01 Communique Laboratory, Inc. v. Citrix Systems, Inc.
Plaintiff: 01 Communique Laboratory, Inc.
Defendant: Citrix Systems, Inc. and Citrix Online, LLC
Not Classified By Court: Dan Aaron Polster
Case Number: 1:2006cv00253
Filed: February 1, 2006
Court: US District Court for the Northern District of Ohio
Office: Cleveland Office
Presiding Judge: Sara Lioi
Nature of Suit: Patent
Cause of Action: 35 U.S.C. ยง 271
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on June 6, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 6, 2018 Filing 600 True copy of mandate from the USCA for the Federal Circuit: Affirming the District Court's order re #595 Notice of Appeal (USCA# 17-1869). Date issued by USCA 6/5/18 (H,SP)
May 17, 2018 Filing 599 Notice of Change of Address of Counsel filed on behalf of Citrix Online, LLC, Citrix Systems, Inc. (Marshall, Stephen)
August 1, 2017 Opinion or Order Order [non-document]. Based on the agreement of counsel at the telephonic conference conducted on July 24, 2017, and because the defendant plans to address the issue with the Federal Circuit where the appeal in this case is now pending, the Clerk is directed to administratively terminate, without prejudice, the motion of defendant Citrix Online, LLC to substitute parties. (Doc. No. #591 .) Judge Sara Lioi on 8/1/2017.(P,J)
July 24, 2017 Minutes of proceedings [non-document] before Judge Sara Lioi. The Court conducted a telephonic conference on July 24, 2017 for the purpose of discussing the pending motion of defendant Citrix Online, LLC to substitute GetGo Inc. for Citrix Online as a party in this case. (Doc. No. #591 .) Attorneys Thomas Shunk and Christina Moser participated on behalf of plaintiff, and Attorneys Ruffin Cordell and Andrew Schwentker participated on behalf of defendant. Defendant's motion was filed in this case before the parties filed their notices of appeal with the Federal Circuit Court. The parties' cross-appeals are currently pending before the Federal Circuit, and counsel for both sides agreed that the issue raised by defendant's motion should be addressed by the Federal Circuit. Based on counsel's agreement, the Court will administratively terminate defendant's motion on July 31, 2017 unless, upon further reflection, either side informs the Court of its objection to doing so. (Court Reporter: None.) (Time: 15 minutes.) (P,J) Modified to create docket entry relationship 7/24/2017 (P,J).
July 10, 2017 Filing 597 True copy of mandate from the USCA for the Federal Circuit: The Notice of Cross Appeal is dismissed re #596 (USCA# 17-1932). Date issued as mandate 7/10/2017 (H,SP)
April 20, 2017 Acknowledgment from the USCA for Federal Circuit of receipt of #596 Notice of Cross Appeal (USCA# 17-1932). Date filed in USCA 4/20/17. (H,SP)
April 18, 2017 Filing 596 NOTICE OF CROSS APPEAL to the U.S. Court of Appeals for the Federal Circuit from the #576 Judgment of 2/8/16, #471 Memorandum Opinion and Order of 12/21/15, #570 Jury Verdict of 1/19/16, filed by Citrix Online, LLC, Citrix Systems, Inc.. (Filing fee $505 paid, receipt number 0647-8119309) (Yanchar, Georgia). Modified text on 4/19/2017 (H,SP).
April 4, 2017 Acknowledgment from the USCA for the Federal Circuit of receipt of #595 Notice of Appeal (USCA# 17-1869). Date filed in USCA 4/4/17. (H,SP)
March 30, 2017 Filing 595 NOTICE OF APPEAL to the U.S. Court of Appeals for the Federal Circuit from the #570 Verdict of 1/19/16, #512 Order of 1/9/16, #576 Judgment Entry of 2/8/16, #594 Memorandum Opinion and Order of 3/21/17, #513 Memorandum Opinion of 1/10/16, filed by 01 Communique Laboratory, Inc.. (Filing fee $505 paid, receipt number 0647-8092906) (Shunk, Thomas). Modified text on 3/31/2017 (H,SP).
March 21, 2017 Filing 594 Memorandum Opinion and Order: Plaintiff's motion for judgment as a matter of law and for a new trial (Doc. No. #580 ) is denied. Judge Sara Lioi on 3/21/2017. (P,J)
March 9, 2017 Filing 593 Opposition to #591 Motion to substitute party GetGo, Inc. for Citrix Online, LLC filed by 01 Communique Laboratory, Inc. (Attachments: #1 Declaration of Christina J. Moser, #2 Exhibit A - Corporate Search Record, #3 Exhibit B - Response to Interrogatory 2, #4 Exhibit C - Donahoo Deposition, #5 Exhibit D - Muenke Deposition, #6 Exhibit E - Redacted Musson Deposition)(Moser, Christina) Modified text to match document on 3/20/2017 (M,TL).
February 7, 2017 Filing 592 SEALED Document:Opposition to Motion to Substitute filed by 01 Communique Laboratory, Inc.. Related document(s) #28 , #591 . (Attachments: #1 Declaration of Christina J. Moser, #2 Exhibit A - GetGo Delaware Entity Record, #3 Exhibit B - Citrix Response to Interrogatory 2, #4 Exhibit C - Donahoo Deposition, #5 Exhibit D - Muenke Deposition, #6 Exhibit E - Musson Deposition)(Moser, Christina)
January 24, 2017 Filing 591 Motion to substitute party GetGo, Inc. for Citrix Online, LLC filed by Citrix Online, LLC. (Schwentker, R.) Modified text to match document on 1/25/2017 (M,TL). .
September 16, 2016 Opinion or Order Filing 590 Order: Both plaintiff's motion for attorney fees (Doc. No. #578 ), and defendants' bill of costs (Doc. No. #583 , as supported by Doc. No. #584 ) are denied without prejudice to renewal following disposition of post-trial motions and any appeals. Judge Sara Lioi on 9/16/2016.(P,J)
April 28, 2016 Filing 589 Reply in Support of Its Combined Motion for Judgment as a Matter of Law and for New Trial filed by 01 Communique Laboratory, Inc.. Related document(s) #580 . (Shunk, Thomas)
April 20, 2016 Opinion or Order Filing 588 Order: The Court has received this anonymous ex parte communication and is providing it to the parties. Judge Sara Lioi on 4/20/2016. (Attachments: #1 Anonymous Ex Parte Communication)(P,J)
April 15, 2016 Filing 587 Reply in Support of its Bill of Costs filed by Citrix Online, LLC, Citrix Systems, Inc. (Attachments: #1 Exhibit 1 - Bill of Costs Breakdown)Related documents #584 , #583 .(Yanchar, Georgia) Modified to remove duplicate wording on 4/19/2016 (M,TL).
April 11, 2016 Filing 586 Opposition to #580 Motion for judgment as a matter of law Motion for new trial filed by Citrix Online, LLC, Citrix Systems, Inc.. (Yanchar, Georgia)
April 5, 2016 Filing 585 Opposition To Defendants' Bill Of Costs filed by 01 Communique Laboratory, Inc.. (Attachments: #1 Exhibit 1 - spreadsheet of objections to bill of costs)Related document(s) #584 , #583 .(Shunk, Thomas)
March 22, 2016 Filing 584 Explanation of Defendants' Bill of Costs to #583 Bill of costs filed by Citrix Online, LLC, Citrix Systems, Inc. (Attachments: #1 Exhibit 1 - Table of Costs, #2 Exhibit 2 - Invoices, #3 Exhibit 3 - Invoices, #4 Exhibit 4 - Invoices, #5 Exhibit 5 - Invoices, #6 Exhibit 6 - Invoices, #7 Exhibit 7 - Per Diem Rates)(Yanchar, Georgia)
March 22, 2016 Filing 583 Bill of costs filed by Citrix Online, LLC, Citrix Systems, Inc.. Related document(s) #576 .(Yanchar, Georgia)
March 21, 2016 Filing 582 Reply in support of Plaintiff's #578 Motion for attorney fees by Charles C. Carson filed by 01 Communique Laboratory, Inc. (Shunk, Thomas)
March 10, 2016 Filing 581 Opposition to Plaintiff's #578 Motion for attorney fees Pursuant to 35 USC Section 285 filed by Citrix Online, LLC. (Yanchar, Georgia) Modified to remove duplicate wording and attorney notified on 3/14/2016 (M,TL).
March 7, 2016 Filing 580 Combined Motion for judgment as a matter of law and Motion for new trial filed by Plaintiff 01 Communique Laboratory, Inc.. Related document(s) #576 . (Attachments: #1 Brief in Support of Motion)(Shunk, Thomas) Modified text on 3/8/2016 (H,KR).
February 25, 2016 Filing 579 Report on the Determination [Closing] of an Action Regarding a Patent or Trademark (AO120). (K,Ca)
February 22, 2016 Filing 578 Motion for attorney fees by Charles C. Carson filed by Plaintiff 01 Communique Laboratory, Inc.. (Attachments: #1 Memorandum in Support, #2 Affidavit of Kenneth J. Sheehan, #3 Exhibit A - Time Entries, #4 Exhibit B - Time Entries)(Carson, Charles)
February 22, 2016 Filing 577 Notice Regarding Tolling of Deadline filed by All Defendants. (Marshall, Stephen)
February 8, 2016 Filing 576 Judgment Entry: A jury trial commenced in this case on January 11, 2016, and the jury reached and returned its unanimous verdict on January 19, 2016. (Doc. No. #570 .) Pursuant to Rule 58 of the Federal Rules of Civil Procedure and in accordance with the jury's verdict, the Court enters Judgment as follows: 1. Defendants Citrix Systems, Inc. and Citrix Online, LLC (collectively, "Citrix") have not infringed claims 24 or 45 of United States Patent No. 6,928,479; 2. Claims 24 and 45 of United States Patent No. 6,928,479 are not invalid; 3. Plaintiff 01 Communique Laboratory, Inc. ("01 Communique") takes no damages from Citrix; 4. Except as set forth above or adjudicated through Summary Judgment, all other claims and counterclaims in this matter are dismissed; 5. Each party retains its right to, and does not waive its right to, file timely motions for renewed judgment as a matter of law, for new trial, for the award of attorneys' fees, for the award of costs, and to prosecute an appeal from any aspect of the case to the extent allowed by statute, the Federal Rules of Civil Procedure, and/or this Court. (Related Doc #575 ). Judge Sara Lioi on 2/8/2016. (P,J)
February 4, 2016 Filing 575 Joint Proposal for Final Judgment Entry filed by 01 Communique Laboratory, Inc. (Document unsigned.) (Attachments: #1 Exhibit 1 - Proposed Judgment)(Carson, Charles) Modified text and attorney notified on 2/5/2016 (M,TL).
February 1, 2016 Opinion or Order Filing 574 Order: On January 19, 2016, the jury rendered a verdict in the above-captioned case. By February 4, 2016, the parties shall jointly propose a final judgment entry that encompasses the jury's verdict, and resolves all claims and counterclaims relative to the third amended complaint. Judge Sara Lioi on 2/1/2016. (P,J)
January 19, 2016 Filing 573 Jury question to witness. (P,J)
January 19, 2016 Filing 572 Jury questions during deliberations. (P,J)
January 19, 2016 Filing 571 Exhibit and Witness List during jury trial. (P,J)
January 19, 2016 Filing 570 Jury Verdict Form as to questions 1-6. (P,J) (Additional attachment(s) added on 1/19/2016: #1 Jury Verdict - Unredacted) (P,J).
January 19, 2016 Filing 569 Transcript of Jury Trial held on January 19, 2016 before Judge Sara Lioi. To obtain a bound copy of this transcript please contact court reporter Caroline Mahnke at 330-252-6021. [Volume 7, Pagse 1696 through 1708] 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. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 1/26/2016. Redaction Request due 2/9/2016. Redacted Transcript Deadline set for 2/19/2016. Release of Transcript Restriction set for 4/18/2016. Related document(s) #487 , #485 . (M,Ca)
January 19, 2016 Filing 568 SEALED Motion: Motion In Limine to Exclude Improper Damages Evidence filed by 01 Communique Laboratory, Inc.. Related document(s) #555 . (Khatri, Nilesh) TO REMAIN UNDER SEAL (see staff note 1/21/16) Modified text on 1/21/2016 (P,J). Modified text on 1/27/2016 (H,KR).
January 19, 2016 Filing 567 SEALED Document: Opposition to Motion for Judgment as a Matter of Law Under Federal Rule of Civil Procedure 50 filed by 01 Communique Laboratory, Inc.. Related document(s) #555 . (Khatri, Nilesh) Modified text on 1/27/2016 (H,KR).
January 19, 2016 Filing 566 SEALED Document: Trial brief on willful infringement and combined opposition to Citrix Systems, Inc.'s and Citrix Online, LLC's renewed summary judgment motion of no willful infringement and opposition to Citrix's motion to renew its motions in limine 4 and 5 filed by 01 Communique Laboratory, Inc.. Related document(s) #555 . (Sheehan, Kenneth) TO REMAIN UNDER SEAL (see staff note 1/21/16) Modified text on 1/21/2016 6 (P,J). Modified text on 1/27/2016 (H,KR).
January 19, 2016 Filing 565 SEALED Document: Joint submission of proposed jury instructions related to damages and willful infringement filed by Citrix Online, LLC, Citrix Systems, Inc.. Related document(s) #555 . (Yanchar, Georgia) Modified text on 1/27/2016 (H,KR).
January 19, 2016 Filing 564 SEALED Motion: Trial brief on willful infringement and renewed summary judgment Motion of no willful infringement filed by Citrix Online, LLC, Citrix Systems, Inc.. Related document(s) #28 , #555 . (Yanchar, Georgia) Modified text and event on 1/28/2016 (H,KR).
January 19, 2016 Filing 563 SEALED Document: Joint submission of proposed jury instructions related to damages and willful infringement filed by 01 Communique Laboratory, Inc.. Related document(s) #555 . (Sheehan, Kenneth) Modified text on 1/27/2016 (H,KR).
January 19, 2016 Filing 562 SEALED Motion: Motion to renew its Motions in limine 4 and 5 filed by Citrix Online, LLC, Citrix Systems, Inc.. Related document(s) #28 , #555 . (Yanchar, Georgia) Modified text and event on 1/27/2016 (H,KR).
January 19, 2016 Filing 561 SEALED Document: Third Amended Witness List filed by Citrix Online, LLC, Citrix Systems, Inc.. Related document(s) #28 , #555 . (Yanchar, Georgia) Modified text on 1/27/2016 (H,KR).
January 19, 2016 Filing 560 SEALED Document: Objections to Defendants' second amended damages trial deposition designations filed by 01 Communique Laboratory, Inc.. Related document(s) #555 . (Carson, Charles) Modified text on 1/27/2016 (H,KR).
January 19, 2016 Filing 559 SEALED Document: Revised designation of deposition and trial portions to presented to the jury filed by 01 Communique Laboratory, Inc.. Related document(s) #555 . (Attachments: #1 Exhibit C2, #2 Exhibit D2, #3 Exhibit E, #4 Exhibit G, #5 Exhibit H, #6 Exhibit J, #7 Exhibit K, #8 Exhibit L, #9 Exhibit M, #10 Exhibit N2, #11 Exhibit O, #12 Exhibit P2, #13 Exhibit R, #14 Exhibit T, #15 Exhibit U)(Carson, Charles) TO REMAIN UNDER SEAL (see staff note 1/21/16) Modified text on 1/21/2016 (P,J). Modified text on 1/27/2016 (H,KR).
January 19, 2016 Filing 558 SEALED Document: Revised Objections and Counter-Designations to 01 Communique's Damages Trial Designation of Deposition Portions to be Presented to the Jury filed by Citrix Online, LLC, Citrix Systems, Inc.. Related document(s) #28 , #555 . (Yanchar, Georgia) Modified text on 1/27/2016 (H,KR).
January 19, 2016 Filing 557 SEALED Document: Second Amended Damages Trial Deposition Designations filed by Citrix Online, LLC, Citrix Systems, Inc.. Related document(s) #28 , #555 . (Attachments: #1 Exhibit C-2, #2 Exhibit H-2, #3 Exhibit I, #4 Exhibit M, #5 Exhibit O, #6 Exhibit Q)(Yanchar, Georgia) Modified text on 1/27/2016 (H,KR).
January 19, 2016 Opinion or Order Filing 556 Order: The jurors are to be provided lunch during their deliberations at the Court's expense. Judge Sara Lioi on 1/19/2016. (P,J)
January 19, 2016 Opinion or Order Filing 555 Order: The Court orders that the documents submitted to the Court after January 15, 2016 shall be filed under seal until further order of the Court. The Clerk is instructed to allow the attorneys to have sealed access to these documents. Judge Sara Lioi on 1/19/2016. (P,J)
January 19, 2016 Minutes of proceedings [non-document] before Judge Sara Lioi on 1/19/2016. Attorneys Thomas Shunk, Christina Moser, Kenneth Sheehan, Charles Carson, and Daniel Goettle participated on behalf of plaintiff. Attorneys Ruffin Cordell, Indranil Mukerji, Stephen Marshall, Andrew Schwentker, and Georgia Yanchar participated on behalf of defendants. Also present were plaintiff's representative Andrew Cheung and defendants' representative Rob Feldman. Jury deliberations continued and concluded. Verdict forms completed. (Court Reporter: Caroline Mahnke; Mary Uphold.) (Time: 5 hours.) (P,J)
January 19, 2016 Opinion or Order Order [non-document] instructing the Clerk to seal Doc. No. #553 Witness List filed by 01 Communique Laboratory, Inc. The Clerk shall also give the attorneys sealed access to this document. Judge Sara Lioi on 1/19/2016. (P,J)
January 18, 2016 Filing 554 Amended Exhibit List filed by 01 Communique Laboratory, Inc.. (Khatri, Nilesh)
January 17, 2016 Filing 553 Second Amended Witness List filed by 01 Communique Laboratory, Inc.. (Carson, Charles) Modified text on 1/27/2016 (H,KR).
January 15, 2016 Filing 552 Transcript of Jury Trial held on January 15, 2016 before Judge Sara Lioi. To obtain a bound copy of this transcript please contact court reporter Caroline Mahnke/Lori Callahan at 330-252-6021/330-252-6022. [Volume 6, pages 1415 through 1695] 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. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 1/22/2016. Redaction Request due 2/5/2016. Redacted Transcript Deadline set for 2/15/2016. Release of Transcript Restriction set for 4/14/2016. Related document(s) #487 , #485 . (M,Ca)
January 15, 2016 Filing 551 Motion for judgment as a matter of law filed by Plaintiff 01 Communique Laboratory, Inc.. (Khatri, Nilesh)
January 15, 2016 Filing 550 Amended Exhibit List filed by 01 Communique Laboratory, Inc.. (Khatri, Nilesh)
January 15, 2016 Filing 549 Motion for judgment as a matter of law filed by Citrix Online, LLC, Citrix Systems, Inc.. (Attachments: #1 Exhibit A - Excerpts of Interrogatory Response, #2 Exhibit B- Excerpt of Interrogatory Response)(Yanchar, Georgia)
January 15, 2016 Minutes of proceedings [non-document] before Judge Sara Lioi. On January 14, 2016, the Court conducted a telephonic conference regarding jury instructions. Attorney Christina Moser participated on behalf of plaintiff. Attorneys Georgia Yanchar and Andrew Schwentker participated on behalf of defendants. (Court Reporter: None.) (Time: 30 minutes.) (P,J)
January 15, 2016 Minutes of proceedings [non-document] before Judge Sara Lioi on 1/15/2016. Attorneys Thomas Shunk and Christina Moser participated on behalf of plaintiff. Attorneys Ruffin Cordell, Indranil Mukerji, and Georgia Yanchar participated on behalf of defendants. Also present were plaintiff's representative Andrew Cheung and defendants' representative Rob Feldman. Plaintiff's rebuttal testimony continued and concluded. Testimony taken. Jury charge. Closing arguments. Jury deliberations begun and not concluded. Case adjourned until 1/19/2016 at 8:30 a.m. (Court Reporter: Caroline Mahnke; Lori Callahan.) (Time: 7 hours; 30 minutes) (P,J) Modified text on 1/19/2016 (P,J).
January 14, 2016 Filing 548 Transcript of Jury Trial held on 1/14/16 before Judge Sara Lioi. To obtain a bound copy of this transcript please contact court reporter Caroline Mahnke/Lori A Callahan at 330-252-6021/330-252-6022. [Volume 5, 292 pages (1123-1414) pages] 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. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 1/21/2016. Redaction Request due 2/4/2016. Redacted Transcript Deadline set for 2/15/2016. Release of Transcript Restriction set for 4/13/2016. Related document(s) #490 , #487 , #506 . (C,L)
January 14, 2016 Filing 547 Objections and Counter-Designations to 01's Revised Designations of Deposition Portions to Be Presented to the Jury filed by Citrix Online, LLC, Citrix Systems, Inc. Related document #545 .(Yanchar, Georgia) Modified text on 1/15/2016 (M,TL).
January 14, 2016 Filing 546 SEALED Document:Notice of Exhibits to Revised Designation of Deposition Portions to be Presented to the Jury filed by 01 Communique Laboratory, Inc.. Related document(s) #28 , #545 . (Attachments: #1 Exhibit A1 20060818 Donahoo Deposition, #2 Exhibit C1 20070117 Green Deposition, #3 Exhibit 20070417 Schauser Deposition, #4 Exhibit N1 20141023 Muenke)(Khatri, Nilesh)
January 14, 2016 Filing 545 Revised Designation of Deposition Portions to be Presented to the Jury filed by 01 Communique Laboratory, Inc.. (Khatri, Nilesh)
January 14, 2016 Filing 544 Reply in support of #529 Motion to Preclude Dr. Foster from Testifying that pcAnywhere Constitutes Invalidating Prior Art filed by 01 Communique Laboratory, Inc.. (Attachments: #1 Exhibit Foster Report Excerpt)(Khatri, Nilesh)
January 14, 2016 Minutes of proceedings [non-document] before Judge Sara Lioi on 1/14/2016. Attorneys Thomas Shunk, Christina Moser, and Charles Carson participated on behalf of plaintiff. Attorneys Ruffin Cordell, Indranil Mukerji, and Georgia Yanchar participated on behalf of defendants. Also present were plaintiff's representative Andrew Cheung and defendants' representative Rob Feldman. Defendants' case continued and concluded. Plaintiff's rebuttal testimony begun and not concluded. Testimony taken. Case adjourned until 1/15/2016 at 9:45 a.m. (Court Reporter: Caroline Mahnke; Lori Callahan.) (Time: 8 hours.) (P,J)
January 13, 2016 Filing 543 Opposition to #529 Motion to Preclude Dr. Foster from Testifying that pcAnywhere Constitutes Invalidating Prior Art filed by All Defendants. (Yanchar, Georgia)
January 13, 2016 Filing 542 Notice of Intent to Request Redaction of Transcript #496 by Georgia K.E. Yanchar filed by on behalf of All Defendants. Related document(s) #496 .(Yanchar, Georgia)
January 13, 2016 Filing 541 Transcript of Jury Trial held on January 13, 2016 before Judge Sara Lioi. To obtain a bound copy of this transcript please contact court reporter Caroline Mahnke/Lori Callahan at 330-252-6021/330-252-6022. [Volume 4, Pages 806 through 1122] 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. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 1/20/2016. Redaction Request due 2/3/2016. Redacted Transcript Deadline set for 2/15/2016. Release of Transcript Restriction set for 4/12/2016. Related document(s) #487 , #485 . (M,Ca)
January 13, 2016 Filing 540 Objections to Defendants' Amended Deposition Designations filed by 01 Communique Laboratory, Inc.. Related document(s) #539 .(Khatri, Nilesh)
January 13, 2016 Filing 539 Third Amended Bifurcated Deposition Designations filed by Citrix Online, LLC, Citrix Systems, Inc. (Yanchar, Georgia) Modified text on 1/14/2016 (M,TL).
January 13, 2016 Filing 538 Objections to Defendants' Amended Deposition Designations filed by 01 Communique Laboratory, Inc.. Related document(s) #536 .(Khatri, Nilesh)
January 13, 2016 Filing 537 SEALED Document:Notice of Filing Transcripts Under Seal filed by Citrix Online, LLC, Citrix Systems, Inc.. Related document(s) #28 , #536 . (Attachments: #1 Exhibit A - 4/6/07 Cheung, #2 Exhibit B - 5/3/07 Cheung, #3 Exhibit C - 5/9/07 Cheung, #4 Exhibit D - 6/2/07 Cheung, #5 Exhibit J - Meyer, #6 Exhibit K - 2/13/07 Nascimento)(Yanchar, Georgia)
January 13, 2016 Filing 536 Second Amended Bifurcated Deposition Designations filed by Citrix Online, LLC, Citrix Systems, Inc. (Attachments: #1 Exhibit H - 10/27/14 Cheung excerpts)(Yanchar, Georgia) Modified to remove duplicate wording on 1/13/2016 (M,TL).
January 13, 2016 Filing 535 Reply in support of #523 Motion in limine to Preclude Citrix from Asserting Non-Infringement by Comparing GoToMyPC to Prior Art and for a Corrective Instruction filed by 01 Communique Laboratory, Inc.. (Attachments: #1 Exhibit A Second Declaration of Dr. Ganger)(Carson, Charles)
January 13, 2016 Filing 534 Reply in support of #522 Motion in limine to Preclude Citrix from Presenting Evidence of Its Own Patents filed by 01 Communique Laboratory, Inc.. (Carson, Charles)
January 13, 2016 Minutes of proceedings [non-document] before Judge Sara Lioi on 1/13/2016. Attorneys Thomas Shunk, Christina Moser, Kenneth Sheehan, and Charles Carson participated on behalf of plaintiff. Attorneys Ruffin Cordell, Indranil Mukerji, Georgia Yanchar, Andrew Schwentker, and Bryan Basso participated on behalf of defendants. Also present were plaintiff's representative Andrew Cheung and defendants' representative Rob Feldman. Plaintiff's case continued and concluded. Defendants' case begun and not concluded. Testimony taken. Case adjourned until 1/14/2016 at 8:45 a.m. (Court Reporter: Caroline Mahnke; Lori Callahan.) (Time: 8 hours; 15 minutes.) (P,J)
January 12, 2016 Filing 533 Amended Updated Objections to Defendant's Amended Deposition Designations filed by 01 Communique Laboratory, Inc. Related documents #526 , #531 .(Khatri, Nilesh) (s/ by attorney Charles C. Carson.) Modified text on 1/13/2016 (M,TL).
January 12, 2016 Filing 532 Transcript of Jury Trial held on January 12, 2016 before Judge Sara Lioi. To obtain a bound copy of this transcript please contact court reporter Caroline Mahnke/Lori Callahan at 330-252-6021.330-252-6022. [Volume 3, Pages 525 through 805] 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. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 1/19/2016. Redaction Request due 2/2/2016. Redacted Transcript Deadline set for 2/12/2016. Release of Transcript Restriction set for 4/11/2016. Related document(s) #487 , #485 . (M,Ca)
January 12, 2016 Filing 531 Amended Objections to Defendants' Amended Deposition Designations filed by 01 Communique Laboratory, Inc. Related documents #526 , #530 .(Khatri, Nilesh) (s/ by attorney Charles C. Carson.) Modified text on 1/13/2016 (M,TL).
January 12, 2016 Filing 530 Objections to Defendant's Amended Deposition Designations filed by 01 Communique Laboratory, Inc. Related document #526 .(Khatri, Nilesh) (s/ by attorney Charles C. Carson.) Modified text on 1/13/2016 (M,TL).
January 12, 2016 Filing 529 Motion to Preclude Dr. Foster from Testifying that pcAnywhere Constitutes Invalidating Prior Art filed by Plaintiff 01 Communique Laboratory, Inc.. (Attachments: #1 Exhibit A Press Release, #2 Exhibit B User's Guide, #3 Exhibit C Remedy ARS White Paper, #4 Exhibit D Remote Support White Paper, #5 Exhibit E Administrator Guide, #6 Exhibit F Creating Scripts Guide, #7 Exhibit G Foster Deposition Transcript, #8 Exhibit H Certification, #9 Exhibit I Dr. Foster's Report)(Khatri, Nilesh) (s/ by attorney Charles C. Carson.) Modified text and attorney notified on 1/13/2016 (M,TL).
January 12, 2016 Filing 528 Opposition to #523 Motion in limine to Preclude Citrix from Asserting Non-Infringement by Comparing GoToMyPC to Prior Art and for a Corrective Instruction filed by Citrix Online, LLC, Citrix Systems, Inc.. (Attachments: #1 Exhibit A - Foster excerpts, #2 Exhibit B - DDX 43, #3 Exhibit C - email)(Yanchar, Georgia)
January 12, 2016 Filing 527 SEALED Document:Notice of Filing of Documents Under Seal filed by Citrix Online, LLC, Citrix Systems, Inc.. Related document(s) #28 , #526 . (Attachments: #1 Exhibit A - 4/6/07 Cheung excerpts, #2 Exhibit B - 5/3/07 Cheung excerpts, #3 Exhibit C - 5/9/07 Cheung excerpts, #4 Exhibit D - 6/2/07 Cheung excerpts, #5 Exhibit J - Meyer excerpts, #6 Exhibit K - 2/13/07 Nascimento excerpts)(Yanchar, Georgia)
January 12, 2016 Filing 526 Amended Bifurcated Deposition Designations filed by Citrix Online, LLC, Citrix Systems, Inc. (Attachments: #1 Exhibit H - 10/27/2014 Cheung excerpts)(Yanchar, Georgia) Modified to remove duplicate wording on 1/13/2016 (M,TL).
January 12, 2016 Filing 525 SEALED Document:Notice of Filing of Documents Under Seal filed by Citrix Online, LLC, Citrix Systems, Inc.. Related document(s) #28 , #524 . (Attachments: #1 Exhibit C - UNDER SEAL 12/23/14 Ganger Report Excerpts)(Yanchar, Georgia)
January 12, 2016 Filing 524 Opposition to #522 Motion in limine to Preclude Citrix from Presenting Evidence of Its Own Patents filed by Citrix Online, LLC, Citrix Systems, Inc.. (Attachments: #1 Exhibit A - Renewed Notice of 30(b)(6) Deposition, #2 Exhibit B - Citrix Witness List)(Yanchar, Georgia)
January 12, 2016 Filing 523 Motion in limine to Preclude Citrix from Asserting Non-Infringement by Comparing GoToMyPC to Prior Art and for a Corrective Instruction filed by Plaintiff 01 Communique Laboratory, Inc.. (Attachments: #1 Exhibit A Muneke Direct Slides, #2 Exhibit B PTX 152)(Carson, Charles)
January 12, 2016 Filing 522 Motion in limine to Preclude Citrix from Presenting Evidence of Its Own Patents filed by Plaintiff 01 Communique Laboratory, Inc.. (Attachments: #1 Exhibit A Email, #2 Exhibit B DTX 1096)(Carson, Charles)
January 12, 2016 Minutes of proceedings [non-document] before Judge Sara Lioi on 1/12/2016. Attorneys Thomas Shunk and Christina Moser participated on behalf of plaintiff. Attorneys Ruffin Cordell, Indranil Mukerji and Georgia Yanchar participated on behalf of defendants. Also present were plaintiff's representative Andrew Cheung and defendants' representative Rob Feldman. Plaintiff's case continued and not concluded. Testimony taken. Case adjourned until 1/13/2016 at 8:45 a.m. (Court Reporter: Caroline Mahnke; Lori Callahan.) (Time: 8 hours.) (P,J) Modified text on 1/13/2016 (P,J).
January 11, 2016 Filing 521 Transcript of Jury Trial held on Janaury 11, 2016 before Judge Sara Lioi. To obtain a bound copy of this transcript please contact court reporter Caroline Mahnke/Lori Callahan at 330-252-6021/330-252-6022. [Volume 2, Pages 208 through 524] 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. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 1/18/2016. Redaction Request due 2/1/2016. Redacted Transcript Deadline set for 2/11/2016. Release of Transcript Restriction set for 4/11/2016. Related document(s) #487 , #485 . (M,Ca)
January 11, 2016 Filing 520 Witness List Second Amended filed by Citrix Online, LLC, Citrix Systems, Inc.. (Yanchar, Georgia)
January 11, 2016 Filing 519 Opposition to #515 Motion to enforce Order on Citrix's Motion in LImine No. 7 filed by 01 Communique Laboratory, Inc.. (Attachments: #1 Exhibit A Citrix Opening Slides, #2 Exhibit B Proposed Jury Instruction 14, #3 Exhibit 20141223 Ganger Report)(Carson, Charles)
January 11, 2016 Filing 518 SEALED Document:Notice of Exhibits to Revised Designation of Deposition Portions to be Presented to the Jury filed by 01 Communique Laboratory, Inc.. Related document(s) #28 , #517 . (Attachments: #1 Exhibit D2 20070227 Muneke, #2 Exhibit N1 20141023 Muenke, #3 Exhibit Q 20141031 Piasecki, #4 Exhibit T 20070322 Bowser)(Carson, Charles)
January 11, 2016 Filing 517 Revised Designation of Deposition Portions to be Presented to the Jury filed by 01 Communique Laboratory, Inc.. (Carson, Charles)
January 11, 2016 Minutes of proceedings [non-document] before Judge Sara Lioi on 1/11/2016. Attorneys Thomas Shunk and Christina Moser participated on behalf of plaintiff. Attorneys Ruffin Cordell, Indranil Mukerji and Georgia Yanchar participated on behalf of defendants. Also present were plaintiff's representative Andrew Cheung and defendants' representative Rob Feldman. Opening statements conducted. Plaintiff's case begun and not concluded. Testimony taken. Case adjourned until 1/12/2016 at 9:00 a.m. (Court Reporter: Caroline Mahnke; Lori Callahan.) (Time: 8 hours; 30 minutes.) (P,J) Modified text on 1/13/2016 (P,J).
