November 13, 2020 |
Filing
474
ORDER GRANTING JOINT STIPULATION OF DISMISSAL: This matter is before the Court on the Joint Stipulation of Dismissal. The Court, having considered the matter and being so advised, GRANTS this motion. It is SO ORDERED. (Signed by Judge J. Paul Oetken on 11/13/2020) (js)
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February 20, 2020 |
Filing
427
MEMO ENDORSED on (424) JOINT STATUS UPDATE: ENDORSEMENT: The request for a stay pending final resolution of PTAB proceedings is denied. As this Court previously determined, the claims relating to U.S. Patent No. 8,122,034 are sufficiently unrelat ed to the patents involved in Case No. 16-CV-9826 so as to render a stay unnecessary. (See Dkt. No. 379.) Instead, in light of the joint request for a stay pending other proceedings in the ITC, this action is stayed until March 13, 2020. The parties are also instructed to confer and to propose a briefing schedule regarding Defendant Co Corporation's anticipated Daubert motion. So ordered. (Signed by Judge J. Paul Oetken on 2/19/2020) (js)
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September 30, 2019 |
Filing
423
OPINION AND ORDER: For the foregoing reasons, Comcast's motion to strike portions of the Bovik Declaration and Rovi's counterstatement of material facts is DENIED, and Comcast's motion for summary judgment of noninfringement as to t he asserted claims of the '034 patent is GRANTED in part and DENIED in part. Specifically, the Court grants summary judgment of noninfringement with respect to Rovi's claims that the current version of Comcast's Search infringes th e '034 patent and denies summary judgment of noninfringement with respect to Rovis claims that the version of Comcast's Search that was in effect prior to January 2017 infringed the '034 patent. The parties are directed to file a jo int letter within twenty-one days of the date of this order, informing the Court of the status of the ongoing PTAB proceedings and advising the Court whether trial of the '034 patent claims as to which summary judgment has not been granted should be stayed pending the conclusion of those proceedings. The Clerk of Court is directed to close the motions at Docket Numbers 385 and 402. SO ORDERED. (Signed by Judge J. Paul Oetken on 9/30/2019) (jca)
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April 6, 2018 |
Filing
379
OPINION AND ORDER: re: 369 AMENDED LETTER MOTION to Reopen Case for the Limited Purposes of Dismissing with Prejudice the Patent Claims for the '696 Patent and Bifurcating the Patent Claims of Veveo and Rovi Guides to Allow Veveo to Proceed to Trial on the '034 Pat filed by Veveo, Inc., Rovi Guides, Inc., Rovi Technologies Corp., 366 LETTER MOTION to Reopen Case for the Limited Purposes of Dismissing with Prejudice the Patent Claims for the '696 Patent and Bifurcating the Pat ent Claims of Veveo and Rovi Guides to Allow Veveo to Proceed to Trial on the '034 Patent filed by Veveo, Inc., Rovi Guides, Inc., Rovi Technologies Corp. For the foregoing reasons, Rovi's motion to dismiss the '696 patent claims and t o dissolve the stay as to the '034 patent claims is GRANTED. Any summary judgment motion relating to the '034 patent claims shall be due on or before May 7, 2018, with any brief in opposition due on or before June 6, 2018, and any reply due on or before June 20, 2018. The Clerk of Court is directed to close the motions at Docket Numbers 366, 369, and 375. SO ORDERED., ( Motions due by 5/7/2018., Responses due by 6/6/2018, Replies due by 6/20/2018.) (Signed by Judge J. Paul Oetken on 4/05/2018) (ama)
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October 27, 2017 |
Filing
365
OPINION AND ORDER re: 337 LETTER MOTION to Stay addressed to Judge J. Paul Oetken from David J. Lisson dated September 15, 2017 filed by Comcast Corporation, Comcast Cable Communications, LLC, Comcast Holdings Corporation, Comcast of Houston, LLC, Comcast Shared Services LLC, Comcast Business Communications, LLC, Comcast Cable Communications Management, LLC, 323 LETTER MOTION for Discovery to Strike Comcast's Disclosure of Invalidity Contentions un der 35 U.S.C. § 101 addressed to Judge J. Paul Oetken from Joshua W. Budwin dated August 31, 2017 filed by Veveo, Inc., Rovi Guides, Inc., Rovi Technologies Corp. For the foregoing reasons, Rovi's motion to strike Comcast's invalidity contentions under 35 U.S.C. § 101 is DENIED; and Comcast's motion to stay litigation pending the outcome of IPR is GRANTED. This action is hereby STAYED pending the IPR proceedings. The Clerk is directed to close the motions at Docket Nos. 323 and 337. (Signed by Judge J. Paul Oetken on 10/27/2018) (mml)
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August 10, 2017 |
Filing
313
CLAIM CONSTRUCTION OPINION AND ORDER: For the foregoing reasons, the Court adopts the constructions set forth in this Opinion. The Court also adopts the constructions of the "Agreed Terms" as detailed in the parties' Third Amended Joint Claim Terms Chart. (See Dkt. No. 306-1.) SO ORDERED. (Signed by Judge J. Paul Oetken on 8/10/2017) (ama)
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January 12, 2017 |
Filing
187
OPINION AND ORDER: The parties are hereby directed to attend a scheduling conference on February 10, 2017 at 11:00 a.m. Moreover, the parties shall submit a joint status letter to the Court by January 18, 2017, in which they (1) alert the Court to al l motions that remain pending after transfer of the matter from the Eastern District of Texas and (2) inform the Court of all outstanding discovery and case deadlines. To the extent any pending motions are fully briefed, the moving party is hereby di rected to provide courtesy copies of those motions pursuant to the Courts Individual Rules of Practice in Civil Cases, available at http://nysd.uscourts.gov/judge/Oetken, by January 18, 2017. SO ORDERED. ( Scheduling Conference set for 2/10/2017 at 11:00 AM before Judge J. Paul Oetken.) (Signed by Judge J. Paul Oetken on 1/12/2017) (ama)
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