SIMO Holdings Inc. v. uCloudlink Network Technology Limited et al
| SIMO Holdings Inc. |
| uCloudlink (America), Ltd., uCloudlink Network Technology Limited and Hong Kong uCloudlink Network Technology Limited |
| 1:2018cv05427 |
| June 15, 2018 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of U.S. |
| Jed S Rakoff |
| Patent |
| 35 U.S.C. § 271 Patent Infringement |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 8, 2021. A more recent docket listing may be available from PACER.
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Filing 333
STIPULATION AND ORDER DISSOLVING INJUNCTION: The parties therefore agree and stipulate that, in light of the Federal Circuits decision, and pursuant to Federal Rule of Civil Procedure 60(b)(5), the permanent injunction (Docket 264) entered by the Court on August 29, 2019 (Docket No. 264) should be dissolved. Pursuant to Fed. R. Civ. P. 60(b)(5) and the parties' stipulation, it is ORDERED that the Court's permanent injunction (Docket No. 264) is hereby DISSOLVED. (Signed by Judge Jed S. Rakoff on 4/8/2021) (kv)
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Filing 332
PROPOSED STIPULATION AND ORDER. Document filed by Hong Kong uCloudlink Network Technology Limited, uCloudlink (America), Ltd...(Lamberson, Jonathan)
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Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 3/31/2021. (Kotowski, Linda)
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Filing 331
MANDATE of USCA (Certified Copy) as to #276 Sup. Notice of Appeal to the Federal Circuit, filed by uCloudlink (America), Ltd., Hong Kong uCloudlink Network Technology Limited, uCloudlink Network Technology Limited, #270 Notice of Appeal to the Federal Circuit, filed by uCloudlink (America), Ltd., Hong Kong uCloudlink Network Technology Limited, #283 Sup. Notice of Appeal to the Federal Circuit, filed by uCloudlink (America), Ltd., Hong Kong uCloudlink Network Technology Limited, uCloudlink Network Technology Limited. USCA Case Number 19-2411. In accordance with the judgment of this Court, entered January 5, 2021, and pursuant to Rule 41 of the Federal Rules of Appellate Procedure, the formal mandate is hereby issued... Peter R. Marksteiner, Clerk USCA for the Federal Circuit. Issued As Mandate: 3/18/2021..(nd)
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Filing 330
TRUE COPY ORDER of USCA as to #270 Notice of Appeal to the Federal Circuit, filed by uCloudlink (America), Ltd., Hong Kong uCloudlink Network Technology Limited. USCA Case Number 2019-2411. SIMO Holdings Inc. filed a combined petition for panel rehearing and rehearing en banc. The petition was referred to the panel that heard the appeal, and thereafter the petition for rehearing en banc was referred to the circuit judges who are in regular active service. Upon consideration thereof, IT IS ORDERED THAT: The petition for panel rehearing is denied. The petition for rehearing en banc is denied. The mandate of the court will issue on March 18, 2021.. Peter R. Marksteiner, Clerk USCA for the Federal Circuit. Certified: 03/11/2021..(nd)
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Filing 329
USCA ORDER & OPINION (Certified) as to #276 Sup. Notice of Appeal to the Federal Circuit, filed by uCloudlink (America), Ltd., Hong Kong uCloudlink Network Technology Limited, uCloudlink Network Technology Limited, #270 Notice of Appeal to the Federal Circuit, filed by uCloudlink (America), Ltd., Hong Kong uCloudlink Network Technology Limited, #283 Sup. Notice of Appeal to the Federal Circuit, filed by uCloudlink (America), Ltd., Hong Kong uCloudlink Network Technology Limited, uCloudlink Network Technology Limited, #305 Sup. Notice of Appeal to the Federal Circuit filed by SIMO Holdings Inc., #289 Sup. Notice of Appeal to the Federal Circuit filed by SIMO Holdings Inc. USCA Case Number 20-2411. Ordered, Adjudged and Decreed that the judgment of the District Court is REVERSED. Peter R. Marksteiner, Clerk USCA for the Federal Circuit. Issued As Order: 1/5/2021. Certified: 1/5/2021. (Attachments: #1 Opinion).(nd)
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Transmission of USCA Order/Opinion to the District Judge re: #329 USCA Order & Opinion..(nd)
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Filing 328
ORDER: It is hereby ordered that for good cause shown the time for plaintiff SIMO Holdings Inc. to pay a sanction of $40,000 to the Clerk of Court, SONY, see ECF No. 327, is extended to January 8, 2021. (Signed by Judge Jed S. Rakoff on 12/11/2020) (jwh) Transmission to Finance Unit (Cashiers) for processing.
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Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 12/11/2020. (Kotowski, Linda)
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Filing 327
MEMORANDUM ORDER: Accordingly, the Court finds that Paragraph 5(c) did not authorize SIMO's secret disclosure of uCloudlink confidential documents to King & Wood Mallesons attorneys in November 2018. Given SIMO's clear violation of the Protective Order, the Court will therefore impose a sanction of $40,000 (i.e., $10,000 for each of the four documents wrongly disclosed), to be paid by SIMO to the Clerk of the Court, SDNY by no later than December 14, 2020. So Ordered. (Signed by Judge Jed S. Rakoff on 12/7/2020) (js) Transmission to Finance Unit (Cashiers) for processing.
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Filing 326
DECLARATION of Jeffrey C. Johnson in Opposition re: #319 MOTION for Sanctions .. Document filed by SIMO Holdings Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E).(Johnson, Jeffrey)
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Filing 325
RESPONSE to Motion re: #319 MOTION for Sanctions . . Document filed by SIMO Holdings Inc...(Johnson, Jeffrey)
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Filing 324
DECLARATION of Jeffrey C. Johnson in Support re: #320 MOTION to Confirm Propriety of Providing Evidence of Trade Secret Misapropriation .. Document filed by SIMO Holdings Inc.. (Attachments: #1 Corrected Exhibit B to Declaration of Jeffrey C. Johnson [Dkt. 322-2]).(Johnson, Jeffrey)
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Filing 323
RESPONSE to Motion re: #320 MOTION to Confirm Propriety of Providing Evidence of Trade Secret Misapropriation . . Document filed by Hong Kong uCloudlink Network Technology Limited, uCloudlink (America), Ltd...(Lamberson, Jonathan)
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Filing 322
DECLARATION of Jeffrey C. Johnson in Support re: #320 MOTION to Confirm Propriety of Providing Evidence of Trade Secret Misapropriation .. Document filed by SIMO Holdings Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B).(Johnson, Jeffrey)
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Filing 321
DECLARATION of Huaqiang Wang, Jun Liu, Mingfei Sun in Support re: #320 MOTION to Confirm Propriety of Providing Evidence of Trade Secret Misapropriation .. Document filed by SIMO Holdings Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H).(Weed, Benjamin)
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Filing 320
MOTION to Confirm Propriety of Providing Evidence of Trade Secret Misapropriation . Document filed by SIMO Holdings Inc...(Weed, Benjamin)
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Filing 319
MOTION for Sanctions . Document filed by Hong Kong uCloudlink Network Technology Limited, uCloudlink (America), Ltd.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D).(Lamberson, Jonathan)
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Filing 318
NOTICE of Related Case. Document filed by Hong Kong uCloudlink Network Technology Limited, uCloudlink (America), Ltd., uCloudlink Network Technology Limited..(Zoppo, Michael)
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Filing 317
MEMORANDUM ORDER denying #306 Motion for Discovery: While their appeals are pending, the parties return to the Court with a new dispute. SIMO, over defendants' opposition, seeks to use documents produced in pretrial discovery in this case in a foreign proceeding against defendants' subsidiary. Plaintiff asks the Court to allow such use by either modifying the protective order it entered in this case, or granting discovery in aid of a foreign proceeding pursuant to 28 U.S.C. 1782(a). For the following reasons, the Court denies both motions, as further set forth in this order. (Signed by Judge Jed S. Rakoff on 5/5/2020) (jwh)
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Filing 316
REPLY MEMORANDUM OF LAW in Support re: #306 MOTION for Discovery /Motion for Modification of the Protective Order or in the Alternative for Discovery for Use in Foreign Proceedings Pursuant to 28 U.S.C 1782. . Document filed by SIMO Holdings Inc...(Soskin, Peter)
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Filing 315
REPLY AFFIRMATION of Huaqiang Wang in Support re: #306 MOTION for Discovery /Motion for Modification of the Protective Order or in the Alternative for Discovery for Use in Foreign Proceedings Pursuant to 28 U.S.C 1782.. Document filed by SIMO Holdings Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C).(Soskin, Peter)
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Filing 314
DECLARATION of Liu Zhenhui in Opposition re: #306 MOTION for Discovery /Motion for Modification of the Protective Order or in the Alternative for Discovery for Use in Foreign Proceedings Pursuant to 28 U.S.C 1782.. Document filed by Hong Kong uCloudlink Network Technology Limited, uCloudlink (America), Ltd...(Lamberson, Jonathan)
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Filing 313
DECLARATION of Bi Peng in Opposition re: #306 MOTION for Discovery /Motion for Modification of the Protective Order or in the Alternative for Discovery for Use in Foreign Proceedings Pursuant to 28 U.S.C 1782.. Document filed by Hong Kong uCloudlink Network Technology Limited, uCloudlink (America), Ltd...(Lamberson, Jonathan)
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Filing 312
DECLARATION of Jinwen Han in Opposition re: #306 MOTION for Discovery /Motion for Modification of the Protective Order or in the Alternative for Discovery for Use in Foreign Proceedings Pursuant to 28 U.S.C 1782.. Document filed by Hong Kong uCloudlink Network Technology Limited, uCloudlink (America), Ltd...(Lamberson, Jonathan)
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Filing 311
DECLARATION of Jonathan Lamberson in Opposition re: #306 MOTION for Discovery /Motion for Modification of the Protective Order or in the Alternative for Discovery for Use in Foreign Proceedings Pursuant to 28 U.S.C 1782.. Document filed by Hong Kong uCloudlink Network Technology Limited, uCloudlink (America), Ltd.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D).(Lamberson, Jonathan)
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Filing 310
RESPONSE in Opposition to Motion re: #306 MOTION for Discovery /Motion for Modification of the Protective Order or in the Alternative for Discovery for Use in Foreign Proceedings Pursuant to 28 U.S.C 1782. . Document filed by Hong Kong uCloudlink Network Technology Limited, uCloudlink (America), Ltd...(Lamberson, Jonathan)
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Filing 309
MEMORANDUM OF LAW in Support re: #306 MOTION for Discovery /Motion for Modification of the Protective Order or in the Alternative for Discovery for Use in Foreign Proceedings Pursuant to 28 U.S.C 1782. . Document filed by SIMO Holdings Inc...(Soskin, Peter)
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Filing 308
DECLARATION of Peter E. Soskin in Support re: #306 MOTION for Discovery /Motion for Modification of the Protective Order or in the Alternative for Discovery for Use in Foreign Proceedings Pursuant to 28 U.S.C 1782.. Document filed by SIMO Holdings Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G).(Soskin, Peter)
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Filing 307
DECLARATION of Huaqiang Wang in Support re: #306 MOTION for Discovery /Motion for Modification of the Protective Order or in the Alternative for Discovery for Use in Foreign Proceedings Pursuant to 28 U.S.C 1782.. Document filed by SIMO Holdings Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B).(Soskin, Peter)
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Filing 306
MOTION for Discovery /Motion for Modification of the Protective Order or in the Alternative for Discovery for Use in Foreign Proceedings Pursuant to 28 U.S.C 1782. Document filed by SIMO Holdings Inc.. (Attachments: #1 Text of Proposed Order).(Soskin, Peter)
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Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 3/23/2020. (kgo)
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Filing 305
SUPPLEMENTAL NOTICE OF APPEAL TO THE FEDERAL CIRCUIT from #304 Order on Motion for Reconsideration,, #299 Order,. Form 7 and Form 22 are due within 14 days. Document filed by SIMO Holdings Inc...(Soskin, Peter)
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Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals for the Federal Circuit re: #305 Notice of Appeal to the Federal Circuit. (tp)
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First Supplemental ROA Sent to USCA (Electronic File). Certified Supplemental Indexed record on Appeal Electronic Files for #305 Notice of Appeal to the Federal Circuit filed by SIMO Holdings Inc. were transmitted to the U.S. Court of Appeals for the Federal Circuit. (tp)
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Filing 304
ORDER denying #300 Motion for Reconsideration: Accordingly, SIMO's motion for reconsideration is denied. The Court does, however, clarify that the determination that plaintiff no longer meets its burden of showing that uCloudlink's latest devices infringe plaintiff's patent is made in the context of the high standard that plaintiff has to meet to warrant the "extraordinary" remedy of injunctive relief. The Court in no way makes a definitive finding of non-infringement for any other purpose. (Signed by Judge Jed S. Rakoff on 1/19/2020) (jwh)
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Terminate Transcript Deadlines (jwh)
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Filing 303
REPLY MEMORANDUM OF LAW in Support re: #300 MOTION for Reconsideration re; #299 Order, . . Document filed by SIMO Holdings Inc.. (Weldon, Matthew)
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Filing 302
RESPONSE in Opposition to Motion re: #300 MOTION for Reconsideration re; #299 Order, . . Document filed by Hong Kong uCloudlink Network Technology Limited, uCloudlink (America), Ltd.. (Lamberson, Jonathan)
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Filing 301
MEMORANDUM OF LAW in Support re: #300 MOTION for Reconsideration re; #299 Order, . . Document filed by SIMO Holdings Inc.. (Weldon, Matthew)
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Filing 300
MOTION for Reconsideration re; #299 Order, . Document filed by SIMO Holdings Inc..(Weldon, Matthew)
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Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 12/20/2019. (Kotowski, Linda)
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Filing 299
MEMORANDUM ORDER: In short, uCloudlink has demonstrated that its redesigned devices operate in a materially different manner from that contemplated by the injunction. Given SIMO has offered no plausible explanation for how, at least under the Court's prior construction of SIMO's patent, uCloudlink's redesigned devices are infringing, the Court lifts the permanent injunction as to the redesigned devices. (Signed by Judge Jed S. Rakoff on 12/9/2019) (mro)
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Filing 298
RESPONSE re: #297 Brief, Defendants' Responsive Brief Explaining Why uCloudlink's Redesign Products Do Not Practice Any Claim of the '689 Patent. Document filed by Hong Kong uCloudlink Network Technology Limited, uCloudlink (America), Ltd.. (Attachments: #1 Declaration of Phillip W. Goter, #2 Exhibit A)(Lamberson, Jonathan)
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Filing 297
BRIEF Explaining Why uCloudlink's Redesigned Products Still Practice Every Claim of the `689 Patent. Document filed by SIMO Holdings Inc.. (Attachments: #1 Declaration of Matthew J. Weldon, #2 Exhibit A (Redacted version))(Weldon, Matthew)
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Filing 296
ORDER: On October 16, 2019, the Court ordered plaintiff to explain in technical detail why, notwithstanding defendants' representations, defendants are in plaintiff's view not complying with the injunction. ECF No. 282. Plaintiff has submitted its brief, ECF No. 287, and defendants their response, ECF No. 292. Based on the expert report submitted by defendants, ECF No. 293, Exh. A, the Court is tentatively of the view that defendants' redesigned devices are no longer infringing. The Court, however, grants plaintiff leave to submit a competing expert report by November 27, 2019. If plaintiff does not submit such a report, the Court will lift the injunction as to the infringing devices. (Signed by Judge Jed S. Rakoff on 11/13/2019) (jwh)
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Filing 295
STIPULATION AND ORDER REGARDING SECURITY PURSUANT TO RULE 62 OF THE FEDERAL RULES OF CIVIL PROCEDURE: It is THEREFORE STIPULATED that: 1. uCloudlink will deposit $8,230,654 into an escrow account, pursuant to the terms of a separate Escrow Agreement entered into by and between the Stipulating Parties. 2. Any fees incurred in setting up or maintaining the escrow account shall be borne by uCloudlink, and as further set forth in this stipulation. (Signed by Judge Jed S. Rakoff on 11/9/2019) (jwh) Transmission to Finance Unit (Cashiers) for processing.
