Lemko Corporation v Microsoft Corporation et al
| Lemko Corporation |
| Microsoft Corporation and Affirmed Networks Inc |
| 3:2022cv00363 |
| February 14, 2022 |
| US District Court for the Northern District of Texas |
| Sam A Lindsay |
| Rebecca Rutherford |
| Property Rights: Patent |
| 35 U.S.C. § 271 Patent Infringement |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 20, 2023. A more recent docket listing may be available from PACER.
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Filing 65
ORDER: The Court directs the parties to meet and conferand submit a joint report addressing each of the items listed in the order no later than December 15, 2023. (Ordered by Magistrate Judge Rebecca Rutherford on 11/20/2023) (cea)
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Filing 64
ELECTRONIC ORDER: Defendants have filed a #63 Motion to Dismiss Plaintiff's Amended Complaint under Federal Rule of Civil Procedure 12(b)(6). Under the Local Rules, Plaintiff's written response to Defendants' motion is due by December 7, 2023; Defendants may file a reply 14 days after Plaintiff files a response. N.D. Tex. Civ. R. 7.1(e), (f). If any of the parties require an extended deadline, the Court ORDERS the parties to meet and confer and then advise the Court of any agreed-upon extension. (Ordered by Magistrate Judge Rebecca Rutherford on 11/20/2023) (chmb)
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| Filing 63 MOTION to Dismiss Plaintiff's Amended Complaint for Patent Infringement Under Fed. R. Civ. P. 12(B)(6) filed by Affirmed Networks Inc, Microsoft Corporation with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Hunsaker, Kelly) |
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Filing 62
ORDER granting #61 Motion for Extension of Time to File Answer re #59 Amended Complaint. Affirmed Networks Inc answer due 11/16/2023. (Ordered by Magistrate Judge Rebecca Rutherford on 10/25/2023) (axm)
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| Filing 61 Unopposed Motion for Extension of Time to File Answer or Otherwise Respond to Plaintiff's Amended Complaint filed by Affirmed Networks Inc, Microsoft Corporation (Attachments: #1 Proposed Order) (Hunsaker, Kelly) |
| Filing 60 Report to Patent/Trademark Office of Answer or Amended Pleading. Form AO 120 e-mailed to notice_of_suit@uspto.gov. (oyh) |
| Filing 59 AMENDED COMPLAINT WITH JURY DEMAND for Patent Infringement against All Defendants filed by Lemko Corporation. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: #1 Exhibit(s) 1, #2 Exhibit(s) 2, #3 Exhibit(s) 3, #4 Exhibit(s) 4, #5 Exhibit(s) 5, #6 Exhibit(s) 6, #7 Exhibit(s) 7, #8 Exhibit(s) 8, #9 Exhibit(s) 9, #10 Exhibit(s) 10, #11 Exhibit(s) 11, #12 Exhibit(s) 12, #13 Exhibit(s) 13, #14 Exhibit(s) 14, #15 Exhibit(s) 15, #16 Exhibit(s) 16, #17 Exhibit(s) 17, #18 Exhibit(s) 18, #19 Exhibit(s) 19, #20 Exhibit(s) 20, #21 Exhibit(s) 21, #22 Exhibit(s) 22, part 1, #23 Exhibit(s) 22, part 2, #24 Exhibit(s) 22, part 3, #25 Exhibit(s) 23, #26 Exhibit(s) 24, #27 Exhibit(s) 25, #28 Exhibit(s) 26, #29 Exhibit(s) 27, #30 Exhibit(s) 28, #31 Exhibit(s) 29, #32 Exhibit(s) 30, #33 Exhibit(s) 31, #34 Exhibit(s) 32, #35 Exhibit(s) 33, #36 Exhibit(s) 34, #37 Exhibit(s) 35, #38 Exhibit(s) 36, #39 Exhibit(s) 37) (Frankel, Aaron) |
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Filing 58
ORDER REFERRING CASE to Magistrate Judge Rebecca Rutherford. (Ordered by Judge Sam A. Lindsay on 10/6/2023) (axm)
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Filing 57
ORDER: Court Requirements for Filing Documents Under Seal. These requirements must be adhered to notwithstanding any agreement in the parties' Stipulated Protective Order regarding the filing of documents under seal in this case. (Ordered by Judge Sam A. Lindsay on 10/5/2023) (chmb)
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Filing 56
STIPULATED PROTECTIVE ORDER (Ordered by Judge Sam A. Lindsay on 10/5/2023) (chmb)
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Filing 55
ELECTRONIC ORDER granting #54 Motion for Protective Order (Ordered by Judge Sam A. Lindsay on 10/5/2023) (chmb)
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| Filing 54 Joint MOTION for Protective Order filed by Lemko Corporation (Attachments: #1 Proposed Order) (Hyland, Jon) |
