Diatek Licensing LLC v. Home Box Office, Inc.
| Diatek Licensing LLC |
| Home Box Office, Inc. |
| 1:2021cv06457 |
| July 29, 2021 |
| US District Court for the Southern District of New York |
| John P Cronan |
| Patent |
| 35 U.S.C. § 271 Patent Infringement |
| Both |
Docket Report
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This docket was last retrieved on April 20, 2022. A more recent docket listing may be available from PACER.
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| Filing 35 CLERK'S JUDGMENT re: #34 Order on Motion to Dismiss in favor of Home Box Office, Inc. against Diatek Licensing LLC. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Order dated April 19, 2022, and having considered the Motion, the Court finds that it is GRANTED. Plaintiff's claims for relief against Defendant are dismissed with prejudice and Defendant's counterclaims for relief against Plaintiff are dismissed without prejudice, and with all attorneys' fees, costs of court and expenses borne by the party incurring same. (Signed by Clerk of Court Ruby Krajick on 4/20/2022) (Attachments: #1 Right to Appeal) (km) |
Filing 34
ORDER granting #33 JOINT MOTION to Dismiss.Before the Court is the parties' Joint Motion to Dismiss. Having considered the Motion, the Court finds that it should be GRANTED. Plaintiff's claims for relief against Defendant are dismissed with prejudice and Defendant's counterclaims for relief against Plaintiff are dismissed without prejudice, and with all attorneys' fees, costs of court and expenses borne by the party incurring same. SO ORDERED. (Signed by Judge John P. Cronan on 4/18/2022) (jca)
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| Transmission to Orders and Judgments Clerk. Transmitted re: #34 Order on Motion to Dismiss to the Orders and Judgments Clerk..(jca) |
| Filing 33 JOINT MOTION to Dismiss . Document filed by Diatek Licensing LLC. (Attachments: #1 Text of Proposed Order).(Alexander, Cortney) |
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Filing 32
MEMO ENDORSEMENT on re: #31 Letter filed by Diatek Licensing LLC. ENDORSEMENT: The request is granted; the parties shall submit dismissal papers, or, in the alternative, a status letter by April 15, 2022. SO ORDERED. (Signed by Judge John P. Cronan on 3/17/2022) (jca)
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| Filing 31 JOINT LETTER addressed to Judge John P. Cronan from Cortney S. Alexander, Counsel for Plaintiff dated 03/16/2022 re: Status Update Pursuant to the Court's February 16, 2022, Order. Document filed by Diatek Licensing LLC..(Alexander, Cortney) |
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Filing 30
MEMO ENDORSEMENT on re: #29 Letter filed by Diatek Licensing LLC. ENDORSEMENT: The request is granted. The parties shall file dismissal papers or, in the alternative, a status letter by March 16, 2022. The stay in this case, Dkt. 28, shall remain in effect until that date. SO ORDERED. (Signed by Judge John P. Cronan on 2/16/2022) (jca)
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| Filing 29 JOINT LETTER addressed to Judge John P. Cronan from Cortney S. Alexander, Counsel for Plaintiff dated 2/14/2022 re: Status Update Pursuant to the Court's December 14, 2021, Order. Document filed by Diatek Licensing LLC..(Alexander, Cortney) |
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Filing 28
ORDER granting #27 Letter Motion to Stay re: #27 JOINT LETTER MOTION to Stay Pending Finalization of Settlement addressed to Judge John P. Cronan from Cortney S. Alexander dated December 13, 2021. The request is granted. This case is stayed until February 14, 2022, and all schedules and conferences are adjourned sine die. The parties shall file a dismissal or, in the alternative, a status letter by that date. SO ORDERED. (Signed by Judge John P. Cronan on 12/14/2021) (jca)
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| Filing 27 JOINT LETTER MOTION to Stay Pending Finalization of Settlement addressed to Judge John P. Cronan from Cortney S. Alexander dated December 13, 2021. Document filed by Diatek Licensing LLC..(Alexander, Cortney) |
| Filing 26 ANSWER to #24 Counterclaim. Document filed by Diatek Licensing LLC..(Alexander, Cortney) |
| Filing 25 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Diatek Licensing LLC..(Alexander, Cortney) |
| Filing 24 ANSWER to #1 Complaint, with JURY DEMAND., COUNTERCLAIM against Diatek Licensing LLC. Document filed by Home Box Office, Inc...(Clayton, Natalie) |
| Filing 23 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent AT&T, Inc. for Home Box Office, Inc.. Document filed by Home Box Office, Inc...(Clayton, Natalie) |
