Realtime Data LLC v. CommVault Systems Inc. et al
| Realtime Data LLC |
| CommVault Systems Inc, Spectra Logic Corporation and CommVault Systems Inc. |
| 6:2017cv00123 |
| February 27, 2017 |
| U.S. District Court for the Eastern District of Texas |
| Tyler Office |
| Anderson |
| John D Love |
| Robert W Schroeder |
| Patent |
| 35 U.S.C. § 271 |
| Plaintiff |
Docket Report
This docket was last retrieved on July 13, 2017. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 58 Notice of Filing of Patent/Trademark Form (AO 120) AFTER DISPOSITION. AO 120 mailed to the Director of the U.S. Patent and Trademark Office. (rlf) |
Filing 57
FINAL JUDGMENT. It is therefore ORDERED, ADJUDGED and DECREED that Plaintiff take nothing and that all pending motions are DENIED AS MOOT. It is further ORDERED, ADJUDGED and DECREED that all claims, counterclaims, and third-party claims in the instant suit be DISMISSED in their entirety WITHOUT PREJUDICE. Signed by Judge Robert W. Schroeder, III on 7/13/2017. (rlf)
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| Filing 56 NOTICE of Voluntary Dismissal by Realtime Data LLC (Chung, C.) |
Filing 55
ORDER granting #54 Motion to Withdraw #39 MOTION to Dismiss the Amended Complaint for Failure to State a Claim Upon Which Relief can be Granted. Signed by Magistrate Judge John D. Love on 7/7/2017. (rlf)
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| Filing 54 Unopposed MOTION to Withdraw #39 MOTION to Dismiss the Amended Complaint for Failure to State a Claim Upon Which Relief can be Granted by Spectra Logic Corporation. (Attachments: #1 Text of Proposed Order)(Yarbrough, Herbert) |
| Filing 53 SUR-REPLY to Reply to Response to Motion re #40 MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6) for Lack of Patentable Subject Matter Under 35 U.S.C. 101 filed by Realtime Data LLC. (Mirzaie, Reza) |
| Filing 52 MOTION to Change Venue Pursuant to 1404 by CommVault Systems Inc.. (Attachments: #1 Declaration of Lisa McGahran, #2 Declaration of Richard Bedford, #3 Declaration of Manoj Vijayan, #4 Declaration of Stevan Stark, #5 Exhibit 1, #6 Exhibit 2, #7 Exhibit 3, #8 Exhibit 4, #9 Exhibit 5, #10 Exhibit 6, #11 Exhibit 7, #12 Exhibit 8, #13 Exhibit 9, #14 Exhibit 10, #15 Exhibit 11, #16 Text of Proposed Order)(Smith, Melissa) |
| Filing 51 REPLY to Response to Motion re #40 MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6) for Lack of Patentable Subject Matter Under 35 U.S.C. 101 filed by CommVault Systems Inc.. (Smith, Melissa) |
Filing 50
ORDER granting #48 Motion for Extension of Time to File Reply in Support of its Motion to Dismiss. IT IS ORDERED that Spectra Logics deadline to file a reply is hereby extended up to and including July 6, 2017. Signed by Magistrate Judge John D. Love on 6/26/2017. (rlf)
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Filing 49
ORDER granting #47 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 48 Unopposed MOTION for Extension of Time to File Response/Reply as to #39 MOTION to Dismiss the Amended Complaint for Failure to State a Claim Upon Which Relief can be Granted by Spectra Logic Corporation. (Attachments: #1 Text of Proposed Order)(Yarbrough, Herbert) |
| Filing 47 MOTION to Withdraw as Attorney by Realtime Data LLC. (Attachments: #1 Text of Proposed Order)(Liao, Jeffrey) |
| Filing 46 RESPONSE in Opposition re #40 MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6) for Lack of Patentable Subject Matter Under 35 U.S.C. 101 filed by Realtime Data LLC. (Attachments: #1 Text of Proposed Order)(Mirzaie, Reza) |
