Realtime Data LLC v. Rackspace US, Inc. et al
| Realtime Data LLC |
| Rackspace US, Inc, NetApp, Inc., SolidFire, LLC, Rackspace US, Inc. and SolidFire, Inc. |
| Vembu Technologies, Inc., Fujitsu America, Inc. and Quantum Corporation |
| David Folsom |
| 6:2016cv00961 |
| June 29, 2016 |
| US District Court for the Eastern District of Texas |
| Tyler Office |
| Anderson |
| John D Love |
| Robert W Schroeder |
| Patent |
| 35 U.S.C. § 271 |
| Both |
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| Filing 333 REDACTED - NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Pretrial Conference Proceedings held on 1/05/2018 before Judge John D. Love. Court Reporter, Shea Sloan, shea_sloan@txed.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter. Release of Transcript Restriction set for 5/10/2018. (sms, ) |
| Filing 332 REDACTED - NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Pretrial Conference Proceedings held on 12/19/17 before Judge Love. Court Reporter/Transcriber: Amanda Leigh, Telephone number: 877/790-3376. Transcript may be viewed at the court public terminal or purchased through the Court Reporter.Release of Transcript Restriction set for 5/10/2018. (sms, ) |
| Filing 331 Notice of Filing of Patent/Trademark Form (AO 120) after termination of this case. AO 120 mailed to the Director of the U.S. Patent and Trademark Office. (mll, ) |
| Filing 330 FINAL JUDGMENT. The above-entitled and numbered cause of action is DISMISSED. All motions by either party not previously ruled on are hereby DENIED. The Clerk of the Court is directed to close the case. Signed by District Judge Robert W. Schroeder, III on 02/01/18. (mll, ) |
Filing 329
ORDER OF DISMISSAL. It is therefore ORDERED that all claims asserted by Plaintiff against Defendants any and all counterclaims asserted by Defendants against Plaintiff are DISMISSED WITH PREJUDICE, subject to the Settlement and License Agreement of January 29, 2018, whose terms shall remain confidential, with each party to bear its own costs and fees. NetApp, Inc. and SolidFire, LLC terminated. Signed by District Judge Robert W. Schroeder, III on 1/31/2018. (rlf)
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Filing 328
ORDER granting #326 Motion to Redact re 320 Transcript, 319 Transcript. Signed by Magistrate Judge John D. Love on 1/31/2018. (rlf)
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| Filing 327 STIPULATION of Dismissal by Realtime Data LLC. (Attachments: #1 Text of Proposed Order)(Ward, Thomas) |
| Filing 326 Unopposed MOTION to Redact 320 Transcript,,, 319 Transcript,,, by Realtime Data LLC. (Attachments: #1 Text of Proposed Order)(Wang, Philip) |
| Filing 325 REDACTION Realtimes Redacted Exhibit A to its Sealed Objection to Judge Loves Ruling on Realtimes Motion in Limine No. 3 Regarding Marking by Realtime Data LLC. (Attachments: #1 Exhibit A)(Fenster, Marc) |
| Filing 324 NOTICE of Intent to Request Redaction by Philip X Wang re 319 Transcript,,,. (Wang, Philip) |
| Filing 323 NOTICE of Intent to Request Redaction by Philip X Wang re 320 Transcript,,,. (Wang, Philip) |
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Filing 322
ORDER granting #318 Motion to Stay. Accordingly, the Court grants the stay and ORDERS Plaintiff Realtime Data LLC and Defendants NetApp, Inc. and SolidFire, LLC to submit closing documents no later than February 9, 2018. Signed by Magistrate Judge John D. Love on 1/8/2018. (rlf)
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| Filing 321 REPORT of Mediation by David Folsom. Mediation result: settled (NetApp, Inc. and SolidFire, LLC(Folsom, David) |
| Filing 318 Joint MOTION to Stay and Notice of Settlement by Realtime Data LLC. (Attachments: #1 Text of Proposed Order)(Henry, Claire) |
| Filing 317 PAPER TRANSCRIPT REQUEST by NetApp, Inc., SolidFire, LLC for proceedings held on 1-5-2018 Pretrial Conference before Judge Love. (Smith, Melissa) |
| Filing 316 PAPER TRANSCRIPT REQUEST by Realtime Data LLC for proceedings held on 1/5/18 Second Pretrial Conference before Judge John D. Love. (Mirzaie, Reza) |
| Filing 315 Minute Entry for proceedings held before Magistrate Judge John D. Love: Final Pretrial Conference held on 1/5/2018. (Court Reporter Shea Sloan) (srb) (Additional attachment(s) added on 1/5/2018: #1 Appendix) (srb, ). |
| Filing 314 NOTICE by NetApp, Inc., SolidFire, LLC re #262 Response to Non-Motion, NETAPP'S CORRECTED EXHIBIT B TO OBJECTIONS TO PRETRIAL DISCLOSURES (Mayer, Colette) |
| Filing 312 Exhibit List NetApp's Second Amended Exhibit List by NetApp, Inc., SolidFire, LLC.. (Wiener, Christopher) |
| Filing 311 Exhibit List REALTIME'S SIXTH AMENDED EXHIBIT LIST by Realtime Data LLC.. (Mirzaie, Reza) |
| Filing 310 NOTICE by Realtime Data LLC of Joint Report Regarding Exhibit List Disputes (Wang, Philip) |
| Filing 309 SUR-REPLY to Reply to Response to Motion re #255 MOTION for Reconsideration re #209 Report and Recommendations, #223 Order Adopting Report and Recommendations, Terminate Motions re Motion to Dismiss for Improper Venue filed by Realtime Data LLC. (Chung, C.) |
| Filing 308 Exhibit List NETAPP'S AMENDED TRIAL EXHIBIT LIST by NetApp, Inc., SolidFire, LLC.. (Mayer, Colette) |
| Filing 307 PAPER TRANSCRIPT REQUEST by NetApp, Inc., SolidFire, LLC for proceedings held on 12/19/2017 Pretrial Hearing before Judge Love. (Smith, Melissa) |
| Filing 306 PAPER TRANSCRIPT REQUEST by Realtime Data LLC for proceedings held on 12/19/17 Pretrial Conference before Judge John D. Love. (Mirzaie, Reza) |
| Filing 305 NOTICE by Realtime Data LLC Joint Notice of Agreed Trial Setting and Non-Consent to Trial Before a Magistrate Judge (Henry, Claire) |
| Filing 304 REPLY to Response to Motion re #255 MOTION for Reconsideration re #209 Report and Recommendations, #223 Order Adopting Report and Recommendations, Terminate Motions re Motion to Dismiss for Improper Venue filed by NetApp, Inc., SolidFire, LLC. (Mayer, Colette) |
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Filing 303
ORDER denying #288 Motion to Postpone Trial. Signed by District Judge Robert W. Schroeder, III on 12/21/2017. (rlf)
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| Filing 302 STIPULATION re #272 Stipulation ADDITIONAL MOTION IN LIMINE STIPULATIONS by Realtime Data LLC. (Mirzaie, Reza) |
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Filing 301
PRETRIAL ORDER granting in part and denying in part #274 AND #276 Motions in Limine; and Sustaining Plaintiff's Objection to Net App's Witness List #264 . Signed by Magistrate Judge John D. Love on 12/20/2017. (rlf)
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Filing 300
ORDER setting Second Pretrial Conference for 1/5/2018 09:00 AM before Magistrate Judge John D. Love. Signed by Magistrate Judge John D. Love on 12/19/17. (mll, )
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Filing 299
ORDER granting #271 Motion to Strike Second Supplemental Expert Report of Thomas Rhyne, PhD. Signed by Magistrate Judge John D. Love on 12/19/17. (mll, )
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| Filing 298 Minute Entry for proceedings held before Magistrate Judge John D. Love: Initial Pretrial Conference held on 12/19/2017. (Court Reporter Amanda Leigh) (srb) (Additional attachment(s) added on 12/19/2017: #1 Appendix Attorney Sign in Sheet) (srb, ). |
| Filing 297 Exhibit List REALTIME'S FOURTH AMENDED EXHIBIT LIST by Realtime Data LLC.. (Mirzaie, Reza) |
| Filing 296 SEALED ADDITIONAL ATTACHMENTS to Main Document: #295 Response in Opposition to Motion. (Attachments: #1 Exhibit A to Mirzaie Decl.)(Mirzaie, Reza) |
| Filing 295 RESPONSE in Opposition re #288 MOTION to Continue NETAPP'S MOTION TO POSTPONE TRIAL filed by Realtime Data LLC. (Attachments: #1 Affidavit Declaration of R. Mirzaie, #2 Exhibit B to Mirzaie Decl., #3 Text of Proposed Order)(Mirzaie, Reza) |
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Filing 294
ORDER granting #285 Motion for Jury Questionnaire. Accordingly, the Court will distribute the questionnaire to prospective jurors and provide the information to the parties in advance of voir dire. Signed by District Judge Robert W. Schroeder, III on 12/18/2017. (rlf)
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| Filing 293 Exhibit List REALTIME'S THIRD AMENDED EXHIBIT LIST by Realtime Data LLC.. (Mirzaie, Reza) |
| Filing 292 RESPONSE in Opposition re #271 MOTION to Strike Second Supplemental Expert Report of Thomas Rhyne PhD filed by Realtime Data LLC. (Attachments: #1 Affidavit of Paul A. Kroeger, #2 Exhibit 1 Excerpts from Rhyne Rebuttal Report, #3 Exhibit 2 Excerpts from Storer Report, #4 Exhibit 3 NetApp Final Election of Prior Art, #5 Exhibit 4 PTAB Website, #6 Text of Proposed Order)(Kroeger, Paul) |
| Filing 291 RESPONSE to #266 Response to Non-Motion, #262 Response to Non-Motion, NetApp's Objections to Realtime's Supplemental Exhibit List filed by NetApp, Inc., SolidFire, LLC. (Attachments: #1 Exhibit A)(Mayer, Colette) |
| Filing 290 NOTICE by Realtime Data LLC Amount of Time for Trial (Attachments: #1 Ex. 1)(Chung, C.) |
| Filing 289 NOTICE by NetApp, Inc., SolidFire, LLC Trial Time Estimates (Mayer, Colette) |
| Filing 288 MOTION to Continue NETAPP'S MOTION TO POSTPONE TRIAL by NetApp, Inc., SolidFire, LLC. (Attachments: #1 C. Mayer Decl. ISO Mtn to Postpone Trial, #2 Exhibit A to C. Mayer Decl. ISO Mtn to Postpone Trial, #3 Exhibit B to C. Mayer Decl. ISO Mtn to Postpone Trial, #4 S. Storer Decl. ISO Mtn to Postpone Trial)(Mayer, Colette) (Additional attachment(s) added on 12/19/2017: #5 Text of Proposed Order) (rlf, ). |
