Intercurrency Software LLC v. Morgan Stanley & Co. LLC et al
| Intercurrency Software LLC |
| Morgan Stanley & Co. LLC, Morgan Stanley International PLC and Morgan Stanley Capital Services LLC |
| Charles Schwab & Co., Inc., Charles Schwab Futures and Forex LLC, TD Ameritrade, Inc., TD Ameritrade Clearing, Inc., TD AMERITRADE Services Company, Inc., TD Ameritrade Holding Corporation, TD Ameritrade Online Holdings Corp., TD Ameritrade Futures & Forex LLC, Fidelity Brokerage Services LLC, National Financial Services LLC, FMR LLC and Fidelity Forex LLC |
| 2:2023cv00130 |
| March 28, 2023 |
| US District Court for the Eastern District of Texas |
| Rodney Gilstrap |
| Patent |
| 35 U.S.C. § 271 Patent Infringement |
| Both |
Docket Report
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| Filing 54 NOTICE by Morgan Stanley & Co. LLC, Morgan Stanley Capital Services LLC, Morgan Stanley International PLC of Compliance Regarding P.R. 3-3 and 3-4 and Subject Matter Eligibility Contentions (Smith, Melissa) |
Filing 53
ORDER re #52 Stipulation of Dismissal filed by Intercurrency Software LLC, Charles Schwab Futures and Forex LLC (Consolidated Civil Action 2:23cv128), Charles Schwab Futures and Forex LLC (Consolidated Civil Action 2:23cv128), Charles Schwab & Co., Inc. (Consolidated Civil Action 2:23cv128) and Charles Schwab & Co., Inc. (Consolidated Civil Action 2:23cv128) terminated., Attorney Nicholas A Brown; Jeffrey Ray Colin; Andrew Thompson (Tom) Gorham; Aimee Marie Housinger; Danielle Zapata Mills; Melissa Richards Smith; Elana Beth Araj and Scott J Bornstein terminated.. Signed by District Judge Rodney Gilstrap on 9/18/2023. (nkl, )
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| Filing 52 STIPULATION of Dismissal by Intercurrency Software LLC. (Honea, Christopher) |
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Filing 51
ORDER re #50 Stipulation of Dismissal filed by Intercurrency Software LLC, Motions terminated:, Fidelity Forex LLC (Consolidated Civil Action 2:23-80), National Financial Services LLC (Consolidated Civil Action 2:23cv80), FMR LLC (Consolidated Civil Action 2:23cv80) and Fidelity Brokerage Services LLC (Consolidated Civil Action 2:23cv80) terminated., Attorney Jennifer Librach Nall; Claire Schuster; Michael G Strapp; Scott J Bornstein and Safraz W Ishmael terminated.. Signed by District Judge Rodney Gilstrap on 8/30/2023. (nkl, )
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| Filing 50 STIPULATION of Dismissal of Defendants Fidelity Brokerage Services LLC, National Financial Services LLC, FMR LLC, and Fidelity Forex LLC by Intercurrency Software LLC. (Honea, Christopher) |
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Filing 49
ORDER granting the extension of the stay up to and including September 7. 2023. #48 Motion to Stay. Signed by District Judge Rodney Gilstrap on 8/24/23. (bga)
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| Filing 48 Joint MOTION to Stay (to Extend the Stay) by FMR LLC, Fidelity Brokerage Services LLC, Fidelity Forex LLC, National Financial Services LLC. (Attachments: #1 Proposed Order)(Strapp, Michael) |
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Filing 47
JOINT PROTECTIVE ORDER. Signed by District Judge Rodney Gilstrap on 8/11/2023. (nkl, )
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| Filing 46 NOTICE by Morgan Stanley & Co. LLC, Morgan Stanley Capital Services LLC, Morgan Stanley International PLC of Compliance Regarding Initial Disclosures (Smith, Melissa) |
| Filing 45 NOTICE by TD AMERITRADE Services Company, Inc., TD Ameritrade Clearing, Inc., TD Ameritrade Futures & Forex LLC, TD Ameritrade Holding Corporation, TD Ameritrade Online Holdings Corp., TD Ameritrade, Inc. of Compliance Regarding Initial and Additional Disclosures (Smith, Melissa) |