January 11, 2016 Minutes of proceedings [non-document] before Judge Sara Lioi. On January 10, 2016, the Court conducted a telephonic conference. Attorneys Thomas Shunk, Kenneth Sheehan, and Charles Carson participated on behalf of plaintiff. Attorneys Indranil Mukerji, Stephen Marshall, Andrew Schwentker, and Georgia Yanchar participated on behalf of defendants. Various matters regarding the conduct of trial were discussed, and the Court ruled on certain of the parties' objections to the designations of videotaped depositions to be presented at trial. (Court Reporter: None.) (Time: 2.5 hours.) (P,J)
January 10, 2016 Filing 516 SEALED Document:Exhibits B and C to Motion to Enforce Order on Motion in Limine #7 filed by All Defendants. Related document(s) #28 , #515 . (Attachments: #1 Exhibit B - Ganger Transcript Excerpt, #2 Exhibit C - Ganger Report Transcript)(Yanchar, Georgia)
January 10, 2016 Filing 515 Motion to enforce Order on Citrix's #412 Motion in Limine No. 7 filed by Citrix Online, LLC, Citrix Systems, Inc. (Attachments: #1 Exhibit A -Email)(Yanchar, Georgia) Modified text and added link on 1/11/2016 (M,TL).
January 10, 2016 Filing 514 Exhibit List Second Amended filed by All Defendants. (Yanchar, Georgia)
January 10, 2016 Filing 513 Memorandum Opinion: Communique's appeal of the magistrate judge's memorandum opinion and order is denied in its entirety. (Related Doc #338 , #339 , #340 , #341 ). Judge Sara Lioi on 1/10/2016. (P,J)
January 9, 2016 Opinion or Order Filing 512 Order regarding Motion in Limine (Doc No. #405 ): The Court finds the "reexamination record" shall be redacted as follows: 1.The term "reexamination" and the phrase "Request for Inter Partes Reexamination" and the parties shall generally refer to the entirety of the proceedings before the PTO as the "prosecution history." 2. References of the 01 Communique vs. Citrix litigation in this Court. 3. References that it was Citrix who requested the reexamination. 4. References that it was Citrix who raised certain arguments for the PTO to consider; however, the parties may discuss the arguments and information that the PTO was asked to consider and those items will remain in the record. 5. References that certain arguments are attributable to a former Citrix expert who is not testifying in this case; however, the parties may need to put into context statements that a witness testifying in this case made to the PTO, e.g., Dr. Ganger, and the parties will be permitted to identify the question or statement the witness was responding to, without attributing the statement to a former expert of Citrix. That is, the parties will be permitted to put the statement of the witness into context. As a general matter, the parties may reference the prior art that was considered by the PTO and the patents and printed publications presented with respect to the prior art, but they will not be permitted to reference how many time that prior art was considered by the PTO. Judge Sara Lioi on 1/9/2016.(P,J)
January 8, 2016 Set Jury Trial for 1/11/2016 at 8:30 AM in Courtroom 530 before Judge Sara Lioi. (P,J)
January 8, 2016 Filing 511 SEALED Document:Notice of Exhibits to Revised Designation of Deposition Portions to be Presented to the Jury filed by 01 Communique Laboratory, Inc.. Related document(s) #28 , #504 . (Attachments: #1 Exhibit D1 20070227 Muenke, #2 Exhibit D2 20070227 Muenke)(Carson, Charles)
January 8, 2016 Filing 510 Amended Exhibit List filed by 01 Communique Laboratory, Inc.. Related document(s) #480 , #458 . (Carson, Charles)
January 8, 2016 Filing 509 Joint Proposed Jury Instructions filed by 01 Communique Laboratory, Inc.. (Carson, Charles)
January 8, 2016 Filing 508 Transcript of Voir Dire held on January 8, 2016 before Judge Sara Lioi. To obtain a bound copy of this transcript please contact court reporter Caroline Mahnke/Lori Callahan at 330-252-6021/330-252-6022. [Volume 1, Pages 1 through 207] Related document(s) #487 , #485 . (M,Ca)
January 8, 2016 Filing 507 Objections and Counter-Designations to 01 Communique's Designation of Deposition Portions to Be Presented to the Jury filed by Citrix Online, LLC, Citrix Systems, Inc. (Yanchar, Georgia) Modified text on 1/11/2016 (M,TL).
January 8, 2016 Filing 506 1/8/2016 Non-Appeal Transcript Order Form for proceedings held on 12/21/15, 12/28-29/15, 1/4/16, 1/6/16, 1/8/16 before Judge Sara Lioi, Court Reporter: Caroline Mahnke. Requested completion date: 1/8/2016 filed by 01 Communique Laboratory, Inc.. (Carson, Charles)
January 8, 2016 Filing 505 Objections to Defendant's Deposition Designations filed by 01 Communique Laboratory, Inc.. Related document(s) #501 .(Carson, Charles)
January 8, 2016 Filing 504 SEALED Document:Exhibits to Revised Designation of Deposition Portions to be Presented to the Jury filed by 01 Communique Laboratory, Inc.. Related document(s) #28 , #503 . (Attachments: #1 Exhibit A1 20060818 Donahoo, #2 Exhibit A2 20060818 Donahoo, #3 Exhibit B Christiansen, #4 Exhibit C1 Green, #5 Exhibit C2 Green, #6 Exhibit D1 20070227 Muneke, #7 Exhibit D2 20070227 Muneke, #8 Exhibit E 20070411 Donahoo, #9 Exhibit F Schauser, #10 Exhibit G 20070510 Cristinziano, #11 Exhibit H 20070510 Cristinziano, #12 Exhibit I Shenoy, #13 Exhibit J Mohagan, #14 Exhibit K 20070629 Donahoo, #15 Exhibit L Szerwo, #16 Exhibit M Raney, #17 Exhibit N1 20141023 Muenke, #18 Exhibit N2 20141023 Muneke, #19 Exhibit O Musson, #20 Exhibit P1 Daniels, #21 Exhibit P2 Daniels, #22 Exhibit Q Piasecki, #23 Exhibit R Feldman, #24 Exhibit S Kegel, #25 Exhibit T Bowser)(Carson, Charles)
January 8, 2016 Filing 503 Notice of FIling Under Seal Exhibits to Revised Deposition Designations to be Presented to Jury filed by 01 Communique Laboratory, Inc.. (Carson, Charles)
January 8, 2016 Filing 502 SEALED Document:Notice of Filing Transcripts Under Seal filed by Citrix Online, LLC, Citrix Systems, Inc.. Related document(s) #28 . (Attachments: #1 Exhibit A - 4/6/07 Cheung, #2 Exhibit B - 5/3/07 Cheung, #3 Exhibit C - 5/9/07 Cheung, #4 Exhibit D - 6/2/07 Cheung, #5 Exhibit E - 1/26/11 Cheung, #6 Exhibit F - 2/10/11 Cheung, #7 Exhibit G - 5/9/12 Cheung, #8 Exhibit I - Howden designations, #9 Exhibit J - Meyer designations, #10 Exhibit K - 12/13/07 Nascimento, #11 Exhibit L - 3/2/11 Nascimento, #12 Exhibit M - Reed designations, #13 Exhibit N - Schauser designations, #14 Exhibit O - 5/25/2007 Stringer, #15 Exhibit P - 2/11/11 Stringer, #16 Exhibit Q - 10/28/14 Stringer)(Yanchar, Georgia)
January 8, 2016 Filing 501 Bifurcated Initial Deposition Designations filed by Citrix Online, LLC, Citrix Systems, Inc. (Attachments: #1 Exhibit H - 10/27/2014 Cheung designations)(Yanchar, Georgia) Modified text and attorney notified on 1/11/2016 (M,TL).
January 8, 2016 Minutes of proceedings [non-document] before Judge Sara Lioi on 1/8/2016. Attorneys Thomas Shunk, Christina Moser, and George Speckart participated on behalf of plaintiff. Attorneys Ruffin Cordell, Indranil Mukerji, Stephen Marshall, and Georgia Yanchar participated on behalf of defendants. Also present were plaintiff's representative Andrew Cheung and defendants' representative Rob Feldman. Jury selection held on 1/8/2016. Jury trial adjourned until 1/11/2016 at 8:30 a.m. (Court Reporter: Caroline Mahnke; Lori Callahan.) (Time: 4 hours; 45 minutes.) (P,J) Modified text on 1/13/2016 (P,J).
January 7, 2016 Filing 500 Proposed Stipulation Regarding Motions in Limine filed by 01 Communique Laboratory, Inc.. (Carson, Charles)
January 7, 2016 Filing 499 Transcript of Final Pretrial Hearing (continued) held on January 4, 2016 before Judge Sara Lioi. To obtain a bound copy of this transcript please contact court reporter Caroline Mahnke at 330-252-6021. [55 pages] 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. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 1/14/2016. Redaction Request due 1/28/2016. Redacted Transcript Deadline set for 2/8/2016. Release of Transcript Restriction set for 4/6/2016. Related document(s) #490 . (M,Ca)
January 7, 2016 Filing 498 Opposition to DE 497 and Reply in Support of 01's Exemplar Redacted Reexamination File History filed by 01 Communique Laboratory, Inc. Related document #497 .(Carson, Charles) Modified text and attorney notified on 1/7/2016 (M,TL).
January 6, 2016 Filing 497 Response to 01's January 5, 2016 Examplar Reexamination File History Redactions filed by All Defendants. (Attachments: #1 Exhibit A - Exemplar Redactions, #2 Exhibit B - Examplar Redactions)(Yanchar, Georgia)
January 6, 2016 Filing 496 Transcript of Final Pretrial (continued) held on December 29, 2015 before Judge Sara Lioi. To obtain a bound copy of this transcript please contact court reporter Caroline Mahnke at 330-252-6021. [67 pages] 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. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 1/13/2016. Redaction Request due 1/27/2016. Redacted Transcript Deadline set for 2/8/2016. Release of Transcript Restriction set for 4/5/2016. Related document(s) #484 . (M,Ca)
January 6, 2016 Filing 495 SEALED Transcript of Final Pretrial (continued) held on December 28, 2015 before Judge Sara Lioi. Court Reporter: Caroline Mahnke. [330-252-6021 [86 pages] Related document(s) #484 . (M,Ca)
January 6, 2016 Filing 494 Transcript of Final Pretrial (continued) held on December 28, 2015 before Judge Sara Lioi. To obtain a bound copy of this transcript please contact court reporter Caroline Mahnke at 330-252-6021. [72 pages] 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. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 1/13/2016. Redaction Request due 1/27/2016. Redacted Transcript Deadline set for 2/8/2016. Release of Transcript Restriction set for 4/5/2016. Related document(s) #484 . (M,Ca)
January 5, 2016 Filing 493 Bifurcated Deposition Designations filed by All Defendants. (Yanchar, Georgia)
January 5, 2016 Filing 492 SEALED Document:Notice of Exhibits to Revised Designation of Depositions Portion to be Presented to the Jury filed by 01 Communique Laboratory, Inc.. Related document(s) #28 , #491 . (Attachments: #1 Exhibit Q - Piasecki Depositon Designation)(Carson, Charles)
January 5, 2016 Filing 491 Revised Designation of Deposition Portions to Be Presented to the Jury filed by 01 Communique Laboratory, Inc.. Related document(s) #472 .(Carson, Charles)
January 4, 2016 Filing 490 Expedited Non-Appeal Transcript Order Form for proceedings held on January 4, 2016 before Judge Lioi, re Motion Hearing. Court Reporter: Caroline Mahnke. Requested completion date: January 11, 2016 filed by Citrix Online, LLC, Citrix Systems, Inc. (Yanchar, Georgia)
January 4, 2016 Filing 489 Notice of Intent to Request Redaction of Transcript #475 by Georgia E. Yanchar filed on behalf of Citrix Online, LLC, Citrix Systems, Inc. Related document #475 .(Yanchar, Georgia)
January 4, 2016 Opinion or Order Filing 488 Order: The Court will permit Communique to present Barry Klett and Michael Cheung as witnesses at trial within the parameters previously discussed and provided that the above-described conditions are satisfied. The testimony of Shinji Sugawara, however, is precluded. (Related Doc #467 , #466 ). Judge Sara Lioi on 1/4/2016. (P,J)
January 4, 2016 Minutes of proceedings [non-document] before Judge Sara Lioi. On January 4, 2016, the Court continued, by telephone conference, the final pretrial conference in this case that began on December 21, 2015. Attorneys Thomas Shunk, Kenneth Sheehan, Charles Carson, and Christina Moser participated on behalf of plaintiff. Attorneys Ruffin Cordell, Indranil Mukerji, Stephen Marshall, Andrew Schwentker, and Georgia Yanchar participated on behalf of defendants. Various matters regarding the conduct of trial were discussed, including remaining outstanding issues with respect to the pending motions in limine. The conference will continue telephonically at 1:00 p.m. on January 6, 2016. (Court Reporter: Caroline Mahnke.) (Time: 1.75 hours.) (P,J)
December 31, 2015 Filing 487 Non-Appeal Transcript Order Form for proceedings held on January 8th - end of trial before Judge Sara Lioi. Court Reporter: Caroline Mahnke and Lori Callahan. Requested completion date: Hourly. Filed by 01 Communique Laboratory, Inc. (S,HR)
December 31, 2015 Filing 486 Non-Appeal Transcript Order Form for proceedings held on January 8th - end of trial before Judge Sara Lioi. Court Reporter: Caroline Mahnke and Lori Callahan. Requested completion date: Realtime Unedited Transcript filed by Citrix Online, LLC and Citrix Systems, Inc. (S,HR)
December 31, 2015 Filing 485 Non-Appeal Transcript Order Form for proceedings held on January 8, 2016-end of trial before Judge Lioi, Court Reporter: Caroline Mahnke/Lori Callahan. Requested completion date: end of trial filed by Citrix Online, LLC, Citrix Systems, Inc.. (Yanchar, Georgia)
December 31, 2015 Filing 484 Expedited Non-Appeal Transcript Order Form for proceedings held on December 28 and 29, 2015 before Judge Lioi, Court Reporter: Caroline Mahnke. Requested completion date: January 7, 2016 filed by Citrix Online, LLC, Citrix Systems, Inc.. (Yanchar, Georgia)
December 30, 2015 Filing 483 Amended Exhibit List filed by All Defendants. (Yanchar, Georgia)
December 30, 2015 Filing 482 Amended Witness List filed by All Defendants. (Yanchar, Georgia)
December 30, 2015 Filing 481 First Amended Witness List filed by 01 Communique Laboratory, Inc. Related document #458 . (Shunk, Thomas) Modified text on 1/4/2016 (M,TL).
December 30, 2015 Filing 480 Amended Exhibit List filed by 01 Communique Laboratory, Inc.. Related document(s) #458 . (Carson, Charles)
December 30, 2015 Filing 479 Reply Regarding Notice of Filing Redacted Reexamination File History filed by Citrix Online, LLC, Citrix Systems, Inc. Related document #478 . (Yanchar, Georgia) Modified TEXT on 1/4/2016 (M,TL).
December 29, 2015 Filing 478 Response to Citrix's Notice of Filing Redacted Reexamination File History filed by 01 Communique Laboratory, Inc. Related document #477 .(Carson, Charles) Modified text on 1/4/2016 (M,TL).
December 29, 2015 Filing 477 Notice of Filing Redacted Reexamination File History for US Patent No. 6,928,479 filed by Citrix Online, LLC, Citrix Systems, Inc.. (Attachments: #1 Exhibit A - '479 Reexam File History part 1, #2 Exhibit B - '479 Reexam File History part 2, #3 Exhibit C - '479 Reexam File History part 3, #4 Exhibit D - '479 Reexam File History part 4, #5 Exhibit E - '479 Reexam File History part 5, #6 Exhibit F - '479 Reexam File History part 6, #7 Exhibit G - '479 Reexam File History part 7, #8 Exhibit H - '479 Reexam File History part 8, #9 Exhibit I - '479 Reexam File History part 9, #10 Exhibit J - '479 Reexam File History part 10, #11 Exhibit K - '479 Reexam File History part 11, #12 Exhibit L - '479 Reexam File History part 12, #13 Exhibit M - '479 Reexam File History part 13, #14 Exhibit N - '479 Reexam File History part 14)(Yanchar, Georgia)
December 29, 2015 Minutes of proceedings [non-document] before Judge Sara Lioi. On December 28 and 29, 2015, the Court continued, by telephone conference, the final pretrial conference and oral argument on pending motions in limine that began on December 21, 2015. Attorneys Thomas Shunk, Kenneth Sheehan, Charles Carson, and Christina Moser participated on behalf of plaintiff. Attorneys Ruffin Cordell, Indranil Mukarji, Stephen Marshall, Andrew Schwentker, and Georgia Yanchar participated on behalf of defendants, and defendants' representative, Rob Feldman, also participated in the telephonic conference. Various matters regarding the conduct of trial in this case were discussed as well as the pending motions of limine, some of which were ruled upon on the record by the Court. The conference will continue telephonically at 9:00 a.m. on January 4, 2016. (Court Reporter: Caroline Mahnke.) (Time: 4.5 hours.) (P,J)
December 28, 2015 Filing 476 SEALED Transcript of Final Pretrial Hearing held on December 21, 2015 before Judge Sara Lioi. Court Reporter: Caroline Mahnke. [123 pages] Related document(s) #474 . (M,Ca)
December 28, 2015 Filing 475 Transcript of Final Pretrial Hearing held on December 21, 2015 before Judge Sara Lioi. To obtain a bound copy of this transcript please contact court reporter Caroline Mahnke at 330-252-6021. [111 pages] 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. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 1/4/2016. Redaction Request due 1/18/2016. Redacted Transcript Deadline set for 1/28/2016. Release of Transcript Restriction set for 3/28/2016. Related document(s) #474 . (M,Ca)
December 22, 2015 Filing 474 Expedited Non-Appeal Transcript Order Form for proceedings held on 12/21/2015 before Judge Judge Sara Lioi, re Pretrial Conference - Final, Motion Hearing. Court Reporter: Caroline Mahnke. Requested completion date: 12/29/2015 filed by Citrix Online, LLC, Citrix Systems, Inc.. (Yanchar, Georgia)
December 21, 2015 Minutes of proceedings [non-document] before Judge Sara Lioi. On December 21, 2015, the Court conducted a final pretrial conference. Attorneys Thomas Shunk, Kenneth Sheehan, Charles Carson, and Christina Moser participated on behalf of plaintiff. Also present were plaintiff's representatives Andrew Cheung and Brian Stringer. Attorneys Ruffin Cordell, Indranil Mukarji, Stephen Marshall, Andrew Schwentker, and Georgia Yanchar participated on behalf of defendants. Also present was defendants' representative, Rob Feldman. Various matters regarding the conduct of trial in this case were discussed. Thereafter, the Court entertained oral argument on the pending motions in limine. Oral argument on the motions in limine will continue on December 28, 2015, at 9:00 a.m. (Court Reporter: Caroline Mahnke.) (Time: 4 hours.) (P,J)
December 21, 2015 Filing 473 SEALED Document:Notice of Exhibits to Designation of Deposition Portions to be Presented to the Jury filed by 01 Communique Laboratory, Inc.. Related document(s) #28 . (Attachments: #1 Exhibit A - 20060818 Donahoo 30b6 Deposition, #2 Exhibit B - 20060919 Christiansen Deposition, #3 Exhibit C - 20070117 Green Depo, #4 Exhibit D - 20070227 Muneke Depo, #5 Exhibit E - 20070411 Donahoo 30b6 Depo, #6 Exhibit F - 20070417 Schauser Depo, #7 Exhibit G - 20070507 Cristinziano 30b6 Depo, #8 Exhibit H - 20070510 Christinziano Depo, #9 Exhibit I - 20070517 Shenoy 30b6 Depo, #10 Exhibit J - 20070518 Mohagan 30b6 Depo, #11 Exhibit K - 20070629 Donahoo 30b6 Depo, #12 Exhibit L - 20141021 Szerwo 30b6 Depo, #13 Exhibit M - 20141022 Raney 30b6 Depo, #14 Exhibit N - 20141023 Muenke 30b6 Depo, #15 Exhibit O - 20141023 Musson 30b6 Depo, #16 Exhibit P - 20141030 Daniels 30b6 Depo, #17 Exhibit Q - 20141031 Piasecki 30b6 Depo, #18 Exhibit R - 20150213 Feldman 30b6 Depo, #19 Exhibit S - 20070518 Kegel Depo, #20 Exhibit T - 20070322 Bowser Depo)(Carson, Charles)
December 21, 2015 Filing 472 Designation of Deposition Portions to be Presented to the Jury filed by 01 Communique Laboratory, Inc.. (Carson, Charles)
December 21, 2015 Filing 471 Memorandum Opinion and Order: Citrix's motion for summary judgment that the asserted claims of the '479 patent are ineligible under Section 101 is denied, and Communique's motion for summary judgment that the asserted claims are eligible under Section 101 is granted. Further for the reasons contained herein, Communique's motion for summary judgment of direct infringement is denied. Communique's motion to excluded all evidence of prior art is also denied. Communique is not precluded, however, from objecting at trial to the introduction of prior art evidence that was, or could have been, introduced during reexamination. Citrix's motion for summary judgment on Communique's claim for induced infringement is granted, and Citrix's motion for summary judgment on plaintiff's claim for willful infringement and injunctive relief is denied. (Related Doc #346 , #347 , #352 , #354 ) Judge Sara Lioi on 12/21/2015. (P,J)
December 21, 2015 Filing 470 SEALED Document:Notice of Filing Deposition Transcripts Under Seal filed by Citrix Online, LLC, Citrix Systems, Inc.. Related document(s) #28 , #469 . (Attachments: #1 Exhibit A - 4/6/2007 Cheung transcript with highlighted designations, #2 Exhibit B - 5/3/2007 Cheung transcript with highlighted designations, #3 Exhibit C - 5/9/2007 Cheung transcript with highlighted designations, #4 Exhibit D - 6/2/2007 Cheung transcript with highlighted designations, #5 Exhibit E - 1/26/2011 Cheung transcript with highlighted designations, #6 Exhibit F - 2/10/2011 Cheung transcript with highlighted designations, #7 Exhibit G - 5/9/2012 Cheung transcript with highlighted designations, #8 Exhibit I - Howden transcript with highlighted designations, #9 Exhibit J - Meyer transcript with highlighted designations, #10 Exhibit K - 12/13/2007 Nascimento transcript with highlighted designations, #11 Exhibit L - 3/2/2011 Nascimento transcript with highlighted designations, #12 Exhibit M - Reed transcript with highlighted designations, #13 Exhibit N - Schauser transcript with highlighted designations, #14 Exhibit O - 5/25/2007 Stringer transcript with highlighted designations, #15 Exhibit P - 2/11/2011 Stringer transcript with highlighted designations, #16 Exhibit Q - 10/28/2014 Stringer transcript with highlighted designations)(Yanchar, Georgia)
December 21, 2015 Filing 469 Initial Deposition Designations filed by Citrix Online, LLC, Citrix Systems, Inc. (Attachments: #1 Exhibit H - 10/27/2014 Cheung deposition transcript with highlighted designations)(Yanchar, Georgia) Modified text on 12/22/2015 (S,SR).
December 21, 2015 Opinion or Order Order [non-document] granting the parties' joint motion to amend certain pretrial deadlines. (Doc. No. #468 ) Judge Sara Lioi on 12/21/2015.(P,J)
December 18, 2015 Filing 468 Joint Motion to Amend Certain Pretrial Deadlines filed by Defendant Citrix Online, LLC. (Yanchar, Georgia)
December 17, 2015 Filing 467 Letter in Response to Citrix's Letter to Magistrate Judge Burke regarding discovery dispute filed by 01 Communique Laboratory, Inc.. Related document(s) #466 . (Carson, Charles)
December 16, 2015 Filing 466 Letter to Magistrate Judge Burke regarding discovery dispute filed by Citrix Online, LLC, Citrix Systems, Inc.. (Yanchar, Georgia)
December 10, 2015 IMPORTANT: Notice [non-document]: The Final Pretrial Conference scheduled for 12/15/2015 is rescheduled to 12/21/2015 at 1:00 PM in Chambers 526 before Judge Sara Lioi. (P,J)
December 8, 2015 Filing 465 Exhibit C (Profile of Seth James Nielson, Ph.D.) to Opposition to Plaintiff's Motion in Limine Number 7 - Nielson CV filed by Citrix Online, LLC, Citrix Systems, Inc. Related documents #463 , #460 . (Document unsigned.) (Yanchar, Georgia) Modified text and attorney notified on 12/10/2015 (M,TL).
December 8, 2015 Filing 464 Exhibit A (How it Works pages from buddyhelp.com website) to Opposition to Plaintiff's Motion in Limine No. 7 - CTX-COL 00070744 filed by Citrix Online, LLC, Citrix Systems, Inc. Related document #463 , #460 . (Document unsigned.) (Yanchar, Georgia) Modified text and attorney notified on 12/10/2015 (M,TL). Modified on 12/10/2015 (M,TL).
December 8, 2015 Filing 463 SEALED Document:Opposition to Plaintiff's Motion in Limine No. 7 filed by Citrix Online, LLC, Citrix Systems, Inc.. Related document(s) #28 , #403 , #402 . (Attachments: #1 Exhibit B - CTX-COL 0006704, #2 Exhibit D - Nielson Declaration)(Yanchar, Georgia)
December 8, 2015 Filing 462 SEALED Document:Ex. D to Opposition to Plaintiff's Motion in Limine Number 7 - Nielson Declaration filed by Citrix Online, LLC, Citrix Systems, Inc.. Related document(s) #28 , #460 . (Yanchar, Georgia)
December 8, 2015 Filing 461 SEALED Document:Exhibit B to Opposition to Plaintiff's Motion in Limine No. 7 - CTX-COL 00067064 filed by Citrix Online, LLC, Citrix Systems, Inc.. Related document(s) #28 , #460 . (Yanchar, Georgia)
December 8, 2015 Filing 460 Opposition to Plaintiff's #403 Motion in limine No. 7 Regarding the Citrix BuddyHelp Demonstrative and #402 SEALED Motion: In Limine No. 7 Regarding BuddyHelp Demonstrative Redacted filed by Citrix Online, LLC, Citrix Systems, Inc. (Attachments: #1 Exhibit A - CTX-COL 00070744, #2 Exhibit C - Nielson CV)(Yanchar, Georgia) Modified text on 12/10/2015 (M,TL).
December 8, 2015 Filing 459 Joint Preliminary Statement filed by 01 Communique Laboratory, Inc.. (Carson, Charles)
December 8, 2015 Filing 458 Proposed Order & Stipulation Final Pretrial Order filed by 01 Communique Laboratory, Inc.. (Attachments: #1 Appendix A1 - 01 Communique Witness List, #2 Appendix A2 - Citrix Witness List, #3 Appendix B1 - 01 Communique Trial Exhibit List, #4 Appendix B2 - Citrix Witness List)(Carson, Charles)
December 8, 2015 Filing 457 SEALED Document:Opposition to Plaintiff's Motion in Limine Number 6 Regarding Derogatory References filed by Citrix Online, LLC, Citrix Systems, Inc.. Related document(s) #28 , #401 . (Attachments: #1 Exhibit A - PL50079378, #2 Exhibit B - PL50124093)(Yanchar, Georgia)
December 8, 2015 Filing 456 SEALED Document:Exhibit B to Opposition to Plaintiff's Motion in Limine Number Six Regarding Derogatory References - PL50124093 filed by Citrix Online, LLC, Citrix Systems, Inc.. Related document(s) #28 , #454 . (Yanchar, Georgia)
December 8, 2015 Filing 455 SEALED Document:Exhibit A to Opposition to Plaintiff's Motion in Limine Number 6 Regarding Derogatory References - PL50079378 filed by Citrix Online, LLC, Citrix Systems, Inc.. Related document(s) #28 , #454 . (Yanchar, Georgia)
December 8, 2015 Filing 454 Opposition to #401 Motion in limine No. 6 Regarding Derogatory References Redacted filed by Citrix Online, LLC, Citrix Systems, Inc.. (Yanchar, Georgia) Modified text on 12/10/2015 (M,TL).
December 8, 2015 Filing 453 SEALED Document:Opposition to Plaintiff's Motion in Limine Number One regarding the Tridia-Citrix License Agreement filed by Citrix Online, LLC, Citrix Systems, Inc.. Related document(s) #28 , #395 , #394 . (Attachments: #1 Exhibit A - PL50130971, #2 Exhibit B - Excerpts from 2/13/2015 Feldman deposition, #3 Exhibit C - CHOATE 000115, #4 Exhibit D - CHOATE 000101)(Yanchar, Georgia)
December 8, 2015 Filing 452 SEALED Document:Opposition to Plaintiff's Motions in Limine Eight, Nine and Ten Regarding Certain Disparaging References filed by Citrix Online, LLC, Citrix Systems, Inc.. Related document(s) #28 , #404 . (Yanchar, Georgia)
December 8, 2015 Filing 451 Opposition to #400 Motion in limine No. 5 Regarding Undisclosed Expert Opinions filed by Citrix Online, LLC, Citrix Systems, Inc.. (Yanchar, Georgia)
December 8, 2015 Filing 450 Opposition to #399 Motion in limine No. 4 Regarding Dr. Foster's Invalidity Opinion filed by Citrix Online, LLC, Citrix Systems, Inc.. (Yanchar, Georgia)
December 8, 2015 Filing 449 SEALED Document: Exhibit F to #447 Opposition to #398 Plaintiff's Motion in Limine Number Three regarding the Second Ganger Declaration Submitted during the Reexamination - Excerpts from 8/3/2007 Ganger Report filed by Citrix Online, LLC, Citrix Systems, Inc.. Related document #28 . (Yanchar, Georgia) Modified text and added link on 12/9/2015 (H,KR).
December 8, 2015 Filing 448 SEALED Document: Exhibit A to #447 Opposition to #398 Motion in Limine Number Three regarding the Second Ganger Declaration Submitted During the Reexamination - Excerpts from 12/23/2014 Opp Expert Report of Ganger filed by Citrix Online, LLC, Citrix Systems, Inc.. Related document #28 . (Yanchar, Georgia) Modified text and added links on 12/9/2015 (H,KR).
December 8, 2015 Filing 447 Opposition to #398 Motion in limine No. 3 Regarding The Second Ganger Declaration Submitted During the Reexamination filed by Citrix Online, LLC, Citrix Systems, Inc.. (Attachments: #1 Exhibit B - 3/21/2013 Excerpts from Trial Transcript Vol. 4, #2 Exhibit C - 4/23/2013 01's Memo in support of Motion for JMOL..., #3 Exhibit D - 6/25/2013 Memorandum/Opinion, #4 Exhibit E - 8/26/2013 01's Opening Brief)(Yanchar, Georgia)
December 8, 2015 Filing 446 Exhibit B (LogMeInSecurity: An In-Depth Look Advertisement) to Under Seal Opposition to Plaintiff's Motion in Limine Number Two Regarding 01 Communique v. LogMeIn and Related Testimony - CTX-COL 472980-83 filed by Citrix Online, LLC, Citrix Systems, Inc. Related document #444 . (Document unsigned.) (Yanchar, Georgia) Modified text and attorney notified on 12/10/2015 (M,TL).
December 8, 2015 Filing 445 Exhibit A (Transcript of Trial in Eastern District of VA on 3/21/13) to Under Seal Opposition to Plaintiff's Motion in Limine Number Two regarding 01 Communique v. LogMeIn and Related Testimony - CTX-COL 472832-846 filed by Citrix Online, LLC, Citrix Systems, Inc. Related document #444 . (Document unsigned.) (Yanchar, Georgia) Modified text and attorney notified on 12/10/2015 (M,TL).
December 8, 2015 Filing 444 SEALED Document: Opposition to Plaintiff's #397 Motion in Limine Number Two Regarding 01 Communique v. LogMeIn and Related Testimony filed by Citrix Online, LLC, Citrix Systems, Inc.. Related document(s) #28 , #397 , #396 . (Yanchar, Georgia) Modified on 12/9/2015 (H,KR).
December 8, 2015 Filing 443 Opposition to #422 Motion in limine No. 14 - To Preclude Evidence or Argument Attempting to Distinguish GoToMyPC from LogMeIn filed by 01 Communique Laboratory, Inc.. (Shunk, Thomas)
December 8, 2015 Filing 442 Opposition to #397 Motion in limine No. 2 Regarding LogMeIn - REDACTED, #396 SEALED Motion: Motion In Limine No. 2 Regarding 01 Communique v. LogMeIn and related testimony (REDACTED VERSION) filed by Citrix Online, LLC, Citrix Systems, Inc.. (Attachments: #1 Exhibit A - CTX-COL 472832-846, #2 Exhibit B - CTX-COL 472980-83)(Yanchar, Georgia)
December 8, 2015 Filing 441 Opposition to #419 Motion in limine No. 13 - To Preclude Evidence or Argument Regarding Lost Profits, Price Erosion, or Lost Sales Damages filed by 01 Communique Laboratory, Inc. (Shunk, Thomas) Modified text on 12/10/2015 (M,TL).
December 8, 2015 Filing 440 Opposition to Defendant's #418 Motion in limine No. 12 Regarding Evidence of Copying REDACTED filed by 01 Communique Laboratory, Inc. (Attachments: #1 Exhibit A - Communique Press Release, #2 Exhibit B - Schauser Memorandum - REDACTED, #3 Exhibit C - Schauser Deposition Excerpts - REDACTED)(Shunk, Thomas) Modified text on 12/10/2015 (M,TL).
