GlobalFoundries U.S. Inc. v. International Business Machines Corporation
| GlobalFoundries U.S. Inc. |
| International Business Machines Corporation |
| 7:2023cv03348 |
| April 21, 2023 |
| US District Court for the Southern District of New York |
| Kenneth M Karas |
| Andrew E Krause |
| Jennifer H Rearden |
| Defend Trade Secrets Act (of 2016) |
| Plaintiff |
Docket Report
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Filing 35
ORDER granting #31 Letter Motion for Extension of Time to Answer re #31 CONSENT LETTER MOTION for Extension of Time to File Answer re: #1 Complaint addressed to Judge Kenneth M. Karas from Robert A. Atkins dated May 8, 2023., #1 Complaint. So Ordered. (International Business Machines Corporation answer due 6/8/2023.) (Signed by Judge Kenneth M. Karas on 5/10/23) (yv)
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| Filing 34 REPLY MEMORANDUM OF LAW in Support re: #19 MOTION to Expedite Discovery. . Document filed by GlobalFoundries U.S. Inc...(Naples, Clement) |
| Filing 33 LETTER addressed to Judge Kenneth M. Karas from Robert A. Atkins dated May 9, 2023 re: Request to Bring Certain Electronic Devices into the Courthouse for Use During May 11, 2023 Oral Argument. Document filed by International Business Machines Corporation. (Attachments: #1 Text of Proposed Order Personal Electronic Device Order).(Atkins, Robert) |
| Filing 32 LETTER addressed to Judge Kenneth M. Karas from Clement J. Naples dated May 9, 2023 re: Request for Electronic Devices. Document filed by GlobalFoundries U.S. Inc.. (Attachments: #1 Exhibit A - [Proposed] Order).(Naples, Clement) |
| Filing 31 CONSENT LETTER MOTION for Extension of Time to File Answer re: #1 Complaint addressed to Judge Kenneth M. Karas from Robert A. Atkins dated May 8, 2023. Document filed by International Business Machines Corporation..(Atkins, Robert) |
| Filing 30 DECLARATION of Pietro J. Signoracci in Opposition re: #19 MOTION to Expedite Discovery.. Document filed by International Business Machines Corporation. (Attachments: #1 Exhibit 1: June 8, 2021 Complaint in NY State Action, #2 Exhibit 2: Master Transaction Agreement Excerpt, #3 Exhibit 3: Albany Cooperation Agreement Excerpt, #4 Exhibit 4: December 5, 2022 IBM Article, #5 Exhibit 5: July 30, 2019 AnandTech Article, #6 Exhibit 6: TSMC Article re "3NM Technology", #7 Exhibit 7: October 18, 2018 Samsung News Release, #8 Exhibit 8: June 30, 2022 Samsung News Release, #9 Exhibit 9: December 20, 2018 IBM News Release, #10 Exhibit 10: May 6, 2021 IBM News Release, #11 Exhibit 11: December 12, 2022 IBM News Release, #12 Exhibit 12: November 11, 2022 Japan Times Article, #13 Exhibit 13: April 25, 2023 Rapidus News Release).(Signoracci, Pietro) |
| Filing 29 MEMORANDUM OF LAW in Opposition re: #19 MOTION to Expedite Discovery. . Document filed by International Business Machines Corporation..(Atkins, Robert) |
| Filing 28 NOTICE OF APPEARANCE by Kripa Anand Raman on behalf of International Business Machines Corporation..(Raman, Kripa) |
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Filing 27
ORDER. Given the expedited schedule for the instant Motion, Plaintiff's reply to Defendant's opposition, if any, is due by no later than 12:00PM on May 10, 2023. There will be no extensions. SO ORDERED. (Signed by Judge Kenneth M. Karas on 5/8/23) (yv)
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| Filing 26 LETTER MOTION for Extension of Time / Request for Permanent Extension of the April 20, 2023 Order Authorizing the Redaction and Sealed Filing of a Minimally-Redacted Version of Plaintiff's Complaint addressed to Judge Kenneth M. Karas from Clement J. Naples dated May 8, 2023. Document filed by GlobalFoundries U.S. Inc.. (Attachments: #1 Exhibit A - Memorandum of Law in Support of Ex Parte Motion to File the Complaint Under Seal, #2 Exhibit B - Declaration of Jason C. Hegt).(Naples, Clement) |