| Filing 44 NOTICE of Attorney Appearance by Melissa Richards Smith on behalf of Charles Schwab & Co., Inc., Charles Schwab Futures and Forex LLC, TD AMERITRADE Services Company, Inc., TD Ameritrade Clearing, Inc., TD Ameritrade Futures & Forex LLC, TD Ameritrade Holding Corporation, TD Ameritrade Online Holdings Corp., TD Ameritrade, Inc. (Smith, Melissa) |
| Filing 43 NOTICE by Charles Schwab & Co., Inc., Charles Schwab Futures and Forex LLC of Compliance Regarding Initial and Additional Disclosures (Smith, Melissa) |
| Filing 42 Joint MOTION Grant entry of Proposed Protective Order by Intercurrency Software LLC. (Attachments: #1 [Proposed] Joint Protective Order)(Garteiser, Randall) |
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Filing 41
DISCOVERY ORDER re #38 MOTION FOR ENTRY OF DISCOVERY ORDER. Signed by District Judge Rodney Gilstrap on 8/8/2023. (nkl, )
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Filing 40
DOCKET CONTROL ORDER re #37 Joint MOTION FOR ENTRY OF DOCKET CONTROL ORDER filed by Intercurrency Software LLC., Pretrial Conference set for 1/6/2025 at 09:00 AM before District Judge Rodney Gilstrap., Amended Pleadings due by 5/28/2024., Jury Selection set for 2/10/2025 at 09:00AM before District Judge Rodney Gilstrap., Markman Hearing set for 8/13/2024 at 09:00 AM before District Judge Rodney Gilstrap., Motions in Limine due by 12/16/2024., Proposed Pretrial Order due by 12/30/2024. Signed by District Judge Rodney Gilstrap on 8/8/2023. (nkl, )
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| Filing 39 RESPONSE to #34 Notice (Other), filed by Intercurrency Software LLC. (Honea, Christopher) |
| Filing 38 Joint MOTION FOR ENTRY OF DISCOVERY ORDER by Intercurrency Software LLC. (Attachments: #1 Proposed Discovery Order)(Honea, Christopher) |
| Filing 37 Joint MOTION FOR ENTRY OF DOCKET CONTROL ORDER by Intercurrency Software LLC. (Attachments: #1 Proposed Docket Control Order)(Honea, Christopher) |
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Filing 36
ORDER granting #35 Motion to Stay All Deadlines and NOTICE of Settlement as to Fidelity Defendants. Signed by District Judge Rodney Gilstrap on 7/25/2023. (nkl, )
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| Filing 35 Joint MOTION to Stay All Deadlines and NOTICE of Settlement as to Fidelity Defendants by Intercurrency Software LLC. (Attachments: #1 Proposed Order)(Honea, Christopher) |
| Minute Entry for proceedings held before District Judge Rodney Gilstrap (Lead 2:23-cv-130; Members 2:23-cv-80; 2:23-cv-128; 2:23-cv-196): Scheduling Conference/Case Management Conference held on 7/20/2023. Counsel for the parties appeared. Court asked whether they consented to trial before the U.S. Magistrate Judge. Court then gave counsel Claim Construction and Jury Selection/Trial dates. (Court Reporter Shawn McRoberts) (aeb) |
| Filing 34 NOTICE by FMR LLC, Fidelity Brokerage Services LLC, Fidelity Forex LLC, Morgan Stanley & Co. LLC, Morgan Stanley Capital Services LLC, Morgan Stanley International PLC, National Financial Services LLC OF SUPPLEMENTAL AUTHORITY (Smith, Melissa) |
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Filing 33
ORDER granting #30 Motion to Withdraw as Attorney.. Signed by District Judge Rodney Gilstrap on 7/19/2023. (nkl, )
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| Filing 32 NOTICE of Attorney Appearance by Andrew Thompson (Tom) Gorham on behalf of Charles Schwab & Co., Inc., Charles Schwab Futures and Forex LLC, TD AMERITRADE Services Company, Inc., TD Ameritrade Clearing, Inc., TD Ameritrade Futures & Forex LLC, TD Ameritrade Holding Corporation, TD Ameritrade Online Holdings Corp., TD Ameritrade, Inc. (Gorham, Andrew) |
| Filing 31 NOTICE of Attorney Appearance by Andrew Thompson (Tom) Gorham on behalf of Morgan Stanley & Co. LLC, Morgan Stanley Capital Services LLC, Morgan Stanley International PLC (Gorham, Andrew) |
| Filing 30 Unopposed MOTION to Withdraw as Attorney Christian F. Chessman by FMR LLC, Fidelity Brokerage Services LLC, Fidelity Forex LLC, National Financial Services LLC. (Attachments: #1 Proposed Order)(Nall, Jennifer) |
