
May 1, 2014 Filing 95 TRANSCRIPT REQUEST by Dynamic Advances, LLC, Rensselaer Polytechnic Institute for proceedings held on April 14, 2014 before Judge David E. Peebles.. (Muldoon, James)
April 25, 2014 Filing 94 TRANSCRIPT REQUEST by Apple Inc. for proceedings held on 4/14/14 before Judge David E. Peebles.. (Katz, Mitchell)
April 21, 2014 Opinion or Order Filing 93 DECISION AND ORDER granting 70 Motion to Compel. Signed by Magistrate Judge David E. Peebles on 4/21/14. (tab)
April 18, 2014 Filing 92 Letter Motion from J. David Hadden for Apple Inc., Apple Inc. requesting consideration of Defendant Apple's Response to Plaintiffs' April 15, 2014 Letter Motion submitted to Judge David E. Peebles . (Hadden, Joe)
April 15, 2014 Filing 91 Letter Motion from Paul Skiermont for Dynamic Advances, LLC, Rensselaer Polytechnic Institute requesting consideration of Supplemental Authority submitted to Judge Peebles . (Attachments: # 1 Exhibit(s))(Skiermont, Paul)
April 14, 2014 TEXT Minute Entry for proceedings held before Magistrate Judge David E. Peebles: Markman Hearing held on 4/14/2014 and Motion Hearing held on 4/14/2014 re 66 MOTION to Compel filed by Rensselaer Polytechnic Institute, Dynamic Advances, LLC, and 70 MOTION to Compel filed by Apple Inc.. Technology tutorials are presented by counsel for each side. Oral argument is heard regarding the claim construction terms that are in dispute. As to plaintiffs' 66 and defendant's 70 motions to compel, Judge Peebles RESERVES DECISION at this time. An order regarding the motions and concerning disputed claim construction terms will be forthcoming. APP: Paul J. Skiermont, Esq., Donald E. Tiller, Esq., James Muldoon, Esq., and Nicholas Mesiti, Esq. for Pltfs.. David M. Lacy Kusters, Esq., Hector J. Ribera, Esq., John D. Hadden, Esq., Mitchell Katz, Esq., and Wendy Anna Herby, Esq. for Deft.. (Court Reporter Jodi Hibbard). Time: 9:35 AM - 4:00 PM. (sal, )
April 11, 2014 Filing 90 AMENDED DOCUMENT by Dynamic Advances, LLC, Rensselaer Polytechnic Institute. Amended Joint Claim Construction and Prehearing Statement. (Gasser, Alexander)
April 8, 2014 Filing 89 REPLY to Response to Motion re 70 MOTION to Compel Plaintiff Rensselaer Polytechnic Institute to Produce Dr. Veera Boonjing for Deposition filed by Apple Inc.. (Marton, Ryan)
April 3, 2014 Opinion or Order Filing 88 TEXT ORDER granting 87 Letter Request by defendant Apple, Inc. to file a reply brief in support of its 70 motion to compel, which is limited to 5 pages. Authorized by Magistrate Judge David E. Peebles on 4/3/14. (sal, )
April 2, 2014 Filing 87 Letter Motion from Ryan J. Marton for Apple Inc., Apple Inc. requesting leave to file reply brief in support of Defendant Apple Inc.'s Motion to Compel [Dkt. No. 70] submitted to Judge David E. Peebles . (Marton, Ryan)
March 28, 2014 Filing 86 RESPONSE in Opposition re 70 MOTION to Compel Plaintiff Rensselaer Polytechnic Institute to Produce Dr. Veera Boonjing for Deposition filed by Dynamic Advances, LLC, Rensselaer Polytechnic Institute. (Attachments: # 1 Declaration of Alexander E. Gasser, # 2 Exhibit(s) A to Gasser Declaration, # 3 Exhibit(s) B to Gasser Declaration, # 4 Exhibit(s) C to Gasser Declaration, # 5 Exhibit(s) D to Gasser Declaration, # 6 Exhibit(s) E to Gasser Declaration, # 7 Exhibit(s) F to Gasser Declaration, # 8 Exhibit(s) G to Gasser Declaration, # 9 Exhibit(s) H to Gasser Declaration, # 10 Exhibit(s) I to Gasser Declaration, # 11 Exhibit(s) J to Gasser Declaration, # 12 Exhibit(s) K to Gasser Declaration, # 13 Exhibit(s) L to Gasser Declaration, # 14 Exhibit(s) M to Gasser Declaration, # 15 Exhibit(s) N to Gasser Declaration)(Gasser, Alexander)
March 25, 2014 Filing 85 RESPONSE to Motion re 64 Letter Motion from Paul J. Skiermont for Dynamic Advances, LLC, Dynamic Advances, LLC, Rensselaer Polytechnic Institute, Rensselaer Polytechnic Institute requesting consideration of Supplemental Authority submitted to Judge Peebles filed by Apple Inc.. (Ribera, Hector)
March 24, 2014 Filing 84 ***SEALED DOCUMENT : Reply Memorandum of Law in Support of Plaintiffs' 66 Motion to Compel is filed under seal. (sal, ) (sal, ).
March 24, 2014 Opinion or Order Filing 83 TEXT ORDER granting 82 Motion to Seal the Reply Memorandum of Law in Support of Plaintiffs' 66 Motion to Compel. Authorized by Magistrate Judge David E. Peebles on 3/24/14. (sal, )
March 20, 2014 Filing 82 MOTION Sealing of Reply Memorandum of Law Pursuant to Protective Order re 81 Reply to Response to Motion,, Motion Hearing set for 4/14/2014 09:30 AM in Syracuse before Magistrate Judge David E. Peebles Response to Motion due by 3/28/2014 filed by Dynamic Advances, LLC, Rensselaer Polytechnic Institute. (Attachments: # 1 Proposed Order/Judgment to Seal Reply Memorandum of Law) (Muldoon, James)
March 20, 2014 Filing 81 REPLY to Response to Motion re 66 MOTION to Compel Reply Memorandum of Law filed under seal pursuant to Protective Order filed by Dynamic Advances, LLC, Rensselaer Polytechnic Institute. (Attachments: # 1 Affidavit Gasser Affidavit, # 2 Exhibit(s) A - Mobile Media Opinion, # 3 Exhibit(s) B - Apple v. Samsung 2012 Protective Order, # 4 Exhibit(s) Samsung v. Apple 2013 Protective Order, # 5 Exhibit(s) Computer Software Related Litigation Article, # 6 Exhibit(s) Apple Published Patent Application 20120016678, # 7 Proposed Order/Judgment)(Muldoon, James)
March 20, 2014 Filing 80 NOTICE by Dynamic Advances, LLC, Rensselaer Polytechnic Institute re 72 Order on Letter Request, 45 Order on Letter Request, 59 Order on Letter Request, declarations in support of seals (Attachments: # 1 Exhibit(s), # 2 Exhibit(s))(Tiller, Donald)
March 19, 2014 Filing 79 ***SEALED DOCUMENT : Apple Inc.'s Response in Opposition to Plaintiffs' 66 Motion to Compel (pages 6-7, 9-11, and 15-16), Declaration of David M. Lacy Kusters (pages 2-3), Exhibits 1-3 to the Declaration of David M. Lacy Kuster, and the Declaration of Siamak Hodjat (pages 1-2) all in Support of Apple Inc.'s Response in Opposition to Plaintiffs' 66 Motion to Compel are filed under seal. (sal, ) (Additional attachment(s) added on 3/19/2014: # 1 Declaration, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Hodjat Declaration) (sal, ).