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Filing 53
ORDER granting in part and denying in part #37 Joint Motion for Protective Order. By 10/5/23, the parties shall either: (1) revise their proposed Protective Order to make it consistent with the court's rulings and submit it for the court's signature, or (2) submit to the court's order box a Microsoft Word version of the [Proposed] Stipulated Protective Order that was attached to their Joint Motion as Exhibit A, and the court will revise it accordingly before entering it. (Ordered by Judge Sam A. Lindsay on 9/28/2023) (chmb)
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Filing 52
ORDER Focusing Patent Claims and Prior Art (Ordered by Judge Sam A. Lindsay on 9/28/2023) (chmb)
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Filing 51
ORDER granting in part and denying in part #35 Joint Motion for Focusing Patent Claims and Prior Art. An Order Focusing Patent Claims and Prior Art will be entered by separate document that is consistent with the court's rulings. (Ordered by Judge Sam A. Lindsay on 9/28/2023) (chmb)
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Filing 50
Memorandum Opinion and Order granting in part and denying in part #24 Defendants' Motion to Dismiss pursuant to Rule 12(b)(6). Defendants' Motion is granted with respect to Plaintiff's causes of action for direct and indirect infringement, which are dismissed without prejudice, and the Motion is denied as moot with respect to Defendants' willfulness argument and ground for dismissal. The deadline for Plaintiff to file an amended complaint that cures the deficiencies noted is 10/19/23. (Ordered by Judge Sam A. Lindsay on 9/28/2023) (chmb)
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| Filing 49 NOTICE of IPR Status filed by Lemko Corporation (Hyland, Jon) |
| Filing 48 REPLY filed by Lemko Corporation re: #46 MOTION for Status Conference (Hyland, Jon) |
| Filing 47 RESPONSE filed by Affirmed Networks Inc, Microsoft Corporation re: #46 MOTION for Status Conference (Attachments: #1 Proposed Order) (Hunsaker, Kelly) |
| Filing 46 MOTION for Status Conference filed by Lemko Corporation with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Hyland, Jon) |
| Filing 45 NOTICE of Attorney Appearance by Grant Kojis Schmidt on behalf of Lemko Corporation. (Filer confirms contact info in ECF is current.) (Schmidt, Grant) |
| Filing 44 NOTICE of Attorney Appearance by Ashley Jones Wright on behalf of Affirmed Networks Inc, Microsoft Corporation. (Filer confirms contact info in ECF is current.) (Wright, Ashley) |
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Filing 43
Order Referring #35 MOTION for Focusing Patent Claims and Prior Art to Magistrate Judge Rebecca Rutherford for hearing, if necessary, and determination. Reference includes all related procedural motions. (Ordered by Judge Sam A. Lindsay on 1/12/2023) (chmb)
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Filing 42
ORDER granting #34 Joint Motion Regarding E-Discovery (Ordered by Judge Sam A. Lindsay on 1/12/2023) (chmb)
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Filing 41
ORDER: staying discovery for a brief period until the court rules on Defendants' pending Motion to Dismiss; and denying as moot Defendants' request for a telephonic conference regarding this issue. If the Motion to Dismiss is denied or denied in part, the court will issue a scheduling order that governs the proceedings in this case, including discovery, after which the parties will be allowed to immediately commence discovery. (Ordered by Judge Sam A. Lindsay on 1/12/2023) (chmb)
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Filing 40
ELECTRONIC ORDER granting #39 Application for Admission Pro Hac Vice of Hannah Lee. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Sam A. Lindsay on 12/14/2022) (chmb)
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| Filing 39 Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Hannah Lee (Filing fee $100; Receipt number ATXNDC-13368365) filed by Lemko Corporation (Attachments: #1 Exhibit(s) Certificate of Good Standing) (Hyland, Jon) |
| Filing 38 Appendix in Support filed by Affirmed Networks Inc, Microsoft Corporation re #37 Joint MOTION for Protective Order (Hunsaker, Kelly) |