| Filing 29 NOTICE of Attorney Appearance by Safraz W Ishmael on behalf of FMR LLC, Fidelity Brokerage Services LLC, Fidelity Forex LLC, National Financial Services LLC (Ishmael, Safraz) |
| Filing 28 NOTICE of Attorney Appearance by Claire Schuster on behalf of FMR LLC, Fidelity Brokerage Services LLC, Fidelity Forex LLC, National Financial Services LLC (Schuster, Claire) |
| Filing 27 NOTICE of Attorney Appearance by Aimee Marie Housinger on behalf of Charles Schwab & Co., Inc., Charles Schwab Futures and Forex LLC (Housinger, Aimee) |
| Filing 26 NOTICE of Attorney Appearance by Danielle Marie Zapata on behalf of Charles Schwab & Co., Inc., Charles Schwab Futures and Forex LLC (Zapata, Danielle) |
| Filing 25 NOTICE of Attorney Appearance by Jeffrey Ray Colin on behalf of Charles Schwab & Co., Inc., Charles Schwab Futures and Forex LLC (Colin, Jeffrey) |
| Filing 24 NOTICE of Attorney Appearance by Elana Beth Araj on behalf of Charles Schwab & Co., Inc., Charles Schwab Futures and Forex LLC (Araj, Elana) |
| Filing 23 NOTICE of Attorney Appearance by Scott J Bornstein on behalf of Charles Schwab & Co., Inc., Charles Schwab Futures and Forex LLC (Bornstein, Scott) |
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Filing 22
ORDER - it is ORDERED that Case No. 2:23- cv-00080-JRG (Member Case) is hereby CONSOLIDATED into Case No. 2:23-cv-00130- JRG (Lead Case) for all pretrial issues.. Signed by District Judge Rodney Gilstrap on 7/6/2023. (nkl, )
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| Filing 21 Fed. R. Civ. P. 7.1(a)(1) Disclosure Statement filed by TD AMERITRADE Services Company, Inc., TD Ameritrade Clearing, Inc., TD Ameritrade Futures & Forex LLC, TD Ameritrade Holding Corporation, TD Ameritrade Online Holdings Corp., TD Ameritrade, Inc. identifying Corporate Parent The Charles Schwab Corporation for TD AMERITRADE Services Company, Inc., TD Ameritrade Clearing, Inc., TD Ameritrade Futures & Forex LLC, TD Ameritrade Holding Corporation, TD Ameritrade Online Holdings Corp., TD Ameritrade, Inc.. (Brown, Nicholas) |
| Filing 20 ANSWER to Complaint in Member Case No. 2:23-cv-00196-JRG, COUNTERCLAIM against Intercurrency Software LLC by TD Ameritrade, Inc., TD Ameritrade Futures & Forex LLC, TD Ameritrade Holding Corporation, TD AMERITRADE Services Company, Inc., TD Ameritrade Clearing, Inc., TD Ameritrade Online Holdings Corp..(Brown, Nicholas) |
| Filing 19 REPLY to Response to Motion re #9 MOTION to Dismiss filed by Morgan Stanley & Co. LLC, Morgan Stanley Capital Services LLC, Morgan Stanley International PLC. (Smith, Melissa) |
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Filing 18
ORDER. Scheduling Conference set for 7/20/2023 09:30 AM in Ctrm 106 (Marshall) before District Judge Rodney Gilstrap. Signed by District Judge Rodney Gilstrap on 6/15/2023. (slo)
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Filing 17
CONSOLIDATION ORDER - The above-captioned cases are hereby ORDERED to be CONSOLIDATED for all pretrial issues with the LEAD CASE, Case No. 2:23-cv-00130. All parties are instructed to file any future filings in the LEAD CASE. Individual cases remain active for trial.. Signed by District Judge Rodney Gilstrap on 6/13/2023. (nkl, )
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| Filing 16 RESPONSE in Opposition re #9 MOTION to Dismiss filed by Intercurrency Software LLC. (Attachments: #1 Proposed Order, #2 Exhibit A - Patent, #3 Exhibit B - Patent, #4 Exhibit C - Patent)(Honea, Christopher) |
| Filing 15 NOTICE by Morgan Stanley & Co. LLC, Morgan Stanley Capital Services LLC, Morgan Stanley International PLC OF JOINT LETTER REGARDING MOTION TO DISMISS UNDER 35 U.S.C. 101 (Attachments: #1 Joint Letter)(Smith, Melissa) |
| Filing 14 NOTICE by Morgan Stanley & Co. LLC, Morgan Stanley Capital Services LLC, Morgan Stanley International PLC re #9 MOTION to Dismiss NOTICE OF CORRECTED EXHIBITS (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 L)(Smith, Melissa) |
