AudioEye, Inc. v. accessiBe Ltd.
Plaintiff: AudioEye, Inc.
Defendant: accessiBe Ltd.
Case Number: 6:2020cv00997
Filed: October 26, 2020
Court: US District Court for the Western District of Texas
Presiding Judge: Alan D Albright
Nature of Suit: Patent
Cause of Action: 35 U.S.C. § 271
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on March 18, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 3, 2021 Filing 37 Sealed Document: Reply Brief in support of Motion to Transfer Venue or Dismiss for Lack of Personal Jurisdiction further supportive of #21 Opposed MOTION to Transfer Case or Dismiss Non-Patent Claims for Lack of Personal Jurisdiction by accessiBe Ltd., Sealed Motion Reply Brief in support of Motion to Transfer Venue or Dismiss for Lack of Personal Jurisdiction by accessiBe Ltd. (Attachments: #1 Affidavit - Supplemental Declaration of Dekel Skoop in Support of Motion to Transfer or Dismiss (Confidential), #2 Affidavit - Supplemental Declaration of Samual Sherry in Support of Motion to Transfer or Dismiss, #3 Exhibit 7 - AudioEye's Responses to Venue Interrogatories (Confidential), #4 Exhibit 8 - ADYE0008665 (Confidential), #5 Exhibit 9 - Partner Program - Web Accessibility For Agencies - accessiBe, #6 Exhibit 10 - Large-Scale Strategic Partner Program - accessiBe, #7 Exhibit 11 - YouShallThrive - Crunchbase Company Profile & Funding, #8 Exhibit 12 - Retail POS System - Point of Sale Software Solutions, #9 Exhibit 13 - SmartSites is an Award Winning Web Design & Digital Marketing Agency, #10 Exhibit 14 - We Analyzed 10,000,000 Webpages For ADA & WCAG Compliance - accessiBe) (Connor, Cabrach)
September 3, 2021 Filing 36 Reply Claim Construction Brief regarding #33 Claim Construction Brief,, by AudioEye, Inc. . (Attachments: #1 Affidavit Declaration of Jared Bunker ISO AudioEye's Responsive Claim Construction Brief, #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 Exhibit 15, #17 Exhibit 16, #18 Exhibit 17, #19 Exhibit 18)(Nash, Brian)
August 27, 2021 Filing 35 ATTACHMENT Exhibit A - Declaration of Jared Bunker to #34 Sealed Motion AudioEye's Opposition to accessiBe's Motion to Transfer Venue to the Western District of New York or Dismiss for Lack of Personal Jurisdiction by AudioEye, Inc. by AudioEye, Inc.. (Nash, Brian)
August 27, 2021 Filing 34 Sealed Motion AudioEye's Opposition to accessiBe's Motion to Transfer Venue to the Western District of New York or Dismiss for Lack of Personal Jurisdiction by AudioEye, Inc. (Attachments: #1 Exhibit Sealed Exhibits to the Declaration of J. Bunker) (Nash, Brian)
August 13, 2021 Filing 33 Opening Claim Construction Brief by accessiBe Ltd.. (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, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Affidavit of Lucas Dahlin)(Connor, Cabrach)
July 27, 2021 Opinion or Order Text Order GRANTING #30 Motion to Appear Pro Hac Vice for Attorney Jesse Cheng for accessiBe Ltd. Before the Court is the Motion for Admission Pro Hac Vice. The Court, having reviewed the Motion, finds it should be GRANTED and therefore orders as follows: IT IS ORDERED the Motion for Admission Pro Hac Vice is GRANTED. IT IS FURTHER ORDERED that Applicant, if he/she has not already done so, shall immediately tender the amount of $100.00, made payable to: Clerk, U.S. District Court, in compliance with Local Rule AT-I (f)(2). Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order entered by Judge Alan D Albright. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jc5)
July 15, 2021 Filing 32 Transcript filed of Proceedings held on 7-12-21, Proceedings Transcribed: Discovery Hearing (Zoom). Court Reporter/Transcriber: Kristie Davis, Telephone number: 254-340-6114. Parties are notified of their duty to review the transcript to ensure compliance with the FRCP 5.2(a)/FRCrP 49.1(a). A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a Notice of Redaction Request must be filed within 21 days. If no such Notice is filed, the transcript will be made available via PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed Redaction Request due 8/5/2021, Redacted Transcript Deadline set for 8/16/2021, Release of Transcript Restriction set for 10/13/2021, (kd)
July 12, 2021 Opinion or Order Filing 31 SCHEDULING ORDER: Markman Hearing set for 10/20/2021 09:30 AM before Judge Alan D Albright, Joinder of Parties due by 12/1/2021, Amended Pleadings due by 2/9/2022, Dispositive/Daubert Motions due by 6/29/2022, Final Pretrial Conference TBD, Jury Selection set for 9/19/2022 before Judge Jeffrey C. Manske, Jury Trial set for 9/19/2022 before Judge Alan D Albright. Signed by Judge Alan D Albright. (lad)
July 12, 2021 Filing 30 MOTION to Appear Pro Hac Vice by Cabrach J. Connor for Jesse Cheng ( Filing fee $ 100 receipt number 0542-15002214) by on behalf of accessiBe Ltd.. (Attachments: #1 Proposed Order)(Connor, Cabrach)
July 12, 2021 Filing 29 Minute Entry for proceedings held before Judge Alan D Albright: Discovery Hearing held on 7/12/2021. The Court made a ruling and an Order will be issued. (Minute entry documents are not available electronically.). (Court Reporter Kristie Davis.)(ab4)
July 9, 2021 Filing 28 NOTICE of Petition for Inter Parties Review by AudioEye, Inc. (Schnell, Austin)
July 9, 2021 Opinion or Order Filing 27 ORDER Setting Zoom Discovery for 7/12/2021 09:00 AM before Judge Alan D Albright. Signed by Judge Alan D Albright. (bot1)
June 16, 2021 Opinion or Order Filing 26 Standing Order regarding Scheduling Order. Signed by Judge Alan D Albright.