| Filing 37 Joint MOTION for Protective Order filed by Affirmed Networks Inc, Microsoft Corporation (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Exhibit(s) D, #5 Exhibit(s) E, #6 Exhibit(s) F, #7 Exhibit(s) G) (Hunsaker, Kelly) |
| Filing 36 Appendix in Support filed by Affirmed Networks Inc, Microsoft Corporation re #35 MOTION Joint Motion for Focusing Patent Claims and Prior Art (Hunsaker, Kelly) |
| Filing 35 Joint MOTION for Focusing Patent Claims and Prior Art filed by Affirmed Networks Inc, Microsoft Corporation (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Exhibit(s) D, #5 Exhibit(s) E) (Hunsaker, Kelly) |
| Filing 34 MOTION for Entry of E-discovery Order filed by Lemko Corporation (Attachments: #1 Proposed Order) (Hyland, Jon) |
| Filing 33 Initial Case Management Report filed by Lemko Corporation. (Attachments: #1 Exhibit(s) A) (Hyland, Jon) Modified title on 11/25/2022 (axm). |
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Filing 32
ORDER REQUIRING ATTORNEY CONFERENCE AND STATUS REPORT: This conference shall take place no later than 11/7/2022. Joint Status Report due by 11/22/2022. (Ordered by Judge Sam A. Lindsay on 10/21/2022) (ndt)
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| Filing 31 NOTICE of Readiness for Status Report Order filed by Lemko Corporation (Hyland, Jon) |
| Filing 30 NOTICE of Change of Address for Attorney James R Hannah on behalf of Lemko Corporation. (Filer confirms contact info in ECF is current.) (Hannah, James) |
| Filing 29 NOTICE of Change of Address for Attorney Lisa Kobialka on behalf of Lemko Corporation. (Filer confirms contact info in ECF is current.) (Kobialka, Lisa) |
| Filing 28 NOTICE of Change of Address for Attorney Paul Joseph Andre on behalf of Lemko Corporation. (Filer confirms contact info in ECF is current.) (Andre, Paul) |
| Filing 27 REPLY filed by Affirmed Networks Inc, Microsoft Corporation re: #24 MOTION to Dismiss Plaintiff Lemko's Complaint Pursuant to Rule 12(b)(6) (Attachments: #1 Additional Page(s) Attachment A) (Hunsaker, Kelly) |
| Filing 26 RESPONSE filed by Lemko Corporation re: #24 MOTION to Dismiss Plaintiff Lemko's Complaint Pursuant to Rule 12(b)(6) (Frankel, Aaron) |
| Filing 25 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Affirmed Networks Inc, Microsoft Corporation. (Clerk QC note: No affiliate entered in ECF). (Hunsaker, Kelly) |
| Filing 24 MOTION to Dismiss Plaintiff Lemko's Complaint Pursuant to Rule 12(b)(6) filed by Affirmed Networks Inc, Microsoft Corporation with Brief/Memorandum in Support. (Attachments: #1 Additional Page(s) Attachment 1, #2 Exhibit(s) A, #3 Exhibit(s) B, #4 Proposed Order) (Hunsaker, Kelly) |
| Filing 23 NOTICE of Attorney Appearance by Barry Kenneth Shelton on behalf of Affirmed Networks Inc, Microsoft Corporation. (Filer confirms contact info in ECF is current.) (Shelton, Barry) |
| Filing 22 NOTICE of Attorney Appearance by Michael Rueckheim on behalf of Affirmed Networks Inc, Microsoft Corporation. (Filer confirms contact info in ECF is current.) (Rueckheim, Michael) |
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Filing 21
ELECTRONIC ORDER granting #16 Application for Admission Pro Hac Vice of Kelly C. Hunsaker. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Sam A. Lindsay on 3/17/2022) (chmb)
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Filing 20
ELECTRONIC ORDER granting #15 Defendants' Unopposed Motion to Extend Time to Answer or Otherwise Respond to Plaintiff's Complaint. Accordingly, the deadline for Defendants to Answer or otherwise respond is 5/9/2022. No further extension will be allowed. (Ordered by Judge Sam A. Lindsay on 3/17/2022) (chmb)
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Filing 19
ELECTRONIC ORDER granting #14 Application for Admission Pro Hac Vice of Paul J. Andre. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Sam A. Lindsay on 3/17/2022) (chmb)
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Filing 18
ELECTRONIC ORDER granting #13 Application for Admission Pro Hac Vice of Lisa Kobialka. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Sam A. Lindsay on 3/17/2022) (chmb)
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Filing 17