December 8, 2015 Filing 439 SEALED Document: Brief Opposing #418 Motion in limine No. 12 - To Preclude Evidence and Argument Suggesting that Citrix Stole or Copied 01 Communique's Technology filed by 01 Communique Laboratory, Inc.. Related document #28 . (Attachments: #1 Exhibit A - Communique Press Release, #2 Exhibit B - Schauser Memorandum - SEALED, #3 Exhibit C - Schauser Deposition Excerpts - SEALED)(Shunk, Thomas) Modified text on 12/9/2015 (H,KR).
December 8, 2015 Filing 438 Opposition to #417 Motion in limine No. 11 - To Preclude Evidence or Argument that Citrix Has Used Different Experts During the Course of the Litigation - REDACTED filed by 01 Communique Laboratory, Inc.. (Attachments: #1 Exhibit A - Bestavros Report Excerpts - REDACTED)(Shunk, Thomas)
December 8, 2015 Filing 437 SEALED Document: Brief Opposing #417 Motion in limine No. 11 - To Preclude Evidence or Argument that Citrix Has Used Different Experts During the Course of the Litigation filed by 01 Communique Laboratory, Inc.. Related document #28 . (Attachments: #1 Exhibit A - Bestavros Report Excerpts - SEALED)(Shunk, Thomas) Modified text on 12/9/2015 (H,KR).
December 8, 2015 Filing 436 Brief Agreeing to Defendant's #416 Motion in limine No. 10 Regarding Exclusion of all Evidence and Arguments Regarding Unrelated Legal Proceedings filed by 01 Communique Laboratory, Inc. (Shunk, Thomas) Modified text on 12/10/2015 (M,TL).
December 8, 2015 Filing 435 Opposition to #415 Motion in limine No. 9 - To Exclude All Evidence and Argument Relating to Citrix Workforce Reduction or Efforts to Restructure Itself - REDACTED filed by 01 Communique Laboratory, Inc.. (Attachments: #1 Exhibit A - Piasecki Deposition Excerpts - REDACTED)(Shunk, Thomas)
December 8, 2015 Filing 434 SEALED Document: Brief Opposing #415 Motion in limine No. 9 - To Exclude All Evidence and Argument Relating to Citrix Workforce Reduction or Efforts to Restructure Itself filed by 01 Communique Laboratory, Inc.. Related document #28 . (Attachments: #1 Exhibit A - Piasecki Deposition excerpts - SEALED)(Shunk, Thomas) Modified text on 12/9/2015 (H,KR).
December 8, 2015 Filing 433 Brief Agreeing in Part to and Opposing in Part Defendant's #413 Motion in limine No. 8 Regarding Unaccused Citrix Products filed by 01 Communique Laboratory, Inc. (Shunk, Thomas) Modified on 12/10/2015 (M,TL).
December 8, 2015 Filing 432 Opposition to #412 Motion in limine No. 7 - To Exclude All Evidence and Arguments that Any 01 Communique Product Practices Any Claims of the Asserted Patent filed by 01 Communique Laboratory, Inc.. (Attachments: #1 Exhibit A - Brlas Report excerpt, #2 Exhibit B - Cheung Deposition excerpt)(Shunk, Thomas)
December 8, 2015 Filing 431 Opposition to #411 Motion in limine No. 6 - To Exclude All Evidence and Arguments Relating to the Length of the Case, the Status of the Case Before the Stay, or any Alleged Delay by Citrix filed by 01 Communique Laboratory, Inc.. (Shunk, Thomas)
December 8, 2015 Filing 430 Opposition to #410 Motion in limine No. 5 - To Preclude Evidence and Argument that Citrix Employees Commented on 01's Financial Condition - REDACTED filed by 01 Communique Laboratory, Inc.. (Shunk, Thomas)
December 8, 2015 Filing 429 SEALED Document: Brief Opposing #410 Motion in limine No. 5 - To Preclude Evidence and Argument that Citrix Employees Commented on 01's Financial Condition filed by 01 Communique Laboratory, Inc.. Related document #28 . (Shunk, Thomas) Modified text on 12/9/2015 (H,KR).
December 8, 2015 Filing 428 Opposition to #409 Motion in limine No. 4 - To Preclude Evidence and Arguments Relating to the Size and/or Financial Performance of Citrix - REDACTED filed by 01 Communique Laboratory, Inc.. (Attachments: #1 Exhibit A - Stringer Deposition, #2 Exhibit B - Brlas Report - REDACTED)(Shunk, Thomas)
December 8, 2015 Filing 427 SEALED Document: Brief Opposing #409 Motion in Limine No. 4 - To Preclude Evidence and Arguments Relating to the Size and/or Financial Performance of Citrix filed by 01 Communique Laboratory, Inc.. Related document #28 . (Attachments: #1 Exhibit A - Stringer Deposition, #2 Exhibit B - Brlas Report)(Shunk, Thomas) Modified text on 12/9/2015 (H,KR).
December 8, 2015 Filing 426 Opposition to #408 Motion in limine No. 3 - To Preclude 01 Communique from Arguing Conception and Invention Dates that Contradict Sworn Statements to the U.S. Patent Office filed by 01 Communique Laboratory, Inc.. (Attachments: #1 Exhibit A - Cheung Deposition Excerpt, #2 Exhibit B - Cheung Reexamination Declaration, #3 Exhibit C - Cheung Invoices, #4 Exhibit D - Cheung White Paper, #5 Exhibit E - Action Closing Prosecution)(Shunk, Thomas)
December 8, 2015 Filing 425 Opposition to #406 Motion in limine No. 2 - To Exclude All Evidence and Arguments regarding Infringement Under the Doctrine of Equivalents filed by 01 Communique Laboratory, Inc.. (Shunk, Thomas)
December 8, 2015 Filing 424 Opposition to #405 Motion in limine No. 1 - To Exclude All Evidence and Arguments Relating to the Outcome of the Reexamination and to what Prior Art was the Basis for the Reexamination filed by 01 Communique Laboratory, Inc.. (Shunk, Thomas)
December 8, 2015 Opinion or Order Order [non-document] granting motion for appearance pro hac vice by attorney Katherine H. Reardon for defendants. Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms. (Related Doc #423 ). Judge Sara Lioi on 12/8/2015.(P,J)
December 7, 2015 Filing 423 Motion for attorney Katherine H. Reardon to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-7386899, filed by Citrix Online, LLC, Citrix Systems, Inc. (Attachments: #1 Affidavit of Katherine H. Reardon)(Yanchar, Georgia)
December 1, 2015 Filing 422 Motion in limine No. 14 - To Preclude Evidence or Argument Attempting to Distinguish GoToMyPC from LogMeIn filed by Citrix Online, LLC, Citrix Systems, Inc.. (Attachments: #1 Exhibit A - 3/26/13 Verdict Form, #2 Exhibit B - Excerpts from 2015-02-03 Ganger Deposition)(Yanchar, Georgia)
December 1, 2015 Filing 421 SEALED Document:Ex. C to Citrix Motion in Limine No. 13 - Excerpts from 11/26/2014 Brlas Report filed by Citrix Online, LLC, Citrix Systems, Inc.. Related document(s) #28 , #419 . (Yanchar, Georgia)
December 1, 2015 Filing 420 SEALED Document:Ex. B to Citrix Motion in Limine No. 13 - 11/18/14 email filed by Citrix Online, LLC, Citrix Systems, Inc.. Related document(s) #28 , #419 . (Yanchar, Georgia)
December 1, 2015 Filing 419 Motion in limine No. 13 - To Preclude Evidence or Argument Regarding Lost Profits, Price Erosion, or Lost Sales Damages filed by Citrix Online, LLC, Citrix Systems, Inc.. (Attachments: #1 Exhibit A - Excerpts from 2014-05-01 Supplemental Interrogatory Responses)(Yanchar, Georgia)
December 1, 2015 Filing 418 Motion in limine No. 12 - To Preclude Evidence and Argument Suggesting that Citrix Stole or Copied 01 Communique's Technology filed by Citrix Online, LLC, Citrix Systems, Inc.. (Attachments: #1 Exhibit A - Excerpts from 2013 trial transcript Vol. 1, #2 Exhibit B - Excerpts from 2013 trial transcript Vol. 6)(Yanchar, Georgia)
December 1, 2015 Filing 417 Motion in limine No. 11 - To Preclude Evidence or Argument that Citrix Has Used Different Experts During the Course of the Litigation filed by Citrix Online, LLC, Citrix Systems, Inc.. (Yanchar, Georgia)
December 1, 2015 Filing 416 Motion in limine No. 10 - To Exclude All Evidence and Arguments Regarding Unrelated Legal Proceedings Involving Citrix filed by Citrix Online, LLC, Citrix Systems, Inc.. (Yanchar, Georgia)
December 1, 2015 Filing 415 Motion in limine No. 9 - To Exclude All Evidence and Argument Relating to Citrix Workforce Reduction or Efforts to Restructure Itself filed by Citrix Online, LLC, Citrix Systems, Inc.. (Yanchar, Georgia)
December 1, 2015 Filing 414 SEALED Document:Ex. A to Citrix Motion in Limine No. 8 - Excerpts from 11/25/2014 Ganger Expert Report filed by Citrix Online, LLC, Citrix Systems, Inc.. Related document(s) #28 , #413 . (Yanchar, Georgia)
December 1, 2015 Filing 413 Motion in limine No. 8 - To Preclude Evidence and Argument Related to Any Other Citrix Product Besides GoToMyPC filed by Citrix Online, LLC, Citrix Systems, Inc.. (Yanchar, Georgia)
December 1, 2015 Filing 412 Motion in limine No. 7 - To Exclude All Evidence and Arguments that Any 01 Communique Product Practices Any Claims of the Asserted Patent filed by Citrix Online, LLC, Citrix Systems, Inc.. (Attachments: #1 Exhibit A - Excerpts from 2015-02-03 Ganger deposition)(Yanchar, Georgia)
December 1, 2015 Filing 411 Motion in limine No. 6 - To Exclude All Evidence and Arguments Relating to the Length of the Case, the Status of the Case Before the Stay, or any Alleged Delay by Citrix filed by Citrix Online, LLC, Citrix Systems, Inc.. (Yanchar, Georgia)
December 1, 2015 Filing 410 Motion in limine No. 5 - To Preclude Evidence and Argument that Citrix Employees Commented on 01's Financial Condition filed by Citrix Online, LLC, Citrix Systems, Inc.. (Yanchar, Georgia)
December 1, 2015 Filing 409 Motion in limine No. 4 - To Preclude Evidence and Arguments Relating to the Size and/or Financial Performance of Citrix filed by Citrix Online, LLC, Citrix Systems, Inc.. (Yanchar, Georgia)
December 1, 2015 Filing 408 Motion in limine No. 3 - To Preclude 01 Communique from Arguing Conception and Invention Dates that Contradict Sworn Statements to the U.S. Patent Office filed by Citrix Online, LLC, Citrix Systems, Inc.. (Attachments: #1 Exhibit A - Declaration of Andrew Cheung)(Yanchar, Georgia)
December 1, 2015 Filing 407 SEALED Document:Ex. A to Citrix Motion in Limine No. 2 - Excerpts from 11/25/2014 Ganger Expert Report filed by Citrix Online, LLC, Citrix Systems, Inc.. Related document(s) #28 , #406 . (Yanchar, Georgia)
December 1, 2015 Filing 406 Motion in limine No. 2 - To Exclude All Evidence and Arguments regarding Infringement Under the Doctrine of Equivalents filed by Citrix Online, LLC, Citrix Systems, Inc.. (Attachments: #1 Exhibit B - Excerpts from 2015-02-03 Ganger deposition)(Yanchar, Georgia)
December 1, 2015 Filing 405 Motion in limine No. 1 - To Exclude All Evidence and Arguments Relating to the Outcome of the Reexamination and to what Prior Art was the Basis for the Reexamination filed by Citrix Online, LLC, Citrix Systems, Inc.. (Yanchar, Georgia)
December 1, 2015 Filing 404 Motion in limine Nos. 8 - 10 Regarding Certain Disparaging References filed by Plaintiff 01 Communique Laboratory, Inc.. (Attachments: #1 Brief in Support Of Motions In Limine Nos. 8-10, #2 Exhibit A - Proceeding Regarding Mr. Cheung)(Shunk, Thomas)
December 1, 2015 Filing 403 Motion in limine No. 7 Regarding the Citrix BuddyHelp Demonstrative filed by Plaintiff 01 Communique Laboratory, Inc. (Attachments: #1 Brief in Support of Motion In Limine No. 7 - REDACTED, #2 Exhibit A - 11/10/2015 Letter, #3 Exhibit B - 11/18/2015 Letter, #4 Exhibit C - Ganger Declaration - REDACTED)(Shunk, Thomas) Modified on 12/3/2015 (M,TL).
December 1, 2015 Filing 402 SEALED Motion: Motion In Limine No. 7 Regarding BuddyHelp Demonstrative filed by 01 Communique Laboratory, Inc.. Related document(s) #28 . (Attachments: #1 Brief in Support Of Motion In Limine No. 7, #2 Exhibit A - 11/10/2015 Letter, #3 Exhibit B - 11/18/2015 Letter, #4 Exhibit C - Ganger Declaration - SEALED)(Shunk, Thomas) Modified event on 12/2/2015 (H,KR).
December 1, 2015 Filing 401 Motion in limine No. 6 Regarding Derogatory References filed by Plaintiff 01 Communique Laboratory, Inc. (Attachments: #1 Brief in Support Of Motion In Limine No. 6)(Shunk, Thomas) Modified text on 12/3/2015 (M,TL).
December 1, 2015 Filing 400 Motion in limine No. 5 Regarding Undisclosed Expert Opinions filed by Plaintiff 01 Communique Laboratory, Inc.. Related document(s) #393 . (Attachments: #1 Brief in Support Of Motion In Limine No. 5)(Shunk, Thomas)
December 1, 2015 Filing 399 Motion in limine No. 4 Regarding Dr. Foster's Invalidity Opinion filed by Plaintiff 01 Communique Laboratory, Inc.. Related document(s) #393 . (Attachments: #1 Brief in Support of Motion In Limine No. 4, #2 Exhibit Ziilabs v. Samsung Case)(Shunk, Thomas)
December 1, 2015 Filing 398 Motion in limine No. 3 Regarding The Second Ganger Declaration filed by Plaintiff 01 Communique Laboratory, Inc.. Related document(s) #393 . (Attachments: #1 Brief in Support of Motion In Limine No. 3, #2 Exhibit Ziilabs v. Samsung Case)(Shunk, Thomas)
December 1, 2015 Filing 397 Motion in limine No. 2 Regarding 01 Communique v LogMeIn and Related Testimony - REDACTED filed by Plaintiff 01 Communique Laboratory, Inc. Related document #393 . (Attachments: #1 Brief in Support of Motion In Limine No. 2, #2 Exhibit ActiveVideo v. Verizon Case, #3 Exhibit WorldWide v. Bensons Case)(Shunk, Thomas) Modified text on 12/3/2015 (M,TL).
December 1, 2015 Filing 396 SEALED Motion: Motion In Limine No. 2 Regarding 01 Communique v. LogMeIn and related testimony filed by 01 Communique Laboratory, Inc.. Related document(s) #28 , #393 . (Attachments: #1 Brief in Support of Motion in Limine No. 2, #2 Exhibit ActiveVideo v. Verizon case, #3 Exhibit WorldWide v. Bensons case)(Shunk, Thomas) Modified event and text on 12/2/2015 (H,KR).
December 1, 2015 Filing 395 Motion in limine No. 1 Regarding Tridia License - REDACTED filed by Plaintiff 01 Communique Laboratory, Inc.. Related document(s) #393 . (Attachments: #1 Brief in Support of Motion In Limine No. 1)(Shunk, Thomas)
December 1, 2015 Filing 394 SEALED Motion: Motion In Limine No. 1 Regarding The Tridia License Agreement filed by 01 Communique Laboratory, Inc.. Related document(s) #28 , #393 . (Attachments: #1 Brief in Support of Motion In Limine No. 1)(Shunk, Thomas) Modified event and text on 12/2/2015 (H,KR).
December 1, 2015 Filing 393 SEALED Document:Notice Of Exhibits To Plaintiff's Motions In Limine Filed Under Seal filed by 01 Communique Laboratory, Inc.. Related document(s) #28 . (Attachments: #1 Exhibit Martinez Rebuttal Report - as reissued, #2 Exhibit Foster Rebuttal Report, #3 Exhibit Collected Citrix Responses To Interrogatories)(Shunk, Thomas)
December 1, 2015 Filing 392 Proposed Voir Dire Questions filed by 01 Communique Laboratory, Inc. (Shunk, Thomas) Modified text on 12/3/2015 (M,TL).
December 1, 2015 Filing 391 Proposed Voir Dire filed by Citrix Online, LLC, Citrix Systems, Inc.. (Yanchar, Georgia)
November 13, 2015 Filing 390 Notice Pursuant to 35 USC Section 282 filed by Citrix Online, LLC, Citrix Systems, Inc.. (Yanchar, Georgia) Modified text on 11/13/2015 (H,KR).
November 2, 2015 Filing 389 Motion for attorney Bryan K. Basso to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-7338339, filed by Citrix Online, LLC, Citrix Systems, Inc.. (Attachments: #1 Affidavit of Bryan K. Basso)(Yanchar, Georgia)
November 2, 2015 Opinion or Order Order [non-document] granting motion for appearance pro hac vice by attorney Bryan K. Basso for defendants Citrix Online, LLC and Citrix Systems, Inc. Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms. (Related Doc #389 ). Judge Sara Lioi on 11/2/2015.(P,J)
October 23, 2015 Filing 388 Notice Of Additional Authority Regarding Docket Entries 354, 355, 376 and 385 filed by 01 Communique Laboratory, Inc.. Related document(s) #385 , #355 , #354 , #376 .(Shunk, Thomas)
October 20, 2015 Opinion or Order Order [non-document] granting the parties' joint motion to modify certain pretrial deadlines contained in the Court's scheduling order, and the Court adopts the same. (Doc. No. #387 .) Judge Sara Lioi on 10/20/2015.(P,J)
October 19, 2015 Filing 387 Joint Motion to Amend Certain Pretrial Deadlines filed by Citrix Online, LLC, Citrix Systems, Inc.. Related document(s) #345 . (Yanchar, Georgia) Modified text on 10/20/2015 (H,KR).
October 2, 2015 Filing 386 Reply in support of #352 Cross Motion for partial summary judgment that the asserted claims are patent eligible under 35 U.S.C. section 101 filed by 01 Communique Laboratory, Inc.. (Attachments: #1 Exhibit OO - HID Global case, #2 Exhibit PP - Maxus case, #3 Exhibit QQ - Prism Tech. case)(Shunk, Thomas)
October 2, 2015 Filing 385 SEALED Document:Citrix's Reply in Support of its Motion for Summary Judgment of (1) No Willful Infringement, (2) No Induced Infringement, and (3) No Injunctive Relief filed by Citrix Online, LLC, Citrix Systems, Inc.. Related document(s) #28 , #355 , #354 . (Yanchar, Georgia)
September 23, 2015 Filing 384 Notice of Service of Dkt. Nos. 377-383, Deposition Transcripts filed by 01 Communique Laboratory, Inc.. Related document(s) #381 , #378 , #379 , #382 , #383 , #380 , #377 .(Moser, Christina)
September 23, 2015 Filing 383 SEALED Document:10/21/2014 Szerwo Deposition Transcript filed by 01 Communique Laboratory, Inc.. Related document(s) #28 , #376 . (Moser, Christina)
September 23, 2015 Filing 382 SEALED Document:4/11/2007 Donahoo Deposition Transcript filed by 01 Communique Laboratory, Inc.. Related document(s) #28 , #376 . (Moser, Christina)
September 23, 2015 Filing 381 SEALED Document:2/3/2015 Ganger Deposition Transcript filed by 01 Communique Laboratory, Inc.. Related document(s) #28 , #376 . (Moser, Christina)
September 23, 2015 Filing 380 SEALED Document:10/23/2014 Muenke Deposition Transcript filed by 01 Communique Laboratory, Inc.. Related document(s) #28 , #346 , #376 . (Moser, Christina)
September 23, 2015 Filing 379 SEALED Document:10/31/2014 Piasecki Deposition Transcript filed by 01 Communique Laboratory, Inc.. Related document(s) #28 , #346 , #376 . (Moser, Christina)
September 23, 2015 Filing 378 SEALED Document:2/4/2015 Foster Deposition Transcript filed by 01 Communique Laboratory, Inc.. Related document(s) #28 , #346 , #376 . (Moser, Christina)
September 23, 2015 Filing 377 SEALED Document:1/9/2015 Foster Deposition Transcript filed by 01 Communique Laboratory, Inc.. Related document(s) #28 , #346 , #376 . (Moser, Christina)
September 18, 2015 Filing 376 SEALED Document: Reply regarding summary judgment of (1) direct infringement and (2) exclusion of prior art, and in response to Defendants motion for summary judgment of no willfulness, inducement and injunctive relief filed by 01 Communique Laboratory, Inc.. Related document(s) #28 . (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, #10 Exhibit DD, #11 Exhibit EE, #12 Exhibit FF, #13 Exhibit GG, #14 Exhibit HH, #15 Exhibit II, #16 Exhibit JJ, #17 Exhibit KK, #18 Exhibit LL, #19 Exhibit MM, #20 Exhibit NN)(Moser, Christina) Modified text and contacted attorney on 9/21/2015 (H,KR).
September 18, 2015 Filing 375 Reply in support of #347 Motion for summary judgment that the asserted claims are patent ineligible under 35 USC Section 101 and in Opposition to 01's Cross-Motion filed by Citrix Online, LLC, Citrix Systems, Inc.. (Attachments: #1 Exhibit 1 - PTO Preliminary Examination Instructions, #2 Exhibit 2 - Bilski Blog, #3 Exhibit 3 - One Year Review of Alice, #4 Exhibit 4 - Ramifications of Alice, #5 Exhibit 5 - Order re Motion to Strike)(Yanchar, Georgia)
September 11, 2015 Opinion or Order Order [non-document] granting the parties' joint motion to extend certain dispositive motion deadlines by four (4) days as described in the motion. (Doc. No. #374 .) Judge Sara Lioi on 9/11/2015.(P,J)
September 10, 2015 Filing 374 Joint Motion for extension of Dispositive Motion Deadlines until September 28, 2015 and October 2, 2015 filed by Citrix Online, LLC, Citrix Systems, Inc.. Related document(s) #345 . (Yanchar, Georgia)
September 1, 2015 Filing 373 Stipulated Addendum to Protective Order. (Related Doc #28 , #372 ). Judge Sara Lioi on 9/1/2015. (P,J)
August 28, 2015 Filing 372 Joint Proposed Stipulated Addendum to Protective Order filed by 01 Communique Laboratory, Inc. (Carson, Charles)
August 27, 2015 Filing 371 Exhibit 16 (CTX_COL00000357) to Opposition to Plaintiff's Motion for Summary Judgment of (1) Direct Infringement and (2) Exclusion of Prior Art Raised During the Reexamination Proceedings, and Memorandum in Support of Motion for Summary Judgment of (1) No Willful Infringement, (2) No Induced Infringement, and (3) No Injunctive Relief filed by Citrix Online, LLC, Citrix Systems, Inc.. Related document(s) #355 , #354 .(Yanchar, Georgia) Modified text on 8/31/2015 (P,G).
August 27, 2015 Filing 370 SEALED Document:Exhibit 15 (Brlas Report Excerpts) to Opposition to Plaintiff's Motion for Summary Judgment of (1) Direct Infringement and (2) Exclusion of Prior Art Raised During the Reexamination Proceedings, and Memorandum in Support of Motion for Summary Judgment of (1) No Willful Infringement, (2) No Induced Infringement, and (3) No Injunctive Relief filed by Citrix Online, LLC, Citrix Systems, Inc.. Related document(s) #28 , #355 , #354 . (Yanchar, Georgia) Modified text on 8/31/2015 (P,G).
August 27, 2015 Filing 369 Exhibit 14 (Excerpts from Cheung deposition) to Opposition to Plaintiff's Motion for Summary Judgment of (1) Direct Infringement and (2) Exclusion of Prior Art Raised During the Reexamination Proceedings, and Memorandum in Support of Motion for Summary Judgment of (1) No Willful Infringement, (2) No Induced Infringement, and (3) No Injunctive Relief filed by Citrix Online, LLC, Citrix Systems, Inc.. Related document(s) #355 , #354 .(Yanchar, Georgia) Modified text on 8/31/2015 (P,G).
August 27, 2015 Filing 368 Exhibit 13 (Excerpts from Response to Interrogatory No. 5) to Opposition to Plaintiff's Motion for Summary Judgment of (1) Direct Infringement and (2) Exclusion of Prior Art Raised During the Reexamination Proceedings, and Memorandum in Support of Motion for Summary Judgment of (1) No Willful Infringement, (2) No Induced Infringement, and (3) No Injunctive Relief filed by Citrix Online, LLC, Citrix Systems, Inc.. Related document(s) #355 , #354 .(Yanchar, Georgia) Modified text on 8/31/2015 (P,G).
August 27, 2015 Filing 367 SEALED Document:Exhibit 12 (Bestavros Report) to Opposition to Plaintiff's Motion for Summary Judgment of (1) Direct Infringement and (2) Exclusion of Prior Art Raised During the Reexamination Proceedings, and Memorandum in Support ofMotion for Summary Judgment of (1) No Willful Infringement, (2) No Induced Infringement, and (3) No Injunctive Relief filed by Citrix Online, LLC, Citrix Systems, Inc.. Related document(s) #28 , #355 , #354 . (Yanchar, Georgia) Modified text on 8/31/2015 (P,G).
August 27, 2015 Filing 366 Exhibit 11 (5/30/2007 Gogerty Declaration) to Opposition to Plaintiff's Motion for Summary Judgment of (1) Direct Infringement and (2) Exclusion of Prior Art Raised During the Reexamination Proceedings, and Memorandum in Support of Motion for Summary Judgment of (1) No Willful Infringement, (2) No Induced Infringement, and (3) No Injunctive Relief filed by Citrix Online, LLC, Citrix Systems, Inc.. Related document(s) #355 , #354 .(Yanchar, Georgia) Modified text on 8/31/2015 (P,G).
August 27, 2015 Filing 365 Exhibit 10 (Dickinson Declaration) to Opposition to Plaintiff's Motion for Summary Judgment of (1) Direct Infringement and (2) Exclusion of Prior Art Raised During the Reexamination Proceedings, and Memorandum in Support of Motion for Summary Judgment of (1) No Willful Infringement, (2) No Induced Infringement, and (3) No Injunctive Relief filed by Citrix Online, LLC, Citrix Systems, Inc.. Related document(s) #355 , #354 .(Yanchar, Georgia) Modified text on 8/31/2015 (P,G).
August 27, 2015 Filing 364 Exhibit 9 (2/2/2015 Ganger excerpts) to Opposition to Plaintiff's Motion for Summary Judgment of (1) Direct Infringement and (2) Exclusion of Prior Art Raised During the Reexamination Proceedings, and Memorandum in Support of Motion for Summary Judgment of (1) No Willful Infringement, (2) No Induced Infringement, and (3) No Injunctive Relief filed by Citrix Online, LLC, Citrix Systems, Inc.. Related document(s) #355 , #354 .(Yanchar, Georgia) Modified text on 8/31/2015 (P,G).
August 27, 2015 Filing 363 Exhibit 8 (buddyhelp) to Opposition to Plaintiff's Motion for Summary Judgment of (1) Direct Infringement and (2) Exclusion of Prior Art Raised During the Reexamination Proceedings, and Memorandum in Support of Motion for Summary Judgment of (1) No Willful Infringement, (2) No Induced Infringement, and (3) No Injunctive Relief filed by Citrix Online, LLC, Citrix Systems, Inc.. Related document(s) #355 , #354 .(Yanchar, Georgia) Modified text on 8/31/2015 (P,G).
August 27, 2015 Filing 362 Exhibit 7 (PTAB Oral Hearing dated 5/8/2013) to Opposition to Plaintiff's Motion for Summary Judgment of (1) Direct Infringement and (2) Exclusion of Prior Art Raised During the Reexamination Proceedings, and Memorandum in Support of Motion for Summary Judgment of (1) No Willful Infringement, (2) No Induced Infringement, and (3) No Injunctive Relief filed by Citrix Online, LLC, Citrix Systems, Inc.. Related document(s) #355 , #354 .(Yanchar, Georgia) Modified text on 8/31/2015 (P,G).
August 27, 2015 Filing 361 SEALED Document:Exhibit 6 (Foster excerpts) to Opposition to Plaintiff's Motion for Summary Judgment of (1) Direct Infringement and (2) Exclusion of Prior Art Raised During the Reexamination Proceedings, and Memorandum in Support of Motion for Summary Judgment of (1) No Willful Infringement, (2) No Induced Infringement, and (3) No Injunctive Relief filed by Citrix Online, LLC, Citrix Systems, Inc.. Related document(s) #28 , #355 , #354 . (Yanchar, Georgia) Modified text on 8/31/2015 (P,G).
August 27, 2015 Filing 360 SEALED Document:Exhibit 5 (Piasecki excerpts) to Opposition to Plaintiff's Motion for Summary Judgment of (1) Direct Infringement and (2) Exclusion of Prior Art Raised During the Reexamination Proceedings, and Memorandum in Support of Motion for Summary Judgment of (1) No Willful Infringement, (2) No Induced Infringement, and (3) No Injunctive Relief filed by Citrix Online, LLC, Citrix Systems, Inc.. Related document(s) #28 , #355 , #354 . (Yanchar, Georgia) Modified text on 8/31/2015 (P,G).
August 27, 2015 Filing 359 SEALED Document: Exhibit 4 (8/3/2007 Ganger Report) to Opposition to Plaintiff's Motion for Summary Judgment of (1) Direct Infringement and (2) Exclusion of Prior Art Raised During the Reexamination Proceedings, and Memorandum in Support of Motion for Summary Judgment of (1) No Willful Infringement, (2) No Induced Infringement, and (3) No Injunctive Relief filed by Citrix Online, LLC, Citrix Systems, Inc.. Related document(s) #28 , #355 , #354 . (Yanchar, Georgia) Modified text on 8/31/2015 (P,G).
August 27, 2015 Filing 358 Exhibit 3 (Ganger 2nd Reexamination Declaration) to Opposition to Plaintiff's Motion for Summary Judgment of (1) Direct Infringement and (2) Exclusion of Prior Art Raised During the Reexamination Proceedings, and Memorandum in Support of Motion for Summary Judgment of (1) No Willful Infringement, (2) No Induced Infringement, and (3) No Injunctive Relief filed by Citrix Online, LLC, Citrix Systems, Inc.. Related document(s) #355 , #354 .(Yanchar, Georgia) Modified text on 8/31/2015 (P,G).
August 27, 2015 Filing 357 Exhibit 2 (BPAI Appellate Brief) to Opposition to Plaintiff's Motion for Summary Judgment of (1) Direct Infringement and (2) Exclusion of Prior Art Raised During the Reexamination Proceedings, and Citrix's Memorandum in Support of Motion for Summary Judgment of (1) No Willful Infringement, (2) No Induced Infringement, and (3) No Injunctive Relief filed by Citrix Online, LLC, Citrix Systems, Inc.. Related document(s) #355 , #354 .(Yanchar, Georgia) Modified text on 8/31/2015 (P,G).
August 27, 2015 Filing 356 SEALED Document:Exhibit 1 (Ganger deposition excerpts) to Opposition to Plaintiff's Motion for Summary Judgment of (1) Direct Infringement and (2) Exclusion of Prior Art Raised During the Reexamination Proceedings, and Memorandum in Support of Motion for Summary Judgment of (1) No Willful Infringement, (2) No Induced Infringement, and (3) No Injunctive Relief filed by Citrix Online, LLC, Citrix Systems, Inc.. Related document(s) #28 , #355 , #354 . (Yanchar, Georgia) Modified text on 8/31/2015 (P,G).
August 27, 2015 Filing 355 SEALED Document: Opposition to Plaintiff's Motion for Summary Judgment of (1) Direct Infringement and (2) Exclusion of Prior Art Raised During the Reexamination Proceeding, and Memorandum in Support of Citrix's Motion for Summary Judgment of (1) No Willful Infringement, (2) No Induced Infringement, and (3) No Injunctive Relief filed by Citrix Online, LLC, Citrix Systems, Inc.. Related document(s) #28 , #346 , #354 . (Yanchar, Georgia) Modified text on 8/31/2015 (P,G).
August 27, 2015 Filing 354 Motion for summary judgment of (1) No Willful Infringement, (2) No Induced Infringement, and (3) No Injunctive Relief filed by Citrix Online, LLC, Citrix Systems, Inc.. Related document(s) #346 , #345 . (Yanchar, Georgia)
August 27, 2015 Filing 353 Memorandum Opposing #347 Motion for summary judgment that the asserted claims are patent ineligible under 35 USC Section 101 and in support of plaintiff's #352 cross-motion filed by All Plaintiffs. (Attachments: #1 Exhibit T - Foster Deposition excerpt)(Shunk, Thomas) Modified text, added link on 8/31/2015 (P,G).