| Filing 287 REDACTION to #280 Sealed Response to Motion,,,,,, NetApp's Response in Opposition to Realtime's Motions in Limine (REDACTED) by NetApp, Inc., SolidFire, LLC. (Attachments: #1 Affidavit of Colette Reiner Mayer (REDACTED), #2 Exhibit 1 (REDACTED), #3 Exhibit 2 (REDACTED), #4 Exhibit 3 (REDACTED), #5 Exhibit 4 (REDACTED), #6 Exhibit 5 (REDACTED), #7 Exhibit 6 (REDACTED), #8 Exhibit 7 (REDACTED), #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11 (REDACTED), #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16, #18 Exhibit 17 (REDACTED), #19 Exhibit 18 (REDACTED), #20 Exhibit 19 (REDACTED), #21 Exhibit 20 (REDACTED), #22 Exhibit 21 (REDACTED), #23 Exhibit 22 (REDACTED), #24 Exhibit 23 (REDACTED), #25 Exhibit 24 (REDACTED), #26 Exhibit 25 (REDACTED), #27 Exhibit 26, #28 Exhibit 27, #29 Exhibit 28 (REDACTED), #30 Exhibit 29 (REDACTED), #31 Text of Proposed Order)(Mayer, Colette) |
| Filing 286 RESPONSE to #259 Response to Non-Motion, OBJECTIONS TO MEMORANDUM OPINION AND ORDER DENYING DAUBERT MOTION TO EXCLUDE TESTIMONY BY MR. STEPHEN DELL filed by Realtime Data LLC. (Attachments: #1 Text of Proposed Order)(Pickens, James) |
| Filing 285 Agreed MOTION for Jury Questionnaire by Realtime Data LLC. (Attachments: #1 Exhibit -- Questionnaire, #2 Text of Proposed Order)(Fair, Andrea) |
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Filing 284
ORDER TO SUBMIT EXHIBITS AND DEPOSITION DESIGNATIONS. To assist the Court in resolving these objections, the parties are ORDERED to submit the disputed exhibits and deposition designations to the Court via CD-ROM by noon on Monday, December 18, 2017. Signed by Magistrate Judge John D. Love on 12/14/2017. (rlf)
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| Filing 283 RESPONSE in Opposition re #255 MOTION for Reconsideration re #209 Report and Recommendations, #223 Order Adopting Report and Recommendations, Terminate Motions re Motion to Dismiss for Improper Venue filed by Realtime Data LLC. (Attachments: #1 Text of Proposed Order)(Chung, C.) |
| Filing 282 Additional Attachments to Main Document: #281 Response to Motion,.. (Attachments: #1 Exhibit 7)(Wang, Philip) |
| Filing 281 RESPONSE to Motion re #274 MOTION in Limine filed by Realtime Data LLC. (Attachments: #1 Text of Proposed Order, #2 Affidavit of Philip X. Wang, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit)(Wang, Philip) |
| Filing 280 SEALED RESPONSE to Motion re #276 SEALED MOTION In Limine filed by NetApp, Inc., SolidFire, LLC. (Attachments: #1 Affidavit of Colette Reiner Mayer, #2 Exhibit 1 - Dawkins transcript excerpts, #3 Exhibit 2 - McErlain transcript excerpts, #4 Exhibit 3 - Tashjian transcript excerpts, #5 Exhibit 4 - Storer Expert Rpt re Invalidity, #6 Exhibit 5 - Storer Expert Rpt re Non-Infringement, #7 Exhibit 6 - Davis Expert Rpt re Damages, #8 Exhibit 7 - Hitt Expert Report, #9 Exhibit 8 - Joint Defs' Invalidity Contentions, #10 Exhibit 9 - Disclosure of Prior Art, #11 Exhibit 10 - First Suppl Invalidity Contentions, #12 Exhibit 11 - RT's Responses to 1st Interrogatories, #13 Exhibit 12 - Website, #14 Exhibit 13 - Website, #15 Exhibit 14 - Website, #16 Exhibit 15 - Website, #17 Exhibit 16 - Website, #18 Exhibit 17 - RT-Actian settlement and license agmt, #19 Exhibit 18 - RT-Blue Coat settlement and license agmt, #20 Exhibit 19 - RT-Citrix settlement and license agmt, #21 Exhibit 20 - RT-F5 settlement and license agmt, #22 Exhibit 21- RT-MS settlement and license agmt, #23 Exhibit 22 - RT-Oracle settlement and license agmt, #24 Exhibit 23 - RT-Rackspace settlement and license agmt, #25 Exhibit 24 - RT-SAP settlement and license agmt, #26 Exhibit 25 - RT-Vembu settlement and license agmt, #27 Exhibit 26 - Order, Dkt. No. 491, #28 Exhibit 27 - Docket Navigator report, #29 Exhibit 28 - RT Trial Ex. PX218, #30 Exhibit 29 - RT Trial Exs. PX13-PX16, #31 Text of Proposed Order)(Mayer, Colette) |
| Filing 279 REDACTION to #276 SEALED MOTION In Limine by Realtime Data LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 6, #5 Exhibit 8, #6 Exhibit 9)(Wang, Philip) |
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Filing 278
ORDER MOVING TRIAL DATE. The Court RESETS the trial to begin immediately following Jury Selection on 1/16/2018 at 09:00 AM in Tyler Courthouse before District Judge Robert W. Schroeder III.Signed by District Judge Robert W. Schroeder, III on 12/11/2017. (rlf)
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Filing 277
ORDER FOR EXPEDITED BRIEFING. The Court ORDERS an expedited response from Plaintiff on #271 Defendants' Motion to Strike the Supplemental Expert Report of Thomas Rhyne, PhD. Plaintiff shall file a response by December 15, 2017. Signed by Magistrate Judge John D. Love on 12/11/2017. (rlf)
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| Filing 276 SEALED MOTION In Limine by Realtime Data LLC. (Attachments: #1 Text of Proposed Order, #2 Affidavit of Philip X. Wang, #3 Exhibit 1 - Periyagaram Depo Excerpts, #4 Exhibit 2 - Davis Report Excerpts, #5 Exhibit 3 - Storer Report Excerpts, #6 Exhibit 4 - Email from NetApp Counsel, #7 Exhibit 5 - Email from NetApp Counsel, #8 Exhibit 6 - NetApp Rog Responses, #9 Exhibit 7 - NetApp Depo Objections, #10 Exhibit 8 - Storer Depo Excerpts, #11 Exhibit 9 - Davis Depo Excerpts)(Wang, Philip) |
| Filing 275 RESPONSE to #266 Response to Non-Motion REALTIME'S RESPONSES TO NETAPP'S SUPPLEMENTAL OBJECTIONS TO REALTIME'S PRETRIAL DISCLOSURES filed by Realtime Data LLC. (Kroeger, Paul) |
| Filing 274 MOTION in Limine by NetApp, Inc., SolidFire, LLC. (Attachments: #1 C. Mayer Decl. ISO NetApp's MILs, #2 Exhibit A to C. Mayer Decl., #3 Text of Proposed Order)(Mayer, Colette) |
| Filing 273 REPORT of Mediation by David Folsom. Mediation result: suspended (NetApp, Inc. and SolidFire, LLC)(Folsom, David) |
| Filing 272 STIPULATION Regarding Motions in Limine by Realtime Data LLC. (Wang, Philip) |
| Filing 271 MOTION to Strike Second Supplemental Expert Report of Thomas Rhyne PhD by NetApp, Inc., SolidFire, LLC. Responses due by 12/22/2017 (Attachments: #1 Affidavit Declaration of Colette Reiner Mayer, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Text of Proposed Order Proposed Order)(Mayer, Colette) |
| Filing 270 RESPONSE to #264 Response to Non-Motion Realtimes Objections to Pretrial Disclosures filed by NetApp, Inc., SolidFire, LLC. (Attachments: #1 Affidavit Declaration of Colette Reiner Mayer, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C)(Mayer, Colette) |
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Filing 269
ORDER granting #267 Motion for Leave to File Proposed Findings of Fact and Conclusions of Law. Signed by Magistrate Judge John D. Love on 12/7/2017. (rlf)
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| Filing 268 Proposed Findings of Fact by NetApp, Inc., SolidFire, LLC. (Smith, Melissa) |
| Filing 267 Unopposed MOTION for Leave to File Proposed Findings of Fact and Conclusions of Law by NetApp, Inc., SolidFire, LLC. (Attachments: #1 Text of Proposed Order)(Smith, Melissa) |
| Filing 266 RESPONSE to #262 Response to Non-Motion, NetApps Supplemental Objections to Realtime's Pretrial Disclosures filed by NetApp, Inc., SolidFire, LLC. (Mayer, Colette) |
| Filing 265 Proposed Findings of Fact by Realtime Data LLC. (Kroeger, Paul) |
| Filing 264 RESPONSE to PRETRIAL DISCLOSURES filed by Realtime Data LLC. (Kroeger, Paul) |
| Filing 263 Proposed Pretrial Order by Realtime Data LLC. (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)(Chung, C.) |
| Filing 262 RESPONSE to Objections to Realtime's Pretrial Disclosures by NetApp, Inc., SolidFire, LLC. (Attachments: #1 Exhibit A - NetApp's Objections to Realtime's Exhibit List, #2 Exhibit B - NetApp's Objections to Realtime's Deposition Designations, #3 Exhibit C - NetApp's Objections to Realtime's Rebuttal Designations)(Mayer, Colette) |
| Filing 261 NOTICE by NetApp, Inc., SolidFire, LLC REQUEST FOR DAILY TRANSCRIPTS AND REAL TIME REPORTING (Smith, Melissa) |
| Filing 260 NOTICE by Realtime Data LLC REQUEST FOR DAILY TRANSCRIPTS AND REAL TIME REPORTING (Chung, C.) |
| Filing 259 RESPONSE to #254 Memorandum & Opinion, NETAPP, INC. & SOLIDFIRE, LLC'S OBJECTION TO MEMORANDUM OPINION & ORDER DENYING DAUBERT MOTION TO EXCLUDE TESTIMONY BY MR. STEPHEN BELL by NetApp, Inc., SolidFire, LLC. (Attachments: #1 Text of Proposed Order)(Mayer, Colette) |
| ***FILED IN ERROR. Document #258 Motion. PLEASE IGNORE. DOCUMENT IS NOT A MOTION. TO BE REFILED USING CORRECT DOCKET EVENT.*** (mjc, ) |
| Filing 258 ***DOCUMENT FILED IN ERROR. PLEASE DISREGARD.*** MOTION re #254 Memorandum & Opinion, NETAPP, INC. & SOLIDFIRE, LLC'S OBJECTION TO MEMORANDUM OPINION & ORDER DENYING DAUBERT MOTION TO EXCLUDE TESTIMONY BY MR. STEPHEN DELL by NetApp, Inc., SolidFire, LLC. (Attachments: #1 Text of Proposed Order)(Mayer, Colette) Modified on 12/1/2017 (mjc, ). |
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Filing 257
AMENDED DOCKET CONTROL ORDER. Granting #256 Motion to Amend. Signed by Magistrate Judge John D. Love on 11/30/2017. (rlf)
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| Filing 256 Joint MOTION to Amend/Correct Docket Control Order by NetApp, Inc.. (Attachments: #1 Text of Proposed Order)(Smith, Melissa) |
| Filing 255 MOTION for Reconsideration re #209 Report and Recommendations, #223 Order Adopting Report and Recommendations, Terminate Motions re Motion to Dismiss for Improper Venue by NetApp, Inc., SolidFire, LLC. (Attachments: #1 Text of Proposed Order)(Mayer, Colette) |
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Filing 254
MEMORANDUM OPINION AND ORDER. The Court DENIES Defendant's Motion to Exclude Testimony by Stephen Dell. (Doc. No. 234.) (UNSEALED VERSION OF 252 SEALED MEMORANDUM OPINION AND ORDER.) Signed by Magistrate Judge John D. Love on 11/16/17. (mll, )
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| Filing 253 NOTICE by NetApp, Inc., SolidFire, LLC JOINT NOTICE RE UNSEALING OF ORDER ON DAUBERT MOTION TO EXCLUDE TESTIMONY BY MR. STEPHEN DELL (Mayer, Colette) |