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Filing 22
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: This Civil Case Management Plan (the "Plan") is submitted by the parties in accordance with Rule 26(f)(3) of the Federal Rules of Civil Procedure. All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. 28 U.S.C. 636(c). Settlement discussions have not taken place. The parties have conferred pursuant to Rule 26(f) of the Federal Rules of Civil Procedure. All motions and applications shall be governed by the Court's Individual Rules and Practices in Civil Cases. This case is to be tried to a jury. Counsel for the parties have conferred and their best estimate of the length of trial is 5 days. Motions due by 4/28/2022. Responses due by 5/27/2022 Replies due by 6/3/2022. Status Conference set for 6/21/2022 at 10:00 AM in Courtroom 12D, 500 Pearl Street, New York, NY 10007 before Judge John P. Cronan. (And as further set forth herein.) SO ORDERED. (Signed by Judge John P. Cronan on 11/1/2021) (jca)
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Filing 21
ORDER granting #20 Motion for David Scott Frist to Appear Pro Hac Vice (HEREBY ORDERED by Judge John P. Cronan)(Text Only Order) (mhe)
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| Set/Reset Hearings: Markman Hearing set for 6/28/2022 at 10:00 AM in Courtroom 12D, 500 Pearl Street, New York, NY 10007 before Judge John P. Cronan. (jca) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #20 MOTION for David Scott Frist to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25244634. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba) |
| Minute Entry for proceedings held before Judge John P. Cronan: Telephone Conference held on October 27, 2021. The Court entered the accompanying Case Management Plan. (No Court Reporter Present) (mhe) |
| Filing 20 MOTION for David Scott Frist to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25244634. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Home Box Office, Inc.. (Attachments: #1 Affidavit in Support, #2 Certificate of Good Standing, #3 Text of Proposed Order).(Frist, David) |
| Filing 19 PROPOSED CASE MANAGEMENT PLAN. Document filed by Diatek Licensing LLC..(Alexander, Cortney) |
| Filing 18 JOINT LETTER addressed to Judge John P. Cronan from Cortney S. Alexander, Counsel for Plaintiff dated 10/20/2021 re: Joint Status Letter in Advance of IPTC. Document filed by Diatek Licensing LLC..(Alexander, Cortney) |
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Filing 17
ORDER granting #16 Letter Motion for Extension of Time to Answer re #16 LETTER MOTION for Extension of Time to File Answer re: #1 Complaint, addressed to Judge John P. Cronan from Natalie C. Clayton dated October 1, 2021., #1 Complaint. Defendant's request is granted. Defendant shall answer, or otherwise respond to, the Complaint by November 4, 2021. SO ORDERED. Home Box Office, Inc. answer due 11/4/2021. (Signed by Judge John P. Cronan on 10/6/2021) (tg) Modified on 10/14/2021 (tg).
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| Filing 16 LETTER MOTION for Extension of Time to File Answer re: #1 Complaint, addressed to Judge John P. Cronan from Natalie C. Clayton dated October 1, 2021. Document filed by Home Box Office, Inc...(Clayton, Natalie) |
| Filing 15 NOTICE OF APPEARANCE by Natalie Christine Clayton on behalf of Home Box Office, Inc...(Clayton, Natalie) |
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Filing 14
SCHEDULING ORDER: The Initial Pretrial Conference previously scheduled for the morning of Wednesday, October 27, 2021 is rescheduled to 3:00 p.m. that afternoon. SO ORDERED. Initial Conference set for 10/27/2021 at 03:00 PM before Judge John P. Cronan. (Signed by Judge John P. Cronan on 9/2/2021) (jca)
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Filing 13
ORDER granting #12 Letter Motion for Extension of Time to Answer re #12 LETTER MOTION for Extension of Time to File Answer re: #1 Complaint, addressed to Judge John P. Cronan from Cortney S. Alexander, Counsel for Plaintiff dated 08/17/2021. Defendant's request is granted. Defendant shall answer, or otherwise respond to, the Complaint by October 8, 2021. SO ORDERED. Home Box Office, Inc. answer due 10/8/2021. (Signed by Judge John P. Cronan on 8/18/2021) (mml)
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| Filing 12 LETTER MOTION for Extension of Time to File Answer re: #1 Complaint, addressed to Judge John P. Cronan from Cortney S. Alexander, Counsel for Plaintiff dated 08/17/2021. Document filed by Diatek Licensing LLC..(Alexander, Cortney) |