March 19, 2014 Opinion or Order Filing 78 TEXT ORDER granting 77 Letter Request to file under seal Apple Inc.'s Response in Opposition to Plaintiffs' 66 Motion to Compel (pages 6-7, 9-11, and 15-16), Declaration of David M. Lacy Kusters (pages 2-3), Exhibits 1-3 to the Declaration of David M. Lacy Kuster, and the Declaration of Siamak Hodjat (pages 1-2) all in Support of Apple Inc.'s Response in Opposition to Plaintiffs' 66 Motion to Compel. Authorized by Magistrate Judge David E. Peebles on 3/19/14. (sal, )
March 17, 2014 Filing 77 Letter Motion from Defendant Apple Inc. requesting to seal the Response in Opposition to Plaintiffs' 66 Motion to Compel (pages 6-7, 9-11, and 15-16), Declaration of David M. Lacy Kusters (pages 2-3), Exhibits 1-3 to the Declaration of David M. Lacy Kuster, and the Declaration of Siamak Hodjat (pages 1-2) all in Support of Apple Inc.'s Response in Opposition to Plaintiffs' 66 Motion to Compel submitted to Judge Peebles. (sal, ) (Additional attachment(s) added on 3/19/2014: # 1 Sealed Declaration in Support) (sal, ).
March 17, 2014 Filing 76 AFFIDAVIT in Support re 67 MOTION Application to File Documents Under Seal Pursuant to Protective Order re 66 MOTION to Compel (Declaration of David M. Lacy Kusters) filed by Apple Inc.. (Lacy Kusters, David)
March 17, 2014 Filing 75 RESPONSE in Opposition re 66 MOTION to Compel [REDACTED] filed by Apple Inc.. (Attachments: # 1 Declaration of David M. Lacy Kusters ISO Apple's Opposition to Motion to Compel [REDACTED], # 2 Exhibit(s) 1 (Filed Under Seal), # 3 Exhibit(s) 2 (Filed Under Seal), # 4 Exhibit(s) 3 (Filed Under Seal), # 5 Exhibit(s) 4, # 6 Exhibit(s) 5, # 7 Exhibit(s) 6, # 8 Declaration of Siamak Hodjat ISO Apple's Opposition to Motion to Compel [REDACTED])(Lacy Kusters, David)
March 14, 2014 Filing 74 NOTICE by Dynamic Advances, LLC, Rensselaer Polytechnic Institute Withdrawal of Appearance (LaValle, Amy)
March 14, 2014 Filing 73 ***SEALED DOCUMENT : Exhibit A, Exhibit B, Exhibit D attached to the Declaration of Ryan J. Marton and page 2 of its Memorandum in Support of the 70 Motion to Compel are filed under seal. (sal, ) (Additional attachment(s) added on 3/14/2014: # 1 Exhibit B, # 2 Exhibit D, # 3 Confidential Memorandum) (sal, ).
March 14, 2014 Opinion or Order Filing 72 TEXT ORDER granting 71 Letter Request to seal Exhibit A, Exhibit B, Exhibit D attached to the Declaration of Ryan J. Marton and page 2 of its Memorandum in Support of the 70 Motion to Compel. Authorized by Magistrate Judge David E. Peebles on 3/14/14. (sal, )
March 14, 2014 Filing 71 Letter Motion from defendant Apple, Inc. requesting to seal Exhibit A, Exhibit B, Exhibit D, and page 2 of its Memorandum in Support of the 70 Motion to Compel submitted to Judge Peebles. (sal, )
March 14, 2014 TEXT NOTICE of Rescheduling Hearing on Motion 66 to Compel : Response to Motion remains due by 3/17/2014. Reply to Response to Motion remains due by 3/20/2014. The Motion Hearing set for 4/14/2014 at 10:00 AM is rescheduled for 9:30 AM that same day in Syracuse before Magistrate Judge David E. Peebles. ORAL ARGUMENT WILL BE HEARD AND APPEARANCES ARE REQUIRED. (sal, )
March 14, 2014 TEXT NOTICE of Hearing on Motion 70 to Compel Plaintiff Rensselaer Polytechnic Institute to Produce Dr. Veera Boonjing for Deposition : Response to Motion due by 3/28/2014. Motion Hearing is set for 4/14/2014 at 9:30 AM in Syracuse before Magistrate Judge David E. Peebles. ORAL ARGUMENT WILL BE HEARD AND APPEARANCES ARE REQUIRED. (sal, )
March 13, 2014 Filing 70 MOTION to Compel Plaintiff Rensselaer Polytechnic Institute to Produce Dr. Veera Boonjing for Deposition filed by Apple Inc.. (Attachments: # 1 Memorandum of Law In Support of Apple Inc.'s Motion to Compel Plaintiff Rensselaer Polytechnic Institute to Produce Dr. Veera Boonjing for Deposition, # 2 Declaration of Ryan J. Marton In Support of Apple Inc.'s Motion to Compel, # 3 Exhibit(s) A [Sealed] to Marton Declaration, # 4 Exhibit(s) B [Sealed] to Marton Declaration, # 5 Exhibit(s) C to Marton Declaration, # 6 Exhibit(s) D [Sealed] to Marton Declaration, # 7 Exhibit(s) E to Marton Declaration, # 8 Exhibit(s) F to Marton Declaration, # 9 Exhibit(s) G to Marton Declaration, # 10 Exhibit(s) H to Marton Declaration, # 11 Exhibit(s) I to Marton Declaration, # 12 Exhibit(s) J to Marton Declaration, # 13 Exhibit(s) K to Marton Declaration, # 14 Exhibit(s) L to Marton Declaration, # 15 Exhibit(s) M to Marton Declaration, # 16 Exhibit(s) N to Marton Declaration, # 17 Exhibit(s) O to Marton Declaration, # 18 Exhibit(s) P to Marton Declaration, # 19 Proposed Order/Judgment Granting Motion to Compel Deposition of Dr. Veera Boonjing) (Marton, Ryan)
March 11, 2014 Filing 69 ***SEALED DOCUMENT : Plaintiffs' Memorandum of Law, Declaration of Donald E. Tiller, and Exhibits A-D, J, K, M, O, and R to the Declaration of Donald E. Tiller in Support of its 67 Motion to Compel are filed under seal. (sal, ) (Additional attachment(s) added on 3/11/2014: # 1 Declaration, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit J, # 7 Exhibit K, # 8 Exhibit M, # 9 Exhibit O, # 10 Exhibit R) (sal, ).