ELECTRONIC ORDER granting #12 Application for Admission Pro Hac Vice of James Hannah. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Sam A. Lindsay on 3/17/2022) (chmb)
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| Filing 16 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-12665625) filed by Affirmed Networks Inc, Microsoft Corporation (Attachments: #1 Proposed Order)Attorney Kelly C Hunsaker added to party Affirmed Networks Inc(pty:dft), Attorney Kelly C Hunsaker added to party Microsoft Corporation(pty:dft) (Hunsaker, Kelly) |
| Filing 15 Unopposed Motion for Extension of Time to File Answer or Otherwise Respond to Plaintiff's Complaint filed by Affirmed Networks Inc, Microsoft Corporation (Attachments: #1 Proposed Order)Attorney M Brett Johnson added to party Affirmed Networks Inc(pty:dft), Attorney M Brett Johnson added to party Microsoft Corporation(pty:dft) (Johnson, M) |
| Filing 14 Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Paul J. Andre (Filing fee $100; Receipt number 0539-12651012) filed by Lemko Corporation (Hyland, Jon) |
| Filing 13 Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Lisa Kobialka (Filing fee $100; Receipt number 0539-12650988) filed by Lemko Corporation (Hyland, Jon) |
| Filing 12 Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney James Hannah (Filing fee $100; Receipt number 0539-12650960) filed by Lemko Corporation (Hyland, Jon) |
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Filing 11
ELECTRONIC ORDER granting #8 Application for Admission Pro Hac Vice of Aaron M. Frankel. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Sam A. Lindsay on 3/4/2022) (chmb)
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| Filing 10 SUMMONS Returned Executed as to Affirmed Networks Inc; served on 2/16/2022. (Hyland, Jon) |
| Filing 9 SUMMONS Returned Executed as to Microsoft Corporation; served on 2/16/2022. (Hyland, Jon) |
| Filing 8 Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Aaron M. Frankel (Filing fee $100; Receipt number 0539-12601314) filed by Lemko Corporation (Hyland, Jon) |
| Filing 7 Summons Issued as to Affirmed Networks Inc, Microsoft Corporation. (ykp) |
| Filing 6 Report to Patent/Trademark Office of Initiating Document. Form AO 120 e-mailed to notice_of_suit@uspto.gov. (ykp) |
| Filing 5 New Case Notes: A filing fee has been paid. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Rutherford). Clerk to provide copy to plaintiff if not received electronically. (ykp) |
| Filing 4 Request for Clerk to issue Summons in a Civil Action filed by Lemko Corporation. (Hyland, Jon) |
| Filing 3 Request for Clerk to issue Summons in a Civil Action filed by Lemko Corporation. (Hyland, Jon) |
| Filing 2 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Lemko Corporation. (Hyland, Jon) |
| Filing 1 COMPLAINT WITH JURY DEMAND against All Defendants filed by Lemko Corporation. (Filing fee $402; Receipt number 0539-12598946) Plaintiff will submit summons(es) for issuance. In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the # Judges Copy Requirements and # Judge Specific Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: #1 Exhibit(s) 1, #2 Exhibit(s) 2, #3 Exhibit(s) 3, #4 Exhibit(s) 4, #5 Exhibit(s) 5, #6 Exhibit(s) 6, #7 Exhibit(s) 7, #8 Exhibit(s) 8, #9 Exhibit(s) 9, #10 Exhibit(s) 10, #11 Exhibit(s) 11, #12 Exhibit(s) 12, #13 Exhibit(s) 13, #14 Exhibit(s) 14, #15 Exhibit(s) 15, #16 Exhibit(s) 16, #17 Exhibit(s) 17, #18 Exhibit(s) 18, #19 Exhibit(s) 19, #20 Exhibit(s) 20, #21 Exhibit(s) 21, #22 Exhibit(s) 22, #23 Exhibit(s) 23, #24 Exhibit(s) 24, #25 Exhibit(s) 25, #26 Exhibit(s) 26, #27 Exhibit(s) 27, #28 Exhibit(s) 28, #29 Exhibit(s) 29, #30 Exhibit(s) 30, #31 Exhibit(s) 31, #32 Exhibit(s) 32, #33 Exhibit(s) 33, #34 Exhibit(s) 34, #35 Exhibit(s) 35, #36 Exhibit(s) 36, #37 Exhibit(s) 37, #38 Exhibit(s) 38, #39 Exhibit(s) 39, #40 Exhibit(s) 40, #41 Exhibit(s) 41, #42 Exhibit(s) 42, #43 Exhibit(s) 43, #44 Exhibit(s) 44, #45 Exhibit(s) 45, #46 Exhibit(s) 46, #47 Exhibit(s) 47, #48 Exhibit(s) 48, #49 Exhibit(s) 49, #50 Exhibit(s) 50, #51 Exhibit(s) 51, #52 Exhibit(s) 52, #53 Exhibit(s) 53, #54 Exhibit(s) 54, #55 Exhibit(s) 55, #56 Exhibit(s) 56) (Hyland, Jon) |
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