May 21, 2021 Filing 25 Proposed Scheduling Order by AudioEye, Inc.. (Schnell, Austin)
April 26, 2021 Opinion or Order Text Order GRANTING #24 Motion to Appear Pro Hac Vice for Attorney Stephen C. Jensen for AudioEye, Inc. Before the Court is the Motion for Admission Pro Hac Vice. The Court, having reviewed the Motion, finds it should be GRANTED and therefore orders as follows: IT IS ORDERED the Motion for Admission Pro Hac Vice is GRANTED. IT IS FURTHER ORDERED that Applicant, if he/she has not already done so, shall immediately tender the amount of $100.00, made payable to: Clerk, U.S. District Court, in compliance with Local Rule AT-I (f)(2). Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order entered by Judge Alan D Albright. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mm6)
April 14, 2021 Filing 24 MOTION to Appear Pro Hac Vice by Brian Christopher Nash on behalf of Stephen C. Jensen ( Filing fee $ 100 receipt number 0542-14697124) by on behalf of AudioEye, Inc.. (Attachments: #1 Proposed Order)(Nash, Brian)
March 17, 2021 Filing 23 STATUS REPORT Joint Case Readiness Status Report by AudioEye, Inc.. (Schnell, Austin)
March 16, 2021 Filing 22 Amended MOTION to Appear Pro Hac Vice by Cabrach J. Connor for Indra Neel Chatterjee by on behalf of accessiBe Ltd.. (Attachments: #1 Proposed Order)(Connor, Cabrach)
March 16, 2021 Opinion or Order Text Order GRANTING #19 Motion to Appear Pro Hac Vice for Attorney Samuel Sherry for accessiBe Ltd. Before the Court is the Motion for Admission Pro Hac Vice. The Court, having reviewed the Motion, finds it should be GRANTED and therefore orders as follows: IT IS ORDERED the Motion for Admission Pro Hac Vice is GRANTED. IT IS FURTHER ORDERED that Applicant, if he/she has not already done so, shall immediately tender the amount of $100.00, made payable to: Clerk, U.S. District Court, in compliance with Local Rule AT-I (f)(2). Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order entered by Judge Alan D Albright. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mm6)
March 16, 2021 Opinion or Order Text Order GRANTING #18 Motion to Appear Pro Hac Vice for Attorney Lucas Dahlin for accessiBe Ltd. Before the Court is the Motion for Admission Pro Hac Vice. The Court, having reviewed the Motion, finds it should be GRANTED and therefore orders as follows: IT IS ORDERED the Motion for Admission Pro Hac Vice is GRANTED. IT IS FURTHER ORDERED that Applicant, if he/she has not already done so, shall immediately tender the amount of $100.00, made payable to: Clerk, U.S. District Court, in compliance with Local Rule AT-I (f)(2). Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order entered by Judge Alan D Albright. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mm6)
March 16, 2021 Opinion or Order Text Order MOOTING #20 Motion to Appear Pro Hac Vice entered by Judge Alan D Albright; Amended motion filed 3/16/2021 (This is a text-only entry generated by the court. There is no document associated with this entry.) (mm6)
March 16, 2021 Opinion or Order Text Order GRANTING #22 Motion to Appear Pro Hac Vice by Indra Neel Chatterjee for accessible Ltd. Before the Court is the Motion for Admission Pro Hac Vice. The Court, having reviewed the Motion, finds it should be GRANTED and therefore orders as follows: IT IS ORDERED the Motion for Admission Pro Hac Vice is GRANTED. IT IS FURTHER ORDERED that Applicant, if he/she has not already done so, shall immediately tender the amount of $100.00, made payable to: Clerk, U.S. District Court, in compliance with Local Rule AT-I (f)(2). Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order entered by Judge Alan D Albright. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mm6)
March 8, 2021 Filing 21 Opposed MOTION to Transfer Case or Dismiss Non-Patent Claims for Lack of Personal Jurisdiction by accessiBe Ltd.. (Attachments: #1 Affidavit of Dekel Skoop, #2 Affidavit of Samuel Sherry, #3 Exhibit 1 to