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Filing 25
CALENDAR NOTICE, Please take notice that the above captioned action has been scheduled for oral argument on Plaintiff's Motion to Expedite Discovery before the Honorable Kenneth M. Karas, United States District Judge, on Thursday, May 11, 2023 at 11 :00 a.m. in Courtroom 620, 300 Quarropas Street, White Plains, NY 10601. So Ordered. ( Oral Argument set for 5/11/2023 at 11:00 AM in Courtroom 620, 300 Quarropas Street, White Plains, NY 10601 before Judge Kenneth M. Karas.) (Signed by Judge Kenneth M. Karas on 5/4/23) (yv)
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Filing 24
MEMO ENDORSEMENT: on re: #19 MOTION to Expedite Discovery filed by GlobalFoundries U.S. Inc. ENDORSEMENT: Defendant is to file any opposition brief by no later than May 8, 2023. Plaintiff's reply, if any, is due by no later than May 10, 2023. SO ORDERED., ( Responses due by 5/8/2023, Replies due by 5/10/2023.) (Signed by Judge Kenneth M. Karas on 5/02/2023) (ama)
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Filing 23
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Andrew E. Krause. SO ORDERED. (Signed by Judge Kenneth M. Karas on 5/2/23) (yv)
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| Magistrate Judge Andrew E. Krause 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. (vba) |
| NOTICE OF CASE REASSIGNMENT to Judge Kenneth M. Karas. Judge Valerie E. Caproni is no longer assigned to the case. (vba) |
| Filing 22 LETTER MOTION to Expedite Briefing Schedule on Plaintiff's Motion for Expedited Discovery addressed to Judge Valerie E. Caproni from Clement J. Naples dated May 1, 2023. Document filed by GlobalFoundries U.S. Inc...(Naples, Clement) |
| Filing 21 DECLARATION of Blake R. Davis in Support re: #19 MOTION to Expedite Discovery.. Document filed by GlobalFoundries U.S. Inc.. (Attachments: #1 Exhibit A - Rapidus April 25 2023 Press Release, #2 Exhibit B - First Set of RFPs to Defendant, #3 Exhibit C - First Set of Interrogatories to Defendant, #4 Exhibit D - First Set of RFAs to Defendant, #5 Exhibit E - Decision in Waymo LLC v Uber, #6 Exhibit F - Proposed Order on Motion to Expedite).(Naples, Clement) |
| Filing 20 MEMORANDUM OF LAW in Support re: #19 MOTION to Expedite Discovery. . Document filed by GlobalFoundries U.S. Inc...(Naples, Clement) |
| Filing 19 MOTION to Expedite Discovery. Document filed by GlobalFoundries U.S. Inc...(Naples, Clement) |
| NOTICE OF CASE REASSIGNMENT to Judge Valerie E. Caproni. Judge Colleen McMahon is no longer assigned to the case..(aea) |
| Filing 18 LETTER addressed to Judge Colleen McMahon from Robert A. Atkins dated April 26, 2023 re: Defendant Representation. Document filed by International Business Machines Corporation..(Atkins, Robert) |
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Filing 17
ORDER GRANTING MOTION TO ADMIT COUNSEL PRO HAC VICE granting #15 Motion for Blake R. Davis to Appear Pro Hac Vice. (Signed by Judge Colleen McMahon on 4/26/2023) (vfr)
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Filing 16
ORDER GRANTING MOTION TO ADMIT COUNSEL PRO HAC VICE granting #14 Motion for Sami Al-Marzoog to Appear Pro Hac Vice. (Signed by Judge Colleen McMahon on 4/26/2023) (vfr)
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #14 MOTION for Sami Al-Marzoog to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27655285. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #15 MOTION for Blake R. Davis to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27655354. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz) |