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Filing 294
NOTICE of Supplemental Authority in Support of Plaintiff SIMO Holdings Inc.s Brief Explaining in Technical Detail why, Notwithstanding Defendants Representations. Defendants are not Complying with the Injunction re: #287 Memorandum of Law,. Document filed by SIMO Holdings Inc.. (Weldon, Matthew)
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Filing 293
DECLARATION of Phillip W. Goter re: #292 Brief Defendants' Responsive Brief Regarding Injunction Compliance. Document filed by Hong Kong uCloudlink Network Technology Limited, uCloudlink (America), Ltd.. (Attachments: #1 Exhibit A (Redacted), #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Lamberson, Jonathan)
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Filing 292
BRIEF re: #287 Memorandum of Law, Defendants' Responsive Brief Regarding Injunction Compliance. Document filed by Hong Kong uCloudlink Network Technology Limited, uCloudlink (America), Ltd..(Lamberson, Jonathan)
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Filing 291
NOTICE OF DOCKETING & USCA Case Number 2020-1126 from the U.S. Court of Appeals, Federal Circuit assigned to #289 Notice of Appeal to the Federal Circuit filed by SIMO Holdings Inc.. (nd)
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Filing 290
ORDER of USCA (Certified Copy) as to #276 Notice of Appeal to the Federal Circuit, filed by uCloudlink (America), Ltd., Hong Kong uCloudlink Network Technology Limited, uCloudlink Network Technology Limited, #270 Notice of Appeal to the Federal Circuit, filed by uCloudlink (America), Ltd., Hong Kong uCloudlink Network Technology Limited, #283 Notice of Appeal to the Federal Circuit, filed by uCloudlink (America), Ltd., Hong Kong uCloudlink Network Technology Limited, uCloudlink Network Technology Limited USCA Case Number 2019-2411. Accordingly, IT IS ORDERED THAT: (1) The motion is denied. (2) To the extent necessary, the court remands for the limited purpose of allowing the district court to address the parties' dispute over application of the injunction to uCloudlinks redesign products. The court retains jurisdiction over the appeal which shall proceed to briefing. Peter R. Marksteiner, Clerk USCA for the Federal Circuit. Certified: 11/06/2019. (nd)
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Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals for the Federal Circuit re: #289 Notice of Appeal to the Federal Circuit. (tp)
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Appeal Record Sent to USCA for the Federal Circuit (Electronic File). Certified Indexed record on Appeal Electronic Files for #289 Notice of Appeal to the Federal Circuit filed by SIMO Holdings Inc. were transmitted to the U.S. Court of Appeals for the Federal Circuit. (tp)
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Filing 289
NOTICE OF APPEAL TO THE FEDERAL CIRCUIT from #280 Amended Judgment,,,,. Form 7 and Form 22 are due within 14 days. Document filed by SIMO Holdings Inc.. Filing fee $ 505.00, receipt number ANYSDC-17893485. (Soskin, Peter)
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Filing 288
DECLARATION of Matthew J. Weldon in Support re: #287 Memorandum of Law,. Document filed by SIMO Holdings Inc.. (Attachments: #1 Exhibit A- Order dated October 16, 2019, #2 Exhibit B- Trasncript of October 16, 2019 proceedings, #3 Exhibit C- Kathleen M. Walker Declaration with exhibits)(Weldon, Matthew)
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Filing 287
MEMORANDUM OF LAW re: #282 Order, Set Deadlines,, / Plaintiff SIMO Holdings, Inc.'s Brief Explaining in Technical Detail Why, Notwithstanding Defendants' Representations, Defendants are not Complying with the Injunction. Document filed by SIMO Holdings Inc.. (Weldon, Matthew)
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Filing 286
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 10/16/19 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
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Filing 285
TRANSCRIPT of Proceedings re: CONFERENCE held on 10/16/2019 before Judge Jed S. Rakoff. Court Reporter/Transcriber: Rose Prater, (212) 805-0300. 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 11/21/2019. Redacted Transcript Deadline set for 12/2/2019. Release of Transcript Restriction set for 1/29/2020.(McGuirk, Kelly)
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Filing 284
PROPOSED STIPULATION AND ORDER. Document filed by Hong Kong uCloudlink Network Technology Limited, uCloudlink (America), Ltd., uCloudlink Network Technology Limited. (Lamberson, Jonathan)
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Filing 283
SUPPLEMENTAL NOTICE OF APPEAL TO THE FEDERAL CIRCUIT from #280 Amended Judgment,,,,. Form 7 and Form 22 are due within 14 days. Document filed by Hong Kong uCloudlink Network Technology Limited, uCloudlink (America), Ltd., uCloudlink Network Technology Limited. (Richards, Oliver)
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Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals for the Federal Circuit re: #283 Supplemental Notice of Appeal to the Federal Circuit. (tp)
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Second Supplemental ROA Sent to USCA for the Federal Circuit (Electronic File). Certified Supplemental Indexed record on Appeal Electronic Files for #283 Supplemental Notice of Appeal to the Federal Circuit, filed by uCloudlink (America), Ltd., Hong Kong uCloudlink Network Technology Limited, uCloudlink Network Technology Limited were transmitted to the U.S. Court of Appeals for the Federal Circuit. (tp)
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Filing 282
ORDER: Therefore, plaintiff is directed to file briefing papers by October 31, 2019 explaining in technical detail why, notwithstanding defendants' representations, defendants are not complying with the injunction. Defendants must respond by November 7, 2019. The Court will inform parties if it believes further oral argument on this issue is warranted. (Brief due by 10/31/2019. Responses to Brief due by 11/7/2019) (Signed by Judge Jed S. Rakoff on 10/16/2019) (jwh)
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Filing 281
ORDER granting #277 Motion for Benjamin E. Weed to Appear Pro Hac Vice. (As further set forth in this Order.) (Signed by Judge Jed S. Rakoff on 10/16/2019) (cf)
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Filing 280
AMENDED JUDGMENT amending #207 Judgment, On June 12, 2019, this Court entered judgment in the above-captioned matter awarding plaintiff SIMO Holdings Inc. $2,183,562.40 in compensatory damages and enhancing those damages by thirty percent to $2,838,631.12. ECF 207. Following several motions for amendment of the judgment, the court amends the judgment and awards SIMO Holdings Inc. the following damages and interest to plaintiff as follows: Compensatory Damages: $7,540,221; Thirty percent enhancement of compensatory damages: $655,069;Pre-judgment interest at the prime rate: $35,364. Judgment is hereby entered holding defendants Hong Kong uCloudlink Network Technology Limited and Ucloudlink (America), Ltd. jointly and severally liable to plaintiff SIMO Holdings Inc. in the amount of $8,230,654. The rate of post-judgment interest shall be the weekly average one-year constant maturity Treasury yield, compounded annually. 28 U.S.C. 1961(a), (b). (Signed by Judge Jed S. Rakoff on 10/16/2019) (rj)
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Filing 279
DECLARATION of Gao Wen Regarding Foreign Sales. Document filed by Hong Kong uCloudlink Network Technology Limited, uCloudlink (America), Ltd.. (Lamberson, Jonathan)
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Minute Entry for proceedings held before Judge Jed S. Rakoff: Status Conference held on 10/16/2019. Defendant's escrow documents due October 30, 2019, plaintiffs' response doe November 7, 2019. (Kotowski, Linda)
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Filing 278
DECLARATION of Zhihui Gong, PhD Regarding Design Around Products. Document filed by Hong Kong uCloudlink Network Technology Limited, uCloudlink (America), Ltd.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Lamberson, Jonathan)
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Filing 277
MOTION for Benjamin E. Weed to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17757047. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by SIMO Holdings Inc.. (Attachments: #1 Declaration of Benjamin E. Weed, #2 Exhibit A- Certificate of Good Standing, #3 Text of Proposed Order)(Weed, Benjamin)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #277 MOTION for Benjamin E. Weed to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17757047. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (aea)
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Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 10/7/2019. (Kotowski, Linda)
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First Supplemental ROA Sent to USCA Federal Circuit (Electronic File). Certified Supplemental Indexed record on Appeal Electronic Files for #276 Notice of Appeal to the Federal Circuit, filed by uCloudlink (America), Ltd., Hong Kong uCloudlink Network Technology Limited, uCloudlink Network Technology Limited were transmitted to the U.S. Court of Appeals. (tp)
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Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals Federal Circuit re: #276 Supplemental Notice of Appeal to the Federal Circuit. (tp) Modified on 10/3/2019 (tp).
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Filing 276
SUPPLEMENTAL NOTICE OF APPEAL TO THE FEDERAL CIRCUIT from #272 Order,,, #273 Order,. Form 7 and Form 22 are due within 14 days. Document filed by Hong Kong uCloudlink Network Technology Limited, uCloudlink (America), Ltd., uCloudlink Network Technology Limited. (Richards, Oliver)
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Filing 275
LETTER addressed to Judge Jed S. Rakoff from Jonathan J. Lamberson dated 9/28/2019 re: Pursuant to the Court's instruction during the telephonic conference held yesterday, Defendants uCloudlink Network Technology Ltd. and uCloudlink (America), Ltd. (collectively, "uCloudlink") respectfully submit this letter brief requesting that the Court clarify that its injunction does not prevent uCloudlink from selling redesigned products that cannot infringe the '689 patent, and as further specified in this letter. (rjm)
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Filing 274
LETTER addressed to Judge Jed S. Rakoff from Peter E. Soskin dated 9/29/2019 re: Pursuant to the Court's instructions, SIMO Holdings, Inc. ("SIMO") provides below its response to Hong Kong uCloudlink et al.'s ("uCloudlink") letter brief regarding the two issues as further specified in this letter. (rjm)
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Filing 273
MEMORANDUM ORDER. The Court will allow briefing, as well as some limited discovery, on the question of whether the Injunction Order should be modified to allow uCloudlink to sell its redesigned products. The parties are instructed to jointly proposed a schedule for such briefing and discovery, after which the Court will set a date for argument on this matter. SO ORDERED. (Signed by Judge Jed S. Rakoff on 9/30/2019) (rjm)
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Terminate Transcript Deadlines. (rjm)
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Filing 272
ORDER: Accordingly, the Court orders that parties shall, in their proposed Amended Judgment, account for, foreign damages according to SIMO's first proposed method. SIMO Holdings Inc. Br. 6, ECF 266. The parties shall first determine an average foreign data usage per device ( "AFDU"), by taking the total data used outside the United States during the infringing period and dividing it by the total number of devices sold and rented. The parties shall then multiply that AFDU by the number of devices sold and rented in the United States to get an estimate of the foreign data use associated with the U.S.-based infringing activity. The parties shall then factor this number by the jury- determined reasonable royalty rate of $2.96/5OOMB. This must all be done, and the proposed Amended Judgment presented to the Court,by no later than October 7, 2019. And as set forth herein. SO ORDERED. (Signed by Judge Jed S. Rakoff on 9/24/2019) (ama)
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Filing 271
NOTICE OF DOCKETING & USCA Case Number 19-2411 from the U.S.C.A. - Federal Circ. assigned to #270 Notice of Appeal to the Federal Circuit, filed by uCloudlink (America), Ltd., Hong Kong uCloudlink Network Technology Limited. (nd)
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Filing 270
NOTICE OF APPEAL TO THE FEDERAL CIRCUIT from #60 Order,, #163 Memorandum & Opinion,, #207 Judgment,, #204 Order on Motion for Miscellaneous Relief,, #131 Order on Motion for Summary Judgment,,,,,,,,, #64 Memorandum & Opinion, #91 Order, Terminate Motions,,,, #264 Memorandum & Opinion,,,,,,,,,,,. Form 7 and Form 22 are due within 14 days. Document filed by Hong Kong uCloudlink Network Technology Limited, uCloudlink (America), Ltd.. (Goter, Phillip)
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Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals for the Federal Circuit re: #270 Notice of Appeal to the Federal Circuit,. (nd)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT APPEAL. Notice to attorney Goter, Phillip to RE-FILE Document No. #267 Notice of Appeal to the Federal Circuit. The filing is deficient for the following reason(s): the order/judgment being appealed was not selected. Re-file the appeal using the event type Notice of Appeal to the Federal Circuit found under the event list Appeal Documents - attach the correct signed PDF - select the correct named filer/filers - select the correct order/judgment being appealed. (tp)
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Appeal Fee Paid electronically via Pay.gov: for #270 Notice of Appeal to the Federal Circuit. Document filed by Hong Kong uCloudlink Network Technology Limited, uCloudlink (America), Ltd. Filing fee $ 505.00. Pay.gov receipt number ANYSDC-17600397, paid on 9/13/2019. (nd)
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Filing 269
OPPOSITION BRIEF re: #265 Brief Regarding Foreign Sales. Document filed by SIMO Holdings Inc..(Davis, Harold)
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Filing 268
COUNTER BRIEF re: #266 Brief Regarding Foreign Damages. Document filed by Hong Kong uCloudlink Network Technology Limited, uCloudlink (America), Ltd..(Goter, Phillip)
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Filing 267
FILING ERROR - NO ORDER SELECTED FOR APPEAL - NOTICE OF APPEAL TO THE FEDERAL CIRCUIT. Form 7 and Form 22 are due within 14 days. Document filed by Hong Kong uCloudlink Network Technology Limited, uCloudlink (America), Ltd.. Filing fee $ 505.00, receipt number ANYSDC-17600397. (Goter, Phillip) Modified on 9/16/2019 (tp).
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Filing 266
BRIEF Related to uCloudlink's Royalty Estimate for Infringing Devices Sold in the United States. Document filed by SIMO Holdings Inc.. (Attachments: #1 Declaration of Christopher Martinez)(Davis, Harold)
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Filing 265
BRIEF Regarding Foreign Sales. Document filed by Hong Kong uCloudlink Network Technology Limited, uCloudlink (America), Ltd.. (Attachments: #1 Affidavit of Gao Wen)(Goter, Phillip)
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Filing 264
OPINION AND ORDER re: #222 MOTION for New Trial Defendants Hong Kong uCloudlink Network Technology Limited and uCloudlink (America), Ltd.'s Notice of Motion for a New Trial filed by uCloudlink (America), Ltd., Hong Kong uCloudlink Network Technology Limited, #216 MOTION for Permanent Injunction filed by SIMO Holdings Inc., #230 MOTION to Alter Judgment re: #207 Judgment, /Plaintiff SIMO Holdings, Inc.'s Notice of Motion to Amend the Judgment and Award Supplemental Damages and Prejudgment and Postjudgment Interest filed by SIMO Holdings Inc., #213 MOTION for Attorney Fees Pursuant to 35 U.S.C. 285 filed by SIMO Holdings Inc., #219 MOTION for Judgment as a Matter of Law Defendants Hong Kong uCloudlink Network Technology Limited and uCloudlink (America), Ltd's Notice of Renewed Motion for Judgment as a Matter of Law filed by uCloudlink (America), Ltd., Hong Kong uCloudlink Network Technology Limited. For the foregoing reasons, the Court disposes of the pending motions as follows: Defendants' motions for judgment as a matter of law and for a new trial are denied. Plaintiff's motion for attorney's fees is denied. Plaintiff's motion for a permanent injunction is granted. Defendants are hereby enjoined, beginning September 1, 2019, from selling, offering to sell, importing, or enabling the use of the Infringing Devices in the United States. Plaintiff's motion for costs is granted in the amount of $46,272.40. Plaintiff's motion to amend the judgment is granted. By no later than September 15, 2019, defendants shall serve on plaintiff (1) sales data for Daypasses and devices sold in the United States between January 1, 2019 and August 1, 2019, to the extent such data has not already been produced; and (2) sales data for Daypasses sold abroad for use with devices sold in the United States, between August 13, 2018 and August 31, 2019. Plaintiff's motion for pre- and post-judgment interest is granted. Pre-judgment interest shall be awarded on the jury's compensatory award, through the date of the jury's verdict, at the prime rate compounded quarterly. Post-judgment interest shall be awarded at the rate of the weekly average one-year constant maturity Treasury yield, compounded annually. By no later than September 30, 2019, the parties shall submit a joint proposed Amended Judgment consistent with this Opinion and Order. The proposed Amended Judgment shall include (1) the jury's original award; (2) the supplemental damages from the accounting ordered herein; (3) the calculation of pre- and post-judgment interest; (4) the 30% enhancement ordered by the Court to the jury's original verdict; and (5) the costs awarded above. The Clerk of the Court is directed to close docket entries 213, 216, 219, 222, and 230. SO ORDERED. (Signed by Judge Jed S. Rakoff on 8/28/2019) (mml)
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Filing 263
MOTION for James Huguenin-Love to Appear Pro Hac Vice Corrected. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Hong Kong uCloudlink Network Technology Limited, uCloudlink (America), Ltd.. (Attachments: #1 Affidavit of James Huguenin-Love, #2 Certificate of Good Standing - Minnesota, #3 Certificate of Good Standing - Nebraska, #4 Certificate of Good Standing - California, #5 Text of Proposed Order)(Huguenin-Love, James)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #263 MOTION for James Huguenin-Love to Appear Pro Hac Vice Corrected. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
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Filing 262
NOTICE OF CHANGE OF ADDRESS by Michael Theodore Zoppo on behalf of Hong Kong uCloudlink Network Technology Limited, uCloudlink (America), Ltd., uCloudlink Network Technology Limited. New Address: Fish & Richardson P.C., 601 Lexington Avenue, 52 Floor, New York, New York, United States 10022, 212-765-5070. (Zoppo, Michael)
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Filing 261
REPLY AFFIRMATION of Peter E. Soskin in Support re: #230 MOTION to Alter Judgment re: #207 Judgment,, /Plaintiff SIMO Holdings, Inc.'s Notice of Motion to Amend the Judgment and Award Supplemental Damages and Prejudgment and Postjudgment Interest.. Document filed by SIMO Holdings Inc.. (Attachments: #1 Exhibit A- Relevant portions of expert report of John Hansen, #2 Exhibit B- Relevant portions of supplemental expert report of John Hansen, #3 Exhibit C- Relevant portions of deposition of Eric Plam, #4 Exhibit D- Declaration of Jing Liu)(Soskin, Peter)
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Filing 260
REPLY MEMORANDUM OF LAW in Support re: #230 MOTION to Alter Judgment re: #207 Judgment,, /Plaintiff SIMO Holdings, Inc.'s Notice of Motion to Amend the Judgment and Award Supplemental Damages and Prejudgment and Postjudgment Interest. . Document filed by SIMO Holdings Inc.. (Soskin, Peter)
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Filing 259
REPLY MEMORANDUM OF LAW in Support re: #213 MOTION for Attorney Fees Pursuant to 35 U.S.C. 285. . Document filed by SIMO Holdings Inc.. (Weldon, Matthew)
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Filing 258
REPLY AFFIRMATION of Matthew J. Weldon in Support re: #216 MOTION for Permanent Injunction .. Document filed by SIMO Holdings Inc.. (Attachments: #1 Exhibit 1- Email to Defendants, #2 Exhibit 2- Copy of exhibit with certified English translation, #3 Exhibit 3- Copy of exhibit with certified English translation, #4 Exhibit 4- Copy of exhibit with certified English translation, #5 Exhibit 5- Excerpt of Rongrong Zeng deposition, #6 Exhibit 6- Excerpt of Shu He deposition)(Weldon, Matthew)
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Filing 257
REPLY AFFIRMATION of Jing Liu in Support re: #216 MOTION for Permanent Injunction .. Document filed by SIMO Holdings Inc.. (Weldon, Matthew)
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Filing 256
REPLY MEMORANDUM OF LAW in Support re: #216 MOTION for Permanent Injunction . . Document filed by SIMO Holdings Inc.. (Weldon, Matthew)
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Filing 255
REPLY to Response to Motion re: #222 MOTION for New Trial Defendants Hong Kong uCloudlink Network Technology Limited and uCloudlink (America), Ltd.'s Notice of Motion for a New Trial. . Document filed by Hong Kong uCloudlink Network Technology Limited, uCloudlink (America), Ltd.. (Goter, Phillip)
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Filing 254
REPLY to Response to Motion re: #219 MOTION for Judgment as a Matter of Law Defendants Hong Kong uCloudlink Network Technology Limited and uCloudlink (America), Ltd's Notice of Renewed Motion for Judgment as a Matter of Law. . Document filed by Hong Kong uCloudlink Network Technology Limited, uCloudlink (America), Ltd.. (Goter, Phillip)
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Filing 253
ORDER GRANTING MOTION OF MORGAN LEWIS & BOCKIUS LLP TO WITHDRAW AS COUNSEL FOR DEFENDANTS granting #250 Motion to Withdraw: IT IS SO ORDERED that Defendants' Motion is GRANTED. (Signed by Judge Jed S. Rakoff on 7/26/2019) (jwh) Modified on 7/29/2019 (jwh).