March 11, 2014 Opinion or Order Filing 68 TEXT ORDER granting 67 Plaintiffs Rensselaer Polytechnic Institute and Dynamic Advances' Motion to Seal Plaintiffs' Memorandum of Law, Declaration of Donald E. Tiller, and Exhibits A-D, J, K, M, O, and R to the Declaration of Donald E. Tiller in Support of its 67 Motion to Compel. Authorized by Magistrate Judge David E. Peebles on 3/11/14. (sal, )
March 11, 2014 Filing 67 MOTION Application to File Documents Under Seal Pursuant to Protective Order re 66 MOTION to Compel Motion Hearing set for 4/14/2014 10:00 AM in Syracuse before Magistrate Judge David E. Peebles Response to Motion due by 3/28/2014 filed by Dynamic Advances, LLC, Rensselaer Polytechnic Institute. (Muldoon, James)
March 11, 2014 TEXT NOTICE of Hearing on Motion 66 to Compel : Response to Motion deadline is reset to 3/17/2014. Reply to Response to Motion deadline is set for 3/20/2014. A Motion Hearing is set for 4/14/2014 at 10:00 AM in Syracuse before Magistrate Judge David E. Peebles. ORAL ARGUMENT WILL BE HEARD AND APPEARANCES ARE REQUIRED. (sal, )
March 10, 2014 Filing 66 MOTION to Compel Motion Hearing set for 4/14/2014 10:00 AM in Syracuse before Magistrate Judge David E. Peebles Response to Motion due by 3/28/2014 filed by Dynamic Advances, LLC, Rensselaer Polytechnic Institute. (Attachments: # 1 Memorandum of Law (Filed Under Seal), # 2 Affidavit (Filed Under Seal), # 3 Errata A (Filed Under Seal), # 4 Exhibit(s) B (Filed Under Seal), # 5 Exhibit(s) C(Filed Under Seal), # 6 Exhibit(s) D filed under seal, # 7 Exhibit(s) E, # 8 Exhibit(s) F, # 9 Exhibit(s) G, # 10 Exhibit(s) H, # 11 Exhibit(s) I, # 12 Exhibit(s) L, # 13 Errata N, # 14 Exhibit(s) P, # 15 Exhibit(s) Q, # 16 Exhibit(s) J(Filed Under Seal), # 17 Exhibit(s) K(Filed Under Seal), # 18 Exhibit(s) M(Filed Under Seal), # 19 Exhibit(s) O(Filed Under Seal), # 20 Exhibit(s) R (Filed Under Seal)) (Muldoon, James)
March 5, 2014 Opinion or Order Filing 65 TEXT ORDER granting 64 Letter Request. Authorized by Magistrate Judge David E. Peebles on 3/5/14. (sal, )
March 5, 2014 TEXT Minute Entry for proceedings held before Magistrate Judge David E. Peebles: Telephone Conference held on 3/5/2014. Magistrate Judge Peebles discusses with counsel the issues raised in plaintiffs' 61 letter motion seeking relief regarding discovery. The parties indicate that they have conferred in good faith and are now at impasse. Judge sets a briefing schedule as follows: plaintiffs' motion to compel discovery is due to be filed on or before 3/10/2014, defendant's response is due to be filed on or before 3/17/2014, and any reply is due to be filed on or before 3/20/2014. A motion hearing will be conducted on the same day the Markman Hearing, which is scheduled for 4/14/2014. APP: Alexander Gasser, Esq., Donald Tiller, Esq., James Muldoon, Esq., Hector Ribera, Esq., Ryan Marton, Esq., Wendy Anna Herby, Esq., and Mitchell Katz, Esq.. (sal, )
March 4, 2014 Filing 64 Letter Motion from Paul J. Skiermont for Dynamic Advances, LLC, Dynamic Advances, LLC, Rensselaer Polytechnic Institute, Rensselaer Polytechnic Institute requesting consideration of Supplemental Authority submitted to Judge Peebles . (Attachments: # 1 Exhibit(s))(Skiermont, Paul)
February 28, 2014 Filing 63 RESPONSE to Motion re 61 Letter Motion from Paul J. Skiermont for Dynamic Advances, LLC, Dynamic Advances, LLC, Rensselaer Polytechnic Institute, Rensselaer Polytechnic Institute requesting Court Conference In Compliance with L.R. 7.1(b)(2) submitted to Judge David E. Peebles filed by Apple Inc.. (Marton, Ryan)
February 26, 2014 Opinion or Order Filing 62 TEXT ORDER granting 61 Letter Request. A Telephone Conference is set for 3/5/2014 at 3:00 PM before Magistrate Judge David E. Peebles. Attorney Skiermont is directed to initiate the call to Chambers, which can be reached at (315) 234-8620. Authorized by Magistrate Judge David E. Peebles on 2/26/14. (sal, )
February 26, 2014 Set Hearings: A Markman Hearing is set for 4/14/2014 at 10:00 AM in Syracuse before Magistrate Judge David E. Peebles. If the parties intend to use the electronics in the courtroom for this proceeding, then they must contact CRD to Magistrate Judge Peebles, Shelly Muller, to set up testing in order to accommodate this request. (sal, )
February 24, 2014 Filing 61 Letter Motion from Paul J. Skiermont for Dynamic Advances, LLC, Dynamic Advances, LLC, Rensselaer Polytechnic Institute, Rensselaer Polytechnic Institute requesting Court Conference In Compliance with L.R. 7.1(b)(2) submitted to Judge David E. Peebles . (Skiermont, Paul)
February 20, 2014 Filing 60 ***SEALED DOCUMENT : Letter dated 2/28/2014 to Magistrate Judge David E. Peebles by Apple Inc. in support of a request for a conference to discuss Apple's proposed motion to compel RPI to make Dr. Veera Boonjing available to appear at a deposition is filed under seal. (sal, ) (sal, ).