August 27, 2015 Filing 352 Cross Motion for partial summary judgment that the asserted claims are patent eligible under 35 U.S.C. section 101 filed by Plaintiff 01 Communique Laboratory, Inc.. Related document(s) #347 . (Shunk, Thomas)
August 10, 2015 Filing 351 Notice re: Plaintiff's Redactions Filed in Response to July 29, 2015 Court Order filed by 01 Communique Laboratory, Inc.. (Attachments: #1 Motion for Summary Judgment, #2 Brief in Support - Redacted Version, #3 Declaration of Thomas H. Shunk, #4 Exhibit A - Patent in Suit, #5 Exhibit B - First Foster Report - Redacted, #6 Exhibit C - Second Foster Report - Redacted, #7 Exhibit D - Ganger Report - Redacted, #8 Exhibit E - Foster 1st Depo - Redacted, #9 Exhibit F - Foster 2d Depo - Redacted, #10 Exhibit G - Ganger Depo - Redacted, #11 Exhibit H - IDS, #12 Exhibit I - Citrix Supplemental Interrogatory Responses, #13 Exhibit J - Piasecki Depo - Redacted, #14 Exhibit K - Broker Group - Redacted, #15 Exhibit L - GTMPC Architecture - Redacted, #16 Exhibit M - Story of GTMPC - Redacted, #17 Exhibit N - Broker Architecture - Redacted, #18 Exhibit O- Star Envirotech Decision, #19 Exhibit P - Muenke Depo - Redacted, #20 Exhibit Q - BuddyHelp Source Code - Redacted, #21 Exhibit R - ExpertLive Source Code - Redacted, #22 Exhibit S - Technical Due Diligence Report - Redacted)Related document(s) #346 ,.(Moser, Christina)
August 10, 2015 Filing 350 Notice of Withdrawal of Appearance of Jennifer A. Albert, Don M. Kennedy, Douglas J. Kline, Timothy J. Rousseau, and Michael Strapp of Goodwin Procter LLP and William A. Meunier filed by Citrix Online, LLC, Citrix Systems, Inc.. (Yanchar, Georgia) Modified text on 8/11/2015 (H,KR).
July 29, 2015 Opinion or Order Order [non-document] regarding plaintiff's motion for summary judgment, which has been filed entirely under seal. (Doc. No. #346 .) The parties are reminded that the Court disfavors filing entire documents under seal, and only material that is genuinely confidential information may be filed under seal. To the extent that plaintiff's motion for summary judgment, and exhibits thereto, contains genuinely confidential information, plaintiff shall file an unsealed redacted version of the motion and exhibits by August 10, 2015. If redacted versions are not filed, the documents originally filed will be unsealed by the Court. Judge Sara Lioi on 7/29/2015. (P,J)
July 27, 2015 Filing 349 Deposition of Gregory Ganger in support of #347 Motion for summary judgment filed by Citrix Online, LLC, Citrix Systems, Inc.. Related document(s) #345 .(Yanchar, Georgia) Modified text on 7/28/2015 (S,HR).
July 27, 2015 Filing 348 Deposition of Andrew Cheung in support of #347 Motion for summary judgment filed by Citrix Online, LLC, Citrix Systems, Inc.Related document(s) #345 , #347 .(Yanchar, Georgia) Modified text on 7/28/2015 (S,HR).
July 27, 2015 Filing 347 Motion for summary judgment that the asserted claims are patent ineligible under 35 USC Section 101 filed by Citrix Online, LLC, Citrix Systems, Inc.. Related document(s) #345 . (Attachments: #1 Brief in Support, #2 Exhibit 1 - IP Law and Innovation, #3 Exhibit 2 - 9/18/2009 Ganger 2nd Reexam, #4 Exhibit 3 - 9/19/2009 Amendment, #5 Exhibit 4 - US Patent No. 6,928,479, #6 Exhibit 5 - 2/2/2015 Ganger deposition excerpts, #7 Exhibit 6 - 10/27/2014 Cheung deposition excerpts, #8 Exhibit 7 - 9/3/2008 Amendment)(Yanchar, Georgia)
July 27, 2015 Filing 346 SEALED Motion for summary judgment of infringement, and exclusion of prior art raised during the reexamination proceeding filed by 01 Communique Laboratory, Inc. Related document(s) #28 . (Attachments: #1 Brief in Support, #2 Affidavit Declaration of Thomas H. Shunk, #3 Exhibit A - U.S. Patent No. 6,928,479C1, #4 Exhibit B - First Foster Report, #5 Exhibit C - Second Foster Report, #6 Exhibit D - Ganger Report, #7 Exhibit E - Foster 1st Depo Excerpts, #8 Exhibit F - Foster 2d Depo Excerpts, #9 Exhibit G - Ganger Depo Excerpts, #10 Exhibit H - IDS from SN 95-001018, #11 Exhibit I - Citrix Supplemental Responses to 01 ROGs, #12 Exhibit J - Piasecki Depo Excerpts, #13 Exhibit K - Broker Group, #14 Exhibit L - GTMPC Architecture, #15 Exhibit M - Story of GTMPC, #16 Exhibit N - Broker Architecture, #17 Exhibit O - Star Envirotech Decision, #18 Exhibit P - Muenke Depo Excerpts, #19 Exhibit Q - Buddy Help Source Code, #20 Exhibit R - ExpertLive Source Code, #21 Exhibit S - Technical Due Diligence Report)(Shunk, Thomas) Modified to create motion and modified text on 7/28/2015 (S,HR).
June 22, 2015 Filing 345 Case Management Plan and Trial Order Part II. On June 12, 2015, the Court issued its Claim Construction Ruling (Doc. No. #343 ). The following schedule will now govern: 7/27/2015--Opening Briefs due on dispositive motions; 8/27/2015--Response Briefs due on the dispositive motion issues mentioned for the July 27 briefing, and Opening Brief (if elected) due on any issue for which the party does not bear the burden of proof; 9/14/2015--Reply Briefs/Response Briefs due on the dispositive motion issues mentioned for the July 27 and August 27 briefing, respectively; 9/28/2015--Reply Briefs due in support of the dispositive motion issues raised in the August 27 opening briefing. Final Pretrial Conference set for 12/15/2015 at 10:00 AM in Chambers 526 before Judge Sara Lioi. Jury Trial set for 1/8/2016 at 8:00 AM in Courtroom 530 before Judge Sara Lioi. Attorneys are cautioned not to rely on the docket entry only. Read the attached Order for additional information and requirements. Judge Sara Lioi on 6/22/2015. (P,J)
June 19, 2015 Filing 344 Joint Proposed Dispositive Motion Schedule filed by All Plaintiffs. (Shunk, Thomas)
June 19, 2015 Minutes of proceedings [non-document] before Judge Sara Lioi. On June 19, 2015, the Court conducted a telephonic status conference with counsel only to establish a case management plan for the balance of the case. Attorneys Thomas Shunk, Kenneth Sheehan, and Christina Moser participated on behalf of plaintiff. Attorneys Ruffin Cordell, Indranil Mukarji, Stephen Marshall, and Georgia Yanchar participated on behalf of defendants. Counsel conferred in advance of the status conference and advised the Court that they have agreed to withdraw without prejudice all motions pending at the time the case was stayed. In light of the parties' agreement, the Court hereby administratively terminates all such motions. After an extended discussion regarding the parties' intention to raise issues regarding estoppel with respect to prior art and challenges to the patentability, the Court concluded that those issues should be raised in the context of summary judgment motions. The parties shall file a joint agreed proposal regarding the dispositive motions and schedule for the Court's consideration by June 22, 2015. Finally, a tentative trial date of January 8, 2016 was selected. (Court Reporter: None.) (Time: 45 minutes.) (P,J)
June 15, 2015 Opinion or Order Order [non-document]: The Court has issued its claims construction opinion in this case. (Doc. No. #343 .) On June 19, 2015 at 11:00 a.m., the Court will conduct a telephonic status conference, with counsel only, to establish a case management plan for the balance of this case, including a dispositive motion schedule. The telephone conference will be initiated by plaintiff's counsel. After all participants are on the line, plaintiff's counsel shall place the call to Chambers of the Honorable Sara Lioi at (330) 252-6060. Alternatively, plaintiff's counsel may arrange a dial-in conference call, and provide the Court and all counsel participating in the status conference with dial-in instructions at least twenty-four hours before the conference. Judge Sara Lioi on 6/15/2015. (P,J)
June 12, 2015 Filing 343 Memorandum Opinion and Order: Having considered the parties' briefs, exhibits, and arguments presented at the Markman hearing, the Court construes the disputed claim terms as set forth herein. (See Opinion). Judge Sara Lioi on 6/12/2015. (P,J)
June 11, 2015 Filing 342 Notice by Plaintiff of Issuance of Reexamination Certificate filed by 01 Communique Laboratory, Inc.. (Attachments: #1 Reexamination Certificate)(Moser, Christina)
May 28, 2015 Filing 341 SEALED Reply in support of appeal of #338 Magistrate Judge's order regarding Citrix' improper assertion of attorney client privilege filed by 01 Communique Laboratory, Inc. Related document(s) #28 , #339 . (Moser, Christina) Modified text on 5/29/2015 (S,HR).
May 18, 2015 Filing 340 SEALED Document: Opposition to Appeal of Magistrate Judge's Order re Attorney Client Privilege filed by All Defendants. Related document(s) #28 , #338 , #339 . (Attachments: #1 Exhibit 1 - April 9, 2015 Letter)(Marshall, Stephen) Modified text on 5/19/2015 (S,HR).
May 1, 2015 Filing 339 SEALED Document: Appeal of Magistrate Judge Order regarding Citrix' Improper Assertion of Attorney Client Privilege #28 , #338 filed by Plaintiff 01 Communique Laboratory, Inc.. Related document(s) #28 , #338 . (Attachments: #1 Exhibit A - Declaration of Christina J. Moser, #2 Exhibit B - Tridia License, #3 Exhibit C - Goodwin Procter Privilege Log, #4 Exhibit D - Mohagan Deposition, #5 Exhibit E - Musson Deposition, #6 Exhibit F - Martinez 2014 Report, #7 Exhibit G - March 2015 Emails, #8 Exhibit H - Choate Privilege Log, #9 Exhibit I - Donahoo Deposition, #10 Exhibit J - Feldman Deposition)(Moser, Christina) Modified text/event on 5/4/2015 (P, S).
April 17, 2015 Filing 338 Memorandum Opinion and Order regarding March 3, 2015, Notice of Discovery Dispute. As set forth in the attached Order, the Court finds that Defendants properly asserted attorney-client privilege with respect both to questions asked during the Feldman deposition and the documents identified in Revised Privilege Log Entries # 2 and #98. Attorneys are cautioned not to rely on the docket entry only. Read the attached Order for additional information. Magistrate Judge Kathleen B. Burke on 4/17/2015. (D,I)
April 15, 2015 Filing 337 Notice of Filing Redacted Brief re Defendants' Improper Assertion of Attorney Client Privilege filed by 01 Communique Laboratory, Inc. (Attachments: #1 Redacted Brief re Defendants' Improper Assertion of Attorney Client Privilege ) Related document(s) #335 . (Moser, Christina) Modified text on 4/16/2015 (S,HR).
April 15, 2015 Filing 336 Redacted Memorandum in Support of Defendants' Assertion of Attorney-Client Privilege filed by Citrix Online, LLC, Citrix Systems, Inc.. (Attachments: #1 Exhibit A - Redacted Feldman highlights, #2 Exhibit B - Redacted Martinez highlights, #3 Exhibit C - explanatory slipsheet re in camera inspection, #4 Exhibit D - revised privilege log, #5 Exhibit E - explanatory slipsheet re in camera inspection, #6 Exhibit F - revised privilege log)Related document(s) #334 .(Yanchar, Georgia)
April 13, 2015 Opinion or Order Order: [non-document] With respect to the parties' pending discovery dispute, the parties have filed the following documents under seal: Docs. #334 and #335 . The parties are reminded that the Court disfavors the filing of entire documents under seal and that only genuinely confidential information may be redacted. To the extent that any of the documents contains such genuinely confidential information, the parties shall file redacted versions of those documents on or before 4/15/2015. If a redacted version of a document is not filed on or before that date, the document as originally filed will be unsealed. Magistrate Judge Kathleen B. Burke on 4/13/2015. (D,I)
March 27, 2015 Filing 335 SEALED Document: Memorandum Regarding Defendants' Improper Assertion of Privilege filed by 01 Communique Laboratory, Inc. Related document(s) #28 , #333 . (Attachments: #1 Exhibit A - Martinez Deposition, #2 Exhibit B - Feldman Deposition, #3 Exhibit C - Cheung Deposition, #4 Exhibit D - Dec. 5, 2006 Letter, #5 Exhibit E - July 31, 2006 Letter, #6 Exhibit F - Dec. 12, 2006 Email, #7 Exhibit G - Dec. 6, 2006 Letter)(Moser, Christina)
March 20, 2015 Filing 334 SEALED Document: Memorandum in Support of Defendants' Assertion of Attorney-Client Privilege filed by Citrix Online, LLC, Citrix Systems, Inc. Related document(s) #333 , #28 . (Attachments: #1 Exhibit A - highlighted Feldman transcript, #2 Exhibit B - highlighted Martinez transcript, #3 Exhibit C - 11/21/2006 email, #4 Exhibit D - Enttry 98 from Citrix Privilege Log, #5 Exhibit E - 11/28/2006 email, #6 Exhibit F - Entry 2)(Yanchar, Georgia)
March 13, 2015 Filing 333 Briefing Order regarding March 3, 2015 Discovery Dispute. See order for additional for details. Magistrate Judge Kathleen B. Burke on 3/13/2015. (D,I)
March 13, 2015 Filing 332 Joint Status Report Regarding Discovery Disputes filed by 01 Communique Laboratory, Inc. Related document(s) #331 .(Moser, Christina) Modified text on 3/16/2015 (S,HR).
March 5, 2015 Opinion or Order Filing 331 Order regarding March 3, 2015, Notice of Discovery Dispute. See Order for details. Attorneys are cautioned not to rely on the docket entry only. Read the attached Order for additional information and requirements. Magistrate Judge Kathleen B. Burke on 3/5/2015. (D,I)
March 3, 2015 Filing 330 Counter Notice of Discovery Dispute filed by All Defendants. Related document(s) #329 .(Yanchar, Georgia)
March 3, 2015 Filing 329 Notice of Discovery Dispute regarding improper assertions of privilege filed by 01 Communique Laboratory, Inc. (Moser, Christina)
February 25, 2015 Opinion or Order Order [non-document] regarding the parties' request for clarification regarding the dispositive motion schedule in this case. (Doc. No. #328 .) The Court's Second Amended Case Management Plan (Doc. No. #288 ), not the Local Patent Rules, control. The Court will conduct a status conference after ruling on claim construction in order to establish a dispositive motion schedule and other dates and deadlines in this case. Judge Sara Lioi on 2/25/2015. (P,J)
February 24, 2015 Filing 328 Joint Submission Regarding Post-Discovery Deadlines and Readiness for Scheduling Conference filed by 01 Communique Laboratory, Inc.. (Carson, Charles)
January 21, 2015 Filing 327 Non-Appeal Transcript Order Form for proceedings held on 11/13/2014 before Judge Lioi, re Markman Hearing. Court Reporter: Caroline Mahnke. Requested completion date: Ordinary (February 16, 2015) requested by James Muraff. (P,G)
January 15, 2015 Opinion or Order Order [non-document] granting the parties' joint motion to amend the Second Amended Case Management Plan to extend the expert discovery deadline to February 27, 2015. (Doc. No. #326 and #288 .) Judge Sara Lioi on 1/15/2015.(P,J)
January 13, 2015 Filing 326 Joint Motion to amend Case Management Plan filed by Plaintiff 01 Communique Laboratory, Inc.. (Moser, Christina) Modified text on 1/13/2015 (H,KR).
December 29, 2014 Opinion or Order Filing 325 Order regarding discovery dispute (Doc. #301 ). As set forth in the attached Order, the Court finds that Plaintiff is entitled to further discovery with respect to Defendants' litigation licenses. Attorneys are cautioned not to rely on the docket entry only. Read the attached Order for additional information and requirements.Magistrate Judge Kathleen B. Burke on 12/29/2014. (D,I)
December 24, 2014 Filing 324 Redacted Reply in Support of Motion to Compel filed by 01 Communique Laboratory, Inc.. (Attachments: #1 Exhibit A - Redacted Martinez Report, #2 Exhibit B - Redacted Moser Decl, #3 Exhibit C - Redacted Mohagan Depo, #4 Exhibit D - Redacted Szerwo, #5 Exhibit E - Redacted Spreadsheet)Related document(s) #316 .(Moser, Christina) Modified text on 12/30/2014 (H,KR).
December 24, 2014 Filing 323 Redacted Letter to the Honorable Judge Sara Lioi Regarding Discovery Dispute filed by 01 Communique Laboratory, Inc.. (Attachments: #1 Exhibit A - Requests for Production, #2 Exhibit B - 30(b)(6) Notice, #3 Exhibit C - Raney Depo, #4 Exhibit D - Szerwo Depo, #5 Exhibit E - Musson Depo, #6 Exhibit F - Muenke Depo)Related document(s) #301 .(Moser, Christina) Modified text and added that document is redacted on 12/30/2014 (H,KR).
December 24, 2014 Filing 322 Redacted Joint Status Report Regarding Discovery Disputes filed by Citrix Online, LLC, Citrix Systems, Inc.. Related document(s) #319 .(Yanchar, Georgia) Modified text and added the word redacted on 12/29/2014 (H,KR).
December 24, 2014 Filing 321 Redacted Brief Regarding Plaintiff's Requests for Discovery Concerning Defendants' Litigation Licenses filed by Citrix Online, LLC, Citrix Systems, Inc.. Related document #314 .(Yanchar, Georgia) Modified text and added the word redacted on 12/29/2014 (H,KR).
December 17, 2014 Filing 320 Non-Appeal Transcript Order Form for proceedings held on 11/13/2014 before Judge Lioi, Court Reporter: Caroline Mahnke. Requested completion date: not indicated on form, requested by Dustin Block. (P,G)
December 17, 2014 Opinion or Order Order [non-document] With respect to the parties' pending discovery dispute, the parties have filed the following documents under seal: Docs. #301 , #314 , #316 , and #319 . The parties are reminded that the Court disfavors the filing of entire documents under seal and that only genuinely confidential information may be redacted. To the extent that any of the documents contains such genuinely confidential information, the parties shall file redacted versions of those documents on or before 12/24/2014. If a redacted version of a document is not filed on or before that date, the document as originally filed will be unsealed. Magistrate Judge Kathleen B. Burke on 12/17/2014. (D,I)
December 8, 2014 Filing 319 Joint SEALED Document:Status Report Regarding Discovery Issues filed by Citrix Online, LLC, Citrix Systems, Inc.. Related document(s) #28 , #310 . (Yanchar, Georgia)
December 5, 2014 Filing 318 Transcript of Claim Construction Hearing held on November 13, 2014 before Judge Sara Lioi. To obtain a bound copy of this transcript please contact court reporter Caroline Mahnke at 330-252-6021. [275 pages] 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. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 12/12/2014. Redaction Request due 12/26/2014. Redacted Transcript Deadline set for 1/5/2015. Release of Transcript Restriction set for 3/5/2015. Related document(s) #313 , #317 . (M,Ca)
December 4, 2014 Filing 317 Expedited Non-Appeal Transcript Order Form for proceedings held on 11/13/2014 before Judge Judge Lioi, Court Reporter: Caroline Mahnke. Requested completion date: 12/5/2014 filed by Citrix Online, LLC, Citrix Systems, Inc.. (Yanchar, Georgia)
December 3, 2014 Filing 316 SEALED Document:Reply in Support of Motion to Compel filed by 01 Communique Laboratory, Inc.. Related document(s) #28 , #307 , #301 , #314 . (Attachments: #1 Exhibit A - Martinez Report, #2 Exhibit B - Moser Declaration, #3 Exhibit C - Mohagan Deposition, #4 Exhibit D - Szerwo Deposition, #5 Exhibit E - Ammorization Spreadsheet)(Moser, Christina)
December 1, 2014 Filing 315 Reply to #308 Counterclaims filed by 01 Communique Laboratory, Inc.. (Carson, Charles) Modified text on 12/3/2014 (H,KR).
November 26, 2014 Filing 314 SEALED Document: Brief regarding requests for discovery concerning Defendant's litigation licenses filed by All Defendants. Related document(s) #28 , #310 , #301 . (Attachments: #1 Exhibit A - 10/15/14 Letter to C. Carson, #2 Exhibit B - 10/17/14 Letter to A. Schwentker, #3 Exhibit C - Brlas Report)(Yanchar, Georgia) Modified text on 12/3/2014 (H,KR).
November 25, 2014 Filing 313 Non-Appeal Transcript Order Form for proceedings held on 11/13/2014 before Judge Lioi, re Markman Hearing,,. Court Reporter: Mahnke. Requested completion date: 12/24/2014 filed by 01 Communique Laboratory, Inc.. (Shunk, Thomas)
November 21, 2014 Filing 312 Marginal Order approving Defendants Citrix's withdrawal of their Motion to Compel. (Related documents #310 , #304 , #311 ). Magistrate Judge Kathleen B. Burke on 11/21/2014. (P,G)
November 21, 2014 Filing 311 Defendants Citrix's Withdrawal of Their Motion to Compel [Doc. 304] Pursuant to Court's Order dated November 20, 2014 [Doc. 310] filed by Citrix Online, LLC, Citrix Systems, Inc.. Related document(s) #310 , #304 .(Yanchar, Georgia)
November 20, 2014 Opinion or Order Filing 310 Order regarding discovery disputes (Doc. Nos. 301-306) and Doc. #309 ). In accordance with the agreement reached by the parties, Defendants shall withdraw their Motion to Compel on or before noon on November 21, 2014. If not withdrawn on or before noon on November 21, 2014, Defendants' Motion to Compel will be DENIED as MOOT. Plaintiff's Motion (Doc. #301 ) is GRANTED in part and DENIED in part. Attorneys are cautioned not to rely on the docket entry only. Read the attached Order for additional information and requirements. Magistrate Judge Kathleen B. Burke on 11/20/2014. (D,I)
November 18, 2014 Filing 309 Joint Status Report Regarding Discovery Disputes filed by 01 Communique Laboratory, Inc.. (Attachments: #1 Exhibit A - Nov. 17, 2014 Moser Email, #2 Exhibit B - Nov. 17, 2014 Schwentker Email, #3 Exhibit C - Nov. 18, 2014 Schwentker Email)Related document(s) #307 .(Moser, Christina)
November 17, 2014 Filing 308 Answer to Plaintiff's Third Amended Complaint and Demand for Jury Trial, Affirmative Defenses and Counterclaims, Counterclaim against 01 Communique Laboratory, Inc. filed by Citrix Systems, Inc., Citrix Online, LLC. Related document(s) #294 . (Yanchar, Georgia)
November 14, 2014 Opinion or Order Order [non-document]: The Court having been advised of the parties' request for an extension of the November 14, 2014, deadline to meet and confer, the Court hereby extends the deadline to meet and confer through November 17, 2014. The parties shall file their joint status report on or before 12:00 p.m. on November 18, 2014. Magistrate Judge Kathleen B. Burke on 11/14/2014. (D,I)
November 13, 2014 Minutes of proceedings [non-document] before Judge Sara Lioi. Markman claims construction hearing held before Judge Sara Lioi on November 13, 2014. Attorneys Thomas Shunk, Charles Carson, Kenneth Sheehan, and Daniel Goettle were present for plaintiff. Plaintiff party representatives Andrew Cheung and Brian Stringer, and plaintiff's expert, Dr. Gregory Ganger, were also present. Attorneys Ruffin Cordell, Indranil Mukarji, Stephen Marshall, and Georgia Yanchar were present for defendants. Defendants' party representative Robert Feldman was also present. (Court Reporter: Caroline Mahnke.) (Time: 7.25 hours.) (P,J)
November 13, 2014 Opinion or Order Filing 307 Order regarding outstanding discovery disputes (Doc. Nos. 301-306). On or before 3:00 p.m. on November 14, 2014, the parties, through counsel, shall meet and confer, in person or via telephone, in a further attempt to resolve their discovery disputes and/or narrow the issues for the Courts review. Also, on or before 3:00 p.m. on November 14, 2014, the parties shall file a joint status report setting forth the results of their further meet and confer. If the parties have not resolved the entirety of their discovery disputes, in their joint status report, the parties shall indicate: (1) what if any issues the parties were able to narrow; and (2) what efforts were made to resolve their discovery disputes and why those efforts were unsuccessful. Magistrate Judge Kathleen B. Burke on 11/13/2014. (D,I)
November 12, 2014 Minutes of proceedings [non-document] before Judge Sara Lioi. On November 12, 2014, the parties conducted an informal technology tutorial before the Court regarding the patent at issue. Attorneys Thomas Shunk, Charles Carson, Kenneth Sheehan, and Daniel Goettle were present for plaintiff. Plaintiff party representatives Andrew Cheung and Brian Stringer, and plaintiff's expert, Dr. Gregory Ganger, were also present. Attorneys Ruffin Cordell, Indranil Mukarji, Stephen Marshall, and Georgia Yanchar were present for defendants. Defendants' party representative Robert Feldman, and defendants' expert Dr. Azer Bestavros, were also present. (Court Reporter: None.) (Time: 3.5 hours.) (P,J)
November 11, 2014 Filing 306 SEALED Document:Exhibit H to Memo in Support of Defendants' Motion to Compel Responses to Defendants' Requests for Admission filed by Citrix Online, LLC, Citrix Systems, Inc.. Related document(s) #28 , #304 . (Yanchar, Georgia)
November 11, 2014 Filing 305 SEALED Document:Memorandum in Support of Defendants Motion to Compel Responses to Defendants' Requests for Admission Improperly Denied by Plaintiff filed by Citrix Online, LLC, Citrix Systems, Inc.. Related document(s) #28 , #304 . (Yanchar, Georgia)
November 10, 2014 Filing 304 Withdrawn per Order #312 . Motion to compel responses to Defendants' requests for admission improperly denied by Plaintiff filed by Citrix Online, LLC, Citrix Systems, Inc.. (Attachments: #1 Brief in Support filed under seal, #2 Exhibit A - 10/1/2014 Citrix 4th Set of Requests for Admission, #3 Exhibit B - 10/31/2014 01 Responses to Citrix's 4th Set of Requests for Admission, #4 Exhibit C - 11/10/2014 letter from Moser to Schwentker, #5 Exhibit D - US Patent No. 6,928,479, #6 Exhibit E - PL00044131, #7 Exhibit F - LogMeIn Jury Verdict, #8 Exhibit G - LogMeIn Judgment, #9 Exhibit H - filed under seal)(Yanchar, Georgia) Modified text on 11/12/2014 (H,KR). Modified on 11/21/2014 to note withdrawn (P,G).
November 10, 2014 Filing 303 Letter to Magistrate Judge Burke regarding Requests for Admissions filed by Citrix Online, LLC, Citrix Systems, Inc.. (Yanchar, Georgia) Modified text on 11/12/2014 (H,KR).
November 10, 2014 Filing 302 Declaration of Stephen Marshall in Compliance with Local Rule 37.1(a)(1) filed by Citrix Online, LLC, Citrix Systems, Inc.. (Yanchar, Georgia) Modified text on 11/12/2014 (H,KR).
November 10, 2014 Filing 301 SEALED Letter Regarding Discovery Dispute filed by Plaintiff 01 Communique Laboratory, Inc.. Related document(s) #28 . (Attachments: #1 Exhibit A - RFPs, #2 Exhibit B - 30(b)(6) Ntc, #3 Exhibit C - Raney Deposition, #4 Exhibit D - Szerwo Deposition, #5 Exhibit E - Musson Deposition, #6 Exhibit F - Muenke Deposition)(Moser, Christina) Modified text on 11/12/2014 (H,KR)
November 10, 2014 Filing 300 Claim Construction Chart with Additional Column filed by Citrix Online, LLC, Citrix Systems, Inc.. (Attachments: #1 Exhibit B - Supplemental Claim Chart)Related document(s) #295 .(Yanchar, Georgia) Modified text on 11/12/2014 (H,KR).
November 10, 2014 Filing 299 Notice of Supplemental Claim Chart filed by 01 Communique Laboratory, Inc.. (Attachments: #1 Exhibit A - Supplemental Claim Chart)Related document(s) #295 .(Carson, Charles)
November 7, 2014 Opinion or Order Order [non-document]: The parties have timely filed their joint claims construction and pre-hearing statement in preparation for the claims construction hearing scheduled for November 13, 2014. (Doc. No. #295 .) The joint statement contains a chart for each side that sets forth plaintiff's and defendants' proposed construction for each term at issue, as well as citations to the extrinsic and intrinsic evidence that each side believes supports their construction. (Doc. No. 295-1 and 295-2.) By no later than 2:00 PM on Monday, November 10, 2014, the parties are directed to re-file their respective charts with an additional column entitled: "Location of supporting argument in brief(s)." That column should contain, for each item of extrinsic and intrinsic cited, the specific location in the brief(s) (docket number and page number) wherein the explanation/argument is contained as to why the cited evidence supports the construction proposed by the party. Judge Sara Lioi on 11/7/2014. (P,J)
November 4, 2014 Filing 298 SEALED Document: Exhinti B-3 to #295 Claim Construction and Prehearing Statement (Gateway Server Document) filed by All Defendants. Related document(s) #28 . (Yanchar, Georgia) Modified text on 11/6/2014 (S,HR).
November 4, 2014 Filing 297 SEALED Document: Exhibit B -2 to #295 Claim Construction and Prehearing Statement (Rough Transcript) filed by All Defendants. Related document(s) #28 . (Yanchar, Georgia) Modified text on 11/6/2014 (S,HR).
November 4, 2014 Filing 296 SEALED Document: Exhibit B-1 to #295 Claim Construction and Prehearing Statement (Cheung Transcript) filed by All Defendants. Related document(s) #28 . (Yanchar, Georgia) Modified text on 11/6/2014 (S,HR).
November 4, 2014 Filing 295 Joint Claim Construction and Prehearing Statement filed by All Defendants. (Attachments: #1 Exhibit A- Plaintiff's Proposed Constructions, #2 Exhibit B - Defendants' Proposed Constructions, #3 Exhibit B-1 - Filed Under Seal, #4 Exhibit B-2 Filed Under Seal, #5 Exhibit B-3 Filed Under Seal)(Yanchar, Georgia) Modified text on 11/6/2014 (S,HR).
October 29, 2014 Filing 294 Third Amended complaint and demand for jury trial against Citrix Online, LLC, Citrix Systems, Inc.. Filed by 01 Communique Laboratory, Inc.. (Attachments: #1 Exhibit A - U.S. Patent No. 6,928,479 B1) (Shunk, Thomas)
October 28, 2014 Opinion or Order Order [non-document] granting plaintiff's motion to amend the second amended complaint (Doc. No. #292 ) and the parties' joint motion to extend the deadline for Joint Submissions from October 28, 2014 to November 4, 2014 (Doc. No. #293 ). All other dates and deadlines in the Second Amended Case Management Plan (Doc. No. #288 ) remain unchanged and in effect. Plaintiff is directed to forthwith file a clean copy of the third amended complaint attached to the motion to amend as Doc. No. #292 -1. Judge Sara Lioi on 10/28/2014. (S,He)
October 27, 2014 Filing 293 Joint Motion to amend the Case Management Plan until 11/4/2014 filed by Citrix Online, LLC, Citrix Systems, Inc.. Related document(s) #288 . (Yanchar, Georgia) Modified text on 10/28/2014 (H,KR).
October 27, 2014 Filing 292 Agreed Motion to amend the #271 Second Amended Complaint filed by Plaintiff 01 Communique Laboratory, Inc. Related document (Attachments: #1 Complaint Proposed Amended Complaint)(Shunk, Thomas) Modified on 10/28/2014 (H,KR).
October 22, 2014 Opinion or Order Order [non-document] granting motion for appearance pro hac vice by attorney Daniel J. Goettle for plaintiff. Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms. (Related Doc #291 ). Judge Sara Lioi on 10/22/2014.(P,J)
October 21, 2014 Filing 291 Motion for attorney Daniel Goettle to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-6789776, filed by Plaintiff 01 Communique Laboratory, Inc.. (Attachments: #1 Exhibit A - Declaration of Daniel Goettle)(Moser, Christina)
October 8, 2014 Filing 290 Rebuttal Supplemental Claim Construction Brief filed by 01 Communique Laboratory, Inc. Related document #281 . (Attachments: #1 Exhibit G - 2003 Amendment, #2 Exhibit H - Dr. Ganger Trial Testimony, #3 Exhibit I - Dr. Grimshaw Trial Testimony, #4 Exhibit J - PTAB Oral Hearing May 8, 2013)(Shunk, Thomas) Modified text on 10/9/2014 (S,He).
October 8, 2014 Filing 289 Rebuttal Claim Construction Brief filed by Citrix Online, LLC, Citrix Systems, Inc. Related document #282 . (Attachments: #1 Exhibit A - Plaintiff's Responses to Defendants' First Set of Interrogatories, #2 Exhibit B - Plaintiff's Supplemental Interrogatory Responses) (Yanchar, Georgia) Modified text on 10/9/2014 (S,He).