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Filing 252
ORDER granting #249 Motion for Jonathan J. Lamberson to Appear Pro Hac Vice. (Signed by Judge Jed S. Rakoff on 7/26/2019) (jwh) Modified on 7/29/2019 (jwh).
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Filing 251
MEMORANDUM OF LAW in Support re: #250 MOTION to Withdraw Motion of Morgan Lewis & Bockius LLP to Withdraw as Counsel for Defendants. . Document filed by Hong Kong uCloudlink Network Technology Limited, uCloudlink (America), Ltd.. (Attachments: #1 Text of Proposed Order)(White, Jason)
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Filing 250
MOTION to Withdraw Motion of Morgan Lewis & Bockius LLP to Withdraw as Counsel for Defendants. Document filed by Hong Kong uCloudlink Network Technology Limited, uCloudlink (America), Ltd..(White, Jason)
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Filing 249
MOTION for Jonathan J. Lamberson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17313372. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Hong Kong uCloudlink Network Technology Limited, uCloudlink (America), Ltd.. (Attachments: #1 Affidavit of Jonathan J. Lamberson, #2 Text of Proposed Order)(Lamberson, Jonathan)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #249 MOTION for Jonathan J. Lamberson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17313372. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
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Filing 248
DECLARATION of Phillip W. Goter in Opposition re: #230 MOTION to Alter Judgment re: #207 Judgment,, /Plaintiff SIMO Holdings, Inc.'s Notice of Motion to Amend the Judgment and Award Supplemental Damages and Prejudgment and Postjudgment Interest.. Document filed by Hong Kong uCloudlink Network Technology Limited, uCloudlink (America), Ltd.. (Attachments: #1 Exhibit 1)(Goter, Phillip)
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Filing 247
RESPONSE in Opposition to Motion re: #230 MOTION to Alter Judgment re: #207 Judgment,, /Plaintiff SIMO Holdings, Inc.'s Notice of Motion to Amend the Judgment and Award Supplemental Damages and Prejudgment and Postjudgment Interest. . Document filed by Hong Kong uCloudlink Network Technology Limited, uCloudlink (America), Ltd.. (Goter, Phillip)
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Filing 246
MEMORANDUM OF LAW in Opposition re: #222 MOTION for New Trial Defendants Hong Kong uCloudlink Network Technology Limited and uCloudlink (America), Ltd.'s Notice of Motion for a New Trial. . Document filed by SIMO Holdings Inc.. (Weldon, Matthew)
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Filing 245
DECLARATION of Matthew J. Weldon in Opposition re: #222 MOTION for New Trial Defendants Hong Kong uCloudlink Network Technology Limited and uCloudlink (America), Ltd.'s Notice of Motion for a New Trial.. Document filed by SIMO Holdings Inc.. (Attachments: #1 Exhibit A- Damages Contentions (Redacted))(Weldon, Matthew)
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Filing 244
MEMORANDUM OF LAW in Opposition re: #219 MOTION for Judgment as a Matter of Law Defendants Hong Kong uCloudlink Network Technology Limited and uCloudlink (America), Ltd's Notice of Renewed Motion for Judgment as a Matter of Law. . Document filed by SIMO Holdings Inc.. (Weldon, Matthew)
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Filing 243
DECLARATION of Matthew J. Weldon in Opposition re: #219 MOTION for Judgment as a Matter of Law Defendants Hong Kong uCloudlink Network Technology Limited and uCloudlink (America), Ltd's Notice of Renewed Motion for Judgment as a Matter of Law.. Document filed by SIMO Holdings Inc.. (Attachments: #1 Exhibit 1- Copy of PDX-4, #2 Exhibit 2- Damages Contentions(Redacted), #3 Exhibit 3- Copy of PDX-3, #4 Exhibit 4- Copy of PDX-5)(Weldon, Matthew)
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Filing 242
DECLARATION of Zhihui Gong, Ph.D. in Opposition re: #216 MOTION for Permanent Injunction .. Document filed by Hong Kong uCloudlink Network Technology Limited, uCloudlink (America), Ltd.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Goter, Phillip)
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Filing 241
DECLARATION of Phillip W. Goter in Opposition re: #216 MOTION for Permanent Injunction .. Document filed by Hong Kong uCloudlink Network Technology Limited, uCloudlink (America), Ltd.. (Attachments: #1 Exhibit A)(Goter, Phillip)
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Filing 240
RESPONSE in Opposition to Motion re: #216 MOTION for Permanent Injunction . . Document filed by Hong Kong uCloudlink Network Technology Limited, uCloudlink (America), Ltd.. (Goter, Phillip)
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Filing 239
RESPONSE in Opposition to Motion re: #213 MOTION for Attorney Fees Pursuant to 35 U.S.C. 285. . Document filed by Hong Kong uCloudlink Network Technology Limited, uCloudlink (America), Ltd.. (Goter, Phillip)
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Filing 238
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for James Huguenin-Love to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17294490. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Hong Kong uCloudlink Network Technology Limited, uCloudlink (America), Ltd., uCloudlink Network Technology Limited. (Attachments: #1 Affidavit, #2 Certificate of Good Standing, #3 Certificate of Good Standing, #4 Certificate of Good Standing, #5 Text of Proposed Order)(Huguenin-Love, James) Modified on 7/23/2019 (bcu).
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>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #238 MOTION for James Huguenin-Love to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17294490. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of California. We do not except them from a state bar association.;. Re-file the motion as a Corrected Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (bcu)
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Filing 237
ORDER FOR ADMISSION PRO HAC VICE FOR OLIVER J. RICHARDS granting #236 Motion for Oliver James Richards to Appear Pro Hac Vice. (Signed by Judge Jed S. Rakoff on 7/18/2019) (jwh)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #236 MOTION for Oliver James Richards to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
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Pro Hac Vice Fee Paid electronically via Pay.gov: for #236 MOTION for Oliver James Richards to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. Filing fee $ 200.00. Pay.gov receipt number ANYSDC-17254830, paid on 7/16/2019. (wb)
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Filing 236
MOTION for Oliver James Richards to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Hong Kong uCloudlink Network Technology Limited, uCloudlink (America), Ltd.. (Attachments: #1 Affidavit of Oliver J. Richards in Support of Motion for Admission Pro Hac Vice, #2 Certificate of Good Standing, #3 Text of Proposed Order)(Richards, Oliver)
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Filing 235
ORDER FOR ADMISSION PRO HAC VICE FOR PHILLIP W. GOTER granting #229 Motion for Phillip W. Goter to Appear Pro Hac Vice. (Signed by Judge Jed S. Rakoff on 7/11/2019) (jwh)
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Filing 234
MEMORANDUM OF LAW in Support re: #230 MOTION to Alter Judgment re: #207 Judgment,, /Plaintiff SIMO Holdings, Inc.'s Notice of Motion to Amend the Judgment and Award Supplemental Damages and Prejudgment and Postjudgment Interest. . Document filed by SIMO Holdings Inc.. (Weldon, Matthew)
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Filing 233
DECLARATION of Matthew J. Weldon in Support re: #230 MOTION to Alter Judgment re: #207 Judgment,, /Plaintiff SIMO Holdings, Inc.'s Notice of Motion to Amend the Judgment and Award Supplemental Damages and Prejudgment and Postjudgment Interest.. Document filed by SIMO Holdings Inc.. (Attachments: #1 Exhibit A- Excerpts from the Expert Rebuttal Report of John L. Hansen, #2 Exhibit B- Excerpts from deposition transcript of John L. Hansen, #3 Exhibit C- Excerpts from the Expert Report of Christopher A. Martinez, #4 Exhibit D- Excerpts from deposition transcript of Christopher A. Martinez, #5 Exhibit E- Copy of the email sent from Bradford A. Cangro on May 22, 2019, #6 Exhibit F- Declaration of Christopher Martinez with schedules)(Weldon, Matthew)
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Filing 232
ORDER FOR ADMISSION PRO HAC VICE FOR CHERYL WANG: The motion of Cheryl Wang for admission to practice Pro Hac Vice in the above-captioned action is granted. (Signed by Judge Jed S. Rakoff on 7/09/2019) (ama)
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Filing 231
DECLARATION of Eric Plam in Support re: #230 MOTION to Alter Judgment re: #207 Judgment,, /Plaintiff SIMO Holdings, Inc.'s Notice of Motion to Amend the Judgment and Award Supplemental Damages and Prejudgment and Postjudgment Interest.. Document filed by SIMO Holdings Inc.. (Attachments: #1 Exhibit 1- Facility Agreement, #2 Exhibit 2- Loan Agreement)(Weldon, Matthew)
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Filing 230
MOTION to Alter Judgment re: #207 Judgment,, /Plaintiff SIMO Holdings, Inc.'s Notice of Motion to Amend the Judgment and Award Supplemental Damages and Prejudgment and Postjudgment Interest. Document filed by SIMO Holdings Inc..(Weldon, Matthew)
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Filing 229
MOTION for Phillip W. Goter to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17211995. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Hong Kong uCloudlink Network Technology Limited, uCloudlink (America), Ltd., uCloudlink Network Technology Limited. (Attachments: #1 Affidavit, #2 Certificate of Good Standing, #3 Text of Proposed Order)(Goter, Phillip)
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>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #228 MOTION for Cheryl Wang to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number BNYSDC-17205932. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of California;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (wb)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #229 MOTION for Phillip W. Goter to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17211995. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (jc)
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Filing 228
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Cheryl Wang to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number BNYSDC-17205932. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Hong Kong uCloudlink Network Technology Limited, uCloudlink (America), Ltd., uCloudlink Network Technology Limited. (Attachments: #1 Affidavit of Cheryl Wlang In Support of Motion for Admission Pro Hac Vice, #2 Exhibit 1 - Certificate of Good Standing, #3 Text of Proposed Order)(Wang, Cheryl) Modified on 7/9/2019 (wb).
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***NOTICE TO ATTORNEY REGARDING REJECTION OF BILL OF COSTS NOTICE OF TAXATION FOR NON-COMPLIANCE WITH LOCAL RULE 54.1: Notice to Attorney Harold Davis, document #211 Bill of Costs Notice of Taxation, was rejected by the Clerk's Office for the following reason: there is a motion for a new trial pending in the case. The filer must wait until the motion is disposed of. Please refile the Bill of Costs Notice of Taxation within 30 days of entry of order or judgment disposing of motion. (dt)
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Filing 227
NOTICE OF APPEARANCE by Michael Theodore Zoppo on behalf of Hong Kong uCloudlink Network Technology Limited, uCloudlink (America), Ltd., uCloudlink Network Technology Limited. (Zoppo, Michael)
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Filing 226
NOTICE OF APPEARANCE by Excylyn Janaize Hardin-Smith on behalf of Hong Kong uCloudlink Network Technology Limited, uCloudlink (America), Ltd.. (Hardin-Smith, Excylyn)
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Filing 225
Objection re: #211 Bill of Costs Notice of Taxation, . Document filed by Hong Kong uCloudlink Network Technology Limited, uCloudlink (America), Ltd.. (Attachments: #1 Exhibit 1)(White, Jason)
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Filing 224
MEMORANDUM OF LAW in Support re: #222 MOTION for New Trial Defendants Hong Kong uCloudlink Network Technology Limited and uCloudlink (America), Ltd.'s Notice of Motion for a New Trial. . Document filed by Hong Kong uCloudlink Network Technology Limited, uCloudlink (America), Ltd.. (White, Jason)
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Filing 223
DECLARATION of Nicholas A. Restauri in Support re: #222 MOTION for New Trial Defendants Hong Kong uCloudlink Network Technology Limited and uCloudlink (America), Ltd.'s Notice of Motion for a New Trial.. Document filed by Hong Kong uCloudlink Network Technology Limited, uCloudlink (America), Ltd.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Restauri, Nicholas)
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Filing 222
MOTION for New Trial Defendants Hong Kong uCloudlink Network Technology Limited and uCloudlink (America), Ltd.'s Notice of Motion for a New Trial. Document filed by Hong Kong uCloudlink Network Technology Limited, uCloudlink (America), Ltd..(White, Jason)
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Filing 221
MEMORANDUM OF LAW in Support re: #219 MOTION for Judgment as a Matter of Law Defendants Hong Kong uCloudlink Network Technology Limited and uCloudlink (America), Ltd's Notice of Renewed Motion for Judgment as a Matter of Law. . Document filed by Hong Kong uCloudlink Network Technology Limited, uCloudlink (America), Ltd.. (White, Jason)
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Filing 220
DECLARATION of Nicholas A. Restauri in Support re: #219 MOTION for Judgment as a Matter of Law Defendants Hong Kong uCloudlink Network Technology Limited and uCloudlink (America), Ltd's Notice of Renewed Motion for Judgment as a Matter of Law.. Document filed by Hong Kong uCloudlink Network Technology Limited, uCloudlink (America), Ltd.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(White, Jason)
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Filing 219
MOTION for Judgment as a Matter of Law Defendants Hong Kong uCloudlink Network Technology Limited and uCloudlink (America), Ltd's Notice of Renewed Motion for Judgment as a Matter of Law. Document filed by Hong Kong uCloudlink Network Technology Limited, uCloudlink (America), Ltd..(White, Jason)
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Filing 218
MEMORANDUM OF LAW in Support re: #216 MOTION for Permanent Injunction . . Document filed by SIMO Holdings Inc.. (Soskin, Peter)
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Filing 217
DECLARATION of Peter E. Soskin in Support re: #216 MOTION for Permanent Injunction .. Document filed by SIMO Holdings Inc.. (Attachments: #1 Exhibit A- Expert Report of Christopher Martinez, #2 Exhibit B- Clip report of Rongrong Zengs deposition testimony, #3 Exhibit C- Article from nytimes.com dated April 9, 2019, #4 Exhibit D- Excerpts from deposition of Christopher Martinez)(Soskin, Peter)
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Filing 216
MOTION for Permanent Injunction . Document filed by SIMO Holdings Inc..(Soskin, Peter)
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Filing 215
MEMORANDUM OF LAW in Support re: #213 MOTION for Attorney Fees Pursuant to 35 U.S.C. 285. . Document filed by SIMO Holdings Inc.. (Soskin, Peter)
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Filing 214
DECLARATION of Peter E. Soskin in Support re: #213 MOTION for Attorney Fees Pursuant to 35 U.S.C. 285.. Document filed by SIMO Holdings Inc.. (Attachments: #1 Exhibit 1- Defendants September 10, 2018 Invalidity Contentions, #2 Exhibit 2- Defendants October 26 2018 Invalidity Contentions, #3 Exhibit 3- January 14, 2019 Invalidity Report of Martin J. Feuerstein)(Soskin, Peter)
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Filing 213
MOTION for Attorney Fees Pursuant to 35 U.S.C. 285. Document filed by SIMO Holdings Inc..(Soskin, Peter)
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Filing 212
DECLARATION of Harold H. Davis, Jr. in Support re: #211 Bill of Costs Notice of Taxation,. Document filed by SIMO Holdings Inc.. (Attachments: #1 Exhibit A- Copies of receipts for fees of the Clerk of Court, #2 Exhibit B- Copies of receipts for transcripts, #3 Exhibit C- Copies of receipts for fees ans disbursements for printing, #4 Exhibit D- Copies of receipts for interpreters and costs of special interpretation services, #5 Exhibit E- Copies of receipts for fees for witnesses)(Davis, Harold)
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Filing 211
FILING ERROR - MOTION FOR A NEW TRIAL PENDING - BILL OF COSTS NOTICE OF TAXATION to recover costs against Hong Kong uCloudlink Network Technology Limited, uCloudlink (America), Ltd.. Document filed by SIMO Holdings Inc.. The Clerk may tax costs 14 days after this filing. Objections to Bill of Costs due by 7/2/2019 (Attachments: #1 Bill of Costs)(Davis, Harold) Modified on 7/3/2019 (dt).