February 20, 2014 Opinion or Order Filing 59 TEXT ORDER granting 55 Letter Request by Apple Inc. to file under seal its letter to the court dated 2/18/2014 requesting a conference to discuss Apple's proposed motion to compel RPI to make Dr. Veera Boonjing available to appear at a deposition; denying 55 Apple's request for a conference; and granting Apple, Inc. permission to file a motion to compel regarding the above referenced issue. Authorized by Magistrate Judge David E. Peebles on 2/20/14. (sal, )
February 19, 2014 Filing 58 AFFIDAVIT re 57 Responsive Claim Construction Brief (Declaration of David M. Lacy Kusters) by Apple Inc.. (Attachments: # 1 Exhibit(s) A, # 2 Exhibit(s) B, # 3 Exhibit(s) C, # 4 Exhibit(s) D, # 5 Exhibit(s) E)(Lacy Kusters, David)
February 18, 2014 Filing 57 Responsive Claim Construction Brief by Apple Inc.. (Ribera, Hector)
February 18, 2014 Filing 56 Responsive Claim Construction Brief by Dynamic Advances, LLC, Rensselaer Polytechnic Institute. (Attachments: # 1 Declaration of Donald E. Tiller in Support of Plaintiffs' Responsive Claim Construction Brief, # 2 Exhibit(s) A1 to Tiller Declaration, # 3 Exhibit(s) A2 to Tiller Declaration)(Tiller, Donald)
February 18, 2014 Filing 55 Letter Motion from Ryan J. Marton for Apple Inc., Apple Inc. requesting L.R. 7.1(b)(2) Conference submitted to Judge David Peebles with Application to Seal Unredacted Letter. (Attachments: # 1 [REDACTED VERSION] Letter from Ryan J. Marton to Judge Peebles Requesting LR 7.1(b)(2) Conference, # 2 Proposed Order/Judgment)(Marton, Ryan)
February 15, 2014 Filing 54 TRANSCRIPT of Proceedings: Motion Hearing held on 1/9/2014 before Judge Peebles, Court Reporter/Transcriber: Eileen McDonough, Telephone number: 315-234-8546. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must electronically file a Notice of Intent to Request Redaction with the Clerk's Office within 5 business days of this date. The policy governing the redaction of personal information is located on the court website at www.nynd.uscourts.gov. Read this policy carefully. If no Notice of Intent to Redact is filed within 5 business days of this date, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available on the web 90 days from today's date. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/10/2014. Redacted Transcript Deadline set for 3/18/2014. Release of Transcript Restriction set for 5/16/2014. Notice of Intent to Redact due by 2/20/2014 (etm, )
January 28, 2014 Opinion or Order Filing 53 TEXT ORDER granting 51 Motion for Limited Admission Pro Hac Vice by J. David Hadden for Apple Inc.. Authorized by Magistrate Judge David E. Peebles on 1/28/14. (sal, )
January 22, 2014 Filing 52 TRANSCRIPT REQUEST by Dynamic Advances, LLC, Rensselaer Polytechnic Institute for proceedings held on 01-09-2014 before Judge Peebles.. (LaValle, Amy)
January 21, 2014 TEXT NOTICE of re 49 Opening Claim Construction Brief by Dynamic Advances, LLC, Rensselaer Polytechnic Institute, and 50 Opening Claim Construction Brief by Apple Inc. : Responsive Claim Construction Briefs due by 2/17/2014. A Markman Hearing will be set for either late March or early April. CRD for Magistrate Judge Peebles will contact the parties with available dates for the court shortly. (sal, )
January 20, 2014 Filing 51 MOTION for Limited Admission Pro Hac Vice of J. David Hadden Filing fee $100, receipt number 0206-2818659. filed by Apple Inc.. (Attachments: # 1 Affidavit Affidavit of Sponsor Mitchell J. Katz, # 2 Exhibit(s) Petition for Admission to Practice, # 3 Exhibit(s) E-Filing Registraton Form, # 4 Exhibit(s) Oath of Admission, # 5 Exhibit(s) Certificate of Good Standing, # 6 Proposed Order/Judgment Proposed Order) (Katz, Mitchell) (Attachment 5, Certificate of Good Standing replaced with certificate from USDC provided by counsel on 1/27/2014) (lah)
January 17, 2014 Filing 50 Opening Claim Construction Brief by Apple Inc.. (Attachments: # 1 Declaration Declaration of Hector J. Ribera In Support of Apple Inc.'s Opening Claim Construction Brief, # 2 Exhibit(s) A to Ribera Declaration, # 3 Exhibit(s) B to Ribera Declaration, # 4 Exhibit(s) C to Ribera Declaration, # 5 Exhibit(s) D to Ribera Declaration, # 6 Exhibit(s) E to Ribera Declaration, # 7 Exhibit(s) F to Ribera Declaration, # 8 Exhibit(s) G to Ribera Declaration, # 9 Exhibit(s) H to Ribera Declaration)(Ribera, Hector)
January 17, 2014 Filing 49 Opening Claim Construction Brief by Dynamic Advances, LLC, Rensselaer Polytechnic Institute. (Attachments: # 1 Declaration Alexander E. Gasser, # 2 Exhibit(s) A, # 3 Exhibit(s) B, # 4 Exhibit(s) C, # 5 Exhibit(s) D, # 6 Exhibit(s) E, # 7 Exhibit(s) F, # 8 Exhibit(s) G, # 9 Exhibit(s) H, # 10 Exhibit(s) I, # 11 Exhibit(s) J, # 12 Exhibit(s) K, # 13 Exhibit(s) L, # 14 Exhibit(s) M, # 15 Exhibit(s) N, # 16 Exhibit(s) O, # 17 Exhibit(s) P, # 18 Exhibit(s) Q, # 19 Exhibit(s) R, # 20 Exhibit(s) S, # 21 Exhibit(s) T, # 22 Exhibit(s) U)(LaValle, Amy)
January 15, 2014 Opinion or Order Filing 48 DECISION AND ORDER denying Deft's 39 Motion to Stay. Signed by Magistrate Judge David E. Peebles on 1/15/14. (sfp, )
January 9, 2014 TEXT Minute Entry for proceedings held before Magistrate Judge David E. Peebles: Motion Hearing held on 1/9/2014 re 39 MOTION to Stay Litigation Pending Inter Partes Review filed by Apple Inc. : After hearing oral argument from counsel, Magistrate Judge Peebles RESERVES DECISION at this time. A written decision will be forthcoming. Plaintiff's Exhibits 1 and 2 were marked as evidence for the purpose of this proceeding only. Parties are to move forward with the filing of Opening Claim Construction Briefs. APP: Paul Skiermont, Esq., James Muldoon, Esq., Nicholas Mesiti, Esq., Ryan Marton, Esq., and Mitchell J. Katz, Esq.. (Court Reporter Eileen McDonough) (sal, )
January 8, 2014 Filing 47 REPLY to Response to Motion re 39 MOTION to Stay Litigation Pending Inter Partes Review [UNREDACTED/SEALED MOTION AND ATTACHMENTS SUBMITTED TO CLERK FOR FILING PURSUANT TO LOCAL RULE 83.13] [CORRECTED REPLY] filed by Apple Inc.. (Lacy Kusters, David)
January 7, 2014 Filing 46 ***SEALED DOCUMENT : Unredacted copy of Deft. Apple Inc.'s 39 Motion to Stay Litigation Pending Inter Partes Review, and Exhibits 6 and 7 attached to the Declaration of Teresa M. Corbin in Support are filed under seal. (sal, ) (Additional attachment(s) added on 1/7/2014: # 1 Exhibit 6, # 2 Exhibit 7) (sal, ).