| Filing 251 NOTICE of Discovery Disclosure by NetApp, Inc., SolidFire, LLC regarding Pretrial Disclosures (Smith, Melissa) |
| Filing 250 NOTICE by Realtime Data LLC ORIGINAL DEPOSITION DESIGNATIONS (Mirzaie, Reza) |
| Filing 249 SEALED SUR-REPLY to Motion re #234 Opposed SEALED MOTION DAUBERT MOTION TO EXCLUDE TESTIMONY BY STEPHEN DELL filed by Realtime Data LLC. (Pickens, James) |
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Filing 248
MEMORANDUM OPINION AND ORDER. The Court GRANTS #232 NetApp's MOTION for Leave to File Motion to Strike Portions of Richard Wesel's Expert Report. #231 Defendant's MOTION TO STRIKE PORTIONS OF DR. WESEL'S REPORT REGARDING INFRINGEMENT is DENIED. Signed by Magistrate Judge John D. Love on 10/26/2017. (rlf)
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| Filing 247 SEALED REPLY to Response to Motion re #234 Opposed SEALED MOTION DAUBERT MOTION TO EXCLUDE TESTIMONY BY STEPHEN DELL filed by NetApp, Inc., SolidFire, LLC. (Mayer, Colette) |
| Filing 246 SEALED PATENT SUR-REPLY to Reply to Response to PATENT Motion re #231 SEALED MOTION TO STRIKE PORTIONS OF DR. WESEL'S REPORT REGARDING INFRINGEMENT filed by Realtime Data LLC. (Attachments: #1 Affidavit of Jay Chung, #2 Exhibit 15 - Discovery Correspondence, #3 Exhibit 16 - Storer Dep., #4 Exhibit 17 - Storer Rpt., #5 Exhibit 18 - Gartner Questionnaire, #6 Exhibit 19 - HA Pair Configuration Guide, #7 Exhibit 20 - Wesel Rpt.)(Chung, C.) |
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Filing 245
ORDER granting #243 Motion for Entry of Stipulation; withdrawing #235 Motion for Summary Judgment. Defendants withdraw their affirmative defenses of estoppel, waiver, and acquiescence, and agree that they will not assert such defenses at trial. Plaintiff withdraws its motion for summary judgment regarding Defendants' affirmative defenses of estoppel, waiver, and acquiescence (ECF No. 235). Signed by Magistrate Judge John D. Love on 10/18/17. (mll, )
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| Filing 244 SEALED RESPONSE to Motion re #234 Opposed SEALED MOTION DAUBERT MOTION TO EXCLUDE TESTIMONY BY STEPHEN DELL filed by Realtime Data LLC. (Attachments: #1 Declaration of James Pickens, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Text of Proposed Order)(Pickens, James) |
| Filing 243 Joint MOTION Entry of Stipulation re #235 MOTION for Summary Judgment on Defendants NetApp, Inc. and SolidFire LLCs Affirmative Defenses of Estoppel, Waiver, and Acquiescence Regarding Withdrawal of Defendants' Estoppel, Waiver, and Acquiescence Defenses and Withdrawal of Plaintiffs Motion for Summary Judgment by NetApp, Inc., SolidFire, LLC. (Attachments: #1 Text of Proposed Order)(Mayer, Colette) |
| Filing 242 SEALED REPLY to Response to Motion re #231 SEALED MOTION TO STRIKE PORTIONS OF DR. WESEL'S REPORT REGARDING INFRINGEMENT filed by NetApp, Inc., SolidFire, LLC. (Attachments: #1 C. Mayer Decl ISO Mtn to Strike Portions of Dr. Wesel's Report, #2 Exhibit 1 to C. Mayer Decl ISO Mtn to Strike Portions of Dr. Wesel's Report, #3 Exhibit 2 to C. Mayer Decl ISO Mtn to Strike Portions of Dr. Wesel's Report)(Mayer, Colette) |
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Filing 241
AMENDED DOCKET CONTROL ORDER. Granting #238 Motion to Amend.Signed by Magistrate Judge John D. Love on 10/10/2017. (rlf)
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Filing 240
ORDER granting #237 Motion for Extension of Time to File Response to Defendant NetApp, Inc. and SolidFire, LLC's motion to strike. Plaintiff has until October 10, 2017 to file a response to Defendant NetApp, Inc. and SolidFire, LLC's motion to strike portions of Dr. Wesels report regarding infringement (Dkt. No. #231 ). Signed by Magistrate Judge John D. Love on 10/8/2017. (rlf)
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| Filing 239 SEALED RESPONSE to Motion re #231 SEALED MOTION TO STRIKE PORTIONS OF DR. WESEL'S REPORT REGARDING INFRINGEMENT filed by Realtime Data LLC. (Attachments: #1 Affidavit of C. Jay Chung, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Text of Proposed Order)(Chung, C.) |
| Filing 238 Joint MOTION to Amend/Correct Docket Control Order by NetApp, Inc.. (Attachments: #1 Text of Proposed Order)(Smith, Melissa) |
| Filing 237 Unopposed MOTION for Extension of Time to File Response/Reply as to #231 SEALED MOTION TO STRIKE PORTIONS OF DR. WESEL'S REPORT REGARDING INFRINGEMENT by Realtime Data LLC. (Attachments: #1 Proposed Order)(Chung, C.) |
| Filing 236 SEALED ADDITIONAL ATTACHMENTS to Main Document: #235 MOTION for Summary Judgment on Defendants NetApp, Inc. and SolidFire LLCs Affirmative Defenses of Estoppel, Waiver, and Acquiescence. (Attachments: #1 Exhibit 1, #2 Exhibit 4)(Kroeger, Paul) |
| Filing 235 ***WITHDRAWN PER #245 ORDER*** MOTION for Summary Judgment on Defendants NetApp, Inc. and SolidFire LLCs Affirmative Defenses of Estoppel, Waiver, and Acquiescence by Realtime Data LLC. (Attachments: #1 Text of Proposed Order, #2 Affidavit of Paul Kroeger, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5)(Kroeger, Paul) Modified on 10/18/2017 (mll, ). |
| Filing 234 Opposed SEALED MOTION DAUBERT MOTION TO EXCLUDE TESTIMONY BY STEPHEN DELL by NetApp, Inc., SolidFire, LLC. (Attachments: #1 C.Mayer Decl. ISO Daubert Motion, #2 Exhibit A to C. Mayer Decl. ISO Daubert Motion, #3 Exhibit B to C. Mayer Decl. ISO Daubert Motion, #4 Exhibit C to C. Mayer Decl. ISO Daubert Motion, #5 Exhibit D to C. Mayer Decl. ISO Daubert Motion, #6 Text of Proposed Order to NetApp's Daubert Motion)(Mayer, Colette) |
| Filing 233 Rebuttal Witness List by NetApp, Inc., SolidFire, LLC. (Mayer, Colette) |
| Filing 232 MOTION for Leave to File Motion to Strike Portions of Richard Wesel's Expert Report by NetApp, Inc., SolidFire, LLC. (Attachments: #1 Text of Proposed Order)(Mayer, Colette) |
| Filing 231 SEALED MOTION TO STRIKE PORTIONS OF DR. WESEL'S REPORT REGARDING INFRINGEMENT by NetApp, Inc., SolidFire, LLC. (Attachments: #1 C. Mayer Decl. ISO Mtn to Strike Portions of Dr. Wesel's Report Re Infringement, #2 Exhibit 1 to C. Mayer Decl. ISO Mtn to Strike, #3 Exhibit 2 to C. Mayer Decl. ISO Mtn to Strike, #4 Exhibit 3 to C. Mayer Decl. ISO Mtn to Strike, #5 Exhibit 4 to C. Mayer Decl. ISO Mtn to Strike, #6 Exhibit 5 to C. Mayer Decl. ISO Mtn to Strike, #7 Exhibit 6 to C. Mayer Decl. ISO Mtn to Strike, #8 Text of Proposed Order)(Mayer, Colette) |
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Filing 230
ORDER granting #217 Plaintiff's Motion to Strike NetApp's Supplemental Invalidity Contentions.Signed by Magistrate Judge John D. Love on 9/15/2017. (rlf)
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| Filing 229 Anticipated Trial Witness List by Realtime Data LLC. (Mirzaie, Reza) |
| Filing 228 Trial Witness List by NetApp, Inc., SolidFire, LLC. (Mayer, Colette) |
| Filing 227 SUR-REPLY to Reply to Response to Motion re #217 MOTION to Strike Supplemental Invalidity Contentions filed by NetApp, Inc., SolidFire, LLC. (Mayer, Colette) |
| Filing 226 NOTICE of Attorney Appearance by Christopher J Wiener on behalf of NetApp, Inc., SolidFire, LLC (Wiener, Christopher) |
| Filing 225 REPLY to Response to Motion re #217 MOTION to Strike Supplemental Invalidity Contentions filed by Realtime Data LLC. (Attachments: #1 Exhibit A - Asserted Claims against NetApp, #2 Exhibit B - Asserted Claims against Rackspace)(Wang, Philip) |
| Filing 224 SEALED RESPONSE to Motion re #217 MOTION to Strike Supplemental Invalidity Contentions filed by NetApp, Inc., SolidFire, LLC. (Attachments: #1 Declaration of Colette Reiner Mayer, #2 Exhibit 1 to Mayer Decl., #3 Exhibit 2 to Mayer Decl., #4 Exhibit 3 to Mayer Decl., #5 Exhibit 4 to Mayer Decl., #6 Exhibit 5 to Mayer Decl.)(Mayer, Colette) (Additional attachment(s) added on 8/31/2017: #7 Text of Proposed Order) (rlf, ). |
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Filing 223
ORDER ADOPTING #209 REPORT AND RECOMMENDATIONS. All objections are OVERRULED and NetApp's #180 Motion to Dismiss is DENIED. Signed by Judge Robert W. Schroeder, III on 8/21/2017. (rlf)
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| Filing 222 RESPONSE to #216 Objection to Report and Recommendations filed by Realtime Data LLC. (Chung, C.) |
| Filing 221 NOTICE by Rackspace US, Inc. to Stop Electronic Notification (Paxson, Sarah) |
| Filing 220 NOTICE by NetApp, Inc., SolidFire, LLC Notice by NetApp, Inc. and SolidFire, LLC of Subpoena to Rackspace US, Inc. (Mayer, Colette) |
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Filing 219
ORDER granting #218 Motion for Discovery. It is further ORDERED that the parties have until September 1, 2017 to complete the additional discovery. Signed by Magistrate Judge John D. Love on 8/15/2017. (rlf)
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| Filing 218 Unopposed MOTION for Discovery Unopposed Motion of Netapp, Inc. and SolidFire, LLC for Leave to Take Discovery Limited to Settlement Between Rackspace US, Inc. and Realtime Data, LLC by NetApp, Inc., SolidFire, LLC. (Attachments: #1 Text of Proposed Order)(Mayer, Colette) |
| Filing 217 MOTION to Strike Supplemental Invalidity Contentions by Realtime Data LLC. (Attachments: #1 Text of Proposed Order, #2 Affidavit Philip Wang, #3 Exhibit A Realtime Contentions to NetApp, #4 Exhibit B Realtime Contentions to Rackspace, #5 Exhibit C Initial Invalidity Contentions, #6 Exhibit D Realtime P.R. 4-2 Disclosure, #7 Exhibit E Rackspace email, #8 Exhibit F Supplemental Invalidity Contentions, #9 Exhibit G Realtime email, #10 Exhibit H NetApp email, #11 Exhibit I Final Prior Art Election)(Wang, Philip) |
| Filing 216 OBJECTION to #209 Report and Recommendations Denying Motion of NetApp, Inc. and SolidFire, LLC to Dismiss or Transfer for Improper Venue by NetApp, Inc., SolidFire, LLC. (Attachments: #1 Text of Proposed Order)(Mayer, Colette) |