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***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Harold Davis to RE-FILE Document #209 Bill of Costs Notice of Taxation. ERROR(S): Notice of Application of Costs missing date at least 15 days from re-filing and time (11:00 a.m.) please look at 16cv6706 as sample. Re-file the Notice with the Bill of costs attached as an exhibit under Other Documents, as a Bill of Costs Notice of Taxation, then separately re-file the Declaration with receipts under Other Answers, as a Declaration in support of a Non-Motion. (dt) Modified on 6/18/2019 (dt).
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Filing 210
DECLARATION of Harold H. Davis, Jr. in Support re: #209 Bill of Costs Notice of Taxation,. Document filed by SIMO Holdings Inc.. (Attachments: #1 Exhibit A- Copies of receipts for fees of the Clerk of Court, #2 Exhibit B- Copies of receipts for transcripts, #3 Exhibit C- Copies of receipts for fees ans disbursements for printing, #4 Exhibit D- Copies of receipts for interpreters and costs of special interpretation services, #5 Exhibit E- Copies of receipts for fees for witnesses)(Davis, Harold)
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Filing 209
FILING ERROR - DEFICIENT DOCKET ENTRY - BILL OF COSTS NOTICE OF TAXATION to recover costs against Hong Kong uCloudlink Network Technology Limited, uCloudlink (America), Ltd.. Document filed by SIMO Holdings Inc.. The Clerk may tax costs 14 days after this filing. Objections to Bill of Costs due by 6/27/2019(Davis, Harold) Modified on 6/18/2019 (dt). Modified on 6/18/2019 (dt).
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Filing 208
AO 120 FORM PATENT - CASE TERMINATED - SUBMITTED. In compliance with the provisions of 35 U.S.C. 290, the Director of the U.S. Patent and Trademark Office is hereby advised that a final decision was rendered on 6/12/2019 in a court action filed on the following patent(s) in the U.S. District Court Southern District of New York. Director of the U.S. Patent and Trademark Office electronically notified via Notice of Electronic Filing (NEF). (ama)
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Filing 207
JUDGMENT: A jury having returned a verdict of willful infringement and awarded plaintiff $2,183,562.40 in compensatory damages, see ECF No. 180, and the Court having increased that damages award by 30% to account for the jury's finding of willfulness, see ECF No. 204, judgment is hereby entered holding defendants Hong Kong uCloudlink Network Technology Limited and uCloudlink (America), Ltd. jointly and severally liable to plaintiff SIMO Holdings Inc. in the amount of $2,838,631.12. SO ORDERED. (Signed by Judge Jed S. Rakoff on 6/05/2019) (ama)
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Terminate Transcript Deadlines (ama)
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Filing 206
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 4/5/19 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
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Filing 205
TRANSCRIPT of Proceedings re: confernece held on 4/5/2019 before Judge Jed S. Rakoff. Court Reporter/Transcriber: Kelly Surina, (212) 805-0300. 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 6/25/2019. Redacted Transcript Deadline set for 7/5/2019. Release of Transcript Restriction set for 9/3/2019.(McGuirk, Kelly)
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Filing 204
MEMORANDUM ORDER granting in part and denying in part #181 Motion: In summary, because the jury determined that uCloudlink deliberately infringed, the Court finds that enhanced damages are appropriate. However, because the evidence is mixed as to the extent of that misconduct, SIMO's proposed enhancement of 50 percent is too high. SIMO's motion is therefore granted, but only to the extent of increasing damages by 30 percent. The parties are directed to call chambers by no later than Friday, June 7, to schedule the filing of any remaining post-verdict motions. The Clerk of the Court is directed to close docket entry 181. (Signed by Judge Jed S. Rakoff on 6/3/2019) (jwh)
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Filing 203
REPLY MEMORANDUM OF LAW in Support re: #181 MOTION for Enhanced Damages . . Document filed by SIMO Holdings Inc.. (Soskin, Peter)
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Filing 202
REPLY AFFIRMATION of Peter E. Soskin in Support re: #181 MOTION for Enhanced Damages .. Document filed by SIMO Holdings Inc.. (Attachments: #1 Exhibit 9- UCLOUDLINK0217228-230 (Redacted), #2 Exhibit 10- UCLOUDLINK0217231-238 (Redacted))(Soskin, Peter)
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Filing 201
RESPONSE in Opposition to Motion re: #181 MOTION for Enhanced Damages . Defendants' Opposition to Plaintiff SIMO Holding, Inc.'s Motion For Enhanced Damages. Document filed by Hong Kong uCloudlink Network Technology Limited, uCloudlink (America), Ltd.. (Attachments: #1 Affidavit Declaration of Brad A. Cangro ISO Defendants' Opppoisiton to Plaintiff SIMO Holding, Inc.'s Motion for Enhanced Damages, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12)(White, Jason)
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Filing 200
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 5/9/19 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
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Filing 199
TRANSCRIPT of Proceedings re: TRIAL held on 5/9/2019 before Judge Jed S. Rakoff. Court Reporter/Transcriber: Steven Greenblum, (212) 805-0300. 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 6/11/2019. Redacted Transcript Deadline set for 6/21/2019. Release of Transcript Restriction set for 8/19/2019.(McGuirk, Kelly)
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Filing 198
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 5/8/19 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
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Filing 197
TRANSCRIPT of Proceedings re: TRIAL held on 5/8/2019 before Judge Jed S. Rakoff. Court Reporter/Transcriber: Steven Greenblum, (212) 805-0300. 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 6/11/2019. Redacted Transcript Deadline set for 6/21/2019. Release of Transcript Restriction set for 8/19/2019.(McGuirk, Kelly)
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Filing 196
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 5/7/19 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
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Filing 195
TRANSCRIPT of Proceedings re: TRIAL held on 5/7/2019 before Judge Jed S. Rakoff. Court Reporter/Transcriber: Steven Greenblum, (212) 805-0300. 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 6/11/2019. Redacted Transcript Deadline set for 6/21/2019. Release of Transcript Restriction set for 8/19/2019.(McGuirk, Kelly)
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Filing 194
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 5/6/19 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
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Filing 193
TRANSCRIPT of Proceedings re: TRIAL held on 5/6/2019 before Judge Jed S. Rakoff. Court Reporter/Transcriber: Steven Greenblum, (212) 805-0300. 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 6/11/2019. Redacted Transcript Deadline set for 6/21/2019. Release of Transcript Restriction set for 8/19/2019.(McGuirk, Kelly)
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Filing 192
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 5/3/19 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
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Filing 191
TRANSCRIPT of Proceedings re: TRIAL held on 5/3/2019 before Judge Jed S. Rakoff. Court Reporter/Transcriber: Steven Greenblum, (212) 805-0300. 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 6/11/2019. Redacted Transcript Deadline set for 6/21/2019. Release of Transcript Restriction set for 8/19/2019.(McGuirk, Kelly)
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Filing 190
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 5/2/19 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
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Filing 189
TRANSCRIPT of Proceedings re: TRIAL held on 5/2/2019 before Judge Jed S. Rakoff. Court Reporter/Transcriber: Steven Greenblum, (212) 805-0300. 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 6/11/2019. Redacted Transcript Deadline set for 6/21/2019. Release of Transcript Restriction set for 8/19/2019.(McGuirk, Kelly)
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Filing 188
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 5/1/19 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
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Filing 187
TRANSCRIPT of Proceedings re: TRIAL held on 5/1/2019 before Judge Jed S. Rakoff. Court Reporter/Transcriber: Steven Greenblum, (212) 805-0300. 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 6/11/2019. Redacted Transcript Deadline set for 6/21/2019. Release of Transcript Restriction set for 8/19/2019.(McGuirk, Kelly)
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Filing 186
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 4/24/19 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
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Filing 185
TRANSCRIPT of Proceedings re: CONFERENCE held on 4/24/2019 before Judge Jed S. Rakoff. Court Reporter/Transcriber: Khristine Sellin, (212) 805-0300. 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 6/11/2019. Redacted Transcript Deadline set for 6/21/2019. Release of Transcript Restriction set for 8/19/2019.(McGuirk, Kelly)
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Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 5/14/2019. (Kotowski, Linda)
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Filing 184
THE COURT'S INSTRUCTIONS OF LAW TO THE JURY. Ct. Ex. 1(jwh)
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Filing 183
DECLARATION of Peter E. Soskin in Support re: #181 MOTION for Enhanced Damages .. Document filed by SIMO Holdings Inc.. (Attachments: #1 Exhibit 1- Clip report for Rongrong Zeng, #2 Exhibit 2- Clip report for Wang Bin, #3 Exhibit 3- Amended Notice of Deposition of Wang Bin, #4 Exhibit 4- Emails regarding dismissal of action, #5 Exhibit 5- Letter from Defense Counsel to the Court dated August 31, 2018, #6 Exhibit 6- Emails regarding the status of uCloudlinks witness attendance at trial, #7 Exhibit 7- March 1, 2019 email from Samuel Steinbock-Pratt to Counsel, #8 Exhibit 8- uCloudlink Corporate Introduction documents)(Soskin, Peter)
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Filing 182
MEMORANDUM OF LAW in Support re: #181 MOTION for Enhanced Damages . . Document filed by SIMO Holdings Inc.. (Soskin, Peter)
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Filing 181
MOTION for Enhanced Damages . Document filed by SIMO Holdings Inc..(Soskin, Peter)
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Filing 180
JURY VERDICT dated 5/9/2019.(jwh)
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Minute Entry for proceedings held before Judge Jed S. Rakoff: Jury Trial completed on 5/9/2019. (Kotowski, Linda)
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Minute Entry for proceedings held before Judge Jed S. Rakoff: Jury Trial held on 5/8/2019. (Kotowski, Linda)
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Minute Entry for proceedings held before Judge Jed S. Rakoff: Jury Trial held on 5/7/2019. (Kotowski, Linda)
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Filing 179
PROPOSED JURY INSTRUCTIONS. Document filed by Hong Kong uCloudlink Network Technology Limited, uCloudlink (America), Ltd..(White, Jason)
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Filing 178
PROPOSED JURY INSTRUCTIONS. Document filed by Hong Kong uCloudlink Network Technology Limited, uCloudlink (America), Ltd..(White, Jason)
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Filing 177
PROPOSED JURY INSTRUCTIONS. Document filed by Hong Kong uCloudlink Network Technology Limited, uCloudlink (America), Ltd..(White, Jason)
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Filing 176
PROPOSED JURY INSTRUCTIONS. Document filed by SIMO Holdings Inc..(Weldon, Matthew)
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Filing 175
MEMORANDUM OF LAW in Opposition re: #169 MOTION for Judgment as a Matter of Law . . Document filed by SIMO Holdings Inc.. (Weldon, Matthew)
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Filing 174
DECLARATION of Matthew J. Weldon in Opposition re: #169 MOTION for Judgment as a Matter of Law .. Document filed by SIMO Holdings Inc.. (Attachments: #1 Exhibit 1- Excerpts from deposition transcript, #2 Exhibit 2- Excerpts from deposition transcript, #3 Exhibit 3- Excerpts from deposition transcript, #4 Exhibit 4- Excerpts from deposition transcript, #5 Exhibit 5- U.S. Patent: 9,736,689, #6 Exhibit 6A- PX-156, #7 Exhibit 6B- PX-284, #8 Exhibit 6C PX-285, #9 Exhibit 7- PX-017, #10 Exhibit 8- PX-226, #11 Exhibit 9- PX-443, #12 Exhibit 10- PX-256, #13 Exhibit 11- PX-257, #14 Exhibit 12- PX-258, #15 Exhibit 13- PX-259, #16 Exhibit 14- PX-260, #17 Exhibit 15- PX-261, #18 Exhibit 16- PX-262, #19 Exhibit 17- PX-263, #20 Exhibit 18- PX-264, #21 Exhibit 19- PX-266, #22 Exhibit 20- PX-267, #23 Exhibit 21- PX-268, #24 Exhibit 22- PX-269, #25 Exhibit 23- PX-5 through PX-8, #26 Exhibit 24- PX-447through PX-455)(Weldon, Matthew)
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Filing 173
PROPOSED JURY INSTRUCTIONS. Document filed by Hong Kong uCloudlink Network Technology Limited, uCloudlink (America), Ltd..(White, Jason)
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Filing 172
PROPOSED JURY INSTRUCTIONS. Document filed by Hong Kong uCloudlink Network Technology Limited, uCloudlink (America), Ltd..(White, Jason)
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Filing 171
MEMORANDUM OF LAW in Support re: #169 MOTION for Judgment as a Matter of Law . (Corrected). Document filed by Hong Kong uCloudlink Network Technology Limited, uCloudlink (America), Ltd.. (Cangro, Bradford)
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Filing 170
MEMORANDUM OF LAW in Support re: #169 MOTION for Judgment as a Matter of Law . . Document filed by Hong Kong uCloudlink Network Technology Limited, uCloudlink (America), Ltd.. (Cangro, Bradford)
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Filing 169
MOTION for Judgment as a Matter of Law . Document filed by Hong Kong uCloudlink Network Technology Limited, uCloudlink (America), Ltd..(Cangro, Bradford)
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Minute Entry for proceedings held before Judge Jed S. Rakoff: Jury Trial held on 5/6/2019. (Kotowski, Linda)
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Filing 168
DECLARATION of Matthew J. Weldon in Opposition re: #166 Proposed Jury Instructions. Document filed by SIMO Holdings Inc.. (Attachments: #1 Exhibit 1- Excerpts from New York Pattern Jury Instructions, #2 Exhibit 2- Objections and responses, #3 Exhibit 3- Amended Notice of Deposition, #4 Exhibit 4- Excerpts from Wang Bin deposition transcript, #5 Exhibit 5- Excerpts from Wang Bin deposition transcript)(Weldon, Matthew)
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Filing 167
MEMORANDUM OF LAW in Opposition re: #166 Proposed Jury Instructions . Document filed by SIMO Holdings Inc.. (Weldon, Matthew)
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Filing 166
PROPOSED JURY INSTRUCTIONS. Document filed by Hong Kong uCloudlink Network Technology Limited, uCloudlink (America), Ltd..(White, Jason)
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Minute Entry for proceedings held before Judge Jed S. Rakoff: Jury Trial held on 5/3/2019. (Kotowski, Linda)
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Minute Entry for proceedings held before Judge Jed S. Rakoff: Jury Trial held on 5/2/2019. (Kotowski, Linda)