September 8, 2014 Filing 288 Second Amended Case Management Plan: Having granted defendants' unopposed motion to further amend the dates and deadlines established in the Court's Corrected Amended Case Management Plan (Doc. No. #278 ), the case management plan is revised as follows: Rebuttal Briefs--October 8, 2014; Joint Submissions--October 28, 2014; Claim Construction Tutorial--November 12, 2014 at 1:00 PM; Claim Construction Hearing--November 13, 2014 at 8:30 AM; Close of Fact Discovery--October 31, 2014; Opening Expert Reports--November 25, 2014; Rebuttal Expert Reports--December 23, 2014; Close of Expert Discovery--January 16, 2015; Proposed Scheduling Conference regarding filing and/or reviewing dispositive motions, trial preparation, and trial--To be determined. Dates and deadlines for events in the Court's Corrected Amended Case Management Plan that already have been completed are not included herein. Judge Sara Lioi on 9/8/2014. (P,J)
September 8, 2014 Opinion or Order Order [non-document]: Defendants' unopposed motion for an extension of the claim construction hearing date and other deadlines (Doc. No. #287 ) is granted. A Second Amended Case Management Plan will be separately published. Judge Sara Lioi on 9/8/2014.(P,J)
September 5, 2014 Filing 287 Unopposed Motion to amend the case management plan to reschedule the claim construction hearing and continue other deadlines filed by Citrix Online, LLC, Citrix Systems, Inc.. Related document(s) #250 , #278 . (Yanchar, Georgia) Modified text on 9/8/2014 (P, S).
September 4, 2014 Filing 286 Corporate Disclosure Statement filed by Citrix Online, LLC identifying affiliate Citrix Systems, Inc. (Yanchar, Georgia) Modified text and added affiliate on 9/8/2014 (P, S).
September 4, 2014 Filing 285 Corporate Disclosure Statement filed by Citrix Systems, Inc.. (Yanchar, Georgia)
August 13, 2014 Filing 284 SEALED Document:Exhibit 22 to Citrix's Opening Claim Construction Brief filed by Citrix Online, LLC, Citrix Systems, Inc.. Related document(s) #28 , #282 . (Yanchar, Georgia)
August 13, 2014 Filing 283 SEALED Document:Exhibit 19 to Citrix's Opening Claim Construction Brief filed by Citrix Online, LLC, Citrix Systems, Inc.. Related document(s) #28 , #282 . (Yanchar, Georgia)
August 13, 2014 Filing 282 Opening claim construction brief filed by Citrix Online, LLC, Citrix Systems, Inc.. (Attachments: #1 Exhibit Georgia Yanchar Declaration, #2 Exhibit 1 - 12/7/2007 Reexam Request, #3 Exhibit 2 - 3/4/2008 Order granting reexam, #4 Exhibit 3 - 6/16/2008 Office Action, #5 Exhibit 4 - 9/3/2008 Response to Office Action, #6 Exhibit 5 - 8/19/2009 Action Closing Prosecution, #7 Exhibit 6 - 9/19/2009 Response to ACP, #8 Exhibit 7- 9/19/2009 Second Ganger Declaration, #9 Exhibit 8 - 7/6/2010 Right of Appeal Notice, #10 Exhibit 9 - 9/8/2010 D01 Cpt for Patent Infringement, #11 Exhibit 10 - Excerpts from Ganger Trial Testimony, #12 Exhibit 11 - 7/25/2014 letter, #13 Exhibit 12 - 12/20/2013 Response and Reply Brief of Pl-App, #14 Exhibit 13 - US Pat 6,928,479, #15 Exhibit 14 - BPAI Brief, #16 Exhibit 15 - 6/9/2004 Response, #17 Exhibit 16 - 11/18/2004 Amendment, #18 Exhibit 17 - 9/3/2008 First Ganger Declaration, #19 Exhibit 18 - 11/7/2013 LogMeIn's Opening Brief, #20 Exhibit 19 - FILED UNDER SEAL, #21 Exhibit 20 - 6/6/2014 email, #22 Exhibit 21 - 8/18/2004 Office Action, #23 Exhibit 22 - FILED UNDER SEAL, #24 Exhibit 23 - 479 highlighted claim 24)(Yanchar, Georgia) Modified text on 8/14/2014 (H,KR).
August 13, 2014 Filing 281 Opening supplemental claim construction brief filed by 01 Communique Laboratory, Inc.. (Attachments: #1 Exhibit A - Claim Comparison Chart, #2 Exhibit B - 2007 Markman Order, #3 Exhibit C - 2012 Federal Circuit Order, #4 Exhibit D - US Patent No. 6928479, #5 Exhibit E - Dictionary Definitions, #6 Exhibit F - Second Declaration of Dr. Ganger)(Sheehan, Kenneth) Modified text on 8/14/2014 (H,KR).
July 21, 2014 Filing 280 Reply to Counterclaims filed by 01 Communique Laboratory, Inc.. Related document(s) #279 . (Sheehan, Kenneth)
June 26, 2014 Filing 279 Answer to #271 Second Amended complaint and demand for jury trial, affirmative defenses and Counterclaims against 01 Communique Laboratory, Inc. filed by Citrix Systems, Inc., Citrix Online, LLC. (Yanchar, Georgia) Modified text on 6/27/2014 (H,KR).
June 26, 2014 Filing 278 Corrected Amended Case Management Plan: The Court adopts the following dates and deadlines in this action: Parties update document productions and source code production--Completed; Parties update written discovery responses--Completed; Parties identify to one another claim construction issues, e.g., claim terms they contend the court should address--Completed; Parties exchange proposed claim constructions--Completed; Plaintiff updates contentions regarding infringement; Defendants update contentions regarding invalidity--Completed; Deadline for parties to meet and confer regarding claim construction issues--Completed; Defendants provide GoToMeeting source code and technical documents--7/25/2014; Opening claim construction briefs--8/13/2014; Rebuttal claim construction briefs--9/10/2014; Joint Claim Construction and Prehearing Statement--9/30/2014; Claim Construction Tutorial--10/15/2014 at 1:30 PM; Claim Construction Hearing--10/16/2014 at 9:00 AM; Parties complete all fact discovery --10/31/2014; Parties exchange expert reports on issues for which they bear the burden--11/14/2014; Parties exchange response expert reports--12/12/2014; Parties complete expert discovery--1/9/2015; Proposed Scheduling Conference regarding filing and/or renewing dispositive motions, trial preparation, and trial--To be Determined. Judge Sara Lioi on 6/26/2014. (Related Doc #277 ). (P,J)
June 23, 2014 Filing 277 Amended Case Management Plan: The Court adopts the following dates and deadlines in this action: Parties update document productions and source code production--Completed; Parties update written discovery responses--Completed; Parties identify to one another claim construction issues, e.g., claim terms they contend the court should address--Completed; Parties exchange proposed claim constructions--Completed; Plaintiff updates contentions regarding infringement; Defendants update contentions regarding invalidity--Completed; Deadline for parties to meet and confer regarding claim construction issues--Completed; Defendants provide GoToMeeting source code and technical documents--7/25/2014; Opening claim construction briefs--8/13/2014; Rebuttal claim construction briefs--9/10/2014; Joint Claim Construction and Prehearing Statement--9/30/2014; Claim Construction Tutorial--10/15/2014 at 1:30 PM; Claim Construction Hearing--10/16/2014 at 9:00 AM; Parties complete updated fact discovery--10/31/2014; Parties exchange expert reports on issues for which they bear the burden--11/14/2014; Parties exchange response expert reports--12/12/2014; Parties complete expert discovery--1/9/2015; Parties complete fact discovery regarding GoToMeeting and on any patents asserted by defendants--2/12/2015; Proposed Scheduling Conference regarding filing and/or renewing dispositive motions, trial preparation, and trial--To be Determined. Judge Sara Lioi on 6/23/2014. (P,J)
June 23, 2014 Minutes of proceedings [non-document] before Judge Sara Lioi. On June 23, 2014, upon the request of counsel, the Court conducted a status conference regarding the impact of Plaintiff's Second Amended complaint on the case management plan published February 28, 2014. Plaintiff's Second Amended Complaint, filed with leave of Court on June 6, 2014, added defendant Citrix's "GoToMeeting" as an additional product that plaintiff alleges violates U.S. Patent No. 6,928,479. Attorneys Thomas Shunk, Kenneth Sheehan, and Christina Moser were present as counsel for plaintiff. Attorneys Ruffin Cordell, Indranil Mukerji, and John Cipolla were present as counsel for defendants. After discussing proposed revisions to the case management plan filed by both plaintiff and defendants in advance of the status conference, the parties agreed to the Court's revised case management plan, published contemporaneously herewith. Additionally, the Court indicated to the parties that it was inclined to only permit claims addressing the current patent at issue, and to prohibit expansion of this case to different patents and technologies, particularly in light of the age of this case and the fact that defendants have filed a new case in California that can be used to address the different patents and technologies defendants now wish to address. If desired, however, the parties may brief the issue for the Court's further consideration. (Court Reporter: None.) (Time: 1 hour.) (P,J)
June 20, 2014 Filing 276 Citrix's Proposed Amended Schedule filed by Citrix Online, LLC, Citrix Systems, Inc.. (Yanchar, Georgia)
June 20, 2014 Filing 275 Status Report regarding Proposed Amended Schedule filed by 01 Communique Laboratory, Inc.. (Moser, Christina) Modified text on 6/23/2014 (H,KR).
June 20, 2014 Opinion or Order Order [non-document] granting #274 unopposed motion by defendants for extension of time until June 26, 2014 to respond to plaintiff's second amended complaint. Judge Sara Lioi on 6/20/2014.(P,J)
June 19, 2014 Filing 274 Unopposed Motion for extension of time until June 26, 2014 to answer and/or Otherwise Respond to Plaintiff's Second Amended Complaint filed by Citrix Online, LLC, Citrix Systems, Inc.. Related document(s) #271 . (Yanchar, Georgia) Modified text on 6/20/2014 (H,KR).
June 19, 2014 Opinion or Order Order [non-document]: In preparation for the status conference scheduled for June 23, 2014, counsel shall, by June 20, 2014, file for the Court's consideration any proposed amended dates and deadlines that should govern this case. Judge Sara Lioi on 6/19/2014. (P,J)
June 18, 2014 Filing 273 IMPORTANT: Notice of Status Conference, with counsel only, set for 6/23/2014 at 10:00 AM in Chambers 526, U.S. District Court, Akron, before Judge Sara Lioi. (P,J)
June 17, 2014 Filing 272 Letter to Judge Lioi filed by Citrix Online, LLC, Citrix Systems, Inc.. (Yanchar, Georgia) Modified to add that document contains wrong s/ on 6/18/2014 (H,KR).
June 6, 2014 Filing 271 Second Amended Complaint with jury demand against Citrix Online, LLC, Citrix Systems, Inc.. Filed by 01 Communique Laboratory, Inc.. (Attachments: #1 Exhibit A - Patent) (Yashar, Shawnna) Modified text on 6/9/2014 and advised attorney that all future documents need to be text searchable (H,KR).
June 3, 2014 Filing 270 Opinion and Order: The magistrate judge's March 19, 2014 discovery order (Doc. No. #257 ) is affirmed, and plaintiff's alternative motion to amend its complaint (Doc. No. #261 ) is granted. Plaintiff shall have seven business days from the date of this Opinion and Order to file a Second Amended Complaint consistent with its proposed draft amendment. (See Doc. No. #260 -10.) Judge Sara Lioi on 6/3/2014. (P,J)
May 30, 2014 Filing 269 Letter to Judge Lioi filed by Citrix Online, LLC, Citrix Systems, Inc.. (Attachments: #1 Exhibit Complaint filed in California with exhibits)(Yanchar, Georgia)
May 1, 2014 Filing 268 Reply Memorandum in Support of #260 Objection (Appeal of Magistrate Judge's Order of March 19, 2014 and, in the Alternative, #261 Motion for leave to Amend First Amended Complant and Infringement Contentions filed by 01 Communique Laboratory, Inc. (Attachments: #1 Exhibit 1 - Defendants' Objections and Responses to Plaintiff's First Set of Interrogatories, #2 Exhibit 2 - GoToMyPC White Paper, #3 Exhibit 3 - May 31, 2006 Letter, #4 Exhibit 4 - August 2, 2006 Letter, #5 Exhibit 5 - August 22, 2006 Letter, #6 Exhibit 6 - September 12, 2006 Letter, #7 Exhibit 7 - May 1, 2007 Letter, #8 Exhibit Declaration of Shawnna Yashar, #9 Exhibit A to Declaration of Shawnna Yashar, GoToMeeting Wikipedia page, September 6, 2007, #10 Exhibit B to Declaration of Shawnna Yashar, GoToMeeting Wikipedia Page, #11 Exhibit C to Declaration of Shawnna Yashar, GoToMeeting Product Comparison)(Sheehan, Kenneth) Modified text on 5/2/2014 (R,Sh).
April 21, 2014 Filing 267 Opposition to Plaintiff's Appeal of the Magistrate Judge's Order of March 19, 2014 and Motion for leave to Amend First Amended Complant and Infringement Contentions filed by Citrix Online, LLC, Citrix Systems, Inc. Related documents #260 , #261 (Attachments: #1 Exhibit A - original complaint, #2 Exhibit B - amended complaint, #3 Exhibit C - 01's Pretrial Brief, #4 Exhibit D - Plaintiff's First Set of RFP, #5 Exhibit E - Letter from Kwok to Meunier, #6 Exhibit F - 1/30 01's email re proposed schedule, #7 Exhibit G - 2/7 Citrix email re proposed schedule, #8 Exhibit H - 2/11 01's email re proposed schedule, #9 Exhibit I - 2/11 01's proposed schedule, #10 Exhibit J - 2/14/ Citrix email re proposed schedule, #11 Exhibit K - 2/20/2014 Joint Proposed Schedule, #12 Exhibit L - 2/28 Minute Order, #13 Exhibit M - 1/29/2014 hearing transcript, #14 Exhibit N - Plaintiff's Response to Defendants' First Set of Interrogatories, #15 Exhibit O - Plaintiff's Supplemental Responses to Interrogatories, #16 Exhibit P - Bednarz Declaration, #17 Exhibit Bednarz 1 - GTM Features (2006), #18 Exhibit Bednarz 2 - GTM Features (2005), #19 Exhibit Bednarz 3 GTM Features (2004), #20 Exhibit Bednarz 4 - GTM Product Overview, #21 Exhibit Bednarz 5 - GTM Corporate Product Overview, #22 Exhibit Bednarz 6 - GTM Corporate Product Overview, #23 Exhibit Bednarz 7 - Corporate Product Overview, #24 Exhibit Bednarz 8 - GTM Fact Sheet, #25 Exhibit Bednarz 9 - GTM Security White Paper, #26 Exhibit Bednarz 10 - GTM Security Supplement, #27 Exhibit Bednarz 11 - GTM User Guide, #28 Exhibit Bednarz 12 - GTM Pricing Comparison, #29 Exhibit Bednarz 13 - Flash Animation, #30 Exhibit Bednarz 14 - GTM - PC magazine review, #31 Exhibit Bednarz 15 - GTM - 2005 Frost Sullivan Award, #32 Exhibit Bednarz 16 - GTM FAQ (2), #33 Exhibit Bednarz 17 - GTM Overview, #34 Exhibit Bednarz 18 - GTM Purchasing, #35 Exhibit Bednarz 19 - GTM Getting Started, #36 Exhibit Bednarz 20 - GTM Using, #37 Exhibit Bednarz 21 - GTM Security, #38 Exhibit Bednarz 22 - GTM Billing Questions, #39 Exhibit Bednarz 23 - GTM Media Recording, #40 Exhibit Bednarz 24 - GTM Corporate FAQ, #41 Exhibit Bednarz 25 - GTM Corporate Overview, #42 Exhibit Bednarz 26 - GTM Corporate Purchasing, #43 Exhibit Bednarz 27 - GTM Corporate Getting Started, #44 Exhibit Bednarz 28 - GTM Corporate Using, #45 Exhibit Bednarz 29 - GTM Corporate Security, #46 Exhibit Bednarz 30 - GTM Corporate Recording, #47 Exhibit Bednarz 31 - GTM FAQs, #48 Exhibit Q - Frost Sullivan Growth Award)(Yanchar, Georgia) Modified text on 4/23/2014 (R,Sh).
April 18, 2014 Opinion or Order Order [non-document] granting motion for appearance pro hac vice by attorney Stephen A. Marshall for defendants Citrix Online, LLC and Citrix Systems, Inc. Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms. (Related Doc #266 ). Judge Sara Lioi on 4/18/2014.(P,J)
April 17, 2014 Filing 266 Motion for attorney Stephen Marshall to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-6502279, filed by Citrix Online, LLC, Citrix Systems, Inc.. (Attachments: #1 Affidavit of Stephen Marshall)(Yanchar, Georgia)
April 14, 2014 Opinion or Order Order [non-document] granting motion for appearance pro hac vice by attorney Karolina Jesien for defendants Citrix Systems, Inc. and Citrix Online, LLC. Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms. (Related Doc #262 ). Judge Sara Lioi on 4/14/2014.(P,J)
April 14, 2014 Opinion or Order Order [non-document] granting motion for appearance pro hac vice by attorney Ruffin B. Cordell for defendants Citrix Systems, Inc. and Citrix Online, LLC. Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms. (Related Doc #263 ). Judge Sara Lioi on 4/14/2014.(P,J)
April 14, 2014 Opinion or Order Order [non-document] granting motion for appearance pro hac vice by attorney R. Andrew Schwentker for defendants Citrix Systems, Inc. and Citrix Online, LLC. Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms. (Related Doc #265 ). Judge Sara Lioi on 4/14/2014.(P,J)
April 14, 2014 Opinion or Order Order [non-document] granting motion for appearance pro hac vice by attorney Indranil Mukerji for defendants Citrix Systems, Inc. and Citrix Online, LLC. Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms. (Related Doc #264 ). Judge Sara Lioi on 4/14/2014.(P,J)
April 11, 2014 Filing 265 Motion for attorney R. Andrew Schwentker to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-6493168, filed by Citrix Online, LLC, Citrix Systems, Inc.. (Attachments: #1 Affidavit of R. Andrew Schwentker)(Yanchar, Georgia)
April 11, 2014 Filing 264 Motion for attorney Indranil Mukerji to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-6493161, filed by Citrix Online, LLC, Citrix Systems, Inc.. (Attachments: #1 Affidavit of Indranil Mukerji)(Yanchar, Georgia)
April 11, 2014 Filing 263 Motion for attorney Ruffin Cordell to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-6493153, filed by Citrix Online, LLC, Citrix Systems, Inc.. (Attachments: #1 Affidavit of Ruffin Cordell)(Yanchar, Georgia)
April 11, 2014 Filing 262 Motion for attorney Karolina Jesien to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-6493143, filed by Citrix Online, LLC, Citrix Systems, Inc.. (Attachments: #1 Affidavit of Karolina Jesien)(Yanchar, Georgia)
April 2, 2014 Filing 261 Motion for leave to Amend First Amended Complant and Infringement Contentions filed by Plaintiff 01 Communique Laboratory, Inc.. Related document(s) #260 . (Sheehan, Kenneth)
April 2, 2014 Filing 260 Objection (Plaintiff's Appeal of) Magistrate Judge's Order of March 19, 2014, and, in the alternative, Memorandum in Support of Motion for Leave to Amend the Complaint filed by 01 Communique Laboratory, Inc.. Related document(s) #257 . (Attachments: #1 Exhibit A - Citrix's Response to First Set of Interrogatories, #2 Exhibit B - Citrix's Response to First Set of Requests for Production of Documents, #3 Exhibit C - Letter from C. Moser to R. Blasi, #4 Exhibit D - Letter from C. Moser to W. Meunier, #5 Exhibit E - Letter from W. Bergmann to W. Meunier, #6 Exhibit F - Letter from T. Shunk to Judge Aldrich, #7 Exhibit G - Response to Office Action, #8 Exhibit H - Letter from D. Kline to Judge Lioi, #9 Exhibit I - Email from T. Shunk to D. Kline, #10 Exhibit J - Proposed Second Amended Complaint) (Sheehan, Kenneth) Modified text on 4/3/2014 (R,Sh).
March 31, 2014 Filing 259 Second Joint Status Report Regarding Source Code Production filed by 01 Communique Laboratory, Inc. (Carson, Charles) Modified text on 4/1/2014 (R,Sh).
March 20, 2014 Filing 258 Joint Status Report Regarding Source Code Production filed by 01 Communique Laboratory, Inc.. (Carson, Charles)
March 19, 2014 Filing 257 Minutes of Proceedings and Order: On March 19, 2014, a telephone conference was conducted regarding a discovery dispute involving the production of source code information. Plaintiff's request that Defendant be required to produce the source code for GoToMeeting pursuant to the February 28, 2014, Case Management Plan is DENIED. With respect to the method of production of the source code for GoToMyPC, the parties are hereby ORDERED to meet and confer and agree as to how the problems that Plaintiff previously encountered with production of the source code through a dedicated server accessed via the internet will be addressed going forward. On March 20, 2014, the parties shall file a joint report setting forth the agreement that the parties have reached. Defendant shall produce the updated source code information for GoToMyPC on or before March 21, 2014. The parties shall have a follow up meet and confer on March 28, 2014. On or before March 31, 2014, the parties shall file a joint report with respect to the March 28, 2014, meet and confer. Time: 30 minutes. See Order for details. Magistrate Judge Kathleen B. Burke on 3/19/2014. (P,G)
March 18, 2014 IMPORTANT: Notice [non-document] of Telephone Conference set for 3/19/2014 at 2:00 PM before Magistrate Judge Kathleen B. Burke. The telephone conference shall be initiated by counsel for Plaintiff. After all counsel are on the line, counsel for Plaintiff is to place the call to the Chambers of Magistrate Judge Kathleen B. Burke at (330) 252-6170. (D,I)
March 14, 2014 Opinion or Order Filing 256 Order referring case to Magistrate Judge Kathleen B. Burke for general pretrial supervision, which shall include the resolution of any and all discovery disputes. This referral does not include the preparation of reports and recommendation on dispositive motions. Judge Sara Lioi on 3/14/2014. (P,J)
March 14, 2014 Minutes of proceedings [non-document] before Judge Sara Lioi. On March 14, 2014, the Court conducted a telephonic status conference with counsel to discuss a discovery dispute involving the production of source code. Attorneys Kenneth Sheehan, Christina Moser, Charles Carson, and Shawnna Yashar participated on behalf of plaintiff, and attorneys Douglas Kline, Michael Strapp, and Georgia Yanchar participated, representing defendants. The Court shall refer this matter to Magistrate Judge Burke for resolution of this discovery dispute and for general pretrial supervision. (Court Reporter: None.) (Time: 10 minutes.) (P,J)
March 12, 2014 Filing 255 Letter regarding Plaintiff's Requests filed by All Defendants. Related document(s) #254 . (Attachments: #1 Exhibit A - Transcript, #2 Exhibit B - Complaint, #3 Exhibit C - Amended Complaint, #4 Exhibit D - Interrogatory Responses, #5 Exhibit E - Supplemental Responses, #6 Exhibit F - Requests for Production, #7 Exhibit G - Pretrial Brief, #8 Exhibit H - 1/19/14 Order, #9 Exhibit I - 1/30/14 01 Email, #10 Exhibit J - 2/7/14 Email, #11 Exhibit K-1 2/11/14 Email, #12 Exhibit K- 2 - 2/11/14 Proposed Schedule, #13 Exhibit L - 2/14/14 Proposed Schedule, #14 Exhibit M - Joint Proposed Schedule, #15 Exhibit N - 3/7/14 Letter, #16 Exhibit O - 2/28/14 Order, #17 Exhibit P - Order Re Source Code, #18 Exhibit Q - 8/22/06 01 Letter, #19 Exhibit R - 8/24/06 Citrix Letter)(Yanchar, Georgia) Modified to indicate s/ on document is Douglas J. Kline and to indicate what letter is in reference to on 3/13/2014 (R,Sh).
March 10, 2014 Opinion or Order Order [non-document] granting motion for appearance pro hac vice by attorney Charles C. Carson for plaintiff. Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms. (Related Doc #251 ). Judge Sara Lioi on 3/10/2014.(P,J)
March 10, 2014 Opinion or Order Order [non-document] granting motion for appearance pro hac vice by attorney Shawnna M. Yashar for plaintiff. Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms. (Related Doc #252 ). Judge Sara Lioi on 3/10/2014.(P,J)
March 10, 2014 Opinion or Order Order [non-document] granting motion for appearance pro hac vice by attorney Nilesh B. Khatri for plaintiff. Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms. (Related Doc #253 ). Judge Sara Lioi on 3/10/2014.(P,J)
March 7, 2014 Opinion or Order Order [non-document]: The Court has received a letter from plaintiff's counsel regarding a discovery dispute. (See Doc. No. #254 .) Defendant shall have leave until March 12, 2014 to file a response. The Court schedules this matter for a telephonic status conference, with counsel only, to discuss the discovery dispute at 10:00 AM on March 14, 2014. Prior to the conference, counsel will receive call-in instructions. Judge Sara Lioi on 3/7/2014. (S,He)
March 6, 2014 Filing 254 Letter Regarding Discovery Disputes filed by 01 Communique Laboratory, Inc.. (Attachments: #1 Exhibit A - Amendment In Reexamination, #2 Exhibit B - Shunk Email, #3 Exhibit C - Strapp Email, #4 Exhibit D - Sheehan Letter)(Moser, Christina)
March 6, 2014 Filing 253 Motion for attorney Nilesh Khatri to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-6436442, filed by Counter-Defendant 01 Communique Laboratory, Inc., Plaintiff 01 Communique Laboratory, Inc.. (Attachments: #1 Affidavit of Nilesh Khatri)(Moser, Christina) Modified text on 3/6/2014 (G,CA).
March 6, 2014 Filing 252 Motion for attorney Shawnna M. Yashar to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-6436432, filed by Counter-Defendant 01 Communique Laboratory, Inc., Plaintiff 01 Communique Laboratory, Inc. (Attachments: #1 Affidavit of Shawnna M. Yashar)(Moser, Christina) Modified text on 3/6/2014 (G,CA).
March 6, 2014 Filing 251 Motion for attorney Charles C. Carson to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-6436375, filed by Counter-Defendant 01 Communique Laboratory, Inc., Plaintiff 01 Communique Laboratory, Inc. (Attachments: #1 Affidavit of Charles C. Carson)(Moser, Christina) Modified text on 3/6/2014 (G,CA).
March 3, 2014 Opinion or Order Order [non-document] granting motion for appearance pro hac vice by attorney Jennifer A. Albert for defendants. Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms. (Related Doc #249 ). Judge Sara Lioi on 3/3/2014.(P,J)
February 28, 2014 Filing 250 Case Management Plan. Parties update document production and source code production 03/21/2014; Parties update written discovery responses 05/01/2014; Parties identify to one another claim construction issues, e.g., claim terms they contend the court should address 05/23/2014; Parties exchange proposed claim constructions 06/06/2014; 01 updates contentions regarding infringement/Citrix updates contentions regarding invalidity 06/13/2014; Deadline for Parties to meet and confer regarding claim construction issues 06/20/2014; Opening claim construction briefs 07/11/2014; Parties complete updated fact discovery 08/01/2014; Rebuttal claim construction briefs 08/08/2014; Parties exchange expert reports on issues for which they bear the burden 08/15/2014; Joint Claim Construction and Prehearing Statement 08/28/2014; Parties exchange response expert reports 09/12/2014; Claim Construction Tutorial 09/25/2014 at 1:30 p.m.; Claim Construction Hearing 09/26/2014 at 9:00 a.m.; Parties complete expert discovery 10/03/2014; Proposed Scheduling Conference regarding filing and/or renewing dispositive motions, trial preparation, and trial to be set at a later date. Judge Sara Lioi on 2/28/2014. (P,J)
February 28, 2014 Filing 249 Motion for attorney Jennifer A. Albert to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-6428379, filed by Citrix Online, LLC, Citrix Systems, Inc.. (Attachments: #1 Affidavit of Jennifer A. Albert)(Yanchar, Georgia)
February 28, 2014 Opinion or Order Order [non-document] granting motion for appearance pro hac vice by attorney Timothy J. Rousseau for defendants Citrix Systems, Inc. and Citrix Online, LLC. Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms. (Related Doc #247 ). Judge Sara Lioi on 2/28/2014.(P,J)
February 28, 2014 Minutes of proceedings [non-document] before Judge Sara Lioi. On February 28, 2014, the Court conducted a telephonic status conference. Attorneys Kenneth Sheehan, Thomas Shunk, and Christina Moser participated on behalf of plaintiff, and attorneys Douglas Kline, Georgia Yanchar, and Michael Strapp participated, representing defendants. The Court advised counsel that it will adopt the dates and deadlines contained in the parties' joint proposed schedule. (See Doc. No. #244 .) In addition, the Court schedules this matter for a Markman hearing on claim construction, to take place on September 26, 2014 at 9:00 AM. Prior to the hearing, at 1:30 PM on September 25, 2014, the parties will present a short tutorial explaining the technology that is the subject of this litigation. (Court Reporter: None.)Time: 10 minutes. (P,J)
February 28, 2014 Opinion or Order Order [non-document] granting motion for appearance pro hac vice by attorney Michael G. Strapp for defendants Citrix Systems, Inc. and Citrix Online, LLC. Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms. (Related Doc #248 ). Judge Sara Lioi on 2/28/2014.(P,J)
February 27, 2014 Filing 248 Motion for attorney Michael G. Strapp to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-6426313, filed by Citrix Online, LLC, Citrix Systems, Inc.. (Attachments: #1 Affidavit of Michael G. Strapp)(Yanchar, Georgia)
February 27, 2014 Filing 247 Motion for attorney Timothy J. Rousseau to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-6426301, filed by Citrix Online, LLC, Citrix Systems, Inc.. (Attachments: #1 Affidavit of Timothy J. Rousseau)(Yanchar, Georgia)
February 27, 2014 Filing 246 Notice of Substitution of Counsel removing attorney Robert Blasi and David Goldstone and adding attorney Georgia K.E. Yanchar filed by on behalf of Citrix Online, LLC, Citrix Systems, Inc.. (Yanchar, Georgia)
February 27, 2014 Filing 245 Notice of Substitution of Counsel removing attorney and adding attorney Christina J. Moser filed by on behalf of 01 Communique Laboratory, Inc.. (Moser, Christina)
February 25, 2014 Opinion or Order Order [non-document]: For good cause shown, plaintiff's motion to lift the stay (Doc. No. #230 ) and motion to reopen the case (Doc. No. #236 ) are granted. This action shall be returned to the Court's active docket. The Court will conduct a telephonic status conference with counsel on February 28, 2014 at 2:00 PM to discuss the parties' joint proposed schedule. Prior to the conference, counsel shall receive instructions for using the Court's bridge line. Judge Sara Lioi on 2/25/2014. (P,J)
February 20, 2014 Filing 244 Joint Proposed Schedule filed by 01 Communique Laboratory, Inc. (Moser, Christina) Modified text for title on 2/21/2014 (R,Sh).
February 19, 2014 Filing 243 Transcript of Motion Hearing held on 1/29/14 before Judge Sara Lioi. To obtain a bound copy of this transcript please contact court reporter Lori A. Callahan at 330-252-6022. [53 pages] 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. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 2/26/2014. Redaction Request due 3/12/2014. Redacted Transcript Deadline set for 3/24/2014. Release of Transcript Restriction set for 5/20/2014. Related document(s) #242 . (C,L)
February 12, 2014 Filing 242 Expedited Non-Appeal Transcript Order Form for proceedings held on January 29, 2014 before Judge Judge Lioi, re Motion Hearing. Court Reporter: Lori Callahan. Requested completion date: February 19, 2014 filed by Citrix Online, LLC, Citrix Systems, Inc.. (Yanchar, Georgia) Modified text on 2/13/2014 (H,KR).
January 29, 2014 Random Re-Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Kathleen B. Burke. (S,He)
January 29, 2014 Minutes of proceedings [non-document] before Judge Sara Lioi. Attorneys Thomas Shunk and Christina Moser present as counsel for plaintiff. Attorneys Douglas Kline and Georgia Yanchar present as counsel for defendant. Plaintiff representatives Andrew Cheuug and Brian Stringer were also in attendance. A motion hearing was held on plaintiff's motion to lift stay (Doc. No. #236 ). At the conclusion of the hearing, the Court took the motion under advisement. Counsel is directed to meet, confer, and prepare a joint proposed schedule addressing the updates and additional discovery that will need to be conducted should the Court decide to lift the stay. This written proposed schedule should be filed with the Court by February 20, 2014. (Court Reporter: Lori Callahan) (Time: 1 hour; 30 minutes) (P,J)
January 24, 2014 Filing 241 Supplement to #236 Motion to reopen case Motion to lift stay filed by 01 Communique Laboratory, Inc.. Related document(s) #236 . (Attachments: #1 Declaration of Brian Stringer)(Moser, Christina)
January 24, 2014 Filing 240 Opposition to #236 Motion to reopen case Motion to lift stay (supplement in opposition) filed by Citrix Online, LLC, Citrix Systems, Inc.. (Yanchar, Georgia)
January 14, 2014 Opinion or Order Order [non-document]: Plaintiff's motion for oral argument (Doc. No. #239 ) on plaintiff's motion to lift the stay (Doc. No. #236 ) is granted. The Court shall conduct a hearing on the motion to lift the stay on 1/29/2014 at 1:00 PM in Courtroom 530, U.S. District Court, Akron. Within three days of the hearing, the parties may, if they so desire, file supplements--not to exceed 3 pages--further updating the Court on the status of the case and proceedings before the PTO. Judge Sara Lioi on 1/14/2014. (P,J)
January 8, 2014 Filing 239 Motion for oral argument filed by Counter-Defendant 01 Communique Laboratory, Inc., Plaintiff 01 Communique Laboratory, Inc.. Related document(s) #230 , #236 . (Moser, Christina)
December 11, 2013 Filing 238 Reply in Support of #236 Motion to reopen case and Motion to lift stay filed by All Plaintiffs. (Attachments: #1 Exhibit G - letter of April 9, 2009., #2 Exhibit H - AU Law Review Article., #3 Exhibit I - letter of December 17, 2010.)(Shunk, Thomas) Modified text on 12/12/2013 (R,Sh).