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Filing 215
ORDER OF PARTIAL DISMISSAL, granting #214 Motion to Dismiss. IT IS THEREFORE ORDERED that Realtime's claims for relief against Rackspace and Rackspace's counterclaims for relief against Realtime are dismissed with prejudice. IT IS FURTHER ORDERED that all attorneys' fees, costs of court and expenses shall be borne by each party incurring the same. Signed by Judge Robert W. Schroeder, III on 8/1/2017. (rlf)
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| Filing 214 Joint MOTION to Dismiss Rackspace US, Inc. by Realtime Data LLC. (Attachments: #1 Text of Proposed Order)(Chung, C.) |
| Filing 213 NOTICE of Attorney Appearance by Stanley H Thompson, Jr on behalf of Realtime Data LLC (Thompson, Stanley) |
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Filing 212
MEMORANDUM OPINION AND ORDER. The Court DENIES #196 NetApp's Second Renewed Motion to Stay Litigation Pending Inter Partes Review and DENIES #201 Rackspace's Renewed Motion to Stay Pending Inter Partes Review. Signed by Magistrate Judge John D. Love on 7/25/2017. (rlf)
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Filing 211
AMENDED DOCKET CONTROL ORDER. ORDER granting #210 Motion to Amend. Signed by Magistrate Judge John D. Love on 7/25/2017. (rlf)
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| Filing 210 Joint MOTION to Amend/Correct Joint Motion to Amend Docket Control Order by Realtime Data LLC. (Attachments: #1 Proposed DCO)(Chung, C.) |
| Filing 209 REPORT AND RECOMMENDATIONS recommending that #180 MOTION to Dismiss for Improper Venue, or in the Alternative, Transfer to the Northern District of California be DENIED. Signed by Magistrate Judge John D. Love on 7/21/2017. (rlf) |
| Filing 208 REPLY to Response to Motion re #196 Second MOTION to Stay Litigation Pending Inter Partes Review of Patents-In-Suit (Second Renewed Motion) REPLY IN SUPPORT OF SECOND RENEWED MOTION TO STAY LITIGATION PENDING INTER PARTES REVIEW filed by NetApp, Inc., SolidFire, LLC. (Attachments: #1 Affidavit Declaration of Colette Reiner Mayer ISO NetApp, Inc. & Solidfire, LLC's Reply ISO Second Renewed Motion to Stay Litigation Pending IPR, #2 Exhibit 1 to C.R. Mayer Decl. ISO Reply ISO Second Renewed Motion to Stay)(Mayer, Colette) |
| Filing 207 RESPONSE in Opposition re #201 MOTION to Stay Pending Inter Partes Review filed by Realtime Data LLC. (Attachments: #1 Text of Proposed Order)(Chung, C.) |
| Filing 206 RESPONSE in Opposition re #196 Second MOTION to Stay Litigation Pending Inter Partes Review of Patents-In-Suit (Second Renewed Motion) filed by Realtime Data LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Text of Proposed Order)(Wang, Philip) |
| Filing 205 SUR-REPLY to Reply to Response to Motion re #180 MOTION to Dismiss for Improper Venue, or in the Alternative, Transfer to the Northern District of California filed by Realtime Data LLC. (Chung, C.) |
| Filing 204 NOTICE of Attorney Appearance - Pro Hac Vice by Diek O Van Nort on behalf of NetApp, Inc., SolidFire, LLC. Filing fee $ 100, receipt number 0540-6366170. (Van Nort, Diek) |
| Filing 203 NOTICE of Attorney Appearance - Pro Hac Vice by Shaelyn K Dawson on behalf of NetApp, Inc., SolidFire, LLC. Filing fee $ 100, receipt number 0540-6366125. (Dawson, Shaelyn) |
| Filing 202 REPLY to Response to Motion re #180 MOTION to Dismiss for Improper Venue, or in the Alternative, Transfer to the Northern District of California filed by NetApp, Inc., SolidFire, LLC. (Mayer, Colette) |
| Filing 201 MOTION to Stay Pending Inter Partes Review by Rackspace US, Inc.. (Attachments: #1 Exhibit Declaration of Paul Storm, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7)(Storm, Paul) (Additional attachment(s) added on 6/30/2017: #9 Text of Proposed Order) (rlf, ). |
| Filing 200 NOTICE by NetApp, Inc., SolidFire, LLC of SAP America, Inc. (Mayer, Colette) |
| Filing 199 NOTICE by NetApp, Inc., SolidFire, LLC of Subpoena to SYBASE, INC. (Mayer, Colette) |
| Filing 198 NOTICE by Rackspace US, Inc. of Subpoena to Cellco Partnership D/B/A Verizon Wireless (Storm, Paul) |
| Filing 197 Additional Attachments to Main Document: #196 Second MOTION to Stay Litigation Pending Inter Partes Review of Patents-In-Suit (Second Renewed Motion).. (Attachments: #1 Exhibit 10 (IPR2016-00972 -1002 Trial Hrg Ord), #2 Exhibit 11 (IPR2016-00978 -980 Trial Hrg Ord), #3 Exhibit 12 (Asserted Claims), #4 Exhibit 13 (Third Suppl PICs), #5 Exhibit 14 (2017-06-09 Email), #6 Exhibit 15 (Dell HP Stay Order), #7 Exhibit 16 (Teradata Stay Order), #8 Exhibit 17 (Veritas Stay Order), #9 Exhibit 18 (EMC Stay Order), #10 Exhibit 19 (IPR2017-01627 (RS) Pet. '530 patent), #11 Exhibit 20 (IPR2017-01627 (RS Joinder ('530 patent), #12 Exhibit 21 (IPR2017-01629 (RS) Pet. '908 patent), #13 Exhibit 22 (IPR2017-01629 (RS) Joinder '908 patent))(Mayer, Colette) |
| Filing 196 Second MOTION to Stay Litigation Pending Inter Partes Review of Patents-In-Suit (Second Renewed Motion) by NetApp, Inc., SolidFire, LLC. (Attachments: #1 Text of Proposed Order, #2 Affidavit Declaration Colette Reiner Mayer, #3 Exhibit 1 (IPR Pet. '992), #4 Exhibit 2 (IPR Pet. '513), #5 Exhibit 3 (IPR Pet. '728), #6 Exhibit 4 (IPT Pet. '506), #7 Exhibit 5 (IPR2017-00365 DI and Joinder), #8 Exhibit 6 (IPR2017-00366 DI and Joinder), #9 Exhibit 7 (IPR2017-00364 DI-Joinder), #10 Exhibit 8 (IPR2017-00179 DI), #11 Exhibit 9 (IPR2017-00176 DI))(Mayer, Colette) |
| Filing 195 RESPONSE in Opposition re #180 MOTION to Dismiss for Improper Venue, or in the Alternative, Transfer to the Northern District of California filed by Realtime Data LLC. (Attachments: #1 Text of Proposed Order)(Chung, C.) |
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Filing 194
ORDER granting #192 Motion to Withdraw as Attorney. Attorney Jeffrey Zhi Yang Liao terminated. Signed by Magistrate Judge John D. Love on 06/23/17. (mll, )
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Filing 193
AMENDED DOCKET CONTROL ORDER. Second Mediation Completion due by 10/16/2017. Jury Selection set for 1/16/2018 09:00AM before Judge Robert W. Schroeder III. Jury Trial set for 1/22/2018 09:00 AM before Judge Robert W. Schroeder III. Pretrial Conference set for 12/19/2017 09:00 AM before Magistrate Judge John D. Love. Signed by Magistrate Judge John D. Love on 06/22/17. (mll, )
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| Filing 192 MOTION to Withdraw as Attorney by Realtime Data LLC. (Attachments: #1 Text of Proposed Order)(Liao, Jeffrey) |
| Filing 191 NOTICE by Rackspace US, Inc. of Subpoena to Microsoft Corporation (Storm, Paul) |
| Filing 190 NOTICE by Rackspace US, Inc. of Subpoena to Citrix Systems, Inc. (Storm, Paul) |
| Filing 189 NOTICE by Rackspace US, Inc. of Subpoena to Blue Coat Systems, Inc. (Storm, Paul) |
| Filing 188 NOTICE by Rackspace US, Inc. of Subpoena to Oracle America, Inc. (Storm, Paul) |
| Filing 187 Joint MOTION to Amend/Correct Docket Control Order by Rackspace US, Inc.. (Attachments: #1 Text of Proposed Order Proposed Amended DCO)(Storm, Paul) |
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Filing 186
MEMORANDUM OPINION AND ORDER. The Court GRANTS #158 Plaintiff's Motion for Leave to Supplement Infringement Contentions as to Rackspace. The Court further ORDERS Plaintiff to serve amended infringement contentions with respect to Rackspace's Managed Backup product that are consistent with the Court's Order regarding #156 NetApp's Motion to Strike Plaintiffs Infringement Contentions within seven (7) days of this Order. The Court further ORDERS that Rackspace may, if it so chooses, serve Amended Invalidity Contentions within thirty (30) days of this Order without seeking further leave of Court. The Court further sua sponte EXTENDS the Dispositive Motion Deadline for all parties to October 3, 2017. The Court ORDERS all parties to meet and confer and submit an amended Docket Control Order to the Court consistent with this deadline extension within seven (7) days of this order. Signed by Magistrate Judge John D. Love on 6/19/2017. (rlf)
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| Filing 185 SUR-REPLY to Reply to Response to Motion re #158 SEALED MOTION FOR LEAVE TO SUPPLEMENT INFRINGEMENT CONTENTIONS AS TO DEFENDANT RACKSPACE US, INC - CORRECTED filed by Rackspace US, Inc.. (Attachments: #1 Exhibit A)(Storm, Paul) |
| Filing 184 NOTICE of Attorney Appearance by Christian W Conkle on behalf of Realtime Data LLC (Conkle, Christian) |
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Filing 183
MEMORANDUM OPINION AND ORDER. The Court adopts the constructions as set forth in this Order. Signed by Magistrate Judge John D. Love on 06/14/17. (mll, )
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Filing 182
ORDER OVERRULING OBJECTIONS TO MEMORANDUM OPINION AND ORDER OF UNITED STATES MAGISTATE JUDGE. The Court OVERRULES each of NetApp and SolidFire's objections to the Memorandum, Opinion & Order of the United States Magistrate Judge. Docket No. 110. Signed by Judge Robert W. Schroeder, III on 06/14/17. (mll, )
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| Filing 181 SUR-REPLY to Reply to Response to Motion re #158 SEALED MOTION FOR LEAVE TO SUPPLEMENT INFRINGEMENT CONTENTIONS AS TO DEFENDANT RACKSPACE US, INC filed by Rackspace US, Inc.. (Attachments: #1 Exhibit Declaration of Paul V. Storm, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4)(Storm, Paul) |
| Filing 180 MOTION to Dismiss for Improper Venue, or in the Alternative, Transfer to the Northern District of California by NetApp, Inc., SolidFire, LLC. (Attachments: #1 Attachment A (ECF No. [54-3]), #2 Attachment B (ECF No. [54-2]))(Mayer, Colette) |
| Filing 179 NOTICE by NetApp, Inc., SolidFire, LLC - Notice of Subpoena to Vembu Technologies, Inc. - (Mayer, Colette) |