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Minute Entry for proceedings held before Judge Jed S. Rakoff: Jury Trial begun on 5/1/2019. (Kotowski, Linda)
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Filing 165
STIPULATION: IT IS HEREBY STIPULATED by the undersigned counsel on behalf of the Plaintiff, SIMO Holdings Inc. ("SIMO" or "Plaintiff") and Defendants Hong Kong uCloudlink Network Technology Limited and Ucloudlink (America), Ltd. ("uCloudlink" or "Defendants") (collectively the "Stipulating Parties"): 1. WHEREAS, SIMO brought this action against uCloudlink alleging infringement of certain claims of U.S. Patent No. 9,736,689 ("the '689 patent") by uCloudlink's G2, G3, and U2 Series WiFi hotspot devices, as well as the S1 mobile phone, in the United States (collectively, the "Accused Products"), and as further set forth in this stipulation. PURSUANT TO STIPULATION, IT IS ORDERED that the forgoing Stipulation is approved. (Signed by Judge Jed S. Rakoff on 5/1/2019) (jwh)
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***DELETED DOCUMENT. Deleted document number #165 SCHEDULING ORDER. The document was incorrectly filed in this case. (jwh)
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Filing 164
ORDER granting #33 Motion for Yang Liu to Appear Pro Hac Vice. (Signed by Judge Jed S. Rakoff on 4/26/2019) (jwh)
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Filing 163
OPINION: For the foregoing reasons, the Court, in its Order dated April 12, 2019, granted SIMO's motion for summary judgment as to infringement of claims 8 and 11, and denied uCloudlink's motion for summary judgment of non-infringement. The Court further granted SIMO's motion for partial summary judgment of validity to the extent of ruling that the Kasper reference is not prior art. Finally, the Court granted uCloudlink's motion for summary judgment as to pre-suit damages to the extent of ruling that the date of notice is August 13, 2018 for the G2, G3, and U2 Devices, and August 20, 2018 for the S1 Device. (Signed by Judge Jed S. Rakoff on 4/25/2019) (mro)
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Filing 162
PROPOSED VOIR DIRE QUESTIONS. Document filed by SIMO Holdings Inc..(Soskin, Peter)
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Filing 161
REPLY re: #160 Opposition Brief . Document filed by SIMO Holdings Inc.. (Attachments: #1 Exhibit G- deposition excerpt)(Davis, Harold)
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Filing 160
OPPOSITION BRIEF re: #159 Brief, #158 Brief, . Document filed by Hong Kong uCloudlink Network Technology Limited, uCloudlink (America), Ltd..(Cangro, Bradford)
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Filing 159
BRIEF / Letter to Honorable Jed S. Rakoff with revised exhibit A (correcting exhibit A at docket entry no, 158). Document filed by SIMO Holdings Inc.. (Attachments: #1 Exhibit A- Report)(Davis, Harold)
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Filing 158
BRIEF Letter to Honorable Jed S. Rakoff. Document filed by SIMO Holdings Inc.. (Attachments: #1 Exhibit A- report, #2 Exhibit B- Report, #3 Exhibit C- Deposition, #4 Exhibit D- Emails, #5 Exhibit E- Emails, #6 Exhibit F- emails)(Davis, Harold)
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Filing 157
PROPOSED JURY INSTRUCTIONS. Document filed by SIMO Holdings Inc..(Soskin, Peter)
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Filing 156
PROPOSED JURY INSTRUCTIONS. Document filed by SIMO Holdings Inc..(Soskin, Peter)
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Minute Entry for proceedings held before Judge Jed S. Rakoff: Oral Argument held on 4/24/2019 re: #138 MOTION in Limine / Plaintiff SIMO Holdings Inc.'s Notice of Motions in Limine. filed by SIMO Holdings Inc., #144 MOTION in Limine . filed by uCloudlink (America), Ltd., Hong Kong uCloudlink Network Technology Limited. (Kotowski, Linda)
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Filing 155
PROPOSED CONSENT ORDER. Document filed by SIMO Holdings Inc.. (Attachments: #1 Exhibit A- Objections, #2 Exhibit B- Objections) (Soskin, Peter)
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Filing 154
DECLARATION of Peter E. Soskin in Opposition re: #141 MOTION to Preclude /Exclude Testimony of Christopher A. Martinez.. Document filed by SIMO Holdings Inc.. (Attachments: #1 Exhibit 1- 1-Excerpts from Expert Rebuttal Report of John Hansen, #2 Exhibit 2- 2-Excerpts from the deposition transcript of John Hansen, #3 Exhibit 3- 3-Copy of the document produced at Bates No. SIMO_017277477, #4 Exhibit 4- 4-Copy of the document produced at Bates No. SIMO_172788804, #5 Exhibit 5- 5-Copy of the document produced at Bates No. SIMO_0041994-08, #6 Exhibit 6- 6-Copy of U.S. Patent No. 9,736,689, #7 Exhibit 7- 7-Excerpts from deposition transcript of Christopher Martinez, #8 Exhibit 8- Copy of document produced at Bates No. SIMO_001641523, #9 Exhibit 9- Copy of document produced at Bates No. SIMO_001653142, #10 Exhibit 10- Copy of document produced at Bates No. SIMO_001657792, #11 Exhibit 11- Copy of document produced at Bates No. SIMO_001666170)(Soskin, Peter)
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Filing 153
DECLARATION of Bradford A. Cangro in Opposition re: #138 MOTION in Limine / Plaintiff SIMO Holdings Inc.'s Notice of Motions in Limine.. Document filed by Hong Kong uCloudlink Network Technology Limited, uCloudlink (America), Ltd.. (Attachments: #1 Exhibit A (REDACTED), #2 Exhibit B (REDACTED), #3 Exhibit C (REDACTED), #4 Exhibit D, #5 Exhibit E (REDACTED), #6 Exhibit F (REDACTED), #7 Exhibit G, #8 Exhibit H (REDACTED), #9 Exhibit I, #10 Exhibit J (REDACTED))(Cangro, Bradford)
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Filing 152
MEMORANDUM OF LAW in Opposition re: #138 MOTION in Limine / Plaintiff SIMO Holdings Inc.'s Notice of Motions in Limine. (REDACTED). Document filed by Hong Kong uCloudlink Network Technology Limited, uCloudlink (America), Ltd.. (Cangro, Bradford)
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Filing 151
MEMORANDUM OF LAW in Opposition re: #141 MOTION to Preclude /Exclude Testimony of Christopher A. Martinez. . Document filed by SIMO Holdings Inc.. (Weldon, Matthew)
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Filing 150
DECLARATION of Bradford A. Cangro in Opposition re: #135 MOTION to Preclude / Plaintiff, SIMO Holdings Inc.'s Notice of Daubert Motion to Exclude the Testimony of John L. Hansen Regarding a Reasonable Royalty.. Document filed by Hong Kong uCloudlink Network Technology Limited, uCloudlink (America), Ltd.. (Attachments: #1 Exhibit A (REDACTED), #2 Exhibit B (REDACTED), #3 Exhibit C (REDACTED))(Cangro, Bradford)
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Filing 149
MEMORANDUM OF LAW in Opposition re: #135 MOTION to Preclude / Plaintiff, SIMO Holdings Inc.'s Notice of Daubert Motion to Exclude the Testimony of John L. Hansen Regarding a Reasonable Royalty. . Document filed by Hong Kong uCloudlink Network Technology Limited, uCloudlink (America), Ltd.. (Cangro, Bradford)
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Filing 148
DECLARATION of Peter E. Soskin in Opposition re: #144 MOTION in Limine .. Document filed by SIMO Holdings Inc.. (Attachments: #1 Exhibit 1- excerpts of the deposition transcript of Paul Clark, #2 Exhibit 2- excerpts of the deposition transcript of Eric Welch, #3 Exhibit 3- excerpts of the deposition of Christopher Martinez, #4 Exhibit 4- copy of Chinese Patent No. CN105491555A, #5 Exhibit 5- copy of the document produced at Bates No. UCLOUDLINK0043869879, #6 Exhibit 6- excerpts of the deposition transcript of Wang Bin, #7 Exhibit 7- excerpts from Expert Report of John Hansen, #8 Exhibit 8- excerpts of the deposition transcript of John Hansen, #9 Exhibit 9- copy of the email sent by Samuel Steinbock-Pratt to the parties dated March 1, 2019, #10 Exhibit 10- excerpts of the stricken supplemental expert report of Defendants Expert Martin J. Feuerstein, #11 Exhibit 11- copy of ABA Draft Model Patent Jury Instr., No. 10.1, #12 Exhibit 12- copy of FCBA Model Patent Jury Instr., No. 4.1, #13 Exhibit 13- copy of IPO Model Design Patent Jury Instr., No. 9.19, #14 Exhibit 14- excerpts from the File History of U.S. Patent No. 8,116,735)(Soskin, Peter)
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Filing 147
MEMORANDUM OF LAW in Opposition re: #144 MOTION in Limine . . Document filed by SIMO Holdings Inc.. (Soskin, Peter)
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Filing 146
DECLARATION of Bradford A. Cangro in Support re: #144 MOTION in Limine .. Document filed by Hong Kong uCloudlink Network Technology Limited, uCloudlink (America), Ltd.. (Attachments: #1 Exhibit A (REDACTED), #2 Exhibit B (REDACTED), #3 Exhibit C, #4 Exhibit D, #5 Exhibit E (REDACTED), #6 Exhibit F (REDACTED), #7 Exhibit G (REDACTED), #8 Exhibit H (REDACTED))(Cangro, Bradford)
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Filing 145
MEMORANDUM OF LAW in Support re: #144 MOTION in Limine . (REDACTED). Document filed by Hong Kong uCloudlink Network Technology Limited, uCloudlink (America), Ltd.. (Cangro, Bradford)
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Filing 144
MOTION in Limine . Document filed by Hong Kong uCloudlink Network Technology Limited, uCloudlink (America), Ltd..(Cangro, Bradford)
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Filing 143
DECLARATION of Bradford A. Cangro in Support re: #141 MOTION to Preclude /Exclude Testimony of Christopher A. Martinez.. Document filed by Hong Kong uCloudlink Network Technology Limited, uCloudlink (America), Ltd.. (Attachments: #1 Exhibit A, #2 Exhibit B (REDACTED), #3 Exhibit C (REDACTED), #4 Exhibit D, #5 Exhibit E (REDACTED), #6 Exhibit F, #7 Exhibit G (REDACTED))(Cangro, Bradford)
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Filing 142
MEMORANDUM OF LAW in Support re: #141 MOTION to Preclude /Exclude Testimony of Christopher A. Martinez. (REDACTED). Document filed by Hong Kong uCloudlink Network Technology Limited, uCloudlink (America), Ltd.. (Cangro, Bradford)
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Filing 141
MOTION to Preclude /Exclude Testimony of Christopher A. Martinez. Document filed by Hong Kong uCloudlink Network Technology Limited, uCloudlink (America), Ltd..(Cangro, Bradford)
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Filing 140
DECLARATION of Peter E. Soskin in Support re: #138 MOTION in Limine / Plaintiff SIMO Holdings Inc.'s Notice of Motions in Limine.. Document filed by SIMO Holdings Inc.. (Attachments: #1 Exhibit A- Defendants notice of ofvarious publications pursuant to 35 U.S.C. 282(c)., #2 Exhibit B- Excerpts from Martin J. Feuersteins Invalidity Expert Report, #3 Exhibit C- Excerpts from Martin J. Feuersteins Rebuttal Expert Report on Noninfringement, #4 Exhibit D- Copy of Judge Sidney H. Steins Order dated November 14, 2012, #5 Exhibit E- Excerpts from Defendants Invalidity Contentions Pursuant to Local Patent Rule 7, #6 Exhibit F- Excerpts from Volume II of Martin J. Feuersteins deposition transcript, #7 Exhibit G- Excerpts from Jing Lius deposition transcript, #8 Exhibit H- Excerpts from Eric Plams deposition transcript)(Soskin, Peter)
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Filing 139
MEMORANDUM OF LAW in Support re: #138 MOTION in Limine / Plaintiff SIMO Holdings Inc.'s Notice of Motions in Limine. . Document filed by SIMO Holdings Inc.. (Weldon, Matthew)
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Filing 138
MOTION in Limine / Plaintiff SIMO Holdings Inc.'s Notice of Motions in Limine. Document filed by SIMO Holdings Inc..(Weldon, Matthew)
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Filing 137
DECLARATION of Peter E. Soskin in Support re: #135 MOTION to Preclude / Plaintiff, SIMO Holdings Inc.'s Notice of Daubert Motion to Exclude the Testimony of John L. Hansen Regarding a Reasonable Royalty.. Document filed by SIMO Holdings Inc.. (Attachments: #1 Exhibit A- Excerpts of Expert Report of Christopher Martinez, #2 Exhibit B- Excerpts of Expert Report of John Hansen, #3 Exhibit C- Excerpts of Deposition Transcript of John Hansen)(Soskin, Peter)
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Filing 136
MEMORANDUM OF LAW in Support re: #135 MOTION to Preclude / Plaintiff, SIMO Holdings Inc.'s Notice of Daubert Motion to Exclude the Testimony of John L. Hansen Regarding a Reasonable Royalty. . Document filed by SIMO Holdings Inc.. (Weldon, Matthew)
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Filing 135
MOTION to Preclude / Plaintiff, SIMO Holdings Inc.'s Notice of Daubert Motion to Exclude the Testimony of John L. Hansen Regarding a Reasonable Royalty. Document filed by SIMO Holdings Inc..(Weldon, Matthew)
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Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 4/23/2019, ( Pretrial Conference set for 4/24/2019 at 04:15 PM before Judge Jed S. Rakoff.). (Kotowski, Linda)
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Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 4/18/2019. (Kotowski, Linda)
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Filing 134
ORDER FOR ADMISSION PRO HAC VICE granting #106 Motion for Jason C. White to Appear Pro Hac Vice. (Signed by Judge Jed S. Rakoff on 4/15/2019) (jca)
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Filing 133
ORDER granting #129 Motion for Nicholas A. Restauri to Appear Pro Hac Vice. (Signed by Judge Jed S. Rakoff on 4/16/2019) (jwh)
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Filing 132
ORDER granting #130 Motion for Karon N. Fowler to Appear Pro Hac Vice. (Signed by Judge Jed S. Rakoff on 4/16/2019) (jwh)
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Filing 131
ORDER granting #82 Motion for Summary Judgment; granting in part and denying in part #85 Motion for Summary Judgment: In this patent infringement action, plaintiff SIMO Holdings Inc. ("SIMO") and defendants Hong Kong uCloudlink Network Technology Limited and uCloudlink (America), Ltd. (collectively, "uCloudlink") cross-moved for summary judgment. Based upon the briefing and oral argument, the Court hereby rules as follows: SIMO's motion for summary judgment of infringement of claims 8 and 11 of Patent No. 9,736,689 is granted. uCloudlink's motion for summary judgment of non-infringement as to all claims is correspondingly denied. SIMO' s motion for partial summary judgment of validity is granted to the extent of ruling that the Kasper reference does not constitute prior art. uCloudlink's motion for summary judgment of no pre-suit damages is granted to the extent that SIMO is deemed to have given actual notice of infringement as to the G2, G3, and U2 devices on August 13, 2018, and as to the S1 device on August 20, 2018. An Opinion explaining the reasons for these rulings will issue in due course. (Signed by Judge Jed S. Rakoff on 4/12/2019) (jwh)
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Filing 130
MOTION for Karon N. Fowler to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16663327. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Hong Kong uCloudlink Network Technology Limited, uCloudlink (America), Ltd.. (Attachments: #1 Affidavit, #2 Certificate of Good Standing, #3 Text of Proposed Order)(Fowler, Karon)
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Filing 129
MOTION for Nicholas A. Restauri to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16663038. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Hong Kong uCloudlink Network Technology Limited, uCloudlink (America), Ltd.. (Attachments: #1 Affidavit, #2 Certificate of Good Standing, #3 Text of Proposed Order)(Restauri, Nicholas)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #129 MOTION for Nicholas A. Restauri to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16663038. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #130 MOTION for Karon N. Fowler to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16663327. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