| Filing 11 SUMMONS RETURNED EXECUTED. Home Box Office, Inc. served on 8/3/2021, answer due 8/24/2021. Service was accepted by Amy McLaren, The Corporation Trust Company, Registered Agent. Document filed by Diatek Licensing LLC..(Alexander, Cortney) |
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Filing 10
ORDER granting #6 Motion for Cortney Scott Alexander to Appear Pro Hac Vice (HEREBY ORDERED by Judge John P. Cronan)(Text Only Order) (mhe)
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Filing 9
NOTICE OF ASSIGNMENT: This case has been assigned to the undersigned for all purposes. All counsel must familiarize themselves with the Court's Individual Rules, which are available at https://www.nysd.uscourts.gov/hon-john-p-cronan. Counsel for all parties are hereby ORDERED to appear before the undersigned for an Initial Pretrial Conference ("IPTC") in accordance with Rule 16 of the Federal Rules of Civil Procedure on October 27, 2021 at 12:00 p.m. The Court notes that it will hold an IPTC for the related case Diatek Licensing LLC v. MLB Advanced Media, L.P., No. 20 Civ. 6458 (JPC), on October 27, 2021 at 11:30 a.m., in the event counsel wishes to observe that conference. Unless the Court orders otherwise, the Court will conduct both IPTCs by teleconference. At the scheduled time, counsel for all parties should call (866) 434-5269, access code 9176261. Absent leave of Court obtained by letter-motion filed before the conference, all pretrial conferences must be attended by the attorney who will serve as principal trial counsel. Counsel are directed to confer with each other prior to the conference regarding settlement and each of the other subjects to be considered at the IPTC. No later than seven days prior to the IPTC, it is further ORDERED that the parties shall submit a joint letter, not to exceed five (5) pages,addressing the following in separate paragraphs as further set forth in this order. Counsel who have noticed an appearance as of the issuance of this order are directed to notify all other parties' attorneys in this action by serving upon each of them a copy of this order and the Court's Individual Rules (available at the Court's website, https://www.nysd.uscourts.gov/hon-john- p-cronan) forthwith. If unaware of the identity of counsel for any of the parties, counsel receiving this order must forthwith send a copy of this order and Individual Rules to that party personally. SO ORDERED. Initial Conference set for 10/27/2021 at 12:00 PM before Judge John P. Cronan. (Signed by Judge John P. Cronan on 8/2/2021) (rj)
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| Filing 8 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). (vf) |
| Filing 7 ELECTRONIC SUMMONS ISSUED as to Home Box Office, Inc. (vf) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge John P. Cronan. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. 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 #https://nysd.uscourts.gov/rules/ecf-related-instructions..(vf) |
| 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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (vf) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #6 MOTION for Cortney Scott Alexander to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24863052. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba) |
| Case Designated ECF. (vf) |
| Filing 6 MOTION for Cortney Scott Alexander to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24863052. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Diatek Licensing LLC. (Attachments: #1 Affidavit, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order).(Alexander, Cortney) |
| Filing 5 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Diatek Licensing LLC..(Alexander, Cortney) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Home Box Office, Inc., re: #1 Complaint,. Document filed by Diatek Licensing LLC..(Alexander, Cortney) |
| Filing 3 AO 120 FORM PATENT - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review..(Alexander, Cortney) |
| Filing 2 CIVIL COVER SHEET filed..(Alexander, Cortney) |
| Filing 1 COMPLAINT against Home Box Office, Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-24862779)Document filed by Diatek Licensing LLC. (Attachments: #1 Exhibit A - US Patent No. 7,079,752, #2 Exhibit B - US Patent No. 8,195,828, #3 Exhibit C - Claim Chart for the '752 Patent, #4 Exhibit D - Claim Chart for the '828 Patent).(Alexander, Cortney) |
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| Plaintiff: Diatek Licensing LLC | |
| Represented By: | Cortney Alexander |
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| Defendant: Home Box Office, Inc. | |
| Represented By: | Natalie Christine Clayton |
| Represented By: | David S. Frist |
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