| Filing 15 MOTION for Blake R. Davis to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27655354. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by GlobalFoundries U.S. Inc.. (Attachments: #1 Affidavit / Declaration of Blake R. Davis in Support of Motion to Admit Counsel Pro Hac Vice, #2 Exhibit A - Certificate of Good Standing, #3 Text of Proposed Order Granting Motion to Admit Counsel Pro Hac Vice).(Davis, Blake) |
| Filing 14 MOTION for Sami Al-Marzoog to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27655285. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by GlobalFoundries U.S. Inc.. (Attachments: #1 Affidavit / Declaration of Sami Al-Marzoog in Support of Motion to Admit Counsel Pro Hac Vice, #2 Exhibit A - Certificate of Good Standing, #3 Text of Proposed Order Granting Motion to Admit Counsel Pro Hac Vice).(Al-Marzoog, Sami) |
| Filing 13 NOTICE OF APPEARANCE by Clement Joseph Naples on behalf of GlobalFoundries U.S. Inc...(Naples, Clement) |
| Filing 12 NOTICE OF APPEARANCE by Maximilian A. Grant on behalf of GlobalFoundries U.S. Inc...(Grant, Maximilian) |
| Filing 11 NOTICE OF APPEARANCE by Jason Craig Hegt on behalf of GlobalFoundries U.S. Inc...(Hegt, Jason) |
| Filing 10 NOTICE OF APPEARANCE by Corey Anne Calabrese on behalf of GlobalFoundries U.S. Inc...(Calabrese, Corey) |
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Filing 9
ORDER SCHEDULING AN INITIAL PRETRIAL CONFERENCE: If a conforming case management plan is submitted at least two business days prior to the scheduled initial conference and subsequently approved by the Court, the initial conference will be canceled automatically. If a motion has been filed either before or after the case management plan is approved, and the parties desire a conference, a letter must be submitted to the Court via ECF specifically asking that the initial conference not be canceled. If the parties fail to agree upon such a plan or fail to submit the plan to the Court within the time provided (at least two business days before the conference date), the parties must participate in a telephone conference on 7/27/2023 at 11:30 a.m. Parties should dial in at 1(888)363-4749, access code (9054506) to join the conference. Initial Conference set for 7/27/2023 at 11:30 AM before Judge Colleen McMahon. (Signed by Judge Colleen McMahon on 4/25/2023) (kv)
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| NOTICE OF CASE REASSIGNMENT to Judge Colleen McMahon. Judge Jennifer H. Rearden is no longer assigned to the case..(aea) |
| Filing 8 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by International Business Machines Corporation..(Atkins, Robert) |
| Filing 7 NOTICE OF APPEARANCE by Pietro John Signoracci on behalf of International Business Machines Corporation..(Signoracci, Pietro) |
| Filing 6 NOTICE OF APPEARANCE by Catherine Nyarady on behalf of International Business Machines Corporation..(Nyarady, Catherine) |
| Filing 5 NOTICE OF APPEARANCE by Robert A. Atkins on behalf of International Business Machines Corporation..(Atkins, Robert) |
| Filing 4 SEALED DOCUMENT placed in vault. (nmo) |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent GlobalFoundries Inc., Other Affiliate Mubadala Technology Investment Company, Other Affiliate MTI International Investment Company LLC for GlobalFoundries U.S. Inc.. Document filed by GlobalFoundries U.S. Inc...(Naples, Clement) |
| Filing 2 CIVIL COVER SHEET filed. (vf) (jgo). |
| Filing 1 COMPLAINT against International Business Machines Corporation. (Filing Fee $ 402.00, Receipt Number 15337)Document filed by GlobalFoundries U.S. Inc.(vf) (jgo). |
| SUMMONS ISSUED as to International Business Machines Corporation. (vf) |
| Magistrate Judge Stewart D. Aaron 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) |
| Case Designated ECF. (vf) |
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ORDER REDACTING PLEADING FILED IN 23-MC-111. (vf)
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