Filing 45
ORDER denying as moot #25 Spectra Logic Corporation's Motion to Dismiss. Signed by Magistrate Judge John D. Love on 6/19/2017. (rlf)
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Filing 44
ORDER denying as moot #22 CommVault's Motion to Dismiss. Signed by Magistrate Judge John D. Love on 6/19/2017. (rlf)
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| Filing 43 RESPONSE in Opposition re #39 MOTION to Dismiss the Amended Complaint for Failure to State a Claim Upon Which Relief can be Granted filed by Realtime Data LLC. (Chung, C.) (Additional attachment(s) added on 6/21/2017: #1 Text of Proposed Order) (rlf, ). |
| Filing 42 SUR-REPLY to Reply to Response to Motion re #24 Opposed MOTION to Dismiss for Improper Venue filed by Realtime Data LLC. (Chung, C.) |
| Filing 41 REPLY to Response to Motion re #24 Opposed MOTION to Dismiss for Improper Venue filed by Spectra Logic Corporation. (Yarbrough, Herbert) |
| Filing 40 MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6) for Lack of Patentable Subject Matter Under 35 U.S.C. 101 by CommVault Systems Inc.. (Attachments: #1 Text of Proposed Order)(Smith, Melissa) |
| Filing 39 ***WITHDRAWN PER ORDER #55 .*** MOTION to Dismiss the Amended Complaint for Failure to State a Claim Upon Which Relief can be Granted by Spectra Logic Corporation. (Attachments: #1 Text of Proposed Order)(Yarbrough, Herbert) Modified on 7/7/2017 (rlf). |
| Filing 38 RESPONSE in Opposition re #24 Opposed MOTION to Dismiss for Improper Venue or, in the Alternative, to Transfer filed by Realtime Data LLC. (Attachments: #1 Declaration of C. Jay Chung, #2 Exhibit 1, #3 Exhibit 2, #4 Text of Proposed Order)(Chung, C.) |
| Filing 37 RESPONSE to Motion re #25 Opposed MOTION to Dismiss for Failure to State a Claim filed by Realtime Data LLC. (Attachments: #1 Proposed Order)(Chung, C.) |
| Filing 36 RESPONSE to Motion re #22 MOTION to Dismiss filed by Realtime Data LLC. (Attachments: #1 Exhibit A)(Chung, C.) (Additional attachment(s) added on 6/1/2017: #2 Text of Proposed Order) (rlf, ). |
| Filing 35 NOTICE by Spectra Logic Corporation re #24 Opposed MOTION to Dismiss for Improper Venue (Notice of Supplemental Authority) (Attachments: #1 Exhibit A - TC Heartland Decision)(Yarbrough, Herbert) |
| Filing 34 AMENDED COMPLAINT against CommVault Systems Inc., Spectra Logic Corporation, filed by Realtime Data LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Mirzaie, Reza) |
| Filing 33 NOTICE of Attorney Appearance by Christina Jordan McCullough on behalf of CommVault Systems Inc. (McCullough, Christina) |
| Filing 32 NOTICE of Attorney Appearance by Stevan R Stark on behalf of CommVault Systems Inc. (Stark, Stevan) |
Filing 31
ORDER granting #28 Motion for Extension of Time to File Response to #25 Motion to Dismiss for Failure to State a Claim. Plaintiff's response to the Motion is due on June 2, 2017. No further extensions will be granted. Signed by Magistrate Judge John D. Love on 5/4/2017. (rlf)
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Filing 30
ORDER granting #27 Motion for Extension of Time to File Response to #24 Motion to Dismiss for Improper Venue. Plaintiff's response to the Motion is due on June 1, 2017. No further extensions will be granted.Signed by Magistrate Judge John D. Love on 5/4/2017. (rlf) Modified on 5/4/2017 (rlf).