January 7, 2014 Opinion or Order Filing 45 TEXT ORDER granting 44 Letter Request to file an Unredacted copy of Deft. Apple Inc.'s 39 Motion to Stay Litigation Pending Inter Partes Review, and Exhibits 6 and 7 attached to the Declaration of Teresa M. Corbin in Support under Seal. Authorized by Magistrate Judge David E. Peebles on 1/7/14. (sal, )
January 7, 2014 Filing 44 Letter Motion from Defendant Apple Inc. requesting to file an Unredacted copy of Deft. Apple Inc.'s 39 Motion to Stay Litigation Pending Inter Partes Review; Exhibits 6 and 7 attached to the Declaration of Teresa M. Corbin in Support under Seal submitted to Judge Peebles. (sal, )
January 6, 2014 Filing 43 REPLY to Response to Motion re 39 MOTION to Stay Litigation Pending Inter Partes Review [UNREDACTED/SEALED MOTION AND ATTACHMENTS SUBMITTED TO CLERK FOR FILING PURSUANT TO LOCAL RULE 83.13] filed by Apple Inc.. (Attachments: # 1 Declaration of David Lacy Kusters In Support of Apple's Reply In Support of Its Motion to Stay Pending Inter Partes Review, # 2 Exhibit(s) A to Kusters Declaration, # 3 Exhibit(s) B to Kusters Declaration, # 4 Exhibit(s) C to Kusters Declaration, # 5 Exhibit(s) D to Kusters Declaration, # 6 Exhibit(s) E to Kusters Declaration, # 7 Exhibit(s) F to Kusters Declaration, # 8 Exhibit(s) G to Kusters Declaration, # 9 Exhibit(s) H to Kusters Declaration, # 10 Exhibit(s) I to Kusters Declaration, # 11 Exhibit(s) J to Kusters Declaration, # 12 Exhibit(s) K to Kusters Declaration, # 13 Exhibit(s) L to Kusters Declaration, # 14 Exhibit(s) M to Kusters Declaration, # 15 Exhibit(s) N to Kusters Declaration, # 16 Exhibit(s) O to Kusters Declaration, # 17 Exhibit(s) P to Kusters Declaration)(Lacy Kusters, David) .
January 6, 2014 Opinion or Order Filing 42 TEXT ORDER granting 40 Motion for Limited Admission Pro Hac Vice for Ryan Marton, Esq. on behalf of Apple, Inc.. Authorized by Magistrate Judge David E. Peebles on 1/6/14. (sal, )
January 3, 2014 Filing 41 RESPONSE in Opposition re 39 MOTION to Stay Litigation Pending Inter Partes Review [UNREDACTED/SEALED MOTION AND ATTACHMENTS SUBMITTED TO CLERK FOR FILING PURSUANT TO LOCAL RULE 83.13] filed by Dynamic Advances, LLC, Rensselaer Polytechnic Institute. (Attachments: # 1 Declaration Gasser, # 2 Declaration Carbonell)(Skiermont, Paul)
December 31, 2013 Filing 40 MOTION for Limited Admission Pro Hac Vice of Ryan Marton Filing fee $100, receipt number 0206-2801510. filed by Apple Inc.. (Attachments: # 1 Petition for Admission, # 2 Sponsor Affidavit, # 3 Oath on Admission, # 4 Ceritificate of Good Standing, # 5 ECF Registration, # 6 Proposed Order) (Katz, Mitchell)
December 24, 2013 TEXT NOTICE of Hearing on Motion 39 to Stay Litigation Pending Inter Partes Review : Response to Motion due by 1/3/2014. Reply to Response to Motion due by NOON on 1/7/2014. Motion Hearing is set for 1/9/2014 at 11:00 AM in Syracuse before Magistrate Judge David E. Peebles. ORAL ARGUMENT WILL BE HEARD AND APPEARANCES ARE REQUIRED. (sal, )
December 23, 2013 Filing 39 MOTION to Stay Litigation Pending Inter Partes Review [UNREDACTED/SEALED MOTION AND ATTACHMENTS SUBMITTED TO CLERK FOR FILING PURSUANT TO LOCAL RULE 83.13] Motion Hearing set for 1/9/2014 11:00 AM in Syracuse before Magistrate Judge David E. Peebles Response to Motion due by 12/23/2013 filed by Apple Inc.. (Attachments: # 1 [Redacted Version ] Defendant Apple Inc.'s Motion to Stay Litigation Pending Inter Partes Review Sought to be Filed Under Seal, # 2 Declaration of Teresa M. Corbin In Support of Apple Inc.'s Motion to Stay Litigation Pending Inter Partes Review, # 3 Exhibit(s) 1 to Corbin Declaration In Support, # 4 Exhibit(s) 2 to Corbin Declaration In Support, # 5 Exhibit(s) 3 to Corbin Declaration In Support, # 6 Exhibit(s) 4 to Corbin Declaration In Support, # 7 Exhibit(s) 5 to Corbin Declaration In Support, # 8 Exhibit(s) 6 (Part 1 of 2) Sought to be Filed Under Seal to Corbin Declaration In Support, # 9 Exhibit(s) 6 (Part 2 of 2) Sought to be Filed Under Seal to Corbin Declaration In Support, # 10 Exhibit(s) 7 Sought to be Filed Under Seal to Corbin Declaration In Support, # 11 Exhibit(s) 8 to Corbin Declaration In Support, # 12 Exhibit(s) 9 to Corbin Declaration In Support, # 13 Exhibit(s) 10 to Corbin Declaration In Support, # 14 Exhibit(s) 11 to Corbin Declaration In Support, # 15 Exhibit(s) 12 to Corbin Declaration In Support, # 16 Proposed Order/Judgment Granting Defendant Apple Inc.'s Motion to Stay) (Corbin, Teresa)