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Filing 128
SEALED DOCUMENT placed in vault.(rz)
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Filing 127
REPLY AFFIRMATION of Bradford A. Cangro in Support re: #85 MOTION for Summary Judgment of Non-Infringement And No Pre-Suit Damages.. Document filed by Hong Kong uCloudlink Network Technology Limited, uCloudlink (America), Ltd.. (Attachments: #1 Exhibit U, #2 Exhibit V, #3 Exhibit Y)(Cangro, Bradford)
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Filing 126
REPLY re: #93 Counter Statement to Rule 56.1 (correcting Dkt. No. 101). Document filed by Hong Kong uCloudlink Network Technology Limited, uCloudlink (America), Ltd.. (Cangro, Bradford)
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Filing 125
REPLY MEMORANDUM OF LAW in Support re: #85 MOTION for Summary Judgment of Non-Infringement And No Pre-Suit Damages. (correcting Dkt. No. 100). Document filed by Hong Kong uCloudlink Network Technology Limited, uCloudlink (America), Ltd.. (Cangro, Bradford)
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Filing 124
DECLARATION of Bradford A. Cangro in Opposition re: #82 MOTION for Summary Judgment /Notice of Motion for Summary Judgment of Infringement of Claims 8 and 11 of U.S. Patent No. 9,736,689 and Partial Summary Judgment of Validity.. Document filed by Hong Kong uCloudlink Network Technology Limited, uCloudlink (America), Ltd.. (Attachments: #1 Exhibit B, #2 Exhibit D, #3 Exhibit E, #4 Exhibit F, #5 Exhibit I, #6 Exhibit J, #7 Exhibit K, #8 Exhibit O, #9 Exhibit Q, #10 Exhibit S, #11 Exhibit T, #12 Exhibit U)(Cangro, Bradford)
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Filing 123
COUNTER STATEMENT TO #84 Rule 56.1 Statement. Document filed by Hong Kong uCloudlink Network Technology Limited, uCloudlink (America), Ltd.. (Cangro, Bradford)
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Filing 122
MEMORANDUM OF LAW in Opposition re: #82 MOTION for Summary Judgment /Notice of Motion for Summary Judgment of Infringement of Claims 8 and 11 of U.S. Patent No. 9,736,689 and Partial Summary Judgment of Validity. (correcting Dkt. No. 96). Document filed by Hong Kong uCloudlink Network Technology Limited, uCloudlink (America), Ltd.. (Cangro, Bradford)
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Filing 121
DECLARATION of Bradford A. Cangro in Support re: #85 MOTION for Summary Judgment of Non-Infringement And No Pre-Suit Damages.. Document filed by Hong Kong uCloudlink Network Technology Limited, uCloudlink (America), Ltd.. (Attachments: #1 Exhibit A, #2 Exhibit C, #3 Exhibit D, #4 Exhibit E, #5 Exhibit F, #6 Exhibit G, #7 Exhibit N, #8 Exhibit O, #9 Exhibit P, #10 Exhibit T)(Cangro, Bradford)
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Filing 120
RULE 56.1 STATEMENT. Document filed by Hong Kong uCloudlink Network Technology Limited, uCloudlink (America), Ltd.. (Cangro, Bradford)
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Filing 119
MEMORANDUM OF LAW in Support re: #85 MOTION for Summary Judgment of Non-Infringement And No Pre-Suit Damages. (correcting Dkt. No. 88). Document filed by Hong Kong uCloudlink Network Technology Limited, uCloudlink (America), Ltd.. (Cangro, Bradford)
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Filing 118
MEMORANDUM OF LAW in Opposition re: #85 MOTION for Summary Judgment of Non-Infringement And No Pre-Suit Damages. [Correcting Dkt. No. 109]. Document filed by SIMO Holdings Inc.. (Davis, Harold)
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Filing 117
COUNTER STATEMENT TO #87 Rule 56.1 Statement. Document filed by SIMO Holdings Inc.. (Weldon, Matthew)
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Filing 116
REPLY MEMORANDUM OF LAW in Support re: #82 MOTION for Summary Judgment /Notice of Motion for Summary Judgment of Infringement of Claims 8 and 11 of U.S. Patent No. 9,736,689 and Partial Summary Judgment of Validity. . Document filed by SIMO Holdings Inc.. (Weldon, Matthew)
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Filing 115
REPLY to Response to Motion re: #82 MOTION for Summary Judgment /Notice of Motion for Summary Judgment of Infringement of Claims 8 and 11 of U.S. Patent No. 9,736,689 and Partial Summary Judgment of Validity. . Document filed by SIMO Holdings Inc.. (Weldon, Matthew)
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Filing 114
AFFIRMATION of Matthew J. Weldon in Support re: #82 MOTION for Summary Judgment /Notice of Motion for Summary Judgment of Infringement of Claims 8 and 11 of U.S. Patent No. 9,736,689 and Partial Summary Judgment of Validity.. Document filed by SIMO Holdings Inc.. (Attachments: #1 Exhibit F- Excerpts from Martin J. Feuersteins deposition transcript, #2 Exhibit G- Excerpts from Martin J. Feuersteins deposition transcript, #3 Exhibit J- Excerpts from Martin J. Feuersteins Rebuttal Expert Report, #4 Exhibit P- Excerpts from Shu Hes deposition transcript)(Weldon, Matthew)
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Filing 113
RULE 56.1 STATEMENT. Document filed by SIMO Holdings Inc.. (Weldon, Matthew)
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Filing 112
MEMORANDUM OF LAW in Support re: #82 MOTION for Summary Judgment /Notice of Motion for Summary Judgment of Infringement of Claims 8 and 11 of U.S. Patent No. 9,736,689 and Partial Summary Judgment of Validity. . Document filed by SIMO Holdings Inc.. (Weldon, Matthew)
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Filing 111
COUNTER STATEMENT TO #87 Rule 56.1 Statement. Document filed by SIMO Holdings Inc.. (Weldon, Matthew)
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Filing 110
DECLARATION of Matthew J. Weldon in Opposition re: #85 MOTION for Summary Judgment of Non-Infringement And No Pre-Suit Damages.. Document filed by SIMO Holdings Inc.. (Attachments: #1 Exhibit 1- Excerpts from Martin J., #2 Exhibit 3- Excerpts from the Initial, #3 Exhibit 5- Excerpts from Paul Clarks deposition transcript, #4 Exhibit 6- Excerpts from Xiaolei Qins deposition transcript, #5 Exhibit 11- Excerpts from Rongrong Zengs deposition transcript, #6 Exhibit 14- Excerpts from Hua Weis deposition transcript, #7 Exhibit 15- Excerpts from John L. Hansens deposition transcript, #8 Exhibit 16- Excerpts from Rongrong Zengs deposition transcript)(Weldon, Matthew)
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Filing 109
MEMORANDUM OF LAW in Opposition re: #85 MOTION for Summary Judgment of Non-Infringement And No Pre-Suit Damages. . Document filed by SIMO Holdings Inc.. (Davis, Harold)
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Filing 108
SEALED DOCUMENT placed in vault.(rz)
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Filing 107
ORDER: As stated by the Court on the record during today's appearance, the parties are directed to file new redacted copies of their summary judgment papers on the public docket by April 8, 2019. The redactions should be as minimal as possible and limited only to truly confidential information. Additionally, the parties are hereby given permission to file under seal unredacted copies of all papers and exhibits in connection with their summary judgment motions. The unredacted copies should also be filed by April 8. (Signed by Judge Jed S. Rakoff on 4/5/2019) (jwh)
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Set/Reset Deadlines: Motions due by 4/8/2019. (jwh)
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Minute Entry for proceedings held before Judge Jed S. Rakoff: Oral Argument held on 4/5/2019 re: #82 MOTION for Summary Judgment /Notice of Motion for Summary Judgment of Infringement of Claims 8 and 11 of U.S. Patent No. 9,736,689 and Partial Summary Judgment of Validity. filed by SIMO Holdings Inc.. (Kotowski, Linda)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #106 MOTION for Jason C. White to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16609216. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
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Filing 106
MOTION for Jason C. White to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16609216. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Hong Kong uCloudlink Network Technology Limited, uCloudlink (America), Ltd.. (Attachments: #1 Affidavit, #2 Certificate of Good Standing, #3 Text of Proposed Order)(White, Jason)
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Minute Entry for proceedings held before Judge Jed S. Rakoff:. Final Pretrial Conference set for 4/5/2019 at 02:00 PM before Judge Jed S. Rakoff. Jury Trial set for 5/1/2019 at 09:30 AM before Judge Jed S. Rakoff. Oral Argument set for 4/5/2019 at 02:00 PM before Judge Jed S. Rakoff. (Kotowski, Linda)
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Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 3/28/2019. (Kotowski, Linda)
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Filing 105
RESPONSE re: #102 Objection (non-motion), PLAINTIFF SIMO HOLDINGS, INC.S RESPONSE TO DEFENDANTS AND UCLOUDLINK (AMERICA), LTD.S EVIDENTIARY OBJECTIONS TO EVIDENCE SUBMITTED IN OPPOSITION TO DEFENDANTS MOTION FOR SUMMARY JUDGMENT OF NON-INFRINGEMENT AND NO PRE-SUIT DAMAGES. Document filed by SIMO Holdings Inc.. (Soskin, Peter)
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Filing 104
DECLARATION of Matthew J. Weldon (with revised exhibits) in Opposition re: #85 MOTION for Summary Judgment of Non-Infringement And No Pre-Suit Damages.. Document filed by SIMO Holdings Inc.. (Attachments: #1 Exhibit 1- Excerpts from Martin J. Feuersteins deposition transcript, #2 Exhibit 3- Excerpts from the Initial Expert Report of Dr. Paul C. Clark, #3 Exhibit 5- Excerpts from Paul Clarks deposition transcript, #4 Exhibit 9- Excerpts from Martin J. Feuersteins deposition transcript, #5 Exhibit 11- Excerpts from Rongrong Zeng deposition transcript, #6 Exhibit 15- Excerpts from John L. Hansens deposition transcript)(Weldon, Matthew)
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Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 3/25/2019. (Kotowski, Linda)
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Filing 103
DECLARATION of Bradford A. Cangro in Support re: #85 MOTION for Summary Judgment of Non-Infringement And No Pre-Suit Damages.. Document filed by Hong Kong uCloudlink Network Technology Limited, uCloudlink (America), Ltd.. (Attachments: #1 Exhibit U, #2 Exhibit V, #3 Exhibit W, #4 Exhibit X, #5 Exhibit Y, #6 Exhibit Z, #7 Exhibit AA, #8 Exhibit BB, #9 Exhibit CC)(Cangro, Bradford)
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Filing 102
Objection re: #92 Declaration in Opposition to Motion,,,,,, (Defendants' Evidentiary Objections to Evidence Submitted in Opposition to Defendants' Motion for Summary Judgment). Document filed by Hong Kong uCloudlink Network Technology Limited, uCloudlink (America), Ltd.. (Cangro, Bradford)
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Filing 101
REPLY re: #93 Counter Statement to Rule 56.1, #87 Rule 56.1 Statement . Document filed by Hong Kong uCloudlink Network Technology Limited, uCloudlink (America), Ltd.. (Cangro, Bradford)
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Filing 100
REPLY MEMORANDUM OF LAW in Support re: #85 MOTION for Summary Judgment of Non-Infringement And No Pre-Suit Damages. . Document filed by Hong Kong uCloudlink Network Technology Limited, uCloudlink (America), Ltd.. (Cangro, Bradford)
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Filing 99
REPLY to Response to Motion re: #82 MOTION for Summary Judgment /Notice of Motion for Summary Judgment of Infringement of Claims 8 and 11 of U.S. Patent No. 9,736,689 and Partial Summary Judgment of Validity. . Document filed by SIMO Holdings Inc.. (Weldon, Matthew)
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Filing 98
REPLY MEMORANDUM OF LAW in Support re: #82 MOTION for Summary Judgment /Notice of Motion for Summary Judgment of Infringement of Claims 8 and 11 of U.S. Patent No. 9,736,689 and Partial Summary Judgment of Validity. . Document filed by SIMO Holdings Inc.. (Weldon, Matthew)
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Filing 97
DECLARATION of Bradford A. Cangro in Opposition re: #82 MOTION for Summary Judgment /Notice of Motion for Summary Judgment of Infringement of Claims 8 and 11 of U.S. Patent No. 9,736,689 and Partial Summary Judgment of Validity.. Document filed by Hong Kong uCloudlink Network Technology Limited, uCloudlink (America), Ltd.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U)(Cangro, Bradford)
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Filing 96
MEMORANDUM OF LAW in Opposition re: #82 MOTION for Summary Judgment /Notice of Motion for Summary Judgment of Infringement of Claims 8 and 11 of U.S. Patent No. 9,736,689 and Partial Summary Judgment of Validity. [REDACTED]. Document filed by Hong Kong uCloudlink Network Technology Limited, uCloudlink (America), Ltd.. (Cangro, Bradford)
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Filing 95
COUNTER STATEMENT TO #84 Rule 56.1 Statement. Document filed by Hong Kong uCloudlink Network Technology Limited, uCloudlink (America), Ltd.. (Cangro, Bradford)
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Filing 94
MEMORANDUM OF LAW in Opposition re: #85 MOTION for Summary Judgment of Non-Infringement And No Pre-Suit Damages. . Document filed by SIMO Holdings Inc.. (Davis, Harold)
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Filing 93
COUNTER STATEMENT TO #87 Rule 56.1 Statement. Document filed by SIMO Holdings Inc.. (Weldon, Matthew)
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Filing 92
DECLARATION of Matthew J. Weldon in Opposition re: #85 MOTION for Summary Judgment of Non-Infringement And No Pre-Suit Damages.. Document filed by SIMO Holdings Inc.. (Attachments: #1 Exhibit 1 - Excerpts from Martin J. Feuersteins deposition transcript, #2 Exhibit 2 - Declaration of Dr. Paul C. Clark, #3 Exhibit 3 - Excerpts from the Initial Expert Report of Dr. Paul C. Clark, #4 Exhibit 4 - ISO/IEC 7816-4 (2005), #5 Exhibit 5 - Excerpts from Paul Clarks deposition transcript, #6 Exhibit 6 - Excerpts from Xiaolei Qins deposition transcript, #7 Exhibit 7 - Omitted intentionally., #8 Exhibit 8 - Excerpts from Martin J. Feuersteins Invalidity Expert Report, #9 Exhibit 9 - Excerpts from Martin J. Feuersteins deposition transcript, #10 Exhibit 10 - Plaintiff SIMO Holdings Inc.s Disclosure of Asserted Claims and Infringement Contentions Pursuant to Local Patent Rule 6, #11 Exhibit 11 - Excerpts from Rongrong Zengs deposition transcript, #12 Exhibit 12 - United States Patent No. 8,116,735, #13 Exhibit 13 - Terminal Disclaimer to Obviate A Double Patenting Rejection Over A Prior Patent, #14 Exhibit 14 - Excerpts from Hua Weis deposition transcript, #15 Exhibit 15 - Excerpts from John L. Hansens deposition transcript, #16 Exhibit 16 - Excerpts from Rongrong Zengs deposition transcript, #17 Exhibit 17 - UCLOUDLINK0010784, #18 Exhibit 18 - UCLOUDLINK0010899, #19 Exhibit 19 - UCLOUDLINK0217231, #20 Exhibit 20 - Internal uCloudlink email, #21 Exhibit 21 - Email sent from Mr.Samuel Steinbock-Pratt)(Weldon, Matthew)
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Filing 91
MEMORANDUM ORDER re: #79 MOTION to Strike Portions of Dr. Clark's Expert Report [REDACTED]. filed by uCloudlink (America), Ltd., Hong Kong uCloudlink Network Technology Limited. Accordingly, the motion to strike portions of Dr. Clark's rebuttal report is denied. The Clerk of the Court is respectfully directed to close docket entry 79. SO ORDERED. Motions terminated: #79 MOTION to Strike Portions of Dr. Clark's Expert Report [REDACTED]. filed by uCloudlink (America), Ltd., Hong Kong uCloudlink Network Technology Limited. (Signed by Judge Jed S. Rakoff on 3/13/2019) (kv).