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Filing 29
ORDER granting #26 Motion for Extension of Time to File Response #22 Motion to Dismiss. Plaintiffs' response to the Motion is due on June 1, 2017. No further extensions will be granted. Signed by Magistrate Judge John D. Love on 5/4/2017. (rlf)
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| Filing 28 Unopposed MOTION for Extension of Time to File Response/Reply as to #25 Opposed MOTION to Dismiss for Failure to State a Claim by Realtime Data LLC. (Attachments: #1 Text of Proposed Order)(Henry, Claire) |
| Filing 27 Unopposed MOTION for Extension of Time to File Response/Reply as to #24 Opposed MOTION to Dismiss for Improper Venue by Realtime Data LLC. (Attachments: #1 Text of Proposed Order)(Henry, Claire) |
| Filing 26 Unopposed MOTION for Extension of Time to File Response/Reply as to #22 MOTION to Dismiss by Realtime Data LLC. (Attachments: #1 Text of Proposed Order)(Henry, Claire) |
| Filing 25 Opposed MOTION to Dismiss for Failure to State a Claim by Spectra Logic Corporation. (Attachments: #1 Text of Proposed Order)(Yarbrough, Herbert) |
| Filing 24 Opposed MOTION to Dismiss for Improper Venue by Spectra Logic Corporation. (Attachments: #1 Exhibit Becker Declaration, #2 Text of Proposed Order)(Yarbrough, Herbert) |
| Filing 23 CORPORATE DISCLOSURE STATEMENT filed by CommVault Systems Inc. (Smith, Melissa) |
| Filing 22 MOTION to Dismiss by CommVault Systems Inc.. (Attachments: #1 Text of Proposed Order)(Smith, Melissa) |
| Defendant's Unopposed Second Application for Extension of Time to Answer Complaint is granted pursuant to Local Rule CV-12 for Spectra Logic Corporation to 4/27/2017. 15 Days Granted for Deadline Extension.(rlf) |
| Filing 21 Defendant's Unopposed Second Application for Extension of Time to Answer Complaint re Spectra Logic Corporation. (Yarbrough, Herbert) |
| Filing 20 SUMMONS Returned Executed by Realtime Data LLC. Spectra Logic Corporation served on 3/2/2017, answer due 3/23/2017. (gsg) |
| Filing 19 AFFIDAVIT of Service for Summons and Complaint served on Commvault Systems, Inc on 3/2/2017, filed by Realtime Data LLC. (gsg) |
| Filing 18 Defendant's Unopposed First Application for Extension of Time to Answer Complaint re Spectra Logic Corporation. (Yarbrough, Herbert) |
| Defendant's Unopposed First Application for Extension of Time to Answer Complaint is granted pursuant to Local Rule CV-12 for Spectra Logic Corporation to 4/12/2017. 20 Days Granted for Deadline Extension.(rlf) |
| Defendant's Unopposed First Application for Extension of Time to Answer Complaint is granted pursuant to Local Rule CV-12 for CommVault Systems Inc. to 4/27/2017. 30 Days Granted for Deadline Extension.(rlf) |
| Filing 17 Defendant's Unopposed First Application for Extension of Time to Answer Complaint re CommVault Systems Inc..( Smith, Melissa) |
| Filing 16 NOTICE of Attorney Appearance by C. Jay Chung on behalf of Realtime Data LLC (Chung, C.) |
| Filing 15 NOTICE of Attorney Appearance by Philip X Wang on behalf of Realtime Data LLC (Wang, Philip) |
| Filing 14 NOTICE of Attorney Appearance by Marc A Fenster on behalf of Realtime Data LLC (Fenster, Marc) |
| Filing 13 NOTICE of Attorney Appearance by Thomas John Ward, Jr on behalf of Realtime Data LLC (Ward, Thomas) |
| Filing 12 NOTICE of Attorney Appearance by Claire Abernathy Henry on behalf of Realtime Data LLC (Henry, Claire) |
| Filing 11 NOTICE of Attorney Appearance by Paul Anthony Kroeger on behalf of Realtime Data LLC (Kroeger, Paul) |
| Filing 10 NOTICE of Attorney Appearance by James N Pickens on behalf of Realtime Data LLC (Pickens, James) |
| Filing 9 NOTICE of Attorney Appearance by Jeffrey Zhi Yang Liao on behalf of Realtime Data LLC (Liao, Jeffrey) |
| Filing 8 NOTICE of Attorney Appearance by Adam S Hoffman on behalf of Realtime Data LLC (Hoffman, Adam) |
| Filing 7 NOTICE of Attorney Appearance by Reza Mirzaie on behalf of Realtime Data LLC (Mirzaie, Reza) |
| Filing 6 SUMMONS Issued as to CommVault Systems Inc., Spectra Logic Corporation, and emailed to pltf for service. (Attachments: #1 Summons(es))(mll, ) |
| Filing 5 CASE REFERRED to Magistrate Judge John D Love. (mll, ) |
| 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. (mll, ) |
| Judge Robert W. Schroeder, III and Magistrate Judge John D. Love added. (mll, ) |
| Filing 4 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 3 CORPORATE DISCLOSURE STATEMENT filed by Realtime Data LLC (Fair, Andrea) |
| Filing 2 DEMAND for Trial by Jury by Realtime Data LLC. (Fair, Andrea) |
| Filing 1 COMPLAINT against CommVault Systems Inc., Spectra Logic Corporation ( Filing fee $ 400 receipt number 0540-6175619.), filed by Realtime Data LLC. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A - '728 Patent, #3 Exhibit B - '530 Patent, #4 Exhibit C - '908 Patent, #5 Exhibit D - '204 Patent)(Fair, Andrea) |
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