| Filing 13 NOTICE of Attorney Appearance by James Francis Mack on behalf of Morgan Stanley & Co. LLC, Morgan Stanley Capital Services LLC, Morgan Stanley International PLC (Mack, James) |
| Filing 12 NOTICE of Attorney Appearance by Kevin John Post on behalf of Morgan Stanley & Co. LLC, Morgan Stanley Capital Services LLC, Morgan Stanley International PLC (Post, Kevin) |
| Filing 11 NOTICE of Attorney Appearance by Josef Bryks Schenker on behalf of Morgan Stanley & Co. LLC, Morgan Stanley Capital Services LLC, Morgan Stanley International PLC (Schenker, Josef) |
| Filing 10 Fed. R. Civ. P. 7.1(a)(1) Disclosure Statement filed by Morgan Stanley & Co. LLC, Morgan Stanley Capital Services LLC, Morgan Stanley International PLC (Smith, Melissa) |
| Filing 9 MOTION to Dismiss by Morgan Stanley & Co. LLC, Morgan Stanley Capital Services LLC, Morgan Stanley International PLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Proposed Order)(Smith, Melissa) |
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Filing 8
ORDER granting #7 Unopposed MOTION for Extension of Time to File Answer , MOVE OR OTHERWISE RESPOND TO COMPLAINT. Signed by District Judge Rodney Gilstrap on 5/19/2023. (nkl, )
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| Answer Due Deadline Updated for Morgan Stanley & Co. LLC to 5/26/2023; Morgan Stanley Capital Services LLC to 5/26/2023; Morgan Stanley International PLC to 5/26/2023. (nkl, ) |
| Filing 7 Unopposed MOTION for Extension of Time to File Answer , MOVE OR OTHERWISE RESPOND TO COMPLAINT by Morgan Stanley & Co. LLC, Morgan Stanley Capital Services LLC, Morgan Stanley International PLC. (Attachments: #1 Text of Proposed Order)(Smith, Melissa) |
| Filing 6 Defendant's Unopposed First Application for Extension of Time to Answer Complaint re Morgan Stanley & Co. LLC, Morgan Stanley Capital Services LLC, Morgan Stanley International PLC.( Post, Kevin) |
| Defendant's Unopposed First Application for Extension of Time to Answer Complaint is granted pursuant to Local Rule CV-12 for Morgan Stanley Capital Services LLC to 5/19/2023; Morgan Stanley International PLC to 5/19/2023; Morgan Stanley & Co. LLC to 5/19/2023. 30 Days Granted for Deadline Extension.( nkl, ) |
| Filing 5 SUMMONS Returned Executed by Intercurrency Software LLC. Morgan Stanley & Co. LLC served on 3/29/2023, answer due 4/19/2023; Morgan Stanley Capital Services LLC served on 3/29/2023, answer due 4/19/2023; Morgan Stanley International PLC served on 3/29/2023, answer due 4/19/2023. (Attachments: #1 Summons(es), #2 Summons(es))(Honea, Christopher) |
| Filing 4 CORPORATE DISCLOSURE STATEMENT filed by Intercurrency Software LLC (Honea, Christopher) |
| Filing 3 SUMMONS Issued as to Morgan Stanley & Co. LLC, Morgan Stanley Capital Services LLC, Morgan Stanley International PLC. (Attachments: #1 Summons(es), #2 Summons(es))(nkl, ) |
| Filing 2 Notice of Filing of Patent/Trademark Form (AO 120). AO 120 mailed to the Director of the U.S. Patent and Trademark Office. (Honea, Christopher) |
| Filing 1 COMPLAINT against Morgan Stanley & Co. LLC, Morgan Stanley Capital Services LLC, Morgan Stanley International PLC ( Filing fee $ 402 receipt number ATXEDC-9425442.), filed by Intercurrency Software LLC. (Attachments: #1 Civil Cover Sheet)(Honea, Christopher) |
| In accordance with the provisions of 28 USC Section 636(c), you are hereby notified that a U.S. Magistrate Judge of this district court is available to conduct any or all proceedings in this case including a jury or non-jury trial and to order the entry of a final judgment. The form #Consent to Proceed Before Magistrate Judge is available on our website. All signed consent forms, excluding pro se parties, should be filed electronically using the event Notice Regarding Consent to Proceed Before Magistrate Judge. (nkl, ) |
| Case Assigned to District Judge Rodney Gilstrap. (nkl, ) |
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