| Filing 178 NOTICE by NetApp, Inc., SolidFire, LLC Notice of Subpoena to F5 Networks, Inc. (Mayer, Colette) |
| Filing 177 NOTICE by NetApp, Inc., SolidFire, LLC Notice of Subpoena to Ranga Sourirajan (Mayer, Colette) |
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Filing 176
ORDER denying #162 Motion to Amend/Correct Docket Control Order. Parties are ORDERED to proceed pursuant to the Amended Docket Control Order #167 issued 6-02-2017. This includes a current Fact Discovery Deadline of 7-10-2017 for all parties in this matter. Signed by Magistrate Judge John D. Love on 06/08/17. (mll, )
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| Filing 175 NOTICE by Rackspace US, Inc. re #162 MOTION to Amend/Correct Docket Control Order (Rackspace's Non-Opposition) (Storm, Paul) |
| Filing 174 NOTICE by Realtime Data LLC of Subpoena to Vivasvat Keswani (Liao, Jeffrey) |
| Filing 173 NOTICE by Realtime Data LLC of Subpoena to Subramanian Periyagaram (Liao, Jeffrey) |
| Filing 172 NOTICE by Realtime Data LLC of Subpoena to Greg Taleck (Liao, Jeffrey) |
| Filing 171 REPLY to Response to Motion re #158 SEALED MOTION FOR LEAVE TO SUPPLEMENT INFRINGEMENT CONTENTIONS AS TO DEFENDANT RACKSPACE US, INC filed by Realtime Data LLC. (Attachments: #1 Exhibit A)(Chung, C.) |
| Filing 170 RESPONSE in Opposition re #162 MOTION to Amend/Correct Docket Control Order filed by Realtime Data LLC. (Attachments: #1 Text of Proposed Order)(Chung, C.) |
| Filing 169 NOTICE of Discovery Disclosure by Realtime Data LLC Notice of Disclosure of Experts (Henry, Claire) |
| Filing 168 NOTICE of Discovery Disclosure by NetApp, Inc., SolidFire, LLC --Defendants' Notice of Disclosure of Experts (Mayer, Colette) |
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Filing 167
AMENDED DOCKET CONTROL ORDER. Signed by Magistrate Judge John D. Love on 6/2/2017. (rlf)
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Filing 166
ORDER FOR EXPEDITED BRIEFING SCHEDULE. It is ORDERED that the briefing schedule on NetApps motion shall be as follows: NetApp's motion to amend Docket Control Order due Wednesday, May 31, 2017. Realtime's opposition due Monday, June 5, 2017. No reply/sur-reply to be filed. Signed by Magistrate Judge John D. Love on 6/1/2017. (rlf)
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| Filing 165 Joint MOTION to Amend/Correct #160 Order, Terminate Motions Docket Control Order by Rackspace US, Inc.. (Attachments: #1 Text of Proposed Order Amended Docket Control Order)(Storm, Paul) |
| Filing 164 Joint MOTION to Expedite BRIEFING SCHEDULE ON MOTION TO AMEND DOCKET CONTROL ORDER by NetApp, Inc., SolidFire, LLC. (Attachments: #1 Text of Proposed Order)(Smith, Melissa) |
| Filing 163 SEALED ADDITIONAL ATTACHMENTS to Main Document: #162 MOTION to Amend/Correct Docket Control Order. (Attachments: #1 EX 1, #2 EX 2, #3 EX 3, #4 EX 4, #5 EX 5, #6 EX 6, #7 EX 7, #8 EX 8, #9 EX 9, #10 EX 10, #11 EX 11, #12 EX 12, #13 EX 13, #14 EX 14)(Smith, Melissa) |
| Filing 162 MOTION to Amend/Correct Docket Control Order by NetApp, Inc., SolidFire, LLC. (Attachments: #1 Affidavit C. Mayer, #2 Mayer Decl. Ex. 15 - May 26 Email re Depositions, #3 Mayer Decl. Ex. 16 - May 18 Email re Extension of Case Schedule, #4 Mayer Decl. Ex. 17 -2017-02-23 Esposito ltr to Liao re Realtime doc prod deficiencies, #5 Mayer Decl. Ex. 18 - May 19 Email Chain re OCR Issues, #6 Text of Proposed Order)(Smith, Melissa) |
| Filing 161 RESPONSE in Opposition re #158 SEALED MOTION FOR LEAVE TO SUPPLEMENT INFRINGEMENT CONTENTIONS AS TO DEFENDANT RACKSPACE US, INC filed by Rackspace US, Inc.. (Storm, Paul) (Additional attachment(s) added on 6/1/2017: #1 Text of Proposed Order) (rlf, ). |
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Filing 160
AMENDED DOCKET CONTROL ORDER. Signed by Magistrate Judge John D. Love on 5/19/2017. (rlf)
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| Filing 159 Joint MOTION re #121 Order on Motion to Amend/Correct the Docket Control Order by Rackspace US, Inc.. (Attachments: #1 Text of Proposed Order Amended Docket Control Order)(Storm, Paul) |
| Filing 158 SEALED MOTION FOR LEAVE TO SUPPLEMENT INFRINGEMENT CONTENTIONS AS TO DEFENDANT RACKSPACE US, INC by Realtime Data LLC. (Attachments: #1 Affidavit of Jay Chung, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Text of Proposed Order)(Chung, C.) |
| Filing 157 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Markman Hearing Proceedings held on 4/27/2017 before Judge John D. Love. Court Reporter: Shea Sloan, shea_sloan@txed.uscourts.gov NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) business days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.txed.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 6/5/2017. Redacted Transcript Deadline set for 6/15/2017. Release of Transcript Restriction set for 8/14/2017. (sms, ) |
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Filing 156
MEMORANDUM OPINION AND ORDER. #117 NetApp's Motion to Strike Plaintiff Realtime Data LLC's Infringement Contentions and to Compel Compliance is GRANTED-IN-PART. Realtime is ORDERED to serve Supplemental Infringement Contentions consistent with P.R. 3-1 within 14 days of this Order. Signed by Magistrate Judge John D. Love on 5/10/2017. (rlf)
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| Filing 155 NOTICE of Attorney Appearance by James N Pickens on behalf of Realtime Data LLC (Pickens, James) |
| Filing 154 PAPER TRANSCRIPT REQUEST by Realtime Data LLC for proceedings held on April 27, 2017 for the Markman Hearing before Judge John D. Love. (Wang, Philip) |
| Filing 153 Minute Entry for proceedings held before Magistrate Judge John D. Love: Markman Hearing held on 4/27/2017. (Court Reporter Shea Sloan.) (srb) (Additional attachment(s) added on 4/27/2017: #1 Appendix) (srb, ). |
| Filing 152 SUR-REPLY to Reply to Response to Motion re #117 Opposed MOTION to Strike Plaintiff Realtime Data LLC's Infringement Contentions and to Compel Compliance Under P.R. 3-1 filed by Realtime Data LLC. (Chung, C.) |
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Filing 151
MEMORANDUM OPINION AND ORDER denying #130 Renewed Motion to Stay. Signed by Magistrate Judge John D. Love on 04/24/17. (mll, )
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Filing 150
MEMORANDUM OPINION AND ORDER denying #106 Motion to Stay. Signed by Magistrate Judge John D. Love on 04/24/17. (mll, )
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| Filing 149 REPLY to Response to Motion re #117 Opposed MOTION to Strike Plaintiff Realtime Data LLC's Infringement Contentions and to Compel Compliance Under P.R. 3-1 filed by NetApp, Inc., SolidFire, LLC. (Attachments: #1 Declaration of Robert Esposito, #2 Exhibit A)(Mayer, Colette) |
| Filing 148 Joint Claim Construction Chart (Attachments: #1 Exhibit A, #2 Exhibit B)(Wang, Philip) |
| Filing 147 RESPONSE to Motion re #130 MOTION to Stay -RENEWED MOTION TO STAY LITIGATION PENDING INTER PARTES REVIEW OF PATENTS-IN-SUIT filed by Realtime Data LLC. (Attachments: #1 Text of Proposed Order, #2 Affidavit Philip X. Wang, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6)(Wang, Philip) |
| Filing 146 SEALED RESPONSE to Motion re #117 Opposed MOTION to Strike Plaintiff Realtime Data LLC's Infringement Contentions and to Compel Compliance Under P.R. 3-1 filed by Realtime Data LLC. (Attachments: #1 Proposed Order, #2 Declaration of Jeffrey Z.Y. Liao, #3 Exhibit 1 to Declaration of Jeffrey Z.Y. Liao)(Chung, C.) |
| Filing 145 REPLY CLAIM CONSTRUCTION BRIEF filed by Realtime Data LLC. (Chung, C.) |
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Filing 144
MEMORANDUM OPINION AND ORDER. The Court DENIES NetApp and SolidFires Motion to Strike Untimely Expert Declaration. (Doc. No. 133.) Signed by Magistrate Judge John D. Love on 4/17/2017. (rlf)
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| Filing 143 NOTICE by Realtime Data LLC of Estimated Time Requested for Markman Hearing (Chung, C.) |
| Filing 142 RESPONSE in Opposition re #133 MOTION to Strike UNTIMELY EXPERT DECLARATION filed by Realtime Data LLC. (Attachments: #1 Text of Proposed Order, #2 Affidavit of Jay Chung, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6)(Chung, C.) |
| Filing 141 SUR-REPLY to Reply to Response to Motion re #110 MOTION for Reconsideration re #104 Memorandum & Opinion, Terminate Motions,, and Objections to Order #104 filed by Realtime Data LLC. (Chung, C.) |
| Filing 140 Additional Attachments to Main Document: #139 Claim Construction Brief.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Mayer, Colette) |
| Filing 139 DEFENDANTS RACKSPACE US, INC., NETAPP, INC., AND SOLIDFIRE, LLC'S RESPONSIVE CLAIM CONSTRUCTION BRIEF filed by NetApp, Inc., SolidFire, LLC. (Mayer, Colette) |
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Filing 138
ORDER granting #137 Motion to Amend Briefing Schedule. Realtimes opposition to Dkt. No. #117 due Monday, April 17, 2017. Defendants reply due Friday, April 21, 2017. Realtimes sur-reply due Monday, April 24, 2017. Signed by Magistrate Judge John D. Love on 4/10/2017. (rlf)
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| Filing 137 Joint MOTION to Amend/Correct Briefing Schedule on Motion (Dkt. No. 117) to Strike Infringement Contentions and to Compel Compliance Under P.R. 3-1 by Realtime Data LLC. (Attachments: #1 Proposed Order)(Chung, C.) |
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Filing 136
ORDER granting #134 Motion to Expedite Briefing on Motion to Strike Declaration of Dr. Zeger. REaltime's opposition due April 12, 2017, No Reply / Sur-reply. Signed by Magistrate Judge John D. Love on 4/6/2017. (rlf)
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Filing 135
ORDER granting #132 Motion to Expedite Briefing. Realtime's Opposition due April l7, 2017, no reply/sur-reply. Signed by Magistrate Judge John D. Love on 4/6/2017. (rlf)