December 16, 2013 TEXT Minute Entry for proceedings held before Magistrate Judge David E. Peebles: Telephone Conference held on 12/16/2013. Defendant Apple has requested to file a motion to stay these proceedings pending a determination on the application filed with the PTO. Judge permits defendant Apple to file a motion to stay the proceedings by 12/23/2013, which should be made returnable before Magistrate Judge Peebles. Plaintiffs must file its response by 1/3/2014. Any reply to this motion is due to be filed by NOON on 1/7/2014. A motion hearing is set for 1/9/2014 at 11:00 AM in Syracuse before Magistrate Judge Peebles. Appearances are required. Judge notes that the current schedule remains in place at this time. Parties will discuss settlement, but will do so at a later time. APP: Paul Skiermont, Esq., Amy LaValle, Esq., Nicholas Mesiti, Esq., Teresa Corbin, Esq., Ryan Martin, Esq., Mitchell Katz, Esq., and Shelly Platt, Esq. (in-house counsel for Apple). (sal, )
December 12, 2013 Filing 38 RESPONSE to Motion re 36 Letter Motion from Teresa M. Corbin for Apple Inc., Apple Inc. requesting Court Conference In Compliance with L.R. 7.1(b)(2) submitted to Judge David E. Peebles filed by Dynamic Advances, LLC, Rensselaer Polytechnic Institute. (Skiermont, Paul)
December 11, 2013 Opinion or Order Filing 37 TEXT ORDER granting 36 Letter Request for a conference with the court. A Telephone Conference is set for 12/16/2013 at 3:00 PM before Magistrate Judge David E. Peebles. Defendant's counsel is directed to initiate the call to Chambers, which can be reached at (315) 234-8620. Authorized by Magistrate Judge David E. Peebles on 12/11/13. (sal, )
December 9, 2013 Filing 36 Letter Motion from Teresa M. Corbin for Apple Inc., Apple Inc. requesting Court Conference In Compliance with L.R. 7.1(b)(2) submitted to Judge David E. Peebles . (Corbin, Teresa)
October 24, 2013 Opinion or Order Filing 35 TEXT SCHEDULING ORDER: Dr. Hsu's deposition to be completed by 12/16/2013. Fact discovery for claim construction deadline is set for 12/31/2013. Opening Markman Briefs are due on or before 1/17/2014. Opposing Markman Briefs are due by 2/17/2014. A Markman Hearing will thereafter be scheduled for some time in late March or early April. Authorized by Magistrate Judge David E. Peebles on 10/24/13. (sal, ) Modified on 10/24/2013 (sal, ).
October 24, 2013 CLERK'S CORRECTION OF TEXT MINUTE ENTRY AND TEXT SCHEDULING ORDER entered on 10/24/2013: The clerk has modified each of these entries to correct that fact discovery for claim construction deadline is set for 12/31/2013. The entries incorrectly stated fact discovery "and" claim construction deadlines are set for 12/31/2013. (sal, )
October 22, 2013 TEXT Minute Entry for proceedings held before Magistrate Judge David E. Peebles: Telephone Conference held on 10/22/2013. Rolling production of documents has been provided to defendant's counsel by RPI, Dr. Hsu, and Dynamic Advances. Plaintiff's counsel has an issue w/ the production of e-mails that was recently propounded by Apple on 9/24/13. Defendant's counsel also reports having outstanding discovery issues. Judge states that if agreement cannot be reached by the parties by 11/1/2013 on the depositions and document production, after they have conferred and good faith efforts are made, each party has permission to file a motion to compel after the close of business on 11/1/2013 and must outline what efforts were made to confer in good faith. Parties will take the deposition of Dr. Hsu on 12/16/2013. Fact discovery for claim construction deadline is set for 12/31/2013. Opening Markman Briefs are due by 1/17/2014. Opposing Markman Briefs are due by 2/17/2014. A Markman Hearing will be thereafter be scheduled before Magistrate Judge Peebles for some time in late March or early April. No new conference is set before Magistrate Judge Peebles at this time. APP: Paul Skiermont, Esq., James Muldoon, Esq., Nicholas Mesiti, Esq., Hector Ribera, Esq., Teresa Corbin, Esq., Wendy Herby, Esq. (in-house counsel for Apple), and Mitchell Katz, Esq.. (sal, ) Modified on 10/24/2013 (sal, ).