December 2, 2013 Filing 237 Opposition to #236 Motion to reopen case, and Motion to lift stay filed by Citrix Online, LLC, Citrix Systems, Inc. (Attachments: #1 Exhibit 1 - USPTO Post Grant Trials 2013)(Yanchar, Georgia) Modified text on 12/4/2013 (S,HR).
November 13, 2013 Filing 236 Motion to reopen case , Motion to lift stay () filed by Plaintiff 01 Communique Laboratory, Inc.. Related document(s) #215 . (Attachments: #1 Brief in Support, #2 Exhibit A - PTAB Decision Affirming Validity, #3 Exhibit B - Cheetah Case, #4 Exhibit C - Kim Laube Case, #5 Exhibit D - Kolcraft Case, #6 Exhibit E - Ohio Willow Wood Case, #7 Exhibit F - Pragmatus Case)(Shunk, Thomas)
August 24, 2012 Filing 235 Letter in response to Doc. No. 234 filed by Citrix Online, LLC, Citrix Systems, Inc.. Related document(s) #234 . (Yanchar, Georgia)
August 21, 2012 Filing 234 Letter to Judge Lioi from Thomas Shunk dated 8/16/2012 regarding recently-issued decision by the United States Court of Appeals for the Federal Circuit (attached) and requesting that the stay be lifted and an order for trial be set. (Attachments: #1 Attachment) (P,J)
August 21, 2012 Opinion or Order Order [non-document]: Defendant Citrix Systems, Inc. shall have until 12:00 PM on 8/24/2012 to file a response to the letter submitted by Attorney Thomas Shunk (Doc. No. #234 ). Judge Sara Lioi on 8/21/2012. (P,J) Modified text on 8/22/2012 and re-submitted to counsel (P,J).
June 3, 2011 Filing 233 Notice of Judgment in Related Case filed by Citrix Online, LLC, Citrix Systems, Inc.. (Attachments: #1 Exhibit A - Virginia District Court's decision in LogMeIn case, #2 Exhibit B - 01's appeal)(Yanchar, Georgia)
December 24, 2010 Filing 232 Reply in support of #230 Motion to lift stay and set order for trial filed by 01 Communique Laboratory, Inc.. (Attachments: #1 Exhibit L - Notice of Appeal, #2 Exhibit M - Cross Atlantic case, #3 Exhibit N - Transaction History, #4 Exhibit O - BPAI decision, #5 Exhibit P - White Paper)(Shunk, Thomas) Modified text on 12/27/2010 (P,G).
December 15, 2010 Filing 231 Opposition to #230 Motion to lift stay and set order for trial filed by Citrix Online, LLC, Citrix Systems, Inc.. (Attachments: #1 Exhibit 1 - Wayne-Dalton v. Amarr, #2 Exhibit 2 - Declaration of Dr. Richard E. Newman, #3 Exhibit 3 - Inter Partes Reexamination Filing Data, #4 Exhibit 4 - Declaration of Timothy J. Rousseau, #5 Exhibit 5 - 12/10/10 letter from 01's counsel to Citrix, #6 Exhibit 6 - Plaintiff's Responses to Defendants' First Set of Interrogatories, #7 Exhibit 7 - Streamlined Procedure for Appeal Brief Review, #8 Exhibit 8 - LegalMetric District Judge Report, #9 Exhibit 9 - Lincoln Electric v. Miller Electric, Case No. 1:06-cv-2981, Dkt. 65)(Yanchar, Georgia) Exhibit 1 has a double header. Filer advised for for future filings (S,HR).
November 15, 2010 Filing 230 Motion to lift stay and set order for trial filed by Plaintiff 01 Communique Laboratory, Inc.. (Attachments: #1 Exhibit A. Inter Partes Reexamination Communication - Right to Appeal Notice, #2 Exhibit B. Inter Partes Reexamination Communication - Petition Decision, #3 Exhibit C. Declaration of Andrew Cheung Under 37 C.F.R. 1.131 and 1.132, #4 Exhibit D. USPTO BPAI Fiscal Year 2010 Performance Measures, #5 Exhibit E. Declaration of Andrew Cheung in Support of Plaintiff's Motion to Lift Stay and Set Order for Trial, #6 Exhibit F. Judge Zouhary's Opinion, 3:08-cv-2423, ECF 223, #7 Exhibit G. Motion and Memorandum in Support of Plaintiff's Motion To Estop Defendants From Assering Certain Invalidity Arguments At Trial, 3:08-cv-2423, ECF 160, #8 Exhibit H. Judge Zouhary's Order, 3:08-cv-2423, ECF 261, #9 Exhibit I. Congressional Record for November 9, 1999, #10 Exhibit J. Congressional Record for November 17, 1999, #11 Exhibit K. Judge Hilton's Order, 1:10-cv-01007, ECF 49)(Bergmann, William)
October 27, 2010 Filing 229 Letter received by fax on 10/26/2010 from Attorney Douglas Kline, counsel for defendants Citrix Systems Inc. and Citrix Online LLC regarding plaintiff's request to reopen case. (P,J) (Main Document time-stamped and replaced. NEF rengenerated on 10/28/2010) (S,HR).
October 27, 2010 Minutes of proceedings [non-document]. The Court conducted a telephonic status conference in this matter on October 27, 2010. Attorneys Thomas Shunk, Christina Moser, Ken Sheehan, and William Bergmann participated on behalf of Plaintiff. Attorneys Douglas Kline, William Meunier, and Rob Feldman participated, representing Defendants. The purpose of the status conference was to discuss whether the case should be reopened in light of the recent ruling from the PTO on Defendants' request for reexamination. The Court shall permit Plaintiff to file a motion to reopen the case, which shall be filed no later than November 15, 2010. Defendants' response to the motion should be filed by December 15, 2010. Plaintiff shall file any reply by December 24, 2010. The motion and response brief shall be limited to 20 pages, and the reply must not exceed 15 pages. After the briefing is complete, the Court will decide whether a hearing on the motion is necessary. (Court reporter: none.) (Time: 13 minutes.) (P,J)
October 19, 2010 Filing 228 Notice of Telephone Conference, with counsel only, set for 10/27/2010 at 1:30 PM before Judge Sara Lioi. The telephone conference will be initiated by plaintiff's counsel. After all counsel are on line, plaintiff's counsel is to place the call to the Chambers of the Honorable Sara Lioi at (330) 252-6060. (P,J)
September 10, 2010 Opinion or Order Filing 227 Order of Recusal. This case is returned to the Clerk for reassignment to another judge. Settlement conference to be held by Judge Polster 10/12/10 at 9:00 a.m. Eastern Time. Judge Dan Aaron Polster on 9/10/10. (P,R)
September 10, 2010 Judge Sara Lioi assigned to case. Judge Dan Aaron Polster terminated. (C,B)
September 1, 2010 Minutes of proceedings [non-document] before Judge Dan Aaron Polster. After ascertaining that this case had been reassigned to Judge Polster, Judge Polster held a teleconference with counsel of record on September 1, 2010 to inquire whether either party might seek recusal on the basis that he had previously attempted to settle the case. In the event the parties do not seek recusal, the Court inquired whether they may be interested in trying to settle the case again. Counsel agreed to present these questions to their clients and, if they do not seek recusal, whether they prefer the Judge Polster to engage them in settlement efforts or another. Counsel agreed to discuss with their clients and to hold a followup teleconference with the Court, on the Court's bridge line, at 9:30 a.m. Eastern Time on Wednesday September 8, 2010. (P,R)
August 19, 2010 Judge Dan Aaron Polster assigned to case. Judge Ann Aldrich terminated. (C,B)
August 12, 2010 Filing 226 Response to letter addressed to Judge Oliver filed by Citrix Online, LLC. Related document(s) #225 . (E,P).
August 9, 2010 Filing 225 Letter from Thomas H. Shunk addressed to Judge Oliver filed by 01 Communique Laboratory, Inc. (E,P).
August 7, 2009 Opinion or Order Filing 224 Order This court has considered both parties' positions and directs the parties to immediately inform the court when the PTO reexamination is completed. Until that time, this case shall remain STAYED and administratively CLOSED subject to reopening upon written motion by any of the parties. Signed by Judge Ann Aldrich on 8/7/09. (K,K)
July 27, 2009 Opinion or Order Filing 223 Order withdrawn - filed in error. Order requiring parties to file Joint Status Report by September 1, 2009 regarding the status of the reexamination process. Related document #222 . Signed by Judge Ann Aldrich on 7/27/09. (K,K) Modified text 7/27/2009 (K,K).
March 20, 2009 Filing 222 Joint Status Report Regarding the Status of the Inter Partes Reexamination of the Patent-In-Suit by the U.S. Patent Office filed by 01 Communique Laboratory, Inc., Citrix Online, LLC, Citrix Systems, Inc.. (Sheehan, Kenneth)
February 18, 2009 Opinion or Order Filing 221 Order that parties file a joint status report by 3/20/09 regarding the status of the reexamination process. Judge Ann Aldrich on 2-18-09. (K,V)
June 2, 2008 Filing 220 Memorandum and Order that the court awards Communique $6,603.75 in attorneys fees incurred in preparing the March 9th letter and $18,990.05 in attorneys fees incurred in preparing the April 20th motion to preclude. However, because Communique has failed to submit an itemized statement of expert fees as required by the courts March 20th order, an award of such fees has not been substantiated. Judge Ann Aldrich on 6-2-08. (K,V)
May 19, 2008 Filing 219 Reply in Support of Plaintiff's Submission for Attorneys' Fees and Expert Costs filed by 01 Communique Laboratory, Inc.. Related document(s) #217 , #218 . (Sheehan, Kenneth)
May 8, 2008 Filing 218 Brief in Opposition to Plaintiff's Submission for Attorneys' Fees and Expert Costs filed by Citrix Online, LLC, Citrix Systems, Inc.. Related document(s) #217 . (Attachments: #1 Exhibit Attachment 1) (Yanchar, Georgia)
April 21, 2008 Filing 217 Brief in Support of Lodestar Rates and Statement of Attorneys' Fees and Expert Costs filed by 01 Communique Laboratory, Inc.. Related document(s) #216 . (Attachments: #1 Exhibit A: Time Entries Concerning March 9, 2007 Letter, #2 Exhibit B: Time Entries Following Citrix's March 22, 2007 Letter to the Court, #3 Exhibit C: Time Entries Concerning the Investigation and Preparation of the May 18, 2007 Reply Brief, #4 Exhibit D: Declaration of Gregory R. Ganger, #5 Exhibit E: Declaration of Kenneth J. Sheehan, #6 Exhibit F: AIPLA Report of the Economic Survey 2007) (Sheehan, Kenneth)
March 20, 2008 Opinion or Order Filing 216 Memorandum and Order The court does not hold Citrix in contempt. However, in light of Citrixs extreme negligence in uploading the entirety of its source code, the court invokes its inherent power to compensate Communique for attorneys fees and expert costs incurred as a result of Citrixs negligence. Related document #101 . Signed by Judge Ann Aldrich on 3/20/08. (K,K) Modified text on 3/24/2008 (B,B).
March 12, 2008 Opinion or Order Filing 215 Memorandum and Order (Related Doc # 93 ) (Related Doc #124 ); (Related Doc #142 );(Related Doc #146 )(Related Doc # 147 )t (Related Doc # 149 ); (Related Doc # 150 ); (Related Doc # 152 ); (Related Doc # 153 )(Related Doc # 153 ) (Related Doc #162 )(Related Doc #188 (Related Doc #191 ) (Related Doc #192 ) (Related Doc #193 )(Related Doc #194 )(Related Doc #195 (Related Doc #196 )(Related Doc # 198 ) (Related Doc # 199 )(Related Doc # 200 ); (Related Doc # 201 ) (Related Doc # 202 ) (Related Doc #211 ). that the court grants Citrixs motion for a stay. (Doc. No. 162.) Accordingly, the court vacates all scheduled hearings and conferences and will hold all pending motions in abeyance, with the exception of Communiques motion to show cause. Citrix is ordered to notify the court when reexamination is completed. Signed by Judge Ann Aldrich on 3-12-08.(K,V)
March 10, 2008 Filing 214 Response to Citrix's Request for Status Conference filed by 01 Communique Laboratory, Inc.. Related document(s) #211 . (Warren, Daniel)
March 10, 2008 Filing 213 Reply Brief in Response to Plaintiff's Brief filed Post-Hearing filed by Citrix Online, LLC, Citrix Systems, Inc.. Related document(s) #187 . (Yanchar, Georgia)
March 10, 2008 Filing 212 Reply Brief in Response to Defendant's Post-Hearing Brief filed by 01 Communique Laboratory, Inc.. Related document(s) #189 . (Dettelbach, Steven)
March 10, 2008 Filing 211 Motion for status conference filed by Citrix Online, LLC, Citrix Systems, Inc.. (Yanchar, Georgia) Modified text on 3/11/2008 (B,B).
March 7, 2008 Filing 210 Notice of Hearing: Final Pretrial set for 3-18-08 at 1:30 p.m. before Chambers 17B (K,V)
March 7, 2008 Filing 209 Notice of Hearing of Final Pretrial: Scheduled for Thursday, March 13, 2008 at 10:30 a.m. in Chambers 17B (K,V)
March 6, 2008 Filing 208 Supplemental -Exhibit BB to Reply to Motion to stay Litigation Pending Determination of Citrix's Request for Inter Partes Reexamination of the Patent-in-Suit by the U.S. Patent Office filed by Citrix Online, LLC, Citrix Systems, Inc.. Related document(s) #176 , #162 . (Attachments: #1 Exhibit BB, Order from U.S. P.T.O. granting reexamination)(Yanchar, Georgia) Modified text on 3/6/2008 (B,B).
March 4, 2008 Filing 207 Exhibit B to their motion to preclude 01 from arguing conception and invention dates that contradict sworn statements to the U.S. Patent Office filed by Citrix Online, LLC, Citrix Systems, Inc. Related document(s) #28 , #192 . (B,B) Modified text on 3/5/2008 (B,B). (Document filed under seal pursuant to Court order)
March 4, 2008 Filing 206 Exhibit A to their motion in limine to preclude James Malackowski from testifying regarding allegations, analyses, conclusions, or opinions not disclosed in his expert report filed by Citrix Online, LLC, Citrix Systems, Inc. Related document(s) #28 , #195 . (B,B)(Document filed under seal pursuant to Court order)
March 4, 2008 Filing 205 Supplemental Exhibit AA to Memorandum in Support of Citrix's Motion to Stay Litigation Pending Determination of its Request for Inter Partes Reexamination of the Patent-in-Suit by the U.S. Patent Office filed by Citrix Online, LLC, Citrix Systems, Inc.. Related document(s) #176 , #162 . (Attachments: #1 Exhibit AA (Supplemental), printout from website of U.S. PTO, indicating that Citrix's request for reexamination has been granted)(Yanchar, Georgia) Modified text on 3/5/2008 (B,B).
March 4, 2008 Filing 204 Notice of Hearing Jury Trial reset for 4/1/2008 09:00 AM in Courtroom 17B before Judge Ann Aldrich. (K,V)
March 3, 2008 Filing 203 Exhibit(s) C and G to motion in limine of plaintiff filed by 01 Communique Laboratory, Inc. Related document(s) #188 , #28 . (FILED UNDER SEAL)(E,P)
March 3, 2008 Filing 202 Motion in limine to preclude Dr. Gregory Ganger from testifying regarding allegations, analyses, conclusions, or opinions not disclosed in his expert reports filed by Citrix Online, LLC, Citrix Systems, Inc. Related document(s) #28 . (FILED UNDER SEAL)(E,P)
March 3, 2008 Filing 201 Motion in limine for a jury instruction regarding 01's spoliation of evidence filed by Citrix Online, LLC, Citrix Systems, Inc. Related document(s) #28 . (FILED UNDER SEAL)(E,P)
March 3, 2008 Filing 200 Motion in limine to preclude evidence of secondary consideration of non-obviousness filed by Citrix Online, LLC, Citrix Systems, Inc. Related document(s) #28 . (FILED UNDER SEAL) (E,P)
March 3, 2008 Filing 199 Motion in limine to preclude evidence of alleged infringement by third party products filed by Citrix Online, LLC, Citrix Systems, Inc. Related document(s) #28 . (FILED UNDER SEAL)(E,P)
March 3, 2008 Filing 198 Motion in limine to preclude 01 from proffering testimony from witnesses whom 01 is paying based upon the outcome of the litigation filed by Citrix Online, LLC, Citrix Systems, Inc. (Related Document#28 )(FILED UNDER SEAL) (E,P) Modified text on 3/4/2008 (E,P).
March 3, 2008 Filing 197 Pre-Trial Brief filed by Citrix Online, LLC, Citrix Systems, Inc.. (Yanchar, Georgia) Modified text on 3/4/2008 (B,B).
March 3, 2008 Filing 196 Motion in limine to Preclude 01 from Presenting Evidence Relating to Citrix's Undisclosed Opinion of Counsel filed by Citrix Online, LLC, Citrix Systems, Inc.. (Yanchar, Georgia)
March 3, 2008 Filing 195 Motion in limine to Preclude James Malackowski from Testifying Regarding Allegations, Analyses, Conclusions, or Opinions Not Disclosed in His Expert Report filed by Citrix Online, LLC, Citrix Systems, Inc.. (Attachments: #1 Notice of Manual Filing of Exhibit A, #2 Exhibit B, Matilla v. South Kentucky Rural Elec. Co-op Corp., 2007 WL 1804342; Ullman v. Auto-Owners Mutual, 2007 U.S. Dist. LEXIS 25590)(Yanchar, Georgia) Modified text on 3/4/2008 (B,B).
March 3, 2008 Filing 194 Motion in limine to Preclude 01 from Proferring Expert Testimony from Andrew Cheung filed by Citrix Online, LLC, Citrix Systems, Inc.. (Attachments: #1 Exhibit A, Declaration of Andrew Cheung, #2 Exhibit B, Day v. Consolidated Rail Corp., 1996 U.S. Dist. LEXIS 6596; Matilla v. South Kentucky Rural Elec. Co-op Corp., 2007 WL 1804342)(Yanchar, Georgia)
March 3, 2008 Filing 193 Motion in limine to Preclude 01 from Presenting Evidence of Willful Infringement that 01 Did Not Disclose During Discovery filed by Citrix Online, LLC, Citrix Systems, Inc.. (Attachments: #1 Exhibit A, Citrix's First Set of Interrogatories, #2 Exhibit B, Plaintiff's Responses to Citrix's First Set of Interrogatories, #3 Exhibit C, TDATA v. Aircraft, 2007 U.S. Dist. LEXIS 8880; Stoner v. Ann Arbor Railroad, 2007 U.S. Dist. LEXIS 37292; Vance v. U.S., 1999 U.S. App. LEXIS 14943)(Yanchar, Georgia)
March 3, 2008 Filing 192 Motion in limine to Preclude 01 from Arguing Conception and Invention Dates that Contradict Sworn Statements to the U.S. Patent Office filed by Citrix Online, LLC, Citrix Systems, Inc.. (Attachments: #1 Exhibit A, Declaration of Andrew Cheung, #2 Notice of Manual Filing of Exhibit B)(Yanchar, Georgia) Modified text on 3/4/2008 (B,B).
March 3, 2008 Filing 191 Motion in limine to Preclude 01 from Challenging the Authenticity of Business Records Identified in Federal Rules of Evidence 902(11) Declarations from Third Parties filed by Citrix Online, LLC, Citrix Systems, Inc.. (Attachments: #1 Exhibit A, 5/07 emails between David Goldstone and Neal Seth, #2 Exhibit B, 902(11) declarations of various individuals, #3 Exhibit C, Correspondence regarding 902(11) declarations, #4 Exhibit D, 5/31/07 letter from Neal Seth to David Goldstone, #5 Exhibit E, U.S. v. Bledsoe, 2003 U.S. App. LEXIS 13312)(Yanchar, Georgia)
March 3, 2008 Filing 190 Pre-Trial Brief filed by 01 Communique Laboratory, Inc.. (Attachments: #1 Supplement Rockwood Pigments, 53 Fed. Appx. 917, #2 Supplement Get-a-Grip II, 2002 WL 234289)(Sheehan, Kenneth)
March 3, 2008 Filing 189 Brief filed Post-Hearing filed by Citrix Online, LLC, Citrix Systems, Inc.. (Yanchar, Georgia)
March 3, 2008 Filing 188 Motion in limine filed by Plaintiff 01 Communique Laboratory, Inc.. (Attachments: #1 Exhibit A - Manual of Patent Examining Procedure, #2 Exhibit B - Inter Partes Reexamination Filing Data, #3 Manual Filing (Exhibit C - Report of Jason Nieh), #4 Exhibit D - Larry Dixon Deposition, #5 Exhibit E - 11-29-2006 Douglas Kline Letter, #6 Exhibit F - Citrix Disclosures Schedule 4, #7 Manual Filing (Exhibit G - Mark S. Reed Deposition), #8 Appendix of Unpublished Decisions)(Moser, Christina) Modified text on 3/4/2008 (B,B).
March 3, 2008 Filing 187 Brief filed Post-Hearing filed by 01 Communique Laboratory, Inc.. (Kaye, Joslyn)
February 29, 2008 Filing 186 Objections and Counter-designations Pursuant to Fed. R. Civ. P. 26(a)(3) (B) filed by 01 Communique Laboratory, Inc.. (Attachments: #1 Appendix A, #2 Appendix B)Related document(s) #179 .(Sheehan, Kenneth) Modified text on 3/3/2008 (B,B).
February 29, 2008 Filing 185 Objections to 01's Pretrial Disclosures Pursuant to Fed. R. Civ. P. 26(a)(3) filed by Citrix Online, LLC, Citrix Systems, Inc.. (Attachments: #1 Schedule A, #2 Schedule B, #3 Schedule C)Related document(s) #183 , #182 .(Yanchar, Georgia) Modified text on 3/3/2008 (B,B).
February 27, 2008 Filing 184 Transcript of Show Cause Hearing Proceedings held on 2-22-2008 before Judge Ann Aldrich. To obtain a bound copy of this transcript please contact Court Reporter Sue Trischan at 216-357-7087. Complete document on file, 165 pages. (T,S)
February 25, 2008 Filing 183 Initial Disclosures pursuant to Rule 26(a)(3) with amended exhibits filed by 01 Communique Laboratory, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Bergmann, William) Modified text on 2/26/2008 (B,B).
February 25, 2008 Filing 182 Initial Disclosures pursuant to Rule 26(a)(3) filed by 01 Communique Laboratory, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Bergmann, William) Modified text on 2/26/2008 (B,B). (Document re-filed, please see Document #183)
February 25, 2008 Filing 181 Document refiled, see #183 for correct filing. Initial Disclosures pursuant to Rule 26(a)(3) filed by 01 Communique Laboratory, Inc.. (Bergmann, William) Modified text on 2/26/2008 (B,B).
February 25, 2008 Filing 180 Exhibit/Witness List regarding Show Cause Hearing (K,V)
February 25, 2008 Minutes of proceedings [non-document].Show Cause Hearing held on 2-22-08 before Judge Ann Aldrich. Testimony taken, exhibits marked and hearing concluded. Additional briefing due 3/3/08 with responses due 3/10/08. (Court Reporter Sue Trischan.) (K,V)
February 22, 2008 Filing 179 Initial Disclosures pursuant to Rule 26(a)(3) filed by Citrix Online, LLC, Citrix Systems, Inc.. (Attachments: #1 Schedule 1 and 2, #2 Schedule 3, #3 Schedule 4, #4 Schedule 5)(Yanchar, Georgia) Modified text on 2/25/2008 (B,B).
February 19, 2008 Filing 178 Pre-Hearing Statement filed by Citrix Online, LLC, Citrix Systems, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Yanchar, Georgia) Modified text on 2/20/2008 (B,B).
February 19, 2008 Opinion or Order Order [non-document]granting Motion for appearance pro hac vice by attorney Don M. Kennedy for Citrix Online, LLC and Citrix Systems, Inc. (Related Doc #177 ). Judge Ann Aldrich(K,V)
February 15, 2008 Filing 177 Motion for attorney Don M. Kennedy to Appear Pro Hac Vice. Filing fee $ 100, receipt number 06470000000002866475, filed by Citrix Online, LLC, Citrix Systems, Inc.. (Attachments: #1 Declaration Don M. Kennedy)(Yanchar, Georgia) Modified text on 2/15/2008 (B,B).
February 12, 2008 Minutes of proceedings [non-document].Mediation Conference held on 2/11/2008 before Judge Dan Aaron Polster. Discussions are continuing 2/12/08 (Court Reporter none.) (K,V)
February 6, 2008 Filing 176 Reply to response to #162 Motion to stay Litigation Pending Determination of Citrix's Request for Inter Partes Reexamination of the Patent-in-Suit by the U.S. Patent Office filed by Citrix Online, LLC, Citrix Systems, Inc.. (Attachments: #1 Exhibit V - MPEP Section 2686.04(I), #2 Exhibit W - MPEP Section 2662, #3 Exhibit X - LegalMetric Initial Judge Report, #4 Exhibit Y - Brief of Rothschild Trust Holdings, #5 Exhibit Z - Nov. 12, 2002 Declaration of Andrew Cheung)(Yanchar, Georgia)
February 4, 2008 Filing 175 Supplement to pre-hearing brief for this Court's show cause hearing filed by 01 Communique Laboratory, Inc. Related document(s) #28 , #172 . (B,B)(Document filed under seal pursuant to Court order)
February 1, 2008 Opinion or Order Filing 174 Order Show cause hearing RESET for Friday, February 22, 2008 at 10:00AM in Chambers of Judge Ann Aldrich, 17B. Signed by Judge Ann Aldrich on 2/1/2008. (K,K)
February 1, 2008 Opinion or Order Filing 173 Order referring case to Judge Dan Aaron Polster to conduct a mediation conference on 2/11/08 at 8:30 a.m. in Chambers 18B. February 6, 2008 is the deadline for each party to submit potential business solutions to Judge Polster. The submission should include any information disclosed during discovery regarding profit margins on the applicable product(s). Signed by Judge Ann Aldrich on 2-1-08. (K,V) Modified text on 2/5/2008 (B,B).
January 29, 2008 Filing 172 Pre-Hearing Brief for 2/8/2008 contempt hearing filed by 01 Communique Laboratory, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8) (Warren, Daniel) Modified text on 1/31/2008 (B,B).
January 28, 2008 Filing 171 Opposition to #162 defendants' Motion to stay Litigation Pending Determination of Request for Inter Partes Reexamination of the Patent-in-Suit filed by 01 Communique Laboratory, Inc. Filed Under Seal, (related doc #28 ). (C,KA)
January 22, 2008 Filing 170 Attorney Appearance filed by Joslyn E. Kaye on behalf of 01 Communique Laboratory, Inc.. (Kaye, Joslyn) Modified text on 1/24/2008 (B,B).
January 18, 2008 Filing 169 Reply to response to 150 Motion for summary judgment finding Defendants' inducement of infringement filed by 01 Communique Laboratory, Inc.. (Attachments: #1 Appendix of Unpublished Decisions)(Moser, Christina)
January 18, 2008 Filing 168 Reply Memorandum In Support of 147 Motion for summary judgment that It Has Not Infringed the '479 Patent filed by Citrix Online, LLC, Citrix Systems, Inc.. (Attachments: #1 Exhibit I - various unpublished opinions)(Yanchar, Georgia)
January 18, 2008 Filing 167 Reply Memorandum In Support of 149 Motion for summary judgment that Plaintiff is Not Entitled to Lost Profit Damages filed by Citrix Online, LLC, Citrix Systems, Inc.. (Attachments: #1 Exhibit H - various unpublished opinions)(Yanchar, Georgia)
January 18, 2008 Filing 166 Reply Memorandum In Support of #142 Motion for summary judgment of Invalidity for All Asserted Claims of the '479 Patent filed by Citrix Online, LLC, Citrix Systems, Inc.. (Attachments: #1 Exhibit GG - Bridgestone Sports v. Acushnet, #2 Exhibit HH - various local patent rules, #3 Exhibit II - Excerpts from Nieh deposition, #4 Exhibit JJ - Commissariat A L'Energie Atomique v. Samsun)(Yanchar, Georgia)
January 18, 2008 Filing 165 Reply Memorandum In Support of #146 Motion for summary judgment that Defendants Have Not Willfully Infringed the '479 Patent filed by Citrix Online, LLC, Citrix Systems, Inc.. (Attachments: #1 Exhibit I - Matilla v. S. Ky. Rural Elec. Coop., #2 Exhibit J - Broadcom v. Qualcomm, #3 Exhibit K - Depomed v. Ivax, #4 Exhibit L - Trading Techs. v. eSpeed, #5 Exhibit M - Doc. No. 73 - Memorandum and Order, #6 Exhibit N - 4/26/07 letter from Lent to DeWitte, Jr., #7 Exhibit O - Excerpts from Rule 26 Report of Dr. Azer Bestavros, #8 Exhibit P - Black & Decker v. Robert Bosch)(Yanchar, Georgia)
January 18, 2008 Filing 164 Reply to response to Motion for partial summary judgment finding patent not invalid filed by 01 Communique Laboratory, Inc.(Document filed under seal pursuant to Court order) (Related doc #28 , 152 ) (B,B) Modified to create an additional link on 1/18/2008 (B, B).
January 18, 2008 Filing 163 Reply to response to Motion for summary judgment of no inequitable conduct or, in the altnerative, Motion to bifurcate inequitable conduct allegations filed by 01 Communique Laboratory, Inc.(Document filed under seal pursuant to Court order) (Related doc #28 , 153 ) (B,B) Modified to create an additional link on 1/18/2008 (B, B).
January 14, 2008 Filing 162 Motion to stay Litigation Pending Determination of Citrix's Request for Inter Partes Reexamination of the Patent-in-Suit by the U.S. Patent Office filed by Citrix Online, LLC, Citrix Systems, Inc. (Attachments: #1 Brief in Support, #2 Exhibit A - Select pages from inter partes reexam request, #3 Exhibit B - PTO inter partes reexamination filing data, #4 Exhibit C - Emhart Indus. v. Sankyo, #5 Exhibit D - Lincoln Elec. v. Miller Elec., #6 Exhibit E - Magna Donnelly v. Pilkington, #7 Exhibit F - Ralph Gonnocci v. Three M Tool, #8 Exhibit G - Pegasus Dev. v. Directv, #9 Exhibit H - Abbott Diabetes v. DexCom, #10 Exhibit I - Broadcast Innovation v. Charter Commc'ns, #11 Exhibit J - Softview Computer v. Haworth, #12 Exhibit K - Ingro v. Tyco, #13 Exhibit L - Middleton v. Minn. Mining & Mfg., #14 Exhibit M - Grayling v. GPAC, #15 Exhibit N - Rohm and Haas Co. v. Brotech, #16 Exhibit O - Procter & Gamble v. Kraft Foods, #17 Exhibit P - EchoStar Techs. v. TiVo, #18 Exhibit Q - Defendants' 2nd Set of Interrogatories, #19 Exhibit R - 3/5/07 letter from Goldstone to Kwok, #20 Exhibit S - 3/15/07 letter from Goldstone to Bergmann and Kwok, #21 Exhibit T - 3/30/07 letter from Goldstone to Bergmann, #22 Exhibit U - Tap Pharm. v. Atrix Labs.)(Yanchar, Georgia) Modified text on 1/16/2008 (B,B).
January 10, 2008 Filing 161 Attorney Appearance filed by Steven M. Dettelbach on behalf of 01 Communique Laboratory, Inc.. (Dettelbach, Steven) Modified text on 1/11/2008 (B,B).
January 8, 2008 Opinion or Order Order (non-document) referring re 93 Only the motion to compel discovery is referred to Magistrate Judge David S. Perelman. (K,V) Modified text 1/8/2008 (C,KA).
January 4, 2008 Filing 160 Opposition to #142 Motion for summary judgment of Invalidity for All Asserted Claims of the '479 Patent filed by 01 Communique Laboratory, Inc. Filed Under Seal, related doc #28 . (C,KA)
January 4, 2008 Filing 159 Opposition to 149 Motion for summary judgment that plaintiff is not entitled to lost profit damages filed by 01 Communique Laboratory, Inc. Filed Under Seal, related doc #28 . (C,KA)
January 4, 2008 Filing 158 Opposition to 147 Motion for summary judgment that it has not infringed the '479 patent filed by 01 Communique Laboratory, Inc. Filed Under Seal, related doc #28 . (C,KA)
January 4, 2008 Filing 157 Opposition to #146 Motion for summary judgment that Defendants Have Not Willfully Infringed filed by 01 Communique Laboratory, Inc. Filed Under Seal, related doc #28 . (C,KA) Modified text 1/8/2008 (C,KA).
January 4, 2008 Filing 156 Opposition to 153 plaintiff's Motion for summary judgment, or in the alternative, Motion to bifurcate inequitable conduct allegations filed by all defendants. Filed Under Seal, #28 .(C,KA)
January 4, 2008 Filing 155 Opposition to 150 Motion for summary judgment Finding Defendants' Inducement of Infringement filed by Citrix Online, LLC, Citrix Systems, Inc.. (Attachments: #1 Exhibit A - Citrix's First Set of Interrogatories, #2 Exhibit B - Plaintiff's Supplemental Responses to Interrogatories. 2, 13 and 14, #3 Exhibit C - Plaintiff's Responses to Defendants' First Set of Interrogatories, #4 Exhibit D - Expert Report of Dr. Gregory Ganger, #5 Exhibit E - Rule 26 Report of Dr. Azer Bestavros, #6 Exhibit F - Citrix's Objections and Responses to Plaintiff's Notice of Deposition, #7 Exhibit G - Plaintiff's Amended Notice of Deposition 8/4/06, #8 Exhibit H - Plaintiff's Notice of Deposition 3/14/07, #9 Exhibit I - Plaintiff's Notice of Deposition 4/20/07, #10 Exhibit J - Objection to Renewed 4th Notice of Deposition, #11 Exhibit K - Defendants' Supplemental Responses to First Set of Interrogatories, #12 Exhibit L - 2006 US Dist. LEXIS 28160)(Yanchar, Georgia) Modified text on 1/7/2008 (B,B).