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| Filing 134 Joint MOTION to Expedite BRIEFING SCHEDULE ON MOTION TO STRIKE EXPERT DECLARATION by NetApp, Inc., SolidFire, LLC. (Attachments: #1 Text of Proposed Order)(Mayer, Colette) |
| Filing 133 MOTION to Strike UNTIMELY EXPERT DECLARATION by NetApp, Inc., SolidFire, LLC. (Attachments: #1 Text of Proposed Order, #2 Affidavit Declaration of Robert Esposito, #3 Exhibit 1, #4 Exhibit 2)(Mayer, Colette) |
| Filing 132 Joint MOTION to Expedite BRIEFING SCHEDULE ON RENEWED MOTION TO STAY LITIGATION PENDING INTER PARTES REVIEW OF PATENTS-IN-SUIT by NetApp, Inc., SolidFire, LLC. (Attachments: #1 Text of Proposed Order)(Mayer, Colette) |
| Filing 131 Additional Attachments to Main Document: #130 MOTION to Stay -RENEWED MOTION TO STAY LITIGATION PENDING INTER PARTES REVIEW OF PATENTS-IN-SUIT.. (Attachments: #1 Exhibit 14, #2 Exhibit 15, #3 Exhibit 16, #4 Exhibit 17, #5 Exhibit 18, #6 Exhibit 19, #7 Exhibit 20, #8 Exhibit 21, #9 Exhibit 22, #10 Exhibit 23, #11 Exhibit 24, #12 Exhibit 25, #13 Exhibit 26, #14 Exhibit 27, #15 Exhibit 28)(Mayer, Colette) |
| Filing 130 MOTION to Stay -RENEWED MOTION TO STAY LITIGATION PENDING INTER PARTES REVIEW OF PATENTS-IN-SUIT by NetApp, Inc., SolidFire, LLC. (Attachments: #1 Text of Proposed Order, #2 Affidavit Declaration of Robert Esposito, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9, #12 Exhibit 10, #13 Exhibit 11, #14 Exhibit 12, #15 Exhibit 13)(Mayer, Colette) |
| Filing 129 REPLY to Response to Motion re #110 MOTION for Reconsideration re #104 Memorandum & Opinion, Terminate Motions,, and Objections to Order #104 --REPLY ISO MOTION TO RECONSIDER ORDER DENYING MOTION TO TRANSFER, OR IN THE ALTERNATIVE, SEVER AND TRANSFER THE CLAIMS AGAINST NETAPP, INC. AND SOLIDFIRE, LLC TO THE NORTHERN DISTRICT OF CALIFORNIA filed by NetApp, Inc., SolidFire, LLC. (Attachments: #1 Affidavit Declaration of Colette Reiner Mayer)(Mayer, Colette) |
| Filing 128 CLAIM CONSTRUCTION BRIEF filed by Realtime Data LLC. (Attachments: #1 Declaration of Jay Chung, #2 Ex. 1, #3 Ex. 2, #4 Ex. 3, #5 Ex. 4, #6 Ex. 5, #7 Ex. 6, #8 Ex. 7, #9 Ex. 8, #10 Ex. 9, #11 Ex. 10, #12 Ex. 11, #13 Ex. 12, #14 Ex. 13, #15 Ex. 14, #16 Ex. 15, #17 Ex. 16, #18 Ex. 17)(Chung, C.) |
| Filing 127 NOTICE by Realtime Data LLC of Submission of Technology Tutorial (Henry, Claire) |
| Filing 126 NOTICE by NetApp, Inc., SolidFire, LLC re #111 Affidavit in Support of Motion,, NOTICE OF CORRECTED EXHIBITS TO THE DECLARATION OF COLETTE REINER MAYER #111 (Attachments: #1 Exhibit A-2, #2 Exhibit A-3, #3 Exhibit B-2, #4 Exhibit B-3, #5 Exhibit C-2, #6 Exhibit C-3, #7 Exhibit D-2, #8 Exhibit D-3, #9 Exhibit E-2, #10 Exhibit E-3, #11 Exhibit F-2, #12 Exhibit F-3)(Mayer, Colette) |
| Filing 125 SUR-REPLY to Reply to Response to Motion re #106 MOTION to Stay Pending Inter Partes Review filed by Realtime Data LLC. (Chung, C.) |
| Filing 124 NOTICE by NetApp, Inc., Rackspace US, Inc., SolidFire, LLC of Compliance Regarding Technical Tutorial (Smith, Melissa) |
| Filing 123 ***DOCUMENT FILED IN ERROR. PLEASE DISREGARD.***NOTICE by Fujitsu America, Inc., NetApp, Inc., Quantum Corporation, Rackspace US, Inc., SolidFire, LLC (DEFENDANTS' NOTICE OF COMPLIANCE REGARDING TECHNICAL TUTORIAL) (Smith, Melissa) Modified on 3/29/2017 (mjc, ). |
| ***FILED IN ERROR. Document #123 Notice. PLEASE IGNORE. TO BE REFILED BY ATTORNEY.*** (mjc, ) |
| Filing 122 RESPONSE in Opposition re #110 MOTION for Reconsideration re #104 Memorandum & Opinion, Terminate Motions,, and Objections to Order #104 filed by Realtime Data LLC. (Attachments: #1 Exhibit 1)(Chung, C.) |
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Filing 121
AMENDED DOCKET CONTROL ORDER. Signed by Magistrate Judge John D. Love on 03/27/17. (mll, )
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| Filing 120 SEALED ADDITIONAL ATTACHMENTS to Main Document: #117 Opposed MOTION to Strike Plaintiff Realtime Data LLC's Infringement Contentions and to Compel Compliance Under P.R. 3-1 . (Attachments: #1 Exhibit 16, #2 Exhibit 23)(Smith, Melissa) |
| Filing 119 Additional Attachments to Main Document: #117 Opposed MOTION to Strike Plaintiff Realtime Data LLC's Infringement Contentions and to Compel Compliance Under P.R. 3-1 .. (Attachments: #1 Exhibit 14- Part 1, #2 Exhibit 14- Part 2, #3 Exhibit 14- Part 3, #4 Exhibit 14- Part 4, #5 Exhibit 15, #6 Exhibit 17, #7 Exhibit 18, #8 Exhibit 19, #9 Exhibit 20, #10 Exhibit 21, #11 Exhibit 22, #12 24)(Smith, Melissa) |
| Filing 118 Additional Attachments to Main Document: #117 Opposed MOTION to Strike Plaintiff Realtime Data LLC's Infringement Contentions and to Compel Compliance Under P.R. 3-1 .. (Attachments: #1 Exhibit 11 - Part 1, #2 Exhibit 11- Part 2, #3 Exhibit 11 - Part 3, #4 Exhibit 12- Part 1, #5 Exhibit 12- Part 2, #6 Exhibit 12- Part 3, #7 Exhibit 12- Part 4, #8 Exhibit 13- Part 1, #9 Exhibit 13- Part 2, #10 Exhibit 13- Part 3, #11 Exhibit 13- Part 4)(Smith, Melissa) |
| Filing 117 Opposed MOTION to Strike Plaintiff Realtime Data LLC's Infringement Contentions and to Compel Compliance Under P.R. 3-1 by NetApp, Inc., SolidFire, LLC. (Attachments: #1 Text of Proposed Order, #2 Exhibit Declaration of Collette Reiner Mayer, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9, #12 Exhibit 10 part 1, #13 Exhibit 10 part 2, #14 Exhibit 10 part 3, #15 Exhibit 10 part 4)(Smith, Melissa) |
| Filing 116 Joint MOTION to Amend/Correct Joint Motion to Amend Docket Control Order by Realtime Data LLC. (Attachments: #1 Proposed DCO)(Chung, C.) |
| Filing 115 REPORT of Mediation by David Folsom. Mediation result: suspended (Rackspace US, Inc., NetApp, Inc., SolidFire, LLC)(Folsom, David) |
| Filing 114 REPLY to Response to Motion re #106 MOTION to Stay Pending Inter Partes Review filed by Rackspace US, Inc.. (Storm, Paul) |
| Filing 113 RESPONSE in Opposition re #106 MOTION to Stay Pending Inter Partes Review filed by Realtime Data LLC. (Attachments: #1 Exhibit 1, #2 Text of Proposed Order)(Chung, C.) |
| Filing 112 AFFIDAVIT in Support re #110 MOTION for Reconsideration re #104 Memorandum & Opinion, Terminate Motions,, and Objections to Order #104 -Declaration of Ravi Kavuri filed by NetApp, Inc., SolidFire, LLC. (Mayer, Colette) |
| Filing 111 AFFIDAVIT in Support re #110 MOTION for Reconsideration re #104 Memorandum & Opinion, Terminate Motions,, and Objections to Order #104 Declaration of Colette Reiner Mayer filed by NetApp, Inc., SolidFire, LLC. (Attachments: #1 Exhibit A-2, #2 Exhibit A-3, #3 Exhibit B-2, #4 Exhibit B-3, #5 Exhibit C-2, #6 Exhibit C-3, #7 Exhibit D-2, #8 Exhibit D-3, #9 Exhibit E-2, #10 Exhibit E-3, #11 Exhibit F-2, #12 Exhibit F-3)(Mayer, Colette) |
| Filing 110 MOTION for Reconsideration re #104 Memorandum & Opinion, Terminate Motions,, and Objections to Order #104 by NetApp, Inc., SolidFire, LLC. (Attachments: #1 Text of Proposed Order, #2 Affidavit Declaration of AJ Mahajan, # 3)(Mayer, Colette) |
| Filing 109 NOTICE by Realtime Data LLC re #100 Order, Terminate Motions (Liao, Jeffrey) |
| Filing 108 Joint Claim Construction and Prehearing Statement by Realtime Data LLC. (Attachments: #1 Exhibit A)(Chung, C.) |
| Filing 107 NOTICE of Attorney Appearance by Philip X Wang on behalf of Realtime Data LLC (Wang, Philip) |
| Filing 106 MOTION to Stay Pending Inter Partes Review by Rackspace US, Inc.. (Attachments: #1 Text of Proposed Order Proposed Order, #2 Affidavit Declaration of Paul Storm, #3 Exhibit 1 to Storm Declaration, #4 Exhibit 2 to Storm Declaration, #5 Exhibit 3 to Storm Declaration, #6 Exhibit 4 to Storm Declaration, #7 Exhibit 5 to Storm Declaration, #8 Exhibit 6 to Storm Declaration, #9 Exhibit 7 to Storm Declaration)(Storm, Paul) (Additional attachment(s) added on 3/8/2017: #10 Revised Proposed Order) (rlf, ). |
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Filing 105
MEMORANDUM OPINION AND ORDER. The Court DENIES #51 NetApp and SolidFires MOTION to Stay Pending Inter Partes Review. Signed by Magistrate Judge John D. Love on 2/27/2017. (rlf)
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Filing 104
MEMORANDUM OPINION AND ORDER. The Court DENIES #54 Defendants Motion to Transfer Venue Pursuant to 28 U.S.C. 1404(a). The Court also DENIES NetApp and SolidFires alternative request for severance and transfer. The Court DENIES AS MOOT #101 NetApp and SolidFires Motion to Stay the Litigation Pending Resolution of NetApp and SolidFires Motion to Transfer. Signed by Magistrate Judge John D. Love on 2/27/2017. (rlf)
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| Filing 103 NOTICE by Fujitsu America, Inc. re #81 Reply to Response to Motion, #51 MOTION to Stay Litigation Pending Inter Partes Review of Patents-In-Suit Defendant Fujitsu America, Inc.'s Notice of Joinder with Defendants NetApp, Inc. and Solidfire, Inc.'s Motion to Stay Pending Inter Parties Review (Kim, Rudy) |
| Filing 102 REPORT of Mediation by David Folsom. Mediation result: suspended (Quantum Corporation)(Folsom, David) |
| Filing 101 MOTION to Stay Litigation Pending Resolution of Defendants NetApp, Inc. and SolidFire, LLC's Motion to Transfer by NetApp, Inc., SolidFire, LLC. (Attachments: #1 Text of Proposed Order, #2 Affidavit Declaration of Colette Reiner Mayer, #3 Exhibit 1 to Mayer Decl., #4 Exhibit 2 to Mayer Decl., #5 Exhibit 3 to Mayer Decl., #6 Exhibit 4 to Mayer Decl., #7 Exhibit 5 to Mayer Decl., #8 Exhibit 6 to Mayer Decl., #9 Exhibit 7 to Mayer Decl., #10 Exhibit 8 to Mayer Decl., #11 Exhibit 9 to Mayer Decl., #12 Exhibit 10 to Mayer Decl., #13 Exhibit 11 to Mayer Decl., #14 Exhibit 12 to Mayer Decl.)(Mayer, Colette) |
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Filing 100
AMENDED DOCKET CONTROL ORDER. Signed by Magistrate Judge John D. Love on 2/15/2017. (rlf)
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Filing 99