October 22, 2013 Filing 34 RESPONSE to Motion re 33 Letter Motion from Paul J. Skiermont for Dynamic Advances, LLC, Dynamic Advances, LLC, Rensselaer Polytechnic Institute, Rensselaer Polytechnic Institute requesting conference on discovery matter submitted to Judge Peebles filed by Apple Inc.. (Lacy Kusters, David)
October 21, 2013 Filing 33 Letter Motion from Paul J. Skiermont for Dynamic Advances, LLC, Dynamic Advances, LLC, Rensselaer Polytechnic Institute, Rensselaer Polytechnic Institute requesting conference on discovery matter submitted to Judge Peebles . (Skiermont, Paul)
October 18, 2013 Opinion or Order Filing 32 ORDER ON CONSENT to Jurisdiction by US Magistrate Judge signed by Judge David N. Hurd on 10/18/13. Case reassigned to Magistrate Judge David E. Peebles. (sfp, )
October 18, 2013 Filing 31 NOTICE by Apple Inc., Dynamic Advances, LLC, Rensselaer Polytechnic Institute Joint Notice, Consent and Reference of a Civil Action to a Magistrate Judge (LaValle, Amy)
August 19, 2013 Opinion or Order Filing 30 TEXT ORDER granting 29 Motion for Limited Admission Pro Hac Vice of Alexander E. Gasser, Esq. for Dynamic Advances, LLC, Rensselaer Polytechnic Institute. Authorized by Magistrate Judge David E. Peebles on 8/19/13. (sal, )
August 16, 2013 Filing 29 MOTION for Limited Admission Pro Hac Vice of Alexander E. Gasser Filing fee $100, receipt number 0206-2659072. filed by Dynamic Advances, LLC, Rensselaer Polytechnic Institute. Motions referred to David E. Peebles. (LaValle, Amy)
August 8, 2013 Opinion or Order Filing 28 TEXT ORDER Approving 27 Stipulation filed by Rensselaer Polytechnic Institute, Dynamic Advances, LLC.. As detailed in the 27 Stipulation, Apple has permission to seek leave to file a motion to compel, if deemed necessary. Upon completion of Dr. Hsu's deposition, the parties will jointly submit a letter to the court setting forth the dates of the deadlines in this matter. Claim construction discovery will close two weeks after Dr. Hsu's deposition is conducted. Simultaneous opening claim construction briefs are be due 15 days after the close of claim construction discovery. Opposing claim construction briefs are due 30 days after the filing of the opening briefs. No reply briefs are permitted. The court will contact the parties at the least 14 days after the filing opposition briefs to confirm a date and time for the Markman Hearing, which has been referred by District Judge Hurd to Magistrate Judge Peebles for a Report and Recommendation. The parties may jointly submit status reports every 4 weeks to apprise the court of the status of claim construction, if deemed necessary. Authorized by Magistrate Judge David E. Peebles on 8/8/13. (sal, )
August 8, 2013 Set/Reset Hearings: A Status Telephone Conference is set for 10/22/2013 at 4:00 PM before Magistrate Judge David E. Peebles. Plaintiff's counsel is directed to initiate the call to Chambers, which can be reached at (315) 234-8620. (sal, )
August 5, 2013 Filing 27 STIPULATION regarding claim-construction briefing schedule by Dynamic Advances, LLC, Rensselaer Polytechnic Institute submitted to Judge Peebles. (Tiller, Donald)
August 5, 2013 Opinion or Order Filing 26 TEXT ORDER granting 18 Motion for Limited Admission Pro Hac Vice by Lenny Huang for Dynamic Advances, LLC, Rensselaer Polytechnic Institute. Authorized by Magistrate Judge David E. Peebles on 8/5/13. (sal, )
August 5, 2013 Opinion or Order Filing 25 TEXT ORDER granting 21 , 22 , 23 , and 24 Motions for Limited Admission Pro Hac Vice by William Moseley, Jr., Esq., David M. Lacy Kusters, Esq., Teresa Corbin, Esq., and Hector Ribera, Esq. for Apple, Inc.. Authorized by Magistrate Judge David E. Peebles on 8/5/13. (sal, )
August 1, 2013 CLERK'S CORRECTION OF DOCKET ENTRY re 20 Stipulation and Order. The parties are to submit a proposed schedule for claim-construction briefing in this action by 8/5/13. As stated in paragraph 9 of the stipulation and order, the parties have ten business days from 7/22/13 to submit their briefing. (cam, )
July 29, 2013 Filing 24 MOTION for Limited Admission Pro Hac Vice of Teresa M. Corbin Filing fee $100, receipt number 0206-2633256. filed by Apple Inc.. (Attachments: # 1 Affidavit Affidavit of Sponsor, # 2 Petition for Admission, # 3 E-Filing Registration, # 4 Certificate of Good Standing, # 5 Oath On Admission, # 6 Proposed Order/Judgment Proposed Order) Motions referred to David E. Peebles. (Katz, Mitchell) (Attachment 4 replaced on 7/31/2013) (sfp, ).
July 26, 2013 Filing 23 MOTION for Limited Admission Pro Hac Vice of Hector J. Ribera Filing fee $100, receipt number 0206-2631229. filed by Apple Inc.. (Attachments: # 1 Affidavit Affidavit of Sponsor, # 2 Petition for Admission to Practice, # 3 Certificate of Good Standing, # 4 E-Filing Registration Form, # 5 Oath on Admission, # 6 Proposed Order/Judgment Proposed Order) Motions referred to David E. Peebles. (Katz, Mitchell) (Main Document 23 replaced on 7/29/2013) (sfp, ). (Attachment 3 replaced on 7/31/2013) (sfp, ).
July 26, 2013 Filing 22 MOTION for Limited Admission Pro Hac Vice of David M. Lacy Kusters Filing fee $100, receipt number 0206-2631202. filed by Apple Inc.. (Attachments: # 1 Affidavit Affidavit of Sponsor, # 2 Petition for Admission to Practice, # 3 Certificate of Good Standing, # 4 Oath on Admission, # 5 e-filing registration, # 6 Proposed Order/Judgment Proposed Order) Motions referred to David E. Peebles. (Katz, Mitchell) (Main Document 22 replaced on 7/29/2013) (sfp, ). (Attachment 3 replaced on 7/31/2013) (sfp, ).
July 26, 2013 Filing 21 MOTION for Limited Admission Pro Hac Vice of William Alexander Moseley, Jr. Filing fee $100, receipt number 0206-2631129. filed by Apple Inc.. (Attachments: # 1 Affidavit Affidavit of Sponsor, # 2 Petition for Admission to Practice, # 3 E-Filing Registration, # 4 Certificate of Good Standing, # 5 Oath on Admission, # 6 Proposed Order/Judgment) Motions referred to David E. Peebles. (Katz, Mitchell) (Main Document 21 replaced on 7/29/2013) (sfp, ).(Attachment 4 replaced on 7/31/2013) (sfp, ).