January 4, 2008 Filing 154 Opposition to 152 Motion for partial summary judgment Finding Patent Not Invalid for Obviousness filed by Citrix Online, LLC, Citrix Systems, Inc.. (Attachments: #1 Exhibit A - Rule 26 Report of Jason Nieh, #2 Exhibit B - RemotePassage for Solaris Administration Guide, #3 Exhibit C - 5/30/07 Defendants' Supp. Response to First Set of Interrogatories, #4 Exhibit D - 5/22/07 Defendants' Supp Response to First Set of Interrogatories, #5 Exhibit E - PhonePatch webpage, #6 Exhibit F - 6/1/07 Defendants' Supp Response to First Set of Interrogatories, #7 Exhibit G - 5/9/07 Defendants' Supp Response to First Set of Interrogatories, #8 Exhibit H - Plaintiff's First Set of Interrogatories, #9 Exhibit I - Defendants' Second Set of Interrogatories, #10 Exhibit J - 3/5/07 Letter from Goldstone to Kwok, #11 Exhibit K - 3/15/07 Letter from Goldstone to Bergmann and Kwok, #12 Exhibit L - 3/30/07 Letter from Goldstone to Bergmann)(Yanchar, Georgia)
December 10, 2007 Filing 151 FILED IN ERRORMotion for summary judgment of no Inequitable conduct or in the alternative for Motion to bifurcation of Inequitable Conduct Allgegations filed by Plaintiff 01 Communique Laboratory, Inc.(FILED UNDER SEAL)Related document(s) #28 . (S,J) Modified on 12/18/2007 (S,J). Modified on 12/18/2007 (S,J).
December 7, 2007 Filing 153 Motion for summary judgment of no equitable conduct or in the alternative Motionfor bifurcation of inequitable conduct allegations. filed by Plaintiff 01 Communique Laboratory, Inc. (FILED UNDER SEAL) (S,J)
December 7, 2007 Filing 152 Motion for partial summary judgment finding patent not invalid for obviousness. filed by Plaintiff 01 Communique Laboratory, Inc.Related document(s)[28. (FILED UNDER SEAL)(S,J)
December 7, 2007 Filing 150 Motion for summary judgment finding defendants' inducement of infringement. filed by Plaintiff 01 Communique Laboratory, Inc. (FILED UNDER SEAL)Related document(s) #28 . (S,J) Modified on 12/10/2007 (S,J).
December 7, 2007 Filing 149 Motion for summary judgment that plaintiff is not entitled to lost profit damages filed by Citrix Online, LLC, Citrix Systems, Inc. Related document(s) #28 . (B,B)(Document filed under seal pursuant to Court order)
December 7, 2007 Filing 148 Exhibit V to their motion for summary judgment of invalidity for all asserted claims of the '479 patent filed by Citrix Online, LLC, Citrix Systems, Inc. Related document(s) #28 , #142 . (B,B) Modified text on 12/10/2007 (B,B). (Document filed under seal pursuant to Court order)
December 7, 2007 Filing 147 Motion for summary judgment that it has not infringed '479 patent filed by Citrix Online, LLC, Citrix Systems, Inc. Related document(s) #28 . (B,B)(Document filed under seal pursuant to Court order)
December 7, 2007 Filing 146 Motion for summary judgment that Defendants Have Not Willfully Infringed filed by Citrix Online, LLC, Citrix Systems, Inc.. (Attachments: #1 Brief in Support of Citrix's Motion for Summary Judgment that It Has Not Willfully Infringed the '479 Patent, #2 Exhibit A - Donahoo Deposition Transcript, #3 Exhibit B - Donahoo Deposition Exhibit 27, #4 Exhibit C - '479 Patent Prosecution History, 6/9/04 Request for Continued Examination, #5 Exhibit D - Plaintiff's Responses to Defendants' First Set of Interrogatories, #6 Exhibit E - 2007 TGIP v. AT&T, 2007 U.S. Dist. LEXIS 79919, #7 Exhibit F - Franklin Elec. Co. v. Dover, 2007 U.S. Dist. LEXIS 84588, #8 Exhibit G - Cohesive Techs. v. Waters, 2007 U.S. Dist. LEXIS 69464, #9 Exhibit H - Chisum on Willful Infringement)(Yanchar, Georgia)
December 7, 2007 Filing 145 Notice of manual filing under seal of Plaintiff's motion for partial summary judgment finding patent not invalid for obviousness filed by 01 Communique Laboratory, Inc.. (Moser, Christina)
December 7, 2007 Filing 144 Notice of manual filing under seal of Plaintiff's motion for summary judgment of no inequitable conduct or, in the alternative, for bifurcation of inequitable conduct allegations filed by 01 Communique Laboratory, Inc.. (Moser, Christina)
December 7, 2007 Filing 143 Notice of manual filing under seal of Plaintiff's motion for summary judgment finding Defendants' inducement of infringement filed by 01 Communique Laboratory, Inc.. (Moser, Christina)
December 7, 2007 Filing 142 Motion for summary judgment of Invalidity for All Asserted Claims of the '479 Patent filed by Citrix Online, LLC, Citrix Systems, Inc. (Attachments: #1 Brief in Support, #2 Exhibit A - 479 Patent, #3 Exhibit B - NAT: proposal: Kegel, #4 Exhibit C - Crichton, #5 Exhibit D - Jade, #6 Exhibit E - Microsoft Affidavit, #7 Exhibit F - Kegel Deposition Transcript, #8 Exhibit G - Bowser Deposition Transcript, #9 Exhibit H - March 15 Response to Interrogatory No. 6, #10 Exhibit I - May 22 Response to Interrogatory Nos. 6 and 8, #11 Exhibit J - May 30 Response to Interrogatory Nos. 6 and 8, #12 Exhibit K - Citrix's Interrogatory No. 21, #13 Exhibit L - March 5 Letter Goldstone to Kwok, #14 Exhibit M - March 15 Letter Goldstone to Bergmann and Kwok, #15 Exhibit N - March 30 Letter Goldstone to Bergmann, #16 Exhibit O - March 12 Letter Bergmann to Goldstone, #17 Exhibit P - March 19 Letter Kwok to Goldstone, #18 Exhibit Q - April 2 Letter Bergmann to Goldstone, #19 Exhibit R - October 12 Letter Blasi to Sheehan, #20 Exhibit S - June 1 Response to Interrogatory No. 8, #21 Exhibit T - April 13 Response to Interrogatory No. 8, #22 Exhibit U - June 15 Response to Interrogatory No. 8, #23 Exhibit W - Nieh claim charts - NetMeeting, #24 Exhibit X - Nieh claim charts - NetOp, #25 Exhibit Y - Nieh Claim Charts - NAT, #26 Exhibit Z - Nieh Claim Charts - Crichton, #27 Exhibit AA - Nieh Claim Charts - Jade, #28 Exhibit BB - Matilla v. S. Kentucky Rural, #29 Exhibit CC - Texas Instruments v. Hyundai, #30 Exhibit DD - 5/23/06 Response to Interrogatory No. 5, #31 Exhibit EE - 4/26/07 Response to Interrogatory No. 5, #32 Exhibit FF - 7/11/07 Joint Letter to Court)(Yanchar, Georgia) Modified text on 12/17/2007 (B,B).
November 28, 2007 Opinion or Order Order [non-document]granting #141 Citrix Online, LLC and Citrix Systems, Inc.'s Motion to reset the Show Cause Hearing currently set for 12/7/07. Hearing reset for 2/8/08 at 10:00 a.m. in Courtroom 17B. Judge Ann Aldrich (K,V) Modified text on 11/29/2007 (B,B).
November 27, 2007 Filing 141 Unopposed Motion to Reschedule Hearing on Motion to Show Cause filed by Citrix Online, LLC, Citrix Systems, Inc. (Yanchar, Georgia) Modified text on 11/29/2007 (B,B).
November 13, 2007 Filing 140 Attorney Appearance filed by Daniel R. Warren on behalf of 01 Communique Laboratory, Inc.. (Warren, Daniel) Modified text on 11/14/2007 (B,B).
November 8, 2007 Filing 139 Notice of Withdrawal of Conrad J. DeWitte, Jr. as Counsel filed by 01 Communique Laboratory, Inc.. Related document(s) #44 ,.(Sheehan, Kenneth)
October 12, 2007 Filing 138 Minutes of proceedings.Discovery conference held on 10/11/07. Discussion regarding a number of documents---court made some determinations---counsel need to continue discussions; will advise court by 11/7/07 as to their progress and/or need for another meeting. Magistrate Judge David S. Perelman, (G,S)
September 26, 2007 Opinion or Order Order [non-document]denying as moot (see doc. 123) Citrix Systems, Inc.'s and Citrix Online, LLC's motion for leave to file revised opposition (Related Doc #115 ). Judge Ann Aldrich(K,V) Modified text on 9/27/2007 (B, B).
September 26, 2007 Opinion or Order Order [non-document]denying as moot [see doc. 127) 01 Communique Laboratory, Inc.'s motion for order to exceed page limitation(Related Doc #92 ). Judge Ann Aldrich(K,V) Modified text on 9/27/2007 (B, B).
September 26, 2007 Opinion or Order Order [non-document]denying as moot [see do. 127) Citrix Systems, Inc.'s and Citrix Online, LLC's motion for order to exceed page limitations (Related Doc #100 ). Judge Ann Aldrich(K,V) Modified text on 9/27/2007 (B, B).
September 25, 2007 Filing 137 Minutes of proceedings.Mediation Conference held on 9/25/2007 before Magistrate Judge Perelman. Settlement explored, no resolution. Discovery conference set for 10/11/07 at 12:30 p.m. Magistrate Judge David S. Perelman, (G,S)
September 19, 2007 Filing 136 Reply to Defendants' Counterclaims filed by 01 Communique Laboratory, Inc.. (Moser, Christina) Modified docket text on 9/20/2007 (R, N).
September 10, 2007 Opinion or Order Filing 135 Stipulation & Order rescheduling pretrial and trial dates. Discovery due by 11/2/2007. Dispositive Motions due by 12/7/2007. Jury Trial set for 3/24/2008 at 9:00 AM and a Final Pretrial Conference is set for 3/10/08 at 1:30 p.m. in Courtroom 17B before Hon. Ann Aldrich. Signed by Judge Ann Aldrich on 9-10-07.(K,V) Modified docket text on 9/11/2007 (R, N).
September 6, 2007 Filing 134 Proposed Order And Stipulation Rescheduling Dates filed by all plaintiffs. Related document(s) #120 , #21 , #130 . (Shunk, Thomas)
September 6, 2007 Filing 133 Amended Answer to First Amended Complaint, Counterclaim against 01 Communique Laboratory, Inc. filed by Citrix Online, LLC, Citrix Systems, Inc.. Related document(s) #15 . (Attachments: #1 Exhibit A - U.S. Patent No. 6,928,479) (Cipolla, John)
September 4, 2007 Filing 132 Notice of Hearing Show Cause Hearing RESET for 12/7/2007 10:00 AM in Courtroom 17B before the Honorable Ann Aldrich (K,V)
August 31, 2007 Filing 131 Reply in support of Motion for To Preclude 01 Communique from Introducing or Relying Upon Undisclosed Evidence and Contentions filed by Citrix Online, LLC, Citrix Systems, Inc. (Related doc #28 , #124 )(Document filed under seal pursuant to Court order)(B,B) Modified to create an additional link on 8/31/2007 (B, B).
August 31, 2007 Filing 130 Minutes of proceedings. Discovery Conference held on 8/30/07. Conference will resume if necessary, following mediation set for 9/25/07 - 9/27/07. Magistrate Judge David S. Perelman. (G,S)
August 29, 2007 Filing 129 Notice of Hearing re #128 Order on Motion to show cause Show Cause Hearing RESET for 10/2/2007 10:00 AM in Courtroom 17B before Hon. Ann Aldrich. Related document(s) #128 . (K,V)
August 28, 2007 Opinion or Order Filing 128 Memorandum and Order that(Related Doc #101 )01's motion to show cause is granted. A show cause hearing is set for Friday, September 14, 2007 at 10:00 a.m. Signed by Judge Ann Aldrich on 8-28-07.(K,V) Modified text on 8/29/2007 (B, B).
August 28, 2007 Opinion or Order Filing 127 Memorandum and Order (Related Doc #79 )(Related Doc # 87 that the court grants Citrixs motion for leave to file an amended answer and counterclaim (Doc. No. 79), and denies Citrixs motion for partial reconsideration (Doc. No. 87). Signed by Judge Ann Aldrich on 8-28-07.(K,V)
August 17, 2007 Filing 126 Opposition to #124 Motion to Preclude 01 Communique from Introducing or Relying Upon Undisclosed Evidence and Contentions and Opposition to #125 Amended Memorandum in Support of Motion to Preclude 01 Communique from Introducing or Relying Upon Undisclosed Evidence and Contentions filed by 01 Communique Laboratory, Inc.. (Attachments: #1 Exhibit A, Notice of 30(b)(6) Deposition#2 Exhibit B, Plaintiff's Supplemental Response to Interrogatories dated July 19, 2006#3 Exhibit C, Juniper Networks, Inc. v. Toshiba America, Inc., 2007 U.S. Dist. LEXIS 50096 (June 11, 2007)#4 Exhibit D, Letter from K. Sheehan to D. Kline dated July 26, 2007#5 Exhibit E, Letter from J. Lent to K. Sheehan dated July 30, 2007#6 Exhibit F, Letter from C. Moser to R. Blasi dated September 11, 2006)(Sheehan, Kenneth) Modified text on 8/20/2007 (B, B).
July 31, 2007 Filing 125 Amended Memorandum In Support of #124 Motion to Preclude 01 Communique from Introducing or Relying Upon Undisclosed Evidence and Contentions filed by Citrix Online, LLC, Citrix Systems, Inc.. (Attachments: #1 Exhibit A - Citrix's First Set of Interrogatories to 01 Communique#2 Exhibit B - Plaintiff's Responses to Defendants' First Set of Interrogatories#3 Exhibit C - 8/30/06 letter from Blasi to Moser#4 Exhibit D - 9/11/06 letter from Moser to Blasi#5 Exhibit E - 9/18/06 letter from Blasi to Moser#6 Exhibit F - 9/26/06 letter from Moser to Blasi#7 Exhibit G - 9/28/06 letter from Blasi to Moser#8 Exhibit H - 10/2/06 letter from Moser to Blasi#9 Exhibit I - 10/12/06 letter from Blasi to Sheehan#10 Exhibit J - 6/29/07 letter from Lent to Kwok#11 Exhibit K - Defendants' Second Set of Interrogatories#12 Exhibit L - 3/5/07 letter from Goldstone to Kwok#13 Exhibit M - 3/5/07 letter from Kwok to Goldstone#14 Exhibit N - 3/12/07 letter from Bergmann to Goldstone#15 Exhibit O - 3/15/07 letter from Goldstone to Bergmann#16 Exhibit P - 3/19/07 letter from Kwok to Goldstone#17 Exhibit Q - 7/11/07 joint letter to Judge Perelman#18 Exhibit R - Plaintiff's Supplemental Response to Interrogatories 2,13 and 14 of Defendants' First Set of Interrogatories)(Cipolla, John) Modified text on 8/2/2007 (B, B).
July 23, 2007 Filing 124 Motion to Preclude 01 Communique from Introducing or Relying Upon Undisclosed Evidence and Contentions filed by Citrix Online, LLC, Citrix Systems, Inc.. (Attachments: #1 Brief in Support of Citrix's Motion to Preclude 01 Communique from Introducing or Relying Upon Undisclosed Evidence and Contentions#2 Exhibit A - Citrix's First Set of Interrogatories to 01#3 Exhibit B - Plaintiff's Responses to Defendants' First Set of Interrogatories#4 Exhibit C - 8/30/06 letter from Blasi to Moser#5 Exhibit D - 9/11/06 letter from Moser to Blasi#6 Exhibit E - 9/18/06 letter from Blasi to Moser#7 Exhibit F - 9/26/06 letter from Moser to Blasi#8 Exhibit G - 9/28/06 letter from Blasi to Moser#9 Exhibit H - 10/2/06 letter from Moser to Blasi#10 Exhibit I - 10/12/06 letter from Blasi to Sheehan#11 Exhibit J - 6/29/07 letter from Lent to Kwok#12 Exhibit K - Defendants' Second Set of Interrogatories#13 Exhibit L - 3/5/07 letter from Goldstone to Kwok#14 Exhibit M - 3/5/07 letter from Kwok to Goldstone#15 Exhibit N - 3/12/07 letter from Bergmann to Goldstone#16 Exhibit O - 3/15/07 letter from Goldstone to Bergmann#17 Exhibit P - 3/19/07 letter from Kwok to Goldstone#18 Exhibit Q - 7/11/07 Joint Letter to Judge Perelman)(Cipolla, John) Modified text on 7/24/2007 (B, B).
July 12, 2007 Opinion or Order Filing 123 Order. This Court being advised by counsel that the following motions are being withdrawn: (1)Defendant's motion to compel discovery and to compel responses to interrogatories nos. 4 and 21 and for sanctions (Related Doc #89 ); (2) Plaintiff's motion for sanctions (Related Doc # 94 ); (3)Plaintiff's motion in limine (Related Doc # 95 ); (4) Plaintiff's motion to compel discovery (Related Doc # 99 ). It is ordered that each of the foregoing motions is dimissed. Signed by Magistrate Judge David S. Perelman on 7/12/07.(W,Jo)
June 1, 2007 Opinion or Order Filing 122 Order modifying order of referral [doc 120] to reflect that the motion to show cause filed by 01 [doc 101] is no longer referred to the magistrate judge. Signed by Judge Ann Aldrich on 6/1/07.(K,V) Modified text on 6/5/2007 (B, B).
May 31, 2007 Filing 121 Reply in support of #101 Motion to show cause Why Citrix Should Not Be Held in Contempt for Withholding Source Code filed by 01 Communique Laboratory, Inc.. (Attachments: #1 Exhibit G. Court's January 19, 2007 Order#2 Exhibit H. Letter from Kline to Hon. Ann Aldrich of August 18, 2006#3 Exhibit I. Defendant's Response to Plaintiff's Requests for Production of Documents, Nos. 14-18#4 Exhibit J. Letter from Moser to Blasi of July 6, 2006)(Bergmann, William)
May 30, 2007 Opinion or Order Filing 120 Order referring case to Magistrate Judge David S. Perelman for General Pretrial Supervison and Report and Recommendation. Pursuant to 28 U.S.C. 636(b)(1)(A) and (b)(3) and Local Civil Rule 72.2(a), all of the parties discovery disputes are hereby referred to the magistrate judge for determination (not merely for a report and recommendation), including, but not limited to:Citrixs motion to compel discovery and to compel responses to interogatory Nos. 4 and 21 and for Sanctions (Doc. No. 89); Citrixs motion to compel discovery (Doc. No. 93); 01's motion for sanctions (Doc. No. 94); 01's motion in limine (Doc. No. 95); 01's motion to compel discovery (Doc. No. 99); 01's motion to show cause (Doc. No. 101). Additionally, the new case deadlines are as follows: Discovery Deadlines:Fact Discovery: July 12, 2007 Citrixs ID of Prior Art: July 12, 2007; Initial Expert Reports: August 3, 2007 Rebuttal Expert Reports: August 24, 2007; Close of Expert Discovery: September 14, 2007; Dispositive Motions Due: October 19, 2007;Trial Date (Subject to Back-up): January 28, 2008 at 9:00 a.m.. Signed by Judge Ann Aldrich on 5-30-07.(K,V)
May 18, 2007 Filing 119 Reply in support of 95 Motion in limine filed by 01 Communique Laboratory, Inc.. (Attachments: #1 Exhibit G. January 19, 2007 Order#2 Exhibit H. Defendants' Response to Plaintiff's First Set of Requests for Production of Documents#3 Exhibit I. July 6, 2006 Letter to Blasi from Moser#4 Exhibit August 18, 2006. Letter to Court from Kline#5 Exhibit K. April 30, 2007 Letter to Lent from DeWitte#6 Exhibit L. July 24, 2006 Letter to Court from Shunk#7 Exhibit M. February 12, 2007 Letter to Court from Sheehan#8 Exhibit N. August 29, 2006 Letter to Blasi from Kwok#9 Errata O. August 30, 2006 Letter to Blasi from Kwok#10 Supplement 2004 U.S. Dist LEXIS 27296)(Bergmann, William)
May 18, 2007 Filing 118 Exhibit 5 to opposition to plaintiff's motion to show cause re: w/holding source code filed by all defendants. Related document(s) #116 , #28 . Filed Under Seal.(C,KA)
May 18, 2007 Filing 117 Exhibit 5 to revised opposition to plaintiff's motion to preclude non-infringement evidence filed by all defendants. Related document(s) #28 , #115 . Filed Under Seal.(C,KA)
May 17, 2007 Filing 116 Opposition to #101 Motion to show cause Why Citrix Should Not Be Held in Contempt for Withholding Source Code filed by Citrix Online, LLC, Citrix Systems, Inc.. (Attachments: #1 Exhibit 1 - Declaration of Scott Marshall#2 Exhibit 2 - 8/23/06 correspondence from Ahdoot to Sheehan#3 Exhibit 3 - 2/13/07 correspondence from Meunier to Kwok#4 Exhibit 4 - 2/23/07 correspondence from Lent to DeWitte#5 Exhibit 6 - 9/8/06 correspondence from Meunier to Bergmann#6 Exhibit 7 - 2/9/07 correspondence from Meunier to DeWitte)(Yanchar, Georgia)
May 17, 2007 Filing 115 Motion for leave to File a Revised Opposition to 01's Motion to Preclude Citrix from Offering Evidence of Non-Infringement at Trial filed by Citrix Online, LLC, Citrix Systems, Inc.. (Attachments: #1 Revision Citrix's Revised Opposition to 01's Motion to Preclude Citrix from Offering Evidence of Non-Infringement at Trial#2 Exhibit 1 - Declaration of Scott Marshall#3 Exhibit 2 - 8/23/06 correspondence from Ahdoot to Sheehan#4 Exhibit 3 - 2/13/07 correspondence from Meunier to Kwok#5 Exhibit 4 - 2/23/07 correspondence from Lent to DeWitte#6 Exhibit 6 - 9/8/06 correspondence from Meunier to Bergmann#7 Exhibit 7 - 2/9/07 correspondence from Meunier to DeWitte)(Yanchar, Georgia)
May 15, 2007 Filing 114 Reply in support of 94 Motion for sanctions filed by 01 Communique Laboratory, Inc. Filed Under Seal (other related doc #28 ). (C,KA)
May 14, 2007 Filing 113 Reply Memorandum and Exhibits In Support of their #89 Motion to compel discovery and to Compel Responses to Interrogatory Nos. 4 and 21 and for Sanctions filed by Citrix Online, LLC, Citrix Systems, Inc. (FILED UNDER SEAL) (E,P)
May 11, 2007 Filing 111 Reply in support of 93 Motion to compel discovery and Production of Documents Improperly Withheld by 01 filed by Citrix Online, LLC, Citrix Systems, Inc.. (Yanchar, Georgia)
May 10, 2007 Filing 112 Exhibit K filed by all defendants. Related document(s) #28 , #110 . Filed Under Seal.(C,KA)
May 9, 2007 Filing 110 Opposition to 99 Motion to compel discovery and Production of Documents filed by Citrix Online, LLC, Citrix Systems, Inc.. (Attachments: #1 Exhibit A - 3/16/07 letter from Lent to Kwok#2 Exhibit B - 2/13/07 letter from Lent to Kwok#3 Exhibit C - 2/21/07 letter from Kwok to Lent#4 Exhibit D - 3/1/07 letter from Lent to Kwok#5 Exhibit E - 3/12/07 email from Lent to Kwok#6 Exhibit F - 3/22/07 letter from Lent to DeWitte#7 Exhibit G - 3/30/07 letter from Lent to DeWitte#8 Exhibit H - 3/21/07 letter from Kwok to Lent#9 Exhibit I - 4/6/07 letter from Kwok to Lent#10 Exhibit J - 4/10/07 letter from Ahdoot to Kwok)(Yanchar, Georgia)
May 7, 2007 Filing 109 Exhibit 5 to Citrix's opposition to motion to preclude citrix from offering evidence of non-infringement at trial filed by Citrix Online, LLC, Citrix Systems, Inc. FILED UNDER SEAL. Related document(s) #107 . (R,Sh)
May 7, 2007 Filing 108 Exhibit D to Citrix's opposition to motion for sanctions filed by Citrix Online, LLC, Citrix Systems, Inc. FILED UNDER SEAL. Related document(s) #106 . (R,Sh)
May 4, 2007 Filing 107 Opposition to 95 Motion in limine to Preclude Citrix from Offering Evidence of Non-Infringement filed by all defendants. (Attachments: #1 Exhibit 1#2 Exhibit 2#3 Exhibit 3#4 Exhibit 4#5 Exhibit 6#6 Exhibit 7)(Yanchar, Georgia)
May 4, 2007 Filing 106 Opposition to 94 Motion for sanctions filed by Citrix Online, LLC, Citrix Systems, Inc.. (Attachments: #1 Exhibit A - 5/2/07 letter from Kwok to Ahdoot#2 Exhibit B - Plaintiff's Notice of Deposition Duces Tecum#3 Exhibit C - Deposition Testimony of Brian Donahoo)(Yanchar, Georgia)
May 2, 2007 Filing 105 Opposition to defendants' motion(s) to compel production of documents (related docs #28 , #89 and 93 ) filed by 01 Communique Laboratory, Inc.Filed Under Seal. (C,KA)
May 1, 2007 Filing 104 Opposition to #89 Motion to compel discovery and to Compel Responses to Interrogatory Nos. 4 and 21 and for Sanctions filed by 01 Communique Laboratory, Inc.. (Attachments: #1 Exhibit A, Plaintiff's Responses to Defendant's First Set of Interrogatories#2 Exhibit B, Plaintiff's Responses to Defendants' Second Set of Interrogatories#3 Exhibit C, Certification of Brian Stringer#4 Exhibit D, Friskit, Inc. v. Real Networks, Inc. (unpublished)#5 Exhibit E, Motorola, Inc. v. Alexander Mfg. Co. (unpublished)#6 Exhibit F, Sunrich Food Group, Inc. v. Pac. Foods, Inc. (unpublished)#7 Exhibit G, Safeclick LLC v. Visa Int'l Serv. Ass'n (unpublished))(Bergmann, William) Modified text on 5/2/2007 (B, B).
May 1, 2007 Filing 103 Supplement to Motion to Show Cause Why Citrix Should Not Be Held In Contempt For Withholding Source Code filed by 01 Communique Laboratory, Inc.. Related document(s) #101 . (Attachments: #1 Appendix A, Appraisal Mgmt. Co. III, LLC v. FNC, Inc.#2 Appendix B, Carpenters Dist. Council v. Coussens#3 Appendix C, New York Univ. v. E. Piphany, Inc.#4 Appendix D, S. Wasbash Communications, Ltd. v. Union County Broadcasting Co.)(Sheehan, Kenneth)
April 30, 2007 Filing 102 Reply in support of 87 Motion for partial reconsideration of 3/13/07 order filed by all defendants. Filed Under Seal (related doc #28 ). (C,KA)
April 30, 2007 Filing 101 Motion to show cause Why Citrix Should Not Be Held in Contempt for Withholding Source Code filed by 01 Communique Laboratory, Inc.. (Attachments: #1 Exhibit A, Letter from Shunk to the Court#2 Exhibit B, Letter from DeWitte to Meunier#3 Exhibit C, E-mail from Tyson to Meunier#4 Exhibit D, Letter from Lent to DeWitte#5 Exhibit E, Letter from Bergmann to Meunier#6 Exhibit F, Letter from Sheehan to Meunier)(Sheehan, Kenneth)
April 30, 2007 Filing 100 Motion for Order to Exceed Page Limit filed by Citrix Online, LLC, Citrix Systems, Inc.. (Cipolla, John)
April 25, 2007 Filing 99 Motion to compel discovery filed by 01 Communique Laboratory, Inc. Related document(s) #28 . Filed Under Seal.(C,KA) Modified text on 7/24/2007 (B, B). (Document withdrawn pursuant to the order dated 7/12/2007. Please see Document #123).
April 23, 2007 Filing 98 Reply to response to #79 Motion for leave to File an Amended Answer and Counterclaim filed by all defendants (other related doc #28 ). Filed Under Seal. (C,KA)
April 23, 2007 Filing 97 Addendum to 4-4-07 Letter of request for international judicial assistance. (K,V)
April 23, 2007 Filing 96 Unopposed Motion for Order to Add Addendum to April 4, 2007 Letter of Request for International Judicial Assistance Pursuant to the Hague Convention filed by Citrix Online, LLC, Citrix Systems, Inc.. Related document(s) #85 . (Attachments: #1 Addendum to April 4, 2007 Letter of Request for International Judicial Assistance Pursuant to the Hague Convention)(Yanchar, Georgia)
April 23, 2007 Opinion or Order Order [non-document]granting defendants' motion for order to add addendum to 4-4-07 Letters Rogatory (Related Doc #96 ). Judge Ann Aldrich(K,V) Modified text on 4/24/2007 (B, B).
April 20, 2007 Filing 95 Motion in limine precluding non-infringement evidence filed by 01 Communique Laboratory, Inc. Related document(s) #28 . Filed Under Seal.(C,KA) Modified text on 7/24/2007 (B, B). (Document withdrawn pursuant to the order dated 7/12/2007. Please see Document #123)
April 20, 2007 Filing 94 Motion for sanctions filed by 01 Communique Laboratory, Inc. Related document(s) #28 . Filed Under Seal.(C,KA) Modified text on 7/24/2007 (B, B). (Document withdrawn pursuant to the order dated 7/12/2007. Please see Document #123)
April 18, 2007 Filing 93 Motion to compel discovery filed by all defendants. Related document(s) #28 . Filed Under Seal.(C,KA)
April 18, 2007 Filing 92 Motion for Leave to Exceed Page Limit and Opposition to Motion for Partial Reconsideration of the Court's March 13, 2007 Order filed by 01 Communique Laboratory, Inc.. Related document(s) 87 . (Attachments: #1 Exhibit March 9, 2007 Letter from DeWitte to Meunier#2 Exhibit Transcript Excerpts from Steven Meyer Deposition#3 Exhibit Meyer Deposition Exhibit 8)(Sheehan, Kenneth) Modified text on 4/19/2007 (B, B).
April 18, 2007 Filing 91 Exhibit(s)E, F and G filed by all defendants to memorandum in support of motion to compel responses to interrogatory Nos 4 and 21 and for sanctions. (FILED UNDER SEAL) Related document(s) #89 . (S,J)
April 18, 2007 Filing 90 Notice of Manual Filing of Exhibits E, F and G to the memorandum in support of their motion to compel responses to Interrogatories 4 and 21 and for sanctions filed by Citrix Online, LLC, Citrix Systems, Inc.. Related document(s) #89 .(Yanchar, Georgia) Modified text on 4/19/2007 (B, B).
April 17, 2007 Filing 89 Motion to compel discovery Responses to Interrogatory Nos. 4 and 21 and for Sanctions filed by Citrix Online, LLC, Citrix Systems, Inc.. (Attachments: #1 Brief in Support of Motion to Compel Responses to Interrogatory Nos. 4 and 21 and for Sanctions#2 Exhibit A - Citrix's First Set of Interrogatories#3 Exhibit B - Plaintiff's Responses to Defendants' First Set of Interrogatories#4 Exhibit C - 7/7/06 letter from Meunier to Moser#5 Exhibit D - 8/10/06 letter from DeWitte to Blasi#6 Exhibit H - 2/16/07 letter from Goldstone to Sheehan#7 Exhibit I - 3/7/07 letter from Goldstone to Sheehan#8 Exhibit J - 3/9/07 letter from Sheehan to Goldstone#9 Exhibit K - 3/19/07 letter from Sheehan to Goldstone#10 Exhibit L - Plaintiff's Opposition to Citrix's Motion for Leave to File Amended Answer and Counterclaim#11 Exhibit M - 6/21/06 letter from Moser to Blasi#12 Exhibit N - 3/2/07 letter from Goldstone to Sheehan#13 Exhibit O - 3/16/07 letter from Goldstone to Sheehan#14 Exhibit P - 3/22/07 letter from Goldstone to Sheehan#15 Exhibit Q - Defendants' Second Set of Interrogatories#16 Exhibit R - Plaintiff's Responses to Defendants' Second Set of Interrogatories#17 Exhibit S - 2/21/07 letter from Kwok to Goldstone#18 Exhibit T - 3/5/07 letter from Goldstone to Kwok#19 Exhibit U - 3/5/07 letter from Kwok to Goldstone#20 Exhibit V - 3/15/07 letter from Goldstone to Bergmann and Kwok#21 Exhibit W - 3/19/07 letter from Kwok to Goldstone#22 Exhibit X - Plaintiff's First Set of Interrogatories to Defendants#23 Exhibit Y - 3/12/07 letter from Bergmann to Goldstone#24 Exhibit Z - Dodson v. Lowe's Home Center#25 Exhibit AA - Appraisal Management v. FNC#26 Exhibit BB - Comparison of Interrogatories 5 and 21#27 Exhibit CC - Friskit, Inc. v. Real Networks#28 Exhibit DD - Tdata v. Aircraft Technical Publishers)(Yanchar, Georgia) Modified text on 4/18/2007 (B, B). Modified text on 7/24/2007 (B, B). (Document withdrawn pursuant to the order dated 7/12/2007, please see Document #123)
April 9, 2007 Filing 88 Opposition to to File an Amended Answer and Counterclaim filed by 01 Communique Laboratory, 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) (Related doc #79 , 82 ) (Bergmann, William) Modified text on 4/11/2007 (B, B).