AMENDED DOCKET CONTROL ORDER. Signed by Magistrate Judge John D. Love on 02/14/17. (mll, )
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| Filing 98 Joint MOTION to Amend/Correct #74 Order, Set Deadlines/Hearings,,,, by Realtime Data LLC. (Attachments: #1 Text of Proposed Order)(Henry, Claire) |
| Filing 97 NOTICE by Quantum Corporation re #51 MOTION to Stay Litigation Pending Inter Partes Review of Patents-In-Suit, #81 Reply to Response to Motion / Defendant Quantum Corporation's Notice of Joinder with Defendants NetApp, Inc. and Solidfire, Inc's Motion to Stay Pending Inter Partes Review (Novikov, Eugene) |
| Filing 96 Joint MOTION to Amend Docket Control Order by NetApp, Inc., Rackspace US, Inc., SolidFire, LLC. (Attachments: #1 Text of Proposed Order)(Smith, Melissa) |
| Filing 95 NOTICE by Rackspace US, Inc. re #81 Reply to Response to Motion, #51 MOTION to Stay Litigation Pending Inter Partes Review of Patents-In-Suit (Joinder with Defendants NetApp and Solidfire, Inc.) (Storm, Paul) |
| NOTICE of Deficiency regarding document #94 Rackspace US, Inc.'s Joinder with Defendants Netapp, Inc. and Solidfire, Inc.'s Motion to Stay submitted by Rackspace US, Inc. Wrong event used. Correction should be made within one business day. (rlf) |
| Filing 94 ***FILED IN ERROR. PLEASE DISREGARD.***MOTION to Stay re #81 Reply to Response to Motion, #51 MOTION to Stay Litigation Pending Inter Partes Review of Patents-In-Suit (Joinder with NetApp Inc. and Solidfire, Inc.) by Rackspace US, Inc.. (Storm, Paul) Modified on 2/13/2017 (rlf). |
| Filing 93 NOTICE by Quantum Corporation OF COMPLIANCE REGARDING P.R. 4-1 (Findlay, Eric) |
| Filing 92 NOTICE of Discovery Disclosure by NetApp, Inc., SolidFire, LLC Regarding P.R. 4-1 (Smith, Melissa) |
| Filing 91 NOTICE of Discovery Disclosure by Rackspace US, Inc. P.R. 4-1 (Storm, Paul) |
| Filing 90 NOTICE of Discovery Disclosure by Fujitsu America, Inc. P.R. 4-1 (Tindel, Andy) |
| Filing 89 NOTICE by Quantum Corporation of Compliance with Additional Disclosures (Craft, Roger) |
| Filing 88 NOTICE by Rackspace US, Inc. of Compliance Regarding Additional Disclosures (Storm, Paul) |
| Filing 87 NOTICE by NetApp, Inc., SolidFire, LLC of Compliance Regarding Additional Disclosures (Smith, Melissa) |
| Filing 86 NOTICE of Discovery Disclosure by Fujitsu America, Inc. Additional Disclosures (Tindel, Andy) |
| Filing 85 SUR-REPLY to Reply to Response to Motion re #54 MOTION to Change Venue Or, In The Alternative, Sever and Transfer Claims Against NetApp and SolidFire to Northern District of California filed by Realtime Data LLC. (Chung, C.) |
| Filing 84 SUR-REPLY to Reply to Response to Motion re #51 MOTION to Stay Litigation Pending Inter Partes Review of Patents-In-Suit filed by Realtime Data LLC. (Chung, C.) |
| Filing 83 AFFIDAVIT in Support re #54 MOTION to Change Venue Or, In The Alternative, Sever and Transfer Claims Against NetApp and SolidFire to Northern District of California in Support re #82 Reply to Response to Motion filed by NetApp, Inc., SolidFire, LLC. (Attachments: #1 Exhibit 1 Realtime v. Dropbox - Dropbox Reply iso Motion to Transfer, #2 Exhibit 2 Realtime v. Dropbox - Order Granting Motion to Transfer, #3 Exhibit 3 Map - Boulder to San Jose vs. Boulder to Tyler)(Mayer, Colette) |
| Filing 82 REPLY to Response to Motion re #54 MOTION to Change Venue Or, In The Alternative, Sever and Transfer Claims Against NetApp and SolidFire to Northern District of California filed by NetApp, Inc., SolidFire, LLC. (Mayer, Colette) |
| Filing 81 REPLY to Response to Motion re #51 MOTION to Stay Litigation Pending Inter Partes Review of Patents-In-Suit filed by NetApp, Inc., SolidFire, LLC. (Mayer, Colette) |
| Filing 80 RESPONSE in Opposition re #54 MOTION to Change Venue Or, In The Alternative, Sever and Transfer Claims Against NetApp and SolidFire to Northern District of California filed by Realtime Data LLC. (Attachments: #1 Affidavit of RICHARD G. TASHJIAN, #2 Affidavit of PAUL A. KROEGER, #3 Exhibit 1 to Kroeger Declaration, #4 Exhibit 2 to Kroeger Declaration, #5 Exhibit 3 to Kroeger Declaration, #6 Text of Proposed Order)(Kroeger, Paul) |
| Filing 79 RESPONSE in Opposition re #51 MOTION to Stay Litigation Pending Inter Partes Review of Patents-In-Suit filed by Realtime Data LLC. (Attachments: #1 Text of Proposed Order)(Chung, C.) |
| Filing 78 NOTICE of Discovery Disclosure by Rackspace US, Inc. (Storm, Paul) |
| Filing 77 NOTICE by Quantum Corporation OF COMPLIANCE WITH INITIAL DISCLOSURES (Craft, Roger) |
| Filing 76 NOTICE by Fujitsu America, Inc. of Initial Disclosures (Hubin, Daniel) |
| Filing 75 NOTICE of Discovery Disclosure by NetApp, Inc., SolidFire, LLC Initial Disclosures (Smith, Melissa) |
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Filing 74
DOCKET CONTROL ORDER. Markman Hearing set for 4/27/2017 at 09:00 AM in Tyler Courthouse before Magistrate Judge John D. Love. Dispositive Motions due by 8/25/2017. Joint Pretrial Order due by 12/4/2017. Jury Selection set for 1/16/2018 at 09:00 AM in Tyler Courthouse before Judge Robert W. Schroeder III. Jury Trial set for 1/22/2018 at 09:00 AM in Tyler Courthouse before Judge Robert W. Schroeder III. Pretrial Conference set for 12/19/2017 at 09:00 AM before Magistrate Judge John D. Love. Signed by Magistrate Judge John D. Love on 11/16/2016. (gsg)
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Filing 73
E-DISCOVERY ORDER. Signed by Magistrate Judge John D. Love on 11/16/2016. (gsg)
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Filing 72
ORDER FOCUSING PATENT CLAIMS. Signed by Magistrate Judge John D. Love on 11/16/2016. (gsg)
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Filing 71
ORDER REFERRING CASE to Mediator. David Folsom added as mediator. Signed by Magistrate Judge John D. Love on 11/16/2016. (gsg)
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Filing 70
DISCOVERY ORDER. Signed by Magistrate Judge John D. Love on 11/16/2016. (gsg)
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Filing 69
PROTECTIVE ORDER. Signed by Magistrate Judge John D. Love on 11/16/2016. (gsg)
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| Filing 68 Minute Entry for proceedings held before Magistrate Judge John D. Love: Scheduling Conference held on 11/16/2016. (srb) |
| Filing 67 NOTICE of Designation of Mediator, Hon. David Folsom, filed by Fujitsu America, Inc.. (Tindel, Andy) |
| Filing 66 NOTICE of Attorney Appearance by William Robert Lamb on behalf of SolidFire, LLC (Lamb, William) |
| Filing 65 NOTICE of Attorney Appearance by Melissa Richards Smith on behalf of SolidFire, LLC (Smith, Melissa) |
| Filing 64 NOTICE of Attorney Appearance by William Robert Lamb on behalf of NetApp, Inc. (Lamb, William) |
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Filing 63
ORDER granting #61 Stipulation of Dismissal filed by Realtime Data LLC. All claims asserted by Plaintiff against Defendant Vembu Technologies, Inc and all counterclaims asserted by Defendant against Plaintiff are DISMISSED WITH PREJUDICE, each party to bear its own costs and fees. Signed by Judge Robert W. Schroeder, III on 11/14/16. (mll, )
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Filing 62
ORDER granting #48 Motion for Leave to File Under Seal. Signed by Magistrate Judge John D. Love on 11/14/16. (mll, )
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| Filing 61 STIPULATION of Dismissal of Vembu Technologies, Inc. by Realtime Data LLC. (Attachments: #1 Text of Proposed Order)(Henry, Claire) |
| Filing 60 NOTICE of Designation of Mediator, Realtime Data LLC's Notice of Mediator with regard to Fujitsu America, Inc., filed by Realtime Data LLC. (Henry, Claire) |
| Filing 59 NOTICE of Designation of Mediator, Realtime Data LLC proposes Hon. David Folsom and Rackspace US, Inc. proposes Hon. Jeff Kaplan, filed by Realtime Data LLC. (Henry, Claire) |
| Filing 58 NOTICE of Designation of Mediator, Hon. David Folsom (with respect to Realtime Data LLC and Quantum Corporation), filed by Realtime Data LLC. (Henry, Claire) |
| Filing 57 NOTICE of Designation of Mediator, Hon. David Folsom (with respect to Realtime Data LLC, NetApp, Inc. and SolidFire, LLC), filed by Realtime Data LLC. (Henry, Claire) |
| Filing 56 Joint MOTION for Entry of Case Management Documents by Realtime Data LLC. (Attachments: #1 Exhibit 1 - Proposed Docket Control Order, #2 Exhibit 2 - Proposed E-Discovery Order, #3 Exhibit 3 - Proposed Order Focusing Patent Claims and Prior Art to Reduce Costs, #4 Exhibit 4 - Proposed Discovery Order, #5 Exhibit 5 - Proposed Protective Order)(Henry, Claire) |
| Filing 55 AFFIDAVIT in Support re #54 MOTION to Change Venue Or, In The Alternative, Sever and Transfer Claims Against NetApp and SolidFire to Northern District of California Declaration of Colette Reiner Mayer filed by NetApp, Inc., SolidFire, LLC. (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, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16)(Mayer, Colette) |
| Filing 54 MOTION to Change Venue Or, In The Alternative, Sever and Transfer Claims Against NetApp and SolidFire to Northern District of California by NetApp, Inc., SolidFire, LLC. (Attachments: #1 Text of Proposed Order, #2 Affidavit Declaration of John Engates, #3 Affidavit Declaration of Scott Dawkins)(Mayer, Colette) |
| Filing 53 Additional Attachments to Main Document: #52 Affidavit in Support of Motion,.. (Attachments: #1 Exhibit 12, #2 Exhibit 13, #3 Exhibit 14, #4 Exhibit 15, #5 Exhibit 16, #6 Exhibit 17, #7 Exhibit 18, #8 Exhibit 19, #9 Exhibit 20)(Mayer, Colette) |
| Filing 52 AFFIDAVIT in Support re #51 MOTION to Stay Litigation Pending Inter Partes Review of Patents-In-Suit Declaration of Colette Reiner Mayer filed by NetApp, Inc., SolidFire, LLC. (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, #9 Exhibit 9, #10 Exhibit 10)(Mayer, Colette) |