July 22, 2013 Opinion or Order Filing 20 STIPULATION AND ORDER that the related action 1:12-CV-1579 is dismissed without prejudice and the parties will proceed to litigate their claims and defenses in this action. All disclosures, discovery, and filings made by Dynamic Advances, LLC in 1:12-CV-1579 are hereby deemed to have occurred in this action as made jointly by both Dynamic Advances, LLC and RPI, including all reservations of rights. All disclosures, discovery, and filings made by Apple, Inc. in 1:12-CV-1579 are hereby deemed to have occurred in this action, including all reservations of rights. All discovery in 1:12-CV-1579 is hereby deemed served in this action. All rulings and orders in 1:12-CV-1579 are hereby entered in this action. RPI agrees to be bound by these rulings and orders to the same extent Dynamic Advances, LLC is bound by the rulings and orders. Discovery in this action opens on entry of this stipulation. Third-party discovery, including RPI discovery, in 1:12-CV-1579 continues to be third-party discovery, and will not be treated as party discovery in this action. The parties will submit a proposed schedule for claim-construction briefing in this action by 8/1/2013. The parties will submit proposals for any modifications to the discovery orders or rules in this action by 8/1/2013. In this action, Dynamic Advances, LLC and RPI agree to be bound to the positions taken by Dynamic Advances, LLC in 1:12-CV-1579 to the same extent that Dynamic Advances, LLC would be in 1:12-CV-1579. In this action, Apple, Inc. agrees to be bound to its positions in 1:12-CV-1579 to the same extent it would be in 1:12-CV-1579. Signed by Magistrate Judge David E. Peebles on 7/22/13. (sal, )
July 22, 2013 TEXT NOTICE TO COUNSEL: Since this case has been reassigned to Magistrate Judge David E. Peebles, the Rule 16 Initial Conference set for 9/11/2013 at 10:00 AM in Albany before Magistrate Judge Christian F. Hummel is canceled. Magistrate Judge Peebles will set a conference in this matter shortly once the newly proposed schedule is filed with the court, which is to occur on or before 8/1/2013. (sal, )
July 19, 2013 Filing 19 Plaintiffs' ANSWER to 14 Answer to Complaint, Counterclaim of Apple Inc. by Dynamic Advances, LLC, Rensselaer Polytechnic Institute.(Tiller, Donald)
July 19, 2013 Filing 18 MOTION for Limited Admission Pro Hac Vice of Lenny Huang Filing fee $100, receipt number 0206-2620987. filed by Dynamic Advances, LLC, Rensselaer Polytechnic Institute. Motions referred to David E. Peebles. (LaValle, Amy)
June 27, 2013 Filing 17 NOTICE of Admission Requirement for Attorney's Corbin, Kusters, Moseley, and Ribera. Admissions due by 7/29/2013. (Attachments: # 1 Admission Letter). [Served by mail.](sfp, )
June 27, 2013 Filing 16 CERTIFICATE OF SERVICE by Apple Inc. re 15 FRCP 7.1 Corporate Disclosure Statement, 14 Answer to Complaint, Counterclaim (Katz, Mitchell)
June 27, 2013 Filing 15 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Apple Inc.. (Katz, Mitchell)
June 27, 2013 Filing 14 Defendant Apple Inc.'s ANSWER to 1 Complaint , COUNTERCLAIM against All Plaintiffs by Apple Inc..(Katz, Mitchell)
June 20, 2013 Opinion or Order Filing 13 TEXT ORDER granting 10 Motion for Limited Admission Pro Hac Vice for Paul Joseph Skiermont as to Dynamic Advances, LLC, Rensselaer Polytechnic Institute. Signed by Magistrate Judge David E. Peebles on 6/20/13. (sal, )
June 20, 2013 Opinion or Order Filing 12 TEXT ORDER granting 9 Motion for Limited Admission Pro Hac Vice for Donald Edward Tiller as to Dynamic Advances, LLC, Rensselaer Polytechnic Institute. Signed by Magistrate Judge David E. Peebles on 6/20/13. (sal, )
June 13, 2013 Filing 11 SUMMONS Returned Executed by Rensselaer Polytechnic Institute, Dynamic Advances, LLC. Apple Inc. served on 6/6/2013, answer due 6/27/2013. (Muldoon, James)
June 10, 2013 Filing 10 MOTION for Limited Admission Pro Hac Vice of Paul Joseph Skiermont Filing fee $100, receipt number 0206-2578065. filed by Dynamic Advances, LLC, Rensselaer Polytechnic Institute. Motions referred to David E. Peebles. (LaValle, Amy)
June 10, 2013 Filing 9 MOTION for Limited Admission Pro Hac Vice of Donald Edward Tiller Filing fee $100, receipt number 0206-2578001. filed by Dynamic Advances, LLC, Rensselaer Polytechnic Institute. Motions referred to David E. Peebles. (LaValle, Amy)
June 7, 2013 Filing 8 ORAL ORDER of Judge David N. Hurd on 6/7/13, REASSIGNING CASE to Judge David N. Hurd and Magistrate Judge David E. Peebles for all further proceedings; related to 1:12-cv-1579. Chief Judge Gary L. Sharpe and Magistrate Judge Christian F. Hummel no longer assigned to case. (cbm )
June 4, 2013 Filing 7 NOTICE by Dynamic Advances, LLC of Related Case (Muldoon, James)
June 4, 2013 Filing 6 Report on the Filing and Determination of an Action regarding patent and/or trademark number(s) 305 patents. (sfp, )
June 4, 2013 Filing 5 G.O. 25 FILING ORDER ISSUED: Rule 16 Initial Conference set for 9/11/2013 at 10:00 AM in Albany before Magistrate Judge Christian F. Hummel. Civil Case Management Plan due by 8/28/2013. (sfp, )
June 4, 2013 Filing 4 Summons Issued as to Apple Inc.. (sfp, )
June 3, 2013 Filing 3 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Dynamic Advances, LLC. (sfp, )
June 3, 2013 Filing 2 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Rensselaer Polytechnic Institute. (sfp, )
June 3, 2013 Filing 1 COMPLAINT WITH JURY DEMAND: against Apple Inc. (Filing fee $400 receipt number 2570316) filed by Rensselaer Polytechnic Institute, Dynamic Advances, LLC. (Attachments: # 1 Exhibits, # 2 Civil Cover Sheet)(sfp)

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Search for this case: Rensselaer Polytechnic Institute et al v. Apple Inc.
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Plaintiff: Rensselaer Polytechnic Institute
Represented By: Amy E. LaValle
Represented By: Paul J. Skiermont
Represented By: Donald E. Tiller
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Plaintiff: Dynamic Advances, LLC
Represented By: Amy E. LaValle
Represented By: Nicholas Mesiti
Represented By: James R. Muldoon
Represented By: Steven P. Nonkes
Represented By: Paul J. Skiermont
Represented By: Donald E. Tiller
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Defendant: Apple Inc.
Represented By: Teresa M. Corbin
Represented By: Mitchell J. Katz
Represented By: William A. Moseley, Jr.
Represented By: Hector J. Ribera
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Counter_claimant: Apple Inc.
Represented By: Mitchell J. Katz
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Counter_defendant: Dynamic Advances, LLC
Represented By: Amy E. LaValle
Represented By: Nicholas Mesiti
Represented By: James R. Muldoon
Represented By: Steven P. Nonkes
Represented By: Paul J. Skiermont
Represented By: Donald E. Tiller
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Counter_defendant: Rensselaer Polytechnic Institute
Represented By: Amy E. LaValle
Represented By: Paul J. Skiermont
Represented By: Donald E. Tiller
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