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Filing 90
DECLARATION of Matthew J. Weldon in Support re: #82 MOTION for Summary Judgment /Notice of Motion for Summary Judgment of Infringement of Claims 8 and 11 of U.S. Patent No. 9,736,689 and Partial Summary Judgment of Validity.. Document filed by SIMO Holdings Inc.. (Attachments: #1 Revised Ex. C - excerpts from John Hansens Rebuttal Report, #2 Revised Ex. D - excerpts from Hua Weis deposition transcript, #3 Revised Ex. F - excerpts from Martin J. Feuersteins deposition transcript, #4 Revised Ex. G - excerpts from Martin J. Feuersteins deposition transcript, #5 Revised Ex. J - excerpts from Martin J. Feuersteins Rebuttal Expert Report, #6 Revised Ex. Z - S1 Circuitry Schematic, #7 Revised Ex. FF - excerpts from Martin J. Feuersteins Invalidity Expert Report, #8 Revised Ex. GG - excerpts from John L. Hansens deposition transcript)(Weldon, Matthew)
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Filing 89
DECLARATION of Bradford A. Cangro in Support re: #85 MOTION for Summary Judgment of Non-Infringement And No Pre-Suit Damages.. Document filed by Hong Kong uCloudlink Network Technology Limited, uCloudlink (America), Ltd.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T)(Cangro, Bradford)
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Filing 88
MEMORANDUM OF LAW in Support re: #85 MOTION for Summary Judgment of Non-Infringement And No Pre-Suit Damages. [REDACTED]. Document filed by Hong Kong uCloudlink Network Technology Limited, uCloudlink (America), Ltd.. (Cangro, Bradford)
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Filing 87
RULE 56.1 STATEMENT. Document filed by Hong Kong uCloudlink Network Technology Limited, uCloudlink (America), Ltd.. (Cangro, Bradford)
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Filing 86
DECLARATION of Matthew J. Weldon in Support re: #82 MOTION for Summary Judgment /Notice of Motion for Summary Judgment of Infringement of Claims 8 and 11 of U.S. Patent No. 9,736,689 and Partial Summary Judgment of Validity.. Document filed by SIMO Holdings Inc.. (Attachments: #1 Exhibit A- Patent No. 9,736,689, #2 Exhibit B - Amazon.com printout, #3 Exhibit C - Excerpts from John Hansens Rebuttal Report, #4 Exhibit D- Excerpts from Hua Weis deposition transcript, #5 Exhibit E - Amazon.com printout, #6 Exhibit F - Excerpts from Martin J. Feuersteins deposition transcript, #7 Exhibit G - Excerpts from Martin J. Feuersteins deposition transcript, #8 Exhibit H - Amazon.com printout, #9 Exhibit I - Amazon.com printout, #10 Exhibit J - Excerpts from Martin J. Feuersteins Rebuttal Expert Report, #11 Exhibit K - Excerpts from Rongrong Zengs deposition transcript, #12 Exhibit L - Excerpts from Rongrong Zengs deposition transcript, #13 Exhibit M - Excerpts from Hongye Suns deposition transcript, #14 Exhibit N - Excerpts from Hongye Suns deposition transcript, #15 Exhibit O - Excerpts from Shu Hes deposition transcript, #16 Exhibit P - Excerpts from Shu Hes deposition transcript, #17 Exhibit Q - G2 Quick Start Guide, #18 Exhibit R - G3 Quick Start Guide, #19 Exhibit S - U2 Quick Start Guide, #20 Exhibit T - Ex. 87 to Sun Dep., G2 Circuitry Schematic, #21 Exhibit U - Ex. 86 to Sun Dep., G2 Circuitry Schematic, #22 Exhibit V - Ex. 85 to Sun Dep., G3 Circuitry Schematic, #23 Exhibit W - Ex. 79 to Sun Dep., U2 Circuitry Schematic, #24 Exhibit X - Ex. 79 to Sun Dep., CloudSIM Client Software Architecture, #25 Exhibit Y - Ex. 78 to Sun Dep., S1 Circuitry Schematic, #26 Exhibit Z - S1 Circuitry Schematic, #27 Exhibit AA - G3 login photo, #28 Exhibit BB - U2 Quick Start Guide, #29 Exhibit CC - U2 Manual, #30 Exhibit DD - certified translation, #31 Exhibit EE - Certified translation, #32 Exhibit FF - Excerpts from Martin J. Feuersteins Invalidity Expert Report, #33 Exhibit GG - Excerpts from John L. Hansens deposition transcript, #34 Exhibit HH - uCloudlinks source code, #35 Exhibit II - uCloudlinks source code, #36 Exhibit JJ - uCloudlinks source code, #37 Exhibit KK - uCloudlinks source code, #38 Exhibit LL - uCloudlinks source code, #39 Exhibit MM - uCloudlinks source code, #40 Exhibit NN - uCloudlinks source code, #41 Exhibit OO - uCloudlinks source code, #42 Exhibit PP - uCloudlinks source code, #43 Exhibit QQ - Part 1 of 3 Copy of UCLOUDLINK0384679-0384779, #44 Exhibit QQ - Part 2 of 3 Copy of UCLOUDLINK0384679-0384779, #45 Exhibit QQ - Part 3 of 3 Copy of UCLOUDLINK0384679-0384779, #46 Exhibit RR - G3 Quick Start Guide, #47 Exhibit SS - S1 photo, #48 Exhibit TT - S1 photo, #49 Exhibit UU - G2 photo, #50 Exhibit VV - Copy of UCLOUDLINK0076325, #51 Exhibit WW - G3 photo, #52 Exhibit XX - screen shot of an iPhone 7+, #53 Exhibit YY - U2 photo, #54 Exhibit ZZ - screen shot of an iPhone 7+, #55 Exhibit AAA - Symantec Corp. v. Tr. of Columbia Univ., #56 Exhibit BBB - Apple, Inc. v. DSS Tech. Mgmt., Inc., #57 Exhibit CCC - BS Global, Inc. v. Inguran)(Weldon, Matthew)
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Filing 85
MOTION for Summary Judgment of Non-Infringement And No Pre-Suit Damages. Document filed by Hong Kong uCloudlink Network Technology Limited, uCloudlink (America), Ltd.. (Attachments: #1 Text of Proposed Order)(Cangro, Bradford)
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Filing 84
RULE 56.1 STATEMENT. Document filed by SIMO Holdings Inc.. (Weldon, Matthew)
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Filing 83
MEMORANDUM OF LAW in Support re: #82 MOTION for Summary Judgment /Notice of Motion for Summary Judgment of Infringement of Claims 8 and 11 of U.S. Patent No. 9,736,689 and Partial Summary Judgment of Validity. [REDACTED]. Document filed by SIMO Holdings Inc.. (Weldon, Matthew)
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Filing 82
MOTION for Summary Judgment /Notice of Motion for Summary Judgment of Infringement of Claims 8 and 11 of U.S. Patent No. 9,736,689 and Partial Summary Judgment of Validity. Document filed by SIMO Holdings Inc..(Weldon, Matthew)
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Filing 81
RESPONSE in Opposition to Motion re: #79 MOTION to Strike Portions of Dr. Clark's Expert Report [REDACTED]. . Document filed by SIMO Holdings Inc.. (Attachments: #1 Exhibit A- Redacted deposition exhibits, #2 Exhibit B- Redacted Ringtail Metadata Report, #3 Exhibit C- Excerpts from Richard Xu Deposition, #4 Exhibit D- Excerpts from Ray Qin Deposition, #5 Exhibit E- Second Supplemental Response to Interrogatories, #6 Exhibit F- Excerpts From Feuerstein Invalidity Report, #7 Exhibit G- Excerpts from Martin Feuerstein II Deposition, #8 Exhibit H- Redacted Excerpts from Paul Clark Deposition)(Soskin, Peter)
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Filing 80
ORDER GRANTING MOTION TO FILE DOCUMENTS UNDER SEAL IN CONNECTION WITH DEFENDANTS' MOTION TO STRIKE PORTIONS OF THE REBUTTAL EXPERT REPORT OF DR. CLARK: Upon application of the parties, the Court here by permits Defendants to file the following documents under seal in connection with briefing of its motion to strike portions of the rebuttal expert report of Dr. Paul C. Clark: 1. Defendants' letter brief (if necessary); and 2. Excerpts from the Rebuttal Expert Report of Dr. Paul C. Clark. Redacted versions of any sealed documents must be filed electronically. (Signed by Judge Jed S. Rakoff on 3/5/2019) (mro)
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Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 3/5/2019. (Kotowski, Linda)
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Filing 79
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION to Strike Portions of Dr. Clark's Expert Report [REDACTED]. Document filed by Hong Kong uCloudlink Network Technology Limited, uCloudlink (America), Ltd.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Cangro, Bradford) Modified on 4/3/2019 (db).
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Filing 78
STIPULATION AND ORDER REGARDING THE AUTHENTICITY OF CERTAIN OF THE PARTIES' DOCUMENTS PRODUCED IN THIS LITIGATION: IT IS HEREBY STIPULATED by the undersigned counsel on behalf of the Plaintiff, SIMO Holdings Inc. ("SIMO" or "Plaintiff') and Defendants Hong Kong uCloudlink Network Technology Limited and Ucloudlink (America), Ltd. ("uCloudlink" or "Defendants") (collectively the "Stipulating Parties"): 1. WHEREAS, the Stipulating Parties have met and conferred regarding streamlining the procedure for authenticating certain documents produced in above-captioned case; 2. WHEREAS, the Stipulating Parties agree that the documents identified in Attachment A hereto are "authentic" as that term is used in Federal Rule of Evidence ("FRE") 901 and FRE 902 and the official comments thereto, and that as to any such documents, the Stipulating Parties will not contest admissibility on the grounds that they are not "authentic, and as further set forth in this stipulation. (Signed by Judge Jed S. Rakoff on 2/26/2019) (jwh)
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Filing 77
PROPOSED STIPULATION AND ORDER. Document filed by Hong Kong uCloudlink Network Technology Limited, uCloudlink (America), Ltd.. (Cangro, Bradford)
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Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 2/12/2019. (Kotowski, Linda)
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Filing 76
ORDER denying #74 Motion to Strike: For the reasons that follow, the motion to exclude Feuerstein's report and testimony is denied. However, defendants are precluded from filing any further supplemental disclosures on this subject. Additionally, the deadline for plaintiff's rebuttal expert report is hereby extended to February 14, 2019. The Clerk of the Court is directed to close docket entry 74. (Signed by Judge Jed S. Rakoff on 1/31/2019) (jwh)
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Filing 75
RESPONSE in Opposition to Motion re: #74 MOTION to Strike . . Document filed by Hong Kong uCloudlink Network Technology Limited, uCloudlink (America), Ltd.. (Cangro, Bradford)
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Filing 74
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION to Strike . Document filed by SIMO Holdings Inc. (Weldon, Matthew) Modified on 2/7/2019 (db).
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Filing 73
ORDER granting #48 Motion for Gina A. Jenera to Appear Pro Hac Vice. (Signed by Judge Jed S. Rakoff on 1/23/2019) (jwh)
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Filing 72
AO 120 FORM PATENT - ADDITIONAL PLEADING - SUBMITTED. In compliance with the provisions of 35 U.S.C. 290, the Director of the U.S. Patent and Trademark Office is hereby advised that a court action has been filed on the following additional patent(s) have been included in a court action filed in the U.S. District Court Southern District of New York. Director of the U.S. Patent and Trademark Office electronically notified via Notice of Electronic Filing (NEF). (anc)
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Filing 71
STIPULATION REGARDING DISMISSAL OF COUNT I OF SIMO HOLDINGS' INC.'S AMENDED COMPLAINT (U.S. Patent No. 8,116,735) WITH PREJUDICE: THEREFORE, Plaintiff and Defendants, by and through their undersigned counsel, hereby stipulate, and respectfully request that the Court order, as follows: Count I of the First Amended Complaint is dismissed with prejudice. Nothing in this Stipulation and Order prevents Plaintiff from bringing against Defendants any action for infringement of claims in the '735 Patent relating to products first made, used, sold, and/or offered for sale in the United States, and/or imported into the United States by Defendants after February 15, 2019; and as further set forth herein. PURSUANT TO STIPULATION, IT IS ORDERED that the forgoing Stipulation is approved. (Signed by Judge Jed S. Rakoff on 1/15/2019) (anc)
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Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 1/22/2019. (Kotowski, Linda)
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Filing 70
MEMORANDUM: On January 14, 2019, plaintiff SIMO Holdings Inc. ("SIMO") orally applied, during a joint telephone conference with the Court, for permission to amend its complaint to include additional factual allegations regarding willful infringement. The Court denied that application. This Memorandum explains why and further set forth in this Order. (Signed by Judge Jed S. Rakoff on 1/21/2019) (rro)
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Filing 69
PROPOSED STIPULATION AND ORDER. Document filed by SIMO Holdings Inc.. (Soskin, Peter)
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Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 1/14/2019. (Kotowski, Linda)
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Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 1/2/2019. (Kotowski, Linda)
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Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 12/28/2018. (Kotowski, Linda)
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Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 12/27/2018. (Kotowski, Linda)
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Filing 68
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a HEARING proceeding held on 10/19/18 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
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Filing 67
TRANSCRIPT of Proceedings re: HEARING held on 10/19/2018 before Judge Jed S. Rakoff. Court Reporter/Transcriber: Eve Giniger, (212) 805-0300. 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 1/2/2019. Redacted Transcript Deadline set for 1/14/2019. Release of Transcript Restriction set for 3/12/2019.(McGuirk, Kelly)
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Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 11/19/2018. (Kotowski, Linda)
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Filing 66
MEMORANDUM: On November 13, 2018, plaintiff SIMO Holdings, Inc. ("SIMO") orally applied, during a joint telephone conference with the Court, for permission to amend its complaint to include allegations of trade secret misappropriation by defendants (collectively, "uCloudlink"). The Court denied that application. This memorandum explains why. (Signed by Judge Jed S. Rakoff on 11/15/2018) (jwh)
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Filing 65
ORDER granting #62 Motion for Ghee J. Lee to Appear Pro Hac Vice. (Signed by Judge Jed S. Rakoff on 11/8/2018) (jca)
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Filing 64
OPINION: Accordingly, the Court construes this term to mean: "placing the local authentication information on a SIM card or in memory of the wireless communication client or extension unit for preservation or later use." For the foregoing reasons, the Court adopted the constructions set forth in its Order dated November 1, 2018. (As further set forth in this Order.) (Signed by Judge Jed S. Rakoff on 11/9/2018) (cf)
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Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 11/13/2018. (Kotowski, Linda)
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Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 11/7/2018. (Kotowski, Linda)
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Filing 63
ORDER granting #58 Motion for Jeffrey C. Johnson to Appear Pro Hac Vice. The motion of Jeffrey C. Johnson, for admission to practice Pro Hac Vice in the above captioned action is granted. (Signed by Judge Jed S. Rakoff on 11/04/2018) (ama)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #62 MOTION for Ghee J Lee to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
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Filing 62
MOTION for Ghee J Lee to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Hong Kong uCloudlink Network Technology Limited, uCloudlink (America), Ltd.. (Attachments: #1 Affidavit of Ghee J Lee, #2 DC Certificate of Good Standing, #3 NY Certificate of Good Standing, #4 WI Certificate of Good Standing, #5 Text of Proposed Order)(Lee, Ghee)
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Filing 61
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Ghee Jung Lee to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-15854073. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Hong Kong uCloudlink Network Technology Limited, uCloudlink (America), Ltd.. (Attachments: #1 Affidavit of Ghee J Lee, #2 DC Certificate of Good Standing, #3 NY Certificate of Good Standing, #4 WI Certificate of Good Standing, #5 Text of Proposed Order)(Lee, Ghee) Modified on 11/2/2018 (jc).
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Filing 60
ORDER: In this patent infringement suit, the parties dispute the meaning of several claim terms. This Court received briefing from the parties and, on October 19, 2018, held a hearing pursuant to Markman v. Westview Instruments, Inc., 52 F.3d 967 (Fed. Cir. 1995) (en banc), aff'd 517 U.S. 370 (1996). The Court hereby adopts the following constructions of the disputed terms: "Enabling an initial setting" does not require further construction, and as further set forth in this order. (Signed by Judge Jed S. Rakoff on 11/1/2018) (jwh) Modified on 4/9/2019 (jwh).
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>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #61 MOTION for Ghee Jung Lee to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-15854073. Motion and supporting papers to be reviewed by Clerk's Office staff.. The filing is deficient for the following reason(s): 1) missing Certificate of Good Standing from District of Columbia; and 2) Attorney Affidavit needs to be labeled as such. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Attorney Affidavit - attach Proposed Order. (jc)
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Filing 59
STIPULATION REGARDING REVISIONS TO CASE SCHEDULE: WHEREAS, SIMO Holdings, Inc. ("Plaintiff'), and Hong Kong uCloudlink Network Technology Limited, and uCloudlink (America), Ltd.) (collectively ("Defendants")), have stipulated to the following revisions to the trial schedule based on the Court's setting of a trial date of April 15, 2019, and for good cause shown and upon the parties' stipulation, the Court ORDERS the following revisions to the current case schedule: Deposition due by 2/15/2019. Discovery due by 2/15/2019. Motions due by 2/20/2019. Responses due by 3/1/2019. Replies due by 3/8/2019. Ready for Trial by 3/8/2019. Final Pretrial Conference set for 4/1/2019 at 04:00 PM before Judge Jed S. Rakoff. PURSUANT TO STIPULATION, IT IS ORDERED that the forgoing Stipulation is approved. (Signed by Judge Jed S. Rakoff on 10/29/2018) (jwh) Modified on 4/9/2019 (jwh).