| Filing 51 MOTION to Stay Litigation Pending Inter Partes Review of Patents-In-Suit by NetApp, Inc., SolidFire, LLC. (Attachments: #1 Text of Proposed Order)(Mayer, Colette) |
| Filing 50 CORPORATE DISCLOSURE STATEMENT filed by Rackspace US, Inc. identifying Corporate Parent Rackspace Hosting, Inc., Other Affiliate Apollo Global Management, LLC for Rackspace US, Inc.. (Storm, Paul) |
| Filing 49 Sealed Document. Realtime Data LLC's Certificate of Interested Parties. (Henry, Claire) |
| Filing 48 Unopposed MOTION for Leave to File Certificate of Interested Parties under seal by Realtime Data LLC. (Attachments: #1 Text of Proposed Order)(Henry, Claire) |
| Filing 47 NOTICE by SolidFire, LLC Certification of Interested Parties (Mayer, Colette) |
| Filing 46 NOTICE by NetApp, Inc. Certification of Interested Parties (Mayer, Colette) |
| Filing 45 NOTICE by Fujitsu America, Inc. Certificate of Interested Parties (Hubin, Daniel) |
| Filing 44 NOTICE by Quantum Corporation CERTIFICATION OF INTERESTED PARTIES (Craft, Roger) |
| Filing 43 NOTICE of Attorney Appearance by Sarah Marie Paxson on behalf of Rackspace US, Inc. (Paxson, Sarah) |
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Filing 42
ORDER granting #41 Motion for Extension of Time to Complete Discovery. Signed by Magistrate Judge John D. Love on 11/07/16. (mll, )
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| Filing 41 Unopposed MOTION for Extension of Time to Complete Discovery by Realtime Data LLC. (Attachments: #1 Text of Proposed Order)(Henry, Claire) |
| Filing 40 NetApp, Inc.'s and SolidFire, LLC's ANSWER to #33 Amended Complaint, by NetApp, Inc., SolidFire, LLC.(Mayer, Colette) |
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Filing 39
ORDER denying as moot #26 Motion to Dismiss. Signed by Magistrate Judge John D. Love on 10/26/16. (mll, )
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| Filing 38 ANSWER to #33 Amended Complaint, by Rackspace US, Inc..(Storm, Paul) |
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Filing 37
ORDER setting Scheduling Conference for 11/16/2016 03:00 PM before Magistrate Judge John D. Love. Signed by Magistrate Judge John D. Love on 10/24/16. (mll, )
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| Filing 36 NOTICE of Attorney Appearance by Daniel Clayton Hubin on behalf of Fujitsu America, Inc. (Hubin, Daniel) |
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Filing 35
ORDER OF CONSOLIDATION. The above-styled cases shall be consolidated for pretrial issues only, with the exception of venue. The earliest filed civil action 6:16cv961 shall serve as the Lead Case for consolidated issues. The individual cases will remain active for trial. All motions shall be filed in the consolidated case. All pending motions, with the exception of venue, are DENIED as moot, and shall be refiled in the lead case. The Clerk of the Court shall add all consolidated defendants to the lead case, as well as each defendants Lead and Local Counsel only. Should additional attorneys wish to appear in the consolidated case, they should file a Notice of Appearance in the lead case. Signed by Magistrate Judge John D. Love on 10/19/16. (mll, )
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| Consolidated Defendants added: Fujitsu America Inc, Quantum Corporation (6:16cv1035); Vembu Technologies Inc (6:16cv1037). (mll, ) |
| Filing 34 NOTICE of Attorney Appearance by Colette Reiner Mayer on behalf of NetApp, Inc., SolidFire, LLC (Mayer, Colette) |
| Filing 33 AMENDED COMPLAINT against NetApp, Inc., Rackspace US, Inc., SolidFire, LLC, filed by Realtime Data LLC. (Attachments: #1 Exhibit A - '506 Patent, #2 Exhibit B - '728 Patent, #3 Exhibit C - '867 Patent, #4 Exhibit D - '992 Patent, #5 Exhibit E - '530 Patent, #6 Exhibit F - '513 Patent, #7 Exhibit G - '908 Patent)(Henry, Claire) |
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Filing 32
ORDER granting #31 Motion for Extension of Time to File Response/Reply re #26 First MOTION to Dismiss for Failure to State a Claim; Responses due by 10/11/2016. Signed by Magistrate Judge John D. Love on 09/20/16. (mll, )
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| Filing 31 Unopposed MOTION for Extension of Time to File Response/Reply as to #26 First MOTION to Dismiss for Failure to State a Claim by Realtime Data LLC. (Attachments: #1 Text of Proposed Order)(Henry, Claire) |
| Filing 30 CORPORATE DISCLOSURE STATEMENT filed by SolidFire, LLC (Jacobs, Michael) |
| Filing 29 CORPORATE DISCLOSURE STATEMENT filed by NetApp, Inc. (Jacobs, Michael) |
| Filing 28 ANSWER to #24 Amended Complaint, by NetApp, Inc., SolidFire, LLC.(Jacobs, Michael) |
| Filing 27 Additional Attachments to Main Document: #26 First MOTION to Dismiss for Failure to State a Claim.. (Storm, Paul) |
| Filing 26 First MOTION to Dismiss for Failure to State a Claim by Rackspace US, Inc.. (Storm, Paul) |
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Filing 25
ORDER granting #23 Motion to Substitute Party. SolidFire, LLC is substituted for SolidFire, Inc. as a defendant in this case. SolidFire, Inc. is dismissed without prejudice. Signed by Magistrate Judge John D. Love on 9/1/16. (mjc, )
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| Filing 24 AMENDED COMPLAINT against NetApp, Inc., Rackspace US, Inc., SolidFire, LLC, filed by Realtime Data LLC. (Attachments: #1 Exhibit A - '506 patent, #2 Exhibit B - '728 patent, #3 Exhibit C - '867 patent, #4 Exhibit D - '992 patent, #5 Exhibit E - '530 patent, #6 Exhibit F - '513 patent, #7 Exhibit G - '908 patent)(Henry, Claire) |
| Filing 23 Unopposed MOTION to Substitute Party by Realtime Data LLC. (Attachments: #1 Text of Proposed Order)(Henry, Claire) |
| Filing 22 NOTICE of Attorney Appearance by Paul Anthony Kroeger on behalf of Realtime Data LLC (Kroeger, Paul) |
| Defendant's Unopposed Second Application for Extension of Time to Answer Complaint #21 is granted pursuant to Local Rule CV-12 for Rackspace US, Inc. to 9/6/2016. 15 Days Granted for Deadline Extension.( mll, ) |
| Filing 21 Defendant's Unopposed Second Application for Extension of Time to Answer Complaint re Rackspace US, Inc..( Storm, Paul) |
| Defendant's Unopposed Second Application for Extension of Time to Answer Complaint is granted pursuant to Local Rule CV-12 for NetApp, Inc. to 9/6/2016. 15 Days Granted for Deadline Extension.( gsg ) |
| Filing 20 Defendant's Unopposed Second Application for Extension of Time to Answer Complaint re NetApp, Inc..( Smith, Melissa) |
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Filing 19
ORDER granting #18 Motion for Extension of Time. The deadline for Defendant NetApp, Inc. to answer or otherwise respond to the Complaint is 8-22-2016. Service of process for NetApp, Inc. has been waived. Signed by Magistrate Judge John D. Love on 08/01/16. (mll, )
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| Filing 18 Unopposed MOTION for Extension of Time to Move, Answer, or Otherwise Respond to Plaintiff's Complaint and Waiver of Service by NetApp, Inc.. (Attachments: #1 Text of Proposed Order)(Smith, Melissa) |
| Defendant's Unopposed First Application for Extension of Time to Answer Complaint #14 is granted pursuant to Local Rule CV-12 for Rackspace US, Inc. to 8/22/2016. 30 Days Granted for Deadline Extension.( mll, ) |
| Filing 17 Return of Service Executed as to Rackspace US, Inc. on 7/1/2016, by personal service; answer due: 7/22/2016. (mll, ) |
| Filing 16 Return of Service Executed as to NetApp, Inc. on 7/1/2016, by personal service; answer due: 7/22/2016. (mll, ) |
| Filing 15 Return of Service Executed as to SolidFire, Inc. on 7/1/2016, by personal service; answer due: 7/22/2016. (mll, ) |
| Filing 14 Defendant's Unopposed First Application for Extension of Time to Answer Complaint re Rackspace US, Inc..( Storm, Paul) |
| Filing 13 NOTICE of Change of Address by Claire Abernathy Henry (Henry, Claire) |
| Filing 12 SUMMONS Issued as to NetApp, Inc., Rackspace US, Inc., SolidFire, Inc., and emailed to pltf for service. (Attachments: #1 Summons(es), #2 Summons(es))(mll, ) |
| Filing 11 NOTICE of Attorney Appearance by C. Jay Chung on behalf of Realtime Data LLC (Chung, C.) |
| Filing 10 NOTICE of Attorney Appearance by Jeffrey Zhi Yang Liao on behalf of Realtime Data LLC (Liao, Jeffrey) |
| Filing 9 NOTICE of Attorney Appearance by Brian D Ledahl on behalf of Realtime Data LLC (Ledahl, Brian) |
| Filing 8 NOTICE of Attorney Appearance by Reza Mirzaie on behalf of Realtime Data LLC (Mirzaie, Reza) |
| Filing 7 NOTICE of Attorney Appearance by Marc A Fenster on behalf of Realtime Data LLC (Fenster, Marc) |
| Filing 6 NOTICE of Attorney Appearance by Claire Abernathy Henry on behalf of Realtime Data LLC (Henry, Claire) |
| Filing 5 NOTICE of Attorney Appearance by Thomas John Ward, Jr on behalf of Realtime Data LLC (Ward, Thomas) |
| Filing 4 CORPORATE DISCLOSURE STATEMENT filed by Realtime Data LLC (Fair, Andrea) |
| Filing 3 DEMAND for Trial by Jury by Realtime Data LLC. (Fair, Andrea) |
| 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. (Fair, Andrea) |
| Filing 1 COMPLAINT against NetApp, Inc., Rackspace US, Inc., SolidFire, Inc. ( Filing fee $ 400 receipt number 0540-5813904.), filed by Realtime Data LLC. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A - United States Patent No. 7,161,506, #3 Exhibit B - United States Patent No. 9,054,728, #4 Exhibit C - United States Patent No. 7,358,867, #5 Exhibit D - United States Patent No. 7,378,992, #6 Exhibit E - United States Patent No. 7,415,530, #7 Exhibit F - United States Patent No. 8,643,513, #8 Exhibit G - United States Patent No. 9,116,908)(Fair, Andrea) |
| Judge Robert W. Schroeder, III and Magistrate Judge John D. Love added. (mll, ) |
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