April 4, 2007 Filing 87 Motion for partial reconsideration of 3/13/07 order filed by all defendants. Related document(s) #28 . Filed Under Seal. (C,KA)
April 4, 2007 Filing 86 Remark - Letter of request for international judicial assistance to Canadian Superior Court of Justice of Ontario. 3 certified copies issued (K,V)
April 4, 2007 Opinion or Order Filing 85 Order granting Citrix Systems, Inc.'s and Citrix Online, LLC's Motion for order for issuance of Letters Rogatory(Related Doc #78 ) regarding foreign authorization to take deposition of Canadian citizen. Signed by Judge Ann Aldrich on 4-4-07.(K,V) Modified text on 4/5/2007 (B, B).
March 30, 2007 Filing 84 Response to #78 Motion for the Issuance of a Letter of Request for International Judicial Assistance Pursuant to the Hague Convention filed by 01 Communique Laboratory, Inc.. (Bergmann, William)
March 27, 2007 Filing 83 Minutes of proceedings.Discovery Hearing held on 3-23-07. Discovery cutoff: Fact-5/31/07; Citrix Id: 5/31/07; Initial Expert Reports: 6/22/07; Rebuttal Expert Reports: 7/13/07; Close of Expert Discovery: 8/3/07. Dispositive motions due: 9/7/07; Trial reset 11/13/07 Judge Ann Aldrich. (Court Reporter none.) (K,V)
March 22, 2007 Filing 82 Motion for leave to file an amended answer and counterclaim filed by all defendants. Related document(s) #28 , #81 . Filed Under Seal.(C,KA)
March 22, 2007 Opinion or Order Filing 81 Marginal Order granting 01 Communique Laboratory, Inc.'s Motion to withdraw document and put them under seal (Related Doc #80 ). Signed by Judge Ann Aldrich on 3-22-07.(K,V) Modified text on 3/23/2007 (B, B).
March 22, 2007 Filing 80 Motion to withdraw document filed by Citrix in violation of stipulated protective order filed by 01 Communique Laboratory, Inc.. (Moser, Christina)
March 21, 2007 Filing 79 Motion for leave to File an Amended Answer and Counterclaim filed by Citrix Online, LLC, Citrix Systems, Inc.. Related document(s) #15 . (Attachments: #1 Brief in Support #2 Exhibit A - Amended Answer and Counterclaim#3 Exhibit B - 01's 6/16/00 Original Application#4 Exhibit C - 01's 11/17/03 Amendment#5 Exhibit D - 01's 12/9/03 Amendment#6 Exhibit E - 01's 6/9/04 Request for Continued Examination#7 Exhibit F - 01's 11/18/04 Office Action Response#8 Exhibit G - Declaration of Andrew Cheung#9 Exhibit H - Deposition Transcript of Pedro Nascimento#10 Exhibit I - Deposition Transcript of Steven Meyer)(Cipolla, John)
March 21, 2007 Filing 78 Motion for the Issuance of a Letter of Request for International Judicial Assistance Pursuant to the Hague Convention filed by Citrix Online, LLC, Citrix Systems, Inc.. (Attachments: #1 Exhibit A - Proposed Order#2 Exhibit B - Letter of Request)(Cipolla, John)
March 20, 2007 Opinion or Order Filing 77 Marginal Order granting A. Neal Seth pro hac vice on behalf of plaintiff. Signed by Judge Ann Aldrich on 3-20-07. (Related doc #76 ) (K,V) Modified to create link on 3/21/2007 (B, B).
March 19, 2007 Filing 76 Affidavit in Support of Motion to Admit A. Neal Seth Pro Hac Vice filed by 01 Communique Laboratory, Inc.. Related document(s) #71 . (Moser, Christina) Modified text on 3/21/2007 (B, B).
March 16, 2007 Filing 75 Declaration of A. Neal Seth in Support of Motion to Admit Pro Hac Vice filed by plaintiff. Related document(s) #74 , #71 . (Moser, Christina) Modified text on 3/19/2007 (B, B).
March 15, 2007 Filing 74 Addendum in support of Motion for attorney A. Neal Seth to Appear Pro Hac Vice Filing fee 100, receipt number 2363167. filed by all plaintiffs. Filing fee paid; receipt number 2363167. Related document(s) #71 . (Moser, Christina) Modified text on 3/16/2007 (B, B).
March 13, 2007 Opinion or Order Filing 73 Memorandum and Order granting plaintiff's Motion to compel discovery (Related Doc #52 ). Discovery scheduling Hearing set for 3/23/2007 01:30 PM in Courtroom 17B before Hon. Ann Aldrich. Signed by Judge Ann Aldrich on 3/13/07.(C,KA)
March 8, 2007 Opinion or Order Filing 72 Marginal Order denying 01 Communique Laboratory, Inc.'s Motion for appearance of A. Neal Seth. Refer to Local Rule 83.5(h) pro hac vice by (Related Doc #71 ). Signed by Judge Ann Aldrich on 3-8-07.(K,V) Modified text on 3/9/2007 (B, B).
March 6, 2007 Filing 71 Motion for attorney A. Neal Seth to Appear Pro Hac Vice Filing fee 100, receipt number 2363167. filed by 01 Communique Laboratory, Inc.. (Attachments: #1 Declaration of A. Neal Seth)(Shunk, Thomas) Modified text on 3/8/2007 (B, B).
February 12, 2007 Filing 70 Reply to Response to #56 Motion for Order Setting a Scheduling Hearing (Response to 01's Surreply) filed by all defendants. (Attachments: #1 Exhibit E, 12/15/06 email#2 Exhibit F, 1/8/07 email#3 Exhibit G, Notice of Deposition of Pedro Nascimento#4 Exhibit H, 1/23/07 letter#5 Exhibit I, 1/30/07 letter#6 Exhibit J, 1/31/07 letter#7 Exhibit K, 2/1/07 letter#8 Exhibit L, Defendants' Response to Plaintiff's 1st Request for Production)(Cipolla, John) Modified text of docket entry on 2/13/2007 (B, B).
February 8, 2007 Filing 69 Reply to #52 Motion to compel discovery of financial documents filed by 01 Communique Laboratory, Inc.. (Attachments: #1 Appendix of Unreported Decisions)(Moser, Christina)
January 30, 2007 Filing 68 Sur-Reply to Citrix's #56 Motion for Order Setting a Scheduling Hearing filed by 01 Communique Laboratory, Inc.. (Sheehan, Kenneth)
January 29, 2007 Filing 67 Exhibit F to opposition to motion to compel production of financial documents documents filed by all defendants. Related documents #28 and #65 . Filed Under Seal.(C,KA)
January 29, 2007 Filing 66 Reply to #56 Motion for Order Setting a Scheduling Hearing filed by Citrix Online, LLC, Citrix Systems, Inc.. (Attachments: #1 Exhibit A, 1/23/07 letter to Sheehan#2 Exhibit B, 1/19/07 letter to Blasi#3 Exhibit C, 9/15/06 letter to Sheehan#4 Exhibit D, 10/12/06 letter to Sheehan)(Cipolla, John)
January 29, 2007 Filing 65 Opposition to #52 Motion to compel discovery and Production of Financial Documents filed by Citrix Online, LLC, Citrix Systems, Inc.. (Attachments: #1 Exhibit A, Citrix Systems' First Set of Requests for Production of Documents and Things#2 Exhibit B, 12/4/06 letter#3 Exhibit C, 1/2/07 letter#4 Exhibit D, 1/5/07 letter#5 Exhibit E, 1/19/07 letter#6 Exhibit F, FILED UNDER SEAL#7 Exhibit G, 10/17/06 letter#8 Exhibit H, 10/26/06 letter#9 Exhibit I, 10/24/06 letter#10 Exhibit J, 11/1/06 letter#11 Exhibit K, Plaintiff's Responses to Defendants' First Set of Interrogatories#12 Exhibit L, 9/28/06 letter#13 Exhibit M, 10/12/06 letter#14 Exhibit N, Plaintiff's First Set of Requests for Production of Documents)(Cipolla, John)
January 19, 2007 Opinion or Order Filing 64 Order that Citrix shall load all of the requested source code onto a dedicated server so that 01 can access the source code via the internet. In addition, the parties are in dispute over Citrix's refusal to produce requested patent applications. The court orders Citrix to produce all patent applications, whether pending, abandoned, published or unpublished, including their file histories and related documents that are within Citrix's possession, custody or control that relate to the accused infringing systems or asserted prior art including, but not limited to GoToMyPC, GoToAssist, GoToMeeting,DesktopStreaming, I'm InTouch and/or BuddyHelp. Signed by Judge Ann Aldrich on 1-19-07. (K,V)
January 17, 2007 Opinion or Order Filing 63 Marginal Order adding attorney David J. Goldstone for Citrix Online, LLC and Citrix Systems, Inc. and granting motion to be admitted pro hac vice for David J. Goldstone. Signed by Judge Ann Aldrich on 1-17-07. (K,V) Modified on 2/7/2007 adding motion to be admitted pro hac vice was granted per clarification with VK (Gallagher, Colleen).
January 16, 2007 Filing 62 Response to Motion for Order Setting a Scheduling Hearing , With Proposed Discovery Schedule, filed by 01 Communique Laboratory, Inc.. Related document(s) #56 . (Shunk, Thomas)
January 16, 2007 Filing 61 Supplement to Motion for Admission Pro Hac Vice for David J. Goldstone filed by Citrix Online, LLC, Citrix Systems, Inc.. Related document(s) #54 . (Yanchar, Georgia)
January 16, 2007 Opinion or Order Filing 60 Marginal Order accepting modification to motion pro hac vice and granting motion to be admitted pro hac vice in reference to Jonathan W. Lent. Signed by Judge Ann Aldrich on 1-16-07. (K,V) Modified on 2/7/2007 correcting spelling of attorney's first name and granting motion to be admitted pro hac vice per order (Gallagher, Colleen).
January 12, 2007 Filing 59 Supplement to Motion for Admission Pro Hac Vice of Jonathon W. Lent filed by Citrix Online, LLC, Citrix Systems, Inc.. Related document(s) #53 . (Yanchar, Georgia)
January 12, 2007 Opinion or Order Filing 58 MarginalOrder denying Motion for appearance of David J. Goldstone pro hac vice on behalf of defendants for failure to comply with L.R. 83.5(h) (Related Doc #54 ). Signed by Judge Ann Aldrich on 1-12-07.(K, V) Modified text of docket entry on 1/24/2007 (B, B).
January 12, 2007 Opinion or Order Filing 57 MarginalOrder denying Motion of Jonathan W. Lent for appearance pro hac vice on behalf of defendants for failure to comply with L.R. 83.5(h) (Related Doc #53 ). Signed by Judge Ann Aldrich on 1-12-07.(K, V) Modified text of docket entry on 1/24/2007 (B, B).
January 11, 2007 Filing 56 Motion for Order Setting a Scheduling Hearing filed by Citrix Online, LLC, Citrix Systems, Inc.. (Cipolla, John)
January 11, 2007 Filing 55 Notice of Withdrawal of Appearance for Richard B. Myrus filed by Citrix Online, LLC, Citrix Systems, Inc.. (Meunier, William)
January 11, 2007 Filing 54 Motion for attorney David J. Goldstone to Appear Pro Hac Vice Filing fee 100, receipt number 2286948. filed by Citrix Online, LLC, Citrix Systems, Inc.. (Attachments: #1 Declaration of David J. Goldstone)(Yanchar, Georgia) Modified text of docket entry on 1/12/2007 (B, B).
January 11, 2007 Filing 53 Motion for attorney Jonathan W. Lent to Appear Pro Hac Vice Filing fee 100, receipt number 2286907. filed by Citrix Online, LLC, Citrix Systems, Inc.. (Attachments: #1 Declaration of Jonathan W. Lent)(Yanchar, Georgia) Modified text of docket entry on 1/12/2007 (B, B).
January 10, 2007 Filing 52 Motion to compel discovery filed by 01 Communique Laboratory, Inc.. (Attachments: #1 Brief in Support #2 Exhibit A#3 Exhibit B#4 Exhibit C#5 Exhibit D#6 Exhibit E#7 Exhibit F#8 Exhibit G#9 Exhibit H)(Moser, Christina)
December 1, 2006 Filing 51 Reply Post-Markman Hearing Brief filed by 01 Communique Laboratory, Inc.. (Attachments: #1 Exhibit O#2 Exhibit P) (Bergmann, William)
December 1, 2006 Filing 50 Post Markman Brief in Response to Plaintiff's Post-Hearing Brief filed by Citrix Online, LLC, Citrix Systems, Inc.. (Attachments: #1 Exhibit 26#2 Exhibit 27#3 Exhibit 28)(Cipolla, John)
November 17, 2006 Filing 49 Post-Hearing Brief on Patent Claim Construction Brief filed by 01 Communique Laboratory, Inc.. (Attachments: #1 Brief in Support 01 Communique's Post-Hearing Patent Claim Construction Brief#2 Exhibit A to D#3 Exhibit E-G#4 Exhibit H-N) (Bergmann, William) Modified text of docket entry on 11/27/2006 (B, B).
November 17, 2006 Filing 48 Supplemental Markman Brief (Post-Hearing Claim Construction Brief) filed by Citrix Online, LLC, Citrix Systems, Inc.. (Attachments: #1 Exhibit 19#2 Exhibit 20#3 Exhibit 21#4 Exhibit 22#5 Exhibit 23#6 Exhibit 24#7 Exhibit 25)(Cipolla, John)
November 17, 2006 Filing 47 Transcript of Markman Proceedings held on 11/2/06 before Judge Ann Aldrich filed manually. To obtain a bound copy of this transcript please contact Court Reporter Angela D. Nixon at 419-260-5259. Complete document on file, 201 pages. (G, D)
November 3, 2006 Filing 46 Exhibit/Witness List regarding Markman Hearing held 11-2-06 (K, V)
November 3, 2006 Minutes of proceedings [non-document].Markman Hearing held on 11/2/06 before Judge Ann Aldrich. Patent claim construction hearing construing terms in 01's patent claims. Testimony taken. Additional briefing will be filed by both parties on 11/17/06, with a 20 page limit. Responses are due by 12/1/06 with a 10 page limit. (Court Reporter Angela Nixon.) (K, V)
October 31, 2006 Opinion or Order Order [non-document] granting Motion for appearance pro hac vice by attorney Richard B. Myrus for Citrix Online, LLC and Citrix Systems, Inc. (Related Doc #45 ). Approved by Judge Ann Aldrich on 10-31-06.(K, V) Modified text of docket entry on 11/1/2006 (B, B).
October 30, 2006 Filing 45 Motion for attorney Richard B. Myrus to Appear Pro Hac Vice Filing fee 190, receipt number 14660004483. filed by Citrix Online, LLC, Citrix Systems, Inc.. Filing fee paid; receipt number 14660004483. (Attachments: #1 Delcaration of Richard B. Myrus)(Yanchar, Georgia)
October 30, 2006 Financial Transaction in the amount of $190.00 received for motion to appear pro hac vice by attorney Richard B. Myrus, Receipt # 14660004483 (C, BA)
October 27, 2006 Opinion or Order Order [non-document] granting motions by plaintiff for appearance pro hac vice by attorneys Annette Kwok, Phong D. Nguyen and Conrad J. DeWitte, Jr for 01 Communique Laboratory, Inc. (Related Doc #42 ),(Related Doc #43 ), (Related Doc #44 ). Judge Ann Aldrich(K, V)
October 26, 2006 Filing 44 Motion for attorney Conrad J. DeWitte, Jr. to Appear Pro Hac Vice Filing fee 190, receipt number 2190716. filed by 01 Communique Laboratory, Inc.. (Attachments: #1 Exhibit A -- DeWitte Declaration)(Moser, Christina)
October 26, 2006 Filing 43 Motion for attorney Phong D. Nguyen to Appear Pro Hac Vice Filing fee 190, receipt number 2190703. filed by 01 Communique Laboratory, Inc.. (Attachments: #1 Exhibit A -- Nguyen Declaration)(Moser, Christina)
October 26, 2006 Filing 42 Motion for attorney Annette Kwok to Appear Pro Hac Vice Filing fee 190, receipt number 2190407. filed by 01 Communique Laboratory, Inc.. (Attachments: #1 Exhibit A -- Declaration of Annette Kwok)(Moser, Christina)
October 17, 2006 Filing 41 Reply Brief Regarding Claim Construction filed by 01 Communique Laboratory, Inc.. (Attachments: #1 Exhibit G#2 Exhibit H#3 Exhibit I#4 Exhibit J#5 Exhibit K#6 Exhibit L#7 Exhibit M#8 Exhibit N#9 Exhibit O#10 Exhibit P#11 Exhibit Q#12 Exhibit R#13 Exhibit S#14 Exhibit T#15 Exhibit U#16 Exhibit V) (Moser, Christina)
October 12, 2006 Opinion or Order Order [non-document] granting #40 01 Communique Laboratory, Inc.'s Motion to Extend Deadlines to file reply brief until 10-17-06. Judge Ann Aldrich (K, V) Modified text of docket entry on 10/13/2006 (B, B).
October 11, 2006 Filing 40 Unopposed Motion for extension of time to Reply to Markman Brief until October 17, 2006 filed by 01 Communique Laboratory, Inc.. (Moser, Christina) Modified text of docket entry on 10/13/2006 (B, B).
October 10, 2006 Filing 39 Markman Brief filed by all defendants. (Attachments: #1 Exhibit 2#2 Exhibit 3#3 Exhibit 1#4 Exhibit 4#5 Exhibit 5#6 Exhibit 6#7 Exhibit 7#8 Exhibit 8#9 Exhibit 9#10 Exhibit 10#11 Exhibit 11#12 Exhibit 12#13 Exhibit 13#14 Exhibit 14#15 Exhibit 15#16 Exhibit 16#17 Exhibit 17#18 Exhibit 18)(Yanchar, Georgia)
September 25, 2006 Filing 38 Markman Brief (Opening) filed by 01 Communique Laboratory, Inc.. (Attachments: #1 Exhibit A#2 Exhibit B#3 Exhibit C#4 Exhibit D#5 Exhibit E#6 Exhibit F)(Bergmann, William) Modified text of docket entry on 9/26/2006 (B, B).
September 25, 2006 Filing 37 Notice of Manual Filing of Exhibit B to Markman Brief filed by 01 Communique Laboratory, Inc.. (Moser, Christina)
September 8, 2006 Opinion or Order Order [non-document] granting joint motion to extend time to take expert depositions after Markman Discovery deadline #36 . 01 to take deposition of Christiansen 9-19-06; and Citrix to take deposition of Granger on 9-27-06. Judge Ann Aldrich (K, V)
September 7, 2006 Filing 36 Joint Motion for extension of time to Take Expert Depositions filed by 01 Communique Laboratory, Inc.. (Moser, Christina)
August 23, 2006 Filing 35 Joint Pre Markman Brief Claim Construction and Prehearing Statement filed by 01 Communique Laboratory, Inc.. (Attachments: #1 Exhibit A#2 Exhibit B#3 Exhibit C)(Moser, Christina) Modified text of docket entry on 8/24/2006 (B, B).
August 17, 2006 Filing 34 Transcript of Proceedings held on 8/15/06 before Judge Aldrich filed manually. To obtain a bound copy of this transcript please contact Court Reporter Judith A. Gage at 216-357-7238. Complete document on file, 34 pages. (E, P)
August 15, 2006 Opinion or Order Filing 33 Order following discovery hearing, directing parties to brief the issue of source code production, setting a deadline for election or waiver of the opinion of counsel defense to willful or bad faith infringement, and setting a limit of 20 terms for the claim construction hearing. Signed by Judge Ann Aldrich on 8/15/2006. (C,G)
August 15, 2006 Minutes of proceedings [non-document].Discovery Hearing held on 8/15/06 before Judge Ann Aldrich. Court heard counsel on discovery disputes, requested briefing on source code issue. (Court Reporter Judy Gage.) (K, V)
August 7, 2006 Filing 32 Notice of Hearing Discovery Hearing set for 8/15/2006 01:30 PM in Courtroom 17B before Hon. Ann Aldrich. (K, V)
August 2, 2006 Opinion or Order Order [non-document] granting #31 plaintiff's motion for extenstion until 8-23-06 to file joint claim construction and prehearing statement. Judge Ann Aldrich (K, V) Modified text of docket entry on 8/4/2006 (B, B).
August 1, 2006 Filing 31 Unopposed Motion for extension of filing of Joint Claim Construction and Prehearing Statement until August 23, 2006 filed by 01 Communique Laboratory, Inc.. (Moser, Christina)
July 11, 2006 Opinion or Order Filing 30 Order clarifying the Court's scheduling Order (related document #26 . Signed by Judge Ann Aldrich on 7/11/06. (C, Ca)
June 26, 2006 Opinion or Order Order [non-document] granting Motion for appearance pro hac vice by attorney William A. Meunier for Citrix Online, LLC and Citrix Systems, Inc. (Related Doc #29 ). Judge Ann Aldrich(K, V)
June 21, 2006 Filing 29 Motion for attorney William A. Meunier to Appear Pro Hac Vice Filing fee 190, receipt number 14660001968. filed by Citrix Online, LLC, Citrix Systems, Inc.. Filing fee paid; receipt number 14660001968. (Attachments: #1 Declaration of William A. Meunier)(Yanchar, Georgia)
June 21, 2006 Financial Transaction in the amount of $190.00 received for motion to appear pro hac vice by attorney William A. Meunier, Receipt # 14660001968 (R, Sh)
June 20, 2006 Opinion or Order Filing 28 Order granting stipulated motion for protective order (Related Doc #27 ). Signed by Judge Ann Aldrich on 6-20-06.(K, V)
June 12, 2006 Minutes of proceedings [non-document].Scheduling Conference held on 6-1-06. Parties presented argument on their respective proposals regarding scheduling of a claim construction (Markman) hearing. The court agreed to take the issue under advisement (1 hour) before Judge Ann Aldrich. (Court Reporter Shirle Perkins.) (K, V)
June 9, 2006 Filing 27 Motion for entry of stipulated protective order filed by all parties. (Moser, Christina) Modified text of docket entry on 6/12/2006 (B, B).
June 6, 2006 Opinion or Order Filing 26 Order scheduling Markman hearing to be held on 11/2/2006 at 09:00 AM at Courtroom 17B. Parties shall submit briefs and comply to the scheduling requirements set forth in the order. Signed by Judge Ann Aldrich on 6-6-06. (K, V)
May 31, 2006 Filing 25 Position Statement Regarding Claim Construction Timing filed by all defendants. (Attachments: #1 Exhibit A#2 Exhibit B#3 Exhibit C#4 Exhibit D)(Yanchar, Georgia) Modified text of docket entry on 6/1/2006 (B, B).
May 24, 2006 Opinion or Order Filing 24 Order Telephone Conference reset for 6/1/2006 02:30 PM to be held telephonically before Hon. Ann Aldrich. Parties are to submit by fax position statements regarding the Markman Hearing by 12:00 May 31, 2006. Signed by Judge Ann Aldrich on 5-24-06. (K, V) Modified on 5/25/2006 (S, R).
May 12, 2006 Filing 23 Corporate Disclosure Statement filed by Citrix Online, LLC. (Yanchar, Georgia)
May 12, 2006 Filing 22 Answer to Amended Complaint (Related Doc #15 ) filed by all defendants. (Yanchar, Georgia)
May 10, 2006 Opinion or Order Order [non-document] granting Motion for appearance pro hac vice by attorney Douglas J. Kline for Citrix Online and LLC and Citrix Systems, Inc. Judge Ann Aldrich (Related Doc #20 )(K, V)
May 5, 2006 Filing 21 Minutes of proceedings.Case Management Conference held on 5-5-06 before Judge Ann Aldrich. Fact Discovery: 10-20-06; Expert Reports: 10-27-06; Rebuttal Reports: 11-24-06. Discovery due by 12/15/2006. Parties to be Joined and Pleading Amendments due by 5/31/2006, Dispositive Motions due by 1/26/2007, Jury Trial set for 5/1/2007 09:00 AM in Courtroom 17B before Hon. Ann Aldrich. (K, V)
May 3, 2006 Filing 20 Motion for appearance pro hac vice of Douglas J. Kline by Citrix Online, LLC, Citrix Systems, Inc.. Filing fee $ 190, receipt number 14660000907. filed by Citrix Online, LLC, Citrix Systems, Inc.. Filing fee paid; receipt number 1466000098. (Attachments: #1 Declaration of Douglas J. Kline)(Yanchar, Georgia) Modified on 5/8/2006 (C, BA)(corrected receipt number).
May 3, 2006 Opinion or Order Order [non-document] granting Motion for appearance pro hac vice by attorney Robert S Blasi, Jr for Citrix Online, LLC and Citrix Systems, Inc. (Related Doc #19 ). Judge Ann Aldrich(K, V)
May 3, 2006 Financial Transaction in the amount of $190.00 received for motion to appear pro hac vice by attorney Douglas J. Kline, Receipt # 14660000907 (C, BA)
May 2, 2006 Filing 19 Motion for appearance pro hac vice of Robert S. Blasi, Jr. by Citrix Online, LLC, Citrix Systems, Inc. (Attachments: #1 Declaration)(Yanchar, Georgia) Modified text of docket entry on 5/2/2006 (B, B).
May 2, 2006 Financial Transaction in the amount of $190.00 received for motion to appear pro hac vice by attorney Robert S. Blasi, Receipt # 14660000845 Related document(s) #19 . (R, Sh)
May 1, 2006 Filing 18 Joint Position Statement Re: Agenda for Case Management Conference filed by 01 Communique Laboratory, Inc.. Related document(s) #8 , #13 . (Shunk, Thomas) Modified text of docket entry on 5/2/2006 (B, B).
April 24, 2006 Filing 17 Attorney Appearance filed by Georgia K.E. Yanchar on behalf of Citrix Online, LLC, Citrix Systems, Inc.. (Yanchar, Georgia) Modified text of docket entry on 4/25/2006 (B, B).
April 19, 2006 Filing 16 Unsigned Praecipe for issuance of Summons to Citrix Online LLC filed by 01 Communique Laboratory, Inc.. (Attachments: #1 Draft Summons)(Shunk, Thomas) Modified text of docket entry on 4/20/2006 (B, B).
April 19, 2006 Summons issued to counsel re: Citrix Online, LLC on 4/19/2006 (docmt #16) (C, BA)
April 18, 2006 Filing 15 First Amended complaint with jury demand against Citrix Systems, Inc. and new party defendant Citrix Online, LLC. Filed by 01 Communique Laboratory, Inc.. (Attachments: #1 Exhibit A)(K, V) Modified text of docket entry on 4/19/2006 (B, B).
April 18, 2006 Opinion or Order Order [non-document] granting 01 Communique Laboratory, Inc.'s Motion to amend complaint (Related Doc #14 . Judge Ann Aldrich(K, V) Modified text of docket entry on 4/19/2006 (B, B).
April 10, 2006 Filing 14 Unopposed Motion to amend complaint filed by 01 Communique Laboratory, Inc.. (Attachments: #1 Exhibit A (Proposed Amended Complaint)#2 [Exhibit A to Proposed Amended Complaint])(Moser, Christina)
April 3, 2006 Opinion or Order Filing 13 MarginalOrder granting Citrix Systems, Inc.'s unopposed motion to continue Case Management Conference and waive parties to personally attend. (Related Doc #12 )Case management conference reset for 5/5/2006 at 01:30 PM at Chambers 17B before Hon. Ann Aldrich. Signed by Judge Ann Aldrich on 4-3-06.(K, V) Modified text of docket entry on 4/4/2006 (B, B).
March 31, 2006 Filing 12 Unopposed Motion to Reschedule Case Management Conference and for Waiver of Requirement that the Parties Attend filed by Citrix Systems, Inc.. (Cipolla, John) Modified text of docket entry on 4/3/2006 (B, B).
March 27, 2006 Filing 11 Corporate Disclosure Statement filed by Citrix Systems, Inc.. (Cipolla, John)
March 27, 2006 Filing 10 Answer to Complaint (Related Doc #1 ) filed by Citrix Systems, Inc.. (Cipolla, John) Modified text of docket entry on 3/28/2006 (B, B).
March 8, 2006 Opinion or Order Filing 9 Stipulation & Order that defendants may have until 3-27-06 for leave to plead to complaint . Signed by Judge Ann Aldrich on 3-8-06. (Related doc #6 ) (K, V) Modified to create link on 3/9/2006 (B, B).
March 8, 2006 Opinion or Order Filing 8 Case Management Conference Scheduling Order with case management conference to be held on 4/7/2006 at 11:00 AM at Chambers 17B before Hon. Ann Aldrich.. Signed by Judge Ann Aldrich on 3-8-06. (Attachments: #1 Position Statement)(K, V)
February 22, 2006 Filing 7 Return of Service Executed upon Citrix Systems, Inc. by copy left on 02-03-2006 filed by 01 Communique Laboratory, Inc. (Shunk, Thomas)
February 22, 2006 Filing 6 Proposed Stipulation For Extension Of Time until 3/27/2006 for Citrix Systems, Inc. to move, answer or otherwise respond to the complaint filed by 01 Communique Laboratory, Inc.. (Shunk, Thomas) Modified text of docket entry on 2/23/2006 (B, B).
February 21, 2006 Financial Transaction in the amount of $380.00 received for motion to appear pro hac vice by attorneys William C. Bergmann and Kenneth J. Sheehan, Receipt # 676551 Related document(s) #5 , #4 . (C, BA)
February 21, 2006 Opinion or Order Order (non-document) granting plaintiff's motion for appearance pro hac vice by attorney Kenneth J. Sheehan and William Bergmann for 01 Communique Laboratory, Inc. (Related Doc #4 ) (Related Doc #5 ). Approved by Judge Ann Aldrich(K, V)
February 20, 2006 Filing 5 Motion for appearance pro hac vice of William C. Bergmann filed by 01 Communique Laboratory, Inc.. (Shunk, Thomas)
February 20, 2006 Filing 4 Motion for appearance pro hac vice of Kenneth J. Sheehan filed by 01 Communique Laboratory, Inc.. (Shunk, Thomas)
February 1, 2006 Filing 3 Corporate Disclosure Statement filed by 01 Communique Laboratory, Inc. (C, BA)
February 1, 2006 Filing 2 Random Assignment of Magistrate Judge Perelman (C, BA)
February 1, 2006 Filing 1 Complaint with jury demand against Citrix Systems, Inc. (1 summons and Magistrate Consent Forms issued to counsel). Filed by 01 Communique Laboratory, Inc. Filing fee paid; receipt number 676065. (Attachments: #1 Exhibit A#2 Civil Cover Sheet)(C, BA)

Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the Ohio Northern District Court's Electronic Court Filings (ECF) System

Search for this case: 01 Communique Laboratory, Inc. v. Citrix Systems, Inc.
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Citrix Systems, Inc.
Represented By: Don M. Kennedy
Represented By: Indranil Mukerji
Represented By: Richard B. Myrus
Represented By: Stephen A. Marshall
Represented By: Robert S. Blasi, Jr.
Represented By: Bryan K. Basso
Represented By: Timothy J. Rousseau
Represented By: Katherine H. Reardon
Represented By: Jennifer A. Albert
Represented By: Georgia K.E. Yanchar
Represented By: William A. Meunier
Represented By: Michael G. Strapp
Represented By: R. Andrew Schwentker
Represented By: Jonathan W. Lent
Represented By: David J. Goldstone
Represented By: John S. Cipolla
Represented By: Ruffin B. Cordell
Represented By: Douglas J. Kline
Represented By: Karolina Jesien
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Citrix Online, LLC
Represented By: Don M. Kennedy
Represented By: Indranil Mukerji
Represented By: Richard B. Myrus
Represented By: Stephen A. Marshall
Represented By: Robert S. Blasi, Jr.
Represented By: Bryan K. Basso
Represented By: Timothy J. Rousseau
Represented By: Katherine H. Reardon
Represented By: Jennifer A. Albert
Represented By: Georgia K.E. Yanchar
Represented By: William A. Meunier
Represented By: Michael G. Strapp
Represented By: R. Andrew Schwentker
Represented By: Jonathan W. Lent
Represented By: David J. Goldstone
Represented By: John S. Cipolla
Represented By: Ruffin B. Cordell
Represented By: Douglas J. Kline
Represented By: Karolina Jesien
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: 01 Communique Laboratory, Inc.
Represented By: Charles C. Carson
Represented By: A. Neal Seth
Represented By: Annette K. Kwok
Represented By: Conrad J. DeWitte, Jr.
Represented By: Kenneth J. Sheehan
Represented By: Thomas H. Shunk
Represented By: Steven M. Dettelbach_AUSA
Represented By: William C. Bergmann
Represented By: Daniel J. Goettle
Represented By: Christina J. Moser
Represented By: Nilesh B. Khatri
Represented By: Shawnna M. Yashar
Represented By: Daniel R. Warren
Represented By: Joslyn E. Kaye
Represented By: Phong D. Nguyen
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Not classified by court: Dan Aaron Polster
Represented By: Dan A. Polster
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?