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Filing 58
MOTION for Jeffrey C. Johnson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-15839971. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by SIMO Holdings Inc.. (Attachments: #1 Declaration of Jeffrey C. Johnson, #2 Certificate of Good Standing, #3 Text of Proposed Order)(Johnson, Jeffrey)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #58 MOTION for Jeffrey C. Johnson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-15839971. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (jc)
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Filing 57
ORDER granting #55 Motion for Rachel E. Burnim to Appear Pro Hac Vice. (Signed by Judge Jed S. Rakoff on 10/25/2018) (jwh)
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Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 10/26/2018. (Kotowski, Linda)
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Filing 56
PROPOSED STIPULATION AND ORDER. Document filed by SIMO Holdings Inc.. (Jenq, Kenneth)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #55 MOTION for Rachel E. Burnim to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-15803905. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
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Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 10/24/2018. (Kotowski, Linda)
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Filing 55
MOTION for Rachel E. Burnim to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-15803905. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by SIMO Holdings Inc.. (Attachments: #1 Declaration of Rachel E. Burnim, #2 Certificate of Good Standing, #3 Text of Proposed Order)(Burnim, Rachel)
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Minute Entry for proceedings held before Judge Jed S. Rakoff: Markman Hearing held on 10/19/2018. A jury trial date is set for April 15, 2019 at 9:30a.m. (Kotowski, Linda)
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Filing 54
STIPULATION REGARDING REVIEW AND PRODUCTION OF SOURCE CODE: WHEREAS, SIMO Holdfng;, Inc. ("Plaintiff"), and Hong Kong uCloudlink Network Technology Limited, and Ucloudlink (America), Ltd. (collectively, "Defendants"), have stipulated to the following regarding production of source code, and for good cause shown and upon the stipulation of the parties, the Court ORDERS as follows: Source code Discovery Material subject to this Stipulation shall be subject to all of the protections afforded to "Confidential" information in the Protective Order (Dkt. No. 23). The parties agree to meet and confer in good faith regarding issues related to this Stipulation and to seek Court resolution if needed and as further set forth in this Order. (Signed by Judge Jed S. Rakoff on 10/18/2018) (rro)
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Filing 53
PROPOSED STIPULATION AND ORDER. Document filed by Hong Kong uCloudlink Network Technology Limited, uCloudlink (America), Ltd.. (Cangro, Bradford)
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Filing 52
ORDER granting #50 Motion for Kenneth Jenq to Appear Pro Hac Vice. (Signed by Judge Jed S. Rakoff on 10/17/2018) (jwh)
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Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 10/17/2018. (Kotowski, Linda)
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Filing 51
NOTICE OF APPEARANCE by Shaobin Zhu on behalf of Hong Kong uCloudlink Network Technology Limited, uCloudlink (America), Ltd.. (Zhu, Shaobin)
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Minute Entry for proceedings held before Judge Jed S. Rakoff: Discovery Hearing held on 10/15/2018. A Markman hearing is scheduled for October 19, 2018 at 2:00pm. (Kotowski, Linda)
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Minute Entry for proceedings held before Judge Jed S. Rakoff: Discovery Hearing held on 10/15/2018. (Kotowski, Linda)
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***DELETED DOCUMENT. Deleted Minute Entry of October 15, 2018. The entry was incorrectly filed in this case. (Landers, Rigoberto)
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Filing 50
MOTION for Kenneth Jenq to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-15747649. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by SIMO Holdings Inc.. (Attachments: #1 Declaration of Kenneth Jenq, #2 Exhibit A-Certificate of Good Standing, #3 Text of Proposed Order)(Jenq, Kenneth)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #50 MOTION for Kenneth Jenq to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-15747649. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (ma)
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Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 10/10/2018. (Kotowski, Linda)
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Filing 49
ORDER granting #39 Motion for Peter E. Soskin to Appear Pro Hac Vice. (Signed by Judge Jed S. Rakoff on 10/1/2018) (jwh)
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Filing 48
MOTION for Gina A. Jenero to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15646533. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by SIMO Holdings Inc.. (Attachments: #1 Declaration of Gina A. Jenero, #2 Exhibit A- Certificate of Good Standing, #3 Text of Proposed Order)(Jenero, Gina)
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Filing 47
NOTICE of Declaration of Matthew J. Weldon in Support of Plaintiff SIMO Holdings Inc.s Response to Defendants Opening Claim Construction Brief re: #46 Opposition Brief. Document filed by SIMO Holdings Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P)(Weldon, Matthew)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #48 MOTION for Gina A. Jenero to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15646533. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (jc)
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Filing 46
OPPOSITION BRIEF re: #35 Claim Construction Statement . Document filed by SIMO Holdings Inc..(Weldon, Matthew)
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Filing 45
NOTICE of Declaration of Bradford A. Cangro in Support of uCloudlink's Opposing Claim Construction Brief re: #44 Brief. Document filed by Hong Kong uCloudlink Network Technology Limited, uCloudlink (America), Ltd.. (Attachments: #1 Exhibit 5)(Cangro, Bradford)
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Filing 44
BRIEF re: #37 Brief (uCloudlink's Opposing Claim Construction Brief). Document filed by Hong Kong uCloudlink Network Technology Limited, uCloudlink (America), Ltd..(Busby, Robert)
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Filing 42
ORDER FOR ADMISSION PRO HAC VICE granting #30 Motion for Robert W. Busby to Appear Pro Hac Vice. (Signed by Judge Jed S. Rakoff on 9/24/2018) (jca)
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Filing 41
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a ARGUMENT proceeding held on 9/11/18 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
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Filing 40
TRANSCRIPT of Proceedings re: ARGUMENT held on 9/11/2018 before Judge Jed S. Rakoff. Court Reporter/Transcriber: Pamela Utter, (212) 805-0300. 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 10/19/2018. Redacted Transcript Deadline set for 10/29/2018. Release of Transcript Restriction set for 12/27/2018.(McGuirk, Kelly)
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Filing 39
MOTION for Peter E. Soskin to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15633151. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by SIMO Holdings Inc.. (Attachments: #1 Declaration of Peter E. Soskin, #2 Exhibit A- Certificate of Good Standing, #3 Text of Proposed Order)(Soskin, Peter)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #39 MOTION for Peter E. Soskin to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15633151. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
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Filing 43
STIPULATION AND ORDER: For good cause shown and upon the stipulation of the parties, the Court ORDERS as follows: 1. Nothing in this Stipulation and Order prevents the parties from agreeing to use technology assisted review and other techniques insofar as their use improves the efficacy of discovery. 2. Absent further Court order, the following parameters shall apply to general ESI production requests under Federal Rules of Civil Procedure 34 and 45: 1.1 Absent a showing of good cause, general ESI production requests or compliance with a mandatory disclosure requirement of this Court shall not include or require the production of metadata with the exception of the following information which shall be included: BEGBATES, ENDBATES, BEGATTACH, ENDAITACH, ATT_COUNT, CUSTODIAN_ALL, AUTHOR, SUBJECT, TITLE, SUBJ_EMAIL, FILE_NAME, CONFIDENTIALITY, TEXT LINK, NAJIVELINK, REDACTED, TO, FROM, CC, BCC, DATE SENT, TIME SENT, DATE RECEIVED, TIME RECEIVED, CREATE_DATE, LASTMODDATE, LASTPRNTDATE, DOC_TYPE, DOCEXT, PAGE_COUNT, DUPSTATUS, MD5HASH, TEXT, VOLUME, and NATIVE LINK which should be populated by the party or the party's vendor. Fields showing the date and time that the document was sent and received, as well as the complete distribution list, shall generally be included in the production if such fields exist. The parties will make reasonable efforts to ensure that metadata fields automatically extracted from the documents are correct, however, the parties acknowledge that such metadata may not always be accurate and might instead contain irrelevant or incorrect information generated during the collection process. Parties may request other native files be produced as described in Section IV below. To the extent that the term "native" is used in this agreement, it means either in native or otherwise comparable format. Thus, for example, if a Google slide presentation is to be produced in native format, producing the document as a ppt file would be appropriate, and as further set forth in this stipulation. (Signed by Judge Jed S. Rakoff on 9/27/2018) (jwh)
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Filing 38
PROPOSED STIPULATION AND ORDER. Document filed by SIMO Holdings Inc.. (Weldon, Matthew)
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Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 9/25/2018. (Kotowski, Linda)
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Filing 37
BRIEF on Claim Construction. Document filed by SIMO Holdings Inc.. (Attachments: #1 Declaration of Matthew Weldon, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C)(Weldon, Matthew)
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Filing 36
NOTICE of Declaration of Bradford A. Cangro in Support of uCloudlink's Opening Claim Construction Brief re: #35 Claim Construction Statement. Document filed by Hong Kong uCloudlink Network Technology Limited, uCloudlink (America), Ltd.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Cangro, Bradford)
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Filing 35
CLAIM CONSTRUCTION STATEMENT. Document filed by Hong Kong uCloudlink Network Technology Limited, uCloudlink (America), Ltd..(Busby, Robert)
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Filing 34
ORDER REGARDING MOTION TO WITHDRAW AS COUNSEL PURSUANT TO LOCAL RULE 1.4 granting #31 Motion to Withdraw as Attorney. Attorney Min Wu terminated. (Signed by Judge Jed S. Rakoff on 9/18/2018) (jca)
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Filing 33
MOTION for Yang Liu to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15594065. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by SIMO Holdings Inc.. (Attachments: #1 Declaration of Yang Liu, #2 Certificate of Good Standing, #3 Proposed Order)(Liu, Yang)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #33 MOTION for Yang Liu to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15594065. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
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Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 9/17/2018. (Kotowski, Linda)
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Filing 32
JOINT CLAIM CONSTRUCTION STATEMENT. Document filed by SIMO Holdings Inc..(Weldon, Matthew)
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Filing 31
MOTION for Min Wu to Withdraw as Attorney . Document filed by SIMO Holdings Inc.. (Attachments: #1 Text of Proposed Order)(Wu, Min)
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Filing 30
MOTION for Robert W. Busby, Jr. to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15579158. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Hong Kong uCloudlink Network Technology Limited, uCloudlink (America), Ltd.. (Attachments: #1 Affidavit in support of motion for admission pro hac vice, #2 Exhibit DC Certificate of Good Standing, #3 Exhibit Virginia Certificate of Good Standing, #4 Text of Proposed Order)(Busby, Robert)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #30 MOTION for Robert W. Busby, Jr. to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15579158. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
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Filing 29
ORDER: Plaintiff SIMO Holdings moved to voluntarily dismiss this action pursuant to F.R.C.P. 41(a)(2), over defendants' objection. For the reasons stated from the bench, see Transcript of September 11, 2018, the motion is denied. (Signed by Judge Jed S. Rakoff on 9/11/2018) (mro)
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Minute Entry for proceedings held before Judge Jed S. Rakoff: Initial Pretrial Conference held on 9/11/2018. (Kotowski, Linda)
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Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 9/6/2018. (Kotowski, Linda)
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Filing 28
ORDER: On August 24, 2018, plaintiff SIMO Holdings filed a Notice of Voluntary Dismissal pursuant to F.R.C.P. 4l(a)(1)(A)(i), which the Court so ordered on August 28, 2018. However, the Court has since become aware that an answer was interposed prior to the filing of the Notice, and thus unilateral dismissal was not available. Accordingly, the Clerk of the Court is directed to vacate the order approving the dismissal, document #26 on the docket of this case. This disposition is, however, made without prejudice to the plaintiff's pending motion for voluntary dismissal pursuant to F.R.C.P. 41(a)(2), as to which the Court has now received letter briefing. Counsel for the parties are directed to contact the Court by joint telephone call no later than September 6, 2018, to schedule a prompt date for oral argument on the pending matter. SO ORDERED. (Signed by Judge Jed S. Rakoff on 9/5/2018) (rro)
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Filing 27
AO 120 FORM PATENT - CASE TERMINATED - SUBMITTED. In compliance with the provisions of 35 U.S.C. 290, the Director of the U.S. Patent and Trademark Office is hereby advised that a final decision was rendered on 9/4/18 in a court action filed on the following patent(s) in the U.S. District Court Southern District of New York. Director of the U.S. Patent and Trademark Office electronically notified via Notice of Electronic Filing (NEF). (mro)
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Filing 26
Vacated as per Judge's Order dated 9/6/2018, Doc. #28 NOTICE OF VOLUNTARY DISMISSAL: Pursuant to F.R.C.P. 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, Plaintiff Sharp Corporation hereby gives notice that the above-captioned action is voluntarily dismissed, without prejudice against all the Defendants. (Signed by Judge Jed S. Rakoff on 8/28/2018) (mro) Modified on 9/6/2018 (rro).
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***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - PDF ERROR. Notice to Attorney Matthew Weldon to RE-FILE Document #25 Notice of Voluntary Dismissal. There was an answer filed in this case, so you cannot file a notice, it needs to be filed as a stipulation, with handwritten signatures of the attorneys. Also, the Plaintiff's name listed on the document is incorrect. Please correct and re-file. (km)
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Filing 25
FILING ERROR - WRONG PDF FILE ASSOCIATED WITH DOCKET ENTRY - NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) Hong Kong uCloudlink Network Technology Limited, uCloudlink (America), Ltd., uCloudlink Network Technology Limited. Document filed by SIMO Holdings Inc.. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers).. (Weldon, Matthew) Modified on 8/27/2018 (km).
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Filing 24
ANSWER to #20 Amended Complaint, with JURY DEMAND. Document filed by Hong Kong uCloudlink Network Technology Limited, uCloudlink (America), Ltd..(Cangro, Bradford)
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Filing 23
PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Jed S. Rakoff on 8/21/2018) (kgo)
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Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 8/21/2018. (Kotowski, Linda)
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Filing 22
ELECTRONIC SUMMONS ISSUED as to Hong Kong uCloudlink Network Technology Limited. (sj)
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Filing 21
REQUEST FOR ISSUANCE OF SUMMONS as to Hong Kong uCloudlink Network Technology Limited, re: #20 Amended Complaint,. Document filed by SIMO Holdings Inc.. (Weldon, Matthew)
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Filing 20
AMENDED COMPLAINT amending #1 Complaint against uCloudlink (America), Ltd., Hong Kong uCloudlink Network Technology Limited with JURY DEMAND.Document filed by SIMO Holdings Inc.. Related document: #1 Complaint. (Attachments: #1 Exhibit A - United States Patent, #2 Exhibit B - United States Patent)(Weldon, Matthew)
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Set/Reset Hearings: Oral Argument set for 1/21/2019 at 02:00 PM before Judge Jed S. Rakoff. (jwh)
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Filing 19
CIVIL CASE MANAGEMENT PLAN: The case is to be tried to a jury. Amended Pleadings due by 8/20/2018. Joinder of Parties due by 8/20/2018. Motions due by 12/24/2018. Responses due by 1/7/2019 Replies due by 1/14/2019. Deposition due by 12/4/2018. Discovery due by 12/4/2018. Claim Construction Hearing set for 10/15/2018 at 04:00 PM before Judge Jed S. Rakoff. Final Pretrial Conference set for 1/21/2019 at 02:00 PM before Judge Jed S. Rakoff. Oral Argument set for 1/21/2019 at 02:00 PM before Judge Jed S. Rakoff. Ready for Trial by 1/7/2019. (Signed by Judge Jed S. Rakoff on 8/2/2018) (jwh) Modified on 11/8/2018 (jwh).
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Minute Entry for proceedings held before Judge Jed S. Rakoff: Initial Pretrial Conference held on 8/2/2018. (Kotowski, Linda)
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Filing 18
ORDER FOR ADMISSION PRO HAC VICE granting #17 Motion for Bradford A. Cangro to Appear Pro Hac Vice. (Signed by Judge Jed S. Rakoff on 7/27/2018) (jwh)
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Filing 17
MOTION for Bradford A. Cangro to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15361531. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by uCloudlink (America), Ltd., uCloudlink Network Technology Limited. (Attachments: #1 Affidavit in Support of Motion for Admision Pro Hac Vice, #2 Exhibit DC Certificate of Good Standing, #3 Exhibit NJ Certificate of Good Standing, #4 Exhibit PA Certificate of Good Standing, #5 Text of Proposed Order)(Cangro, Bradford)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #17 MOTION for Bradford A. Cangro to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15361531. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
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Filing 16
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent uCloudlink (HK) Limited, Corporate Parent uCloudlink Group Inc. for uCloudlink (America), Ltd., uCloudlink Network Technology Limited. Document filed by uCloudlink (America), Ltd., uCloudlink Network Technology Limited.(Tracht, Michael)
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***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Michael Edward Tracht to RE-FILE Document #15 LETTER MOTION for Extension of Time to File Answer re: #1 Complaint (request to set initial response deadline) addressed to Judge Valerie E. Caproni from Michael E. Tracht dated July 5, 2018. Use the event type Letter found under the event list Other Documents. (db)
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NOTICE OF CASE REASSIGNMENT to Judge Jed S. Rakoff, Patent Judge. Judge Valerie E. Caproni is no longer assigned to the case. (jc)
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Filing 15
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - LETTER MOTION for Extension of Time to File Answer re: #1 Complaint (request to set initial response deadline) addressed to Judge Valerie E. Caproni from Michael E. Tracht dated July 5, 2018. Document filed by uCloudlink (America), Ltd., uCloudlink Network Technology Limited. (Attachments: #1 Exhibit Stipulation and [Proposed] Order Setting Response Deadline)(Tracht, Michael) Modified on 7/16/2018 (db).
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Filing 14
ORDER FOR ADMISSION PRO HAC VICE granting #11 Motion for Min Wu to Appear Pro Hac Vice. (Signed by Judge Valerie E. Caproni on 6/29/2018) (tro)
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Filing 13
ORDER FOR ADMISSION PRO HAC VICE granting #10 Motion for Howard Chen to Appear Pro Hac Vice. (Signed by Judge Valerie E. Caproni on 6/29/2018) (tro)
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Filing 12
ORDER FOR ADMISSION PRO HAC VICE granting #9 Motion for Harold H. Davis to Appear Pro Hac Vice. (Signed by Judge Valerie E. Caproni on 6/29/2018) (tro)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #11 MOTION for Min Wu to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15251631. Motion and supporting papers to be reviewed by Clerk's Office staff., #10 MOTION for Howard Chen to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15251582. Motion and supporting papers to be reviewed by Clerk's Office staff., #9 MOTION for Harold H. Davis to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15251503. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
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Filing 11
MOTION for Min Wu to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15251631. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by SIMO Holdings Inc.. (Attachments: #1 Declaration of Min Wu, #2 Certificate of Good Standing, #3 Proposed Order, #4 Affidavit of Service)(Wu, Min)
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Filing 10
MOTION for Howard Chen to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15251582. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by SIMO Holdings Inc.. (Attachments: #1 Declaration of Howard Chen, #2 Certificate of Good Standing, #3 Proposed Order, #4 Affidavit of Service)(Chen, Lei Howard)
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Filing 9
MOTION for Harold H. Davis to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15251503. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by SIMO Holdings Inc.. (Attachments: #1 Declaration of Harold H. Davis, #2 Certificate of Good Standing, #3 Proposed order, #4 Affidavit of Service)(Davis, Harold)
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Filing 8
CIVIL COVER SHEET filed. (Weldon, Matthew)
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Filing 7
ELECTRONIC SUMMONS ISSUED as to uCloudlink (America), Ltd., uCloudlink Network Technology Limited. (pne)
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Filing 6
AO 120 FORM PATENT - CASE OPENING - SUBMITTED. In compliance with the provisions of 35 U.S.C. 290, the Director of the U.S. Patent and Trademark Office is hereby advised that a court action has been filed on the following patent(s) in the U.S. District Court Southern District of New York. Director of the U.S. Patent and Trademark Office electronically notified via Notice of Electronic Filing (NEF). (pne)
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Magistrate Judge Debra C. Freeman is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (pne)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Valerie E. Caproni. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #http://nysd.uscourts.gov/ecf_filing.php. (pne)
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Case Designated ECF. (pne)
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Case Eligible for Patent Pilot Program. (pne)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Matthew Jason Weldon to RE-FILE Document No. #3 Civil Cover Sheet. The filing is deficient for the following reason: No origin selection was made on the civil cover sheet. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated June 2017. The S.D.N.Y. Civil Cover Sheet dated June 2017 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (pne)
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Filing 5
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by SIMO Holdings Inc..(Weldon, Matthew)
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Filing 4
REQUEST FOR ISSUANCE OF SUMMONS as to uCloudlink Network Technology Limited and uCloudlink (America), Ltd., re: #1 Complaint. Document filed by SIMO Holdings Inc.. (Weldon, Matthew)
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Filing 3
FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed. (Weldon, Matthew) Modified on 6/18/2018 (pne).
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Filing 2
AO 120 FORM PATENT - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review.(Weldon, Matthew)
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Filing 1
COMPLAINT against uCloudlink (America), Ltd., uCloudlink Network Technology Limited. (Filing Fee $ 400.00, Receipt Number 0208-15206792)Document filed by SIMO Holdings Inc.. (Attachments: #1 Exhibit A)(Weldon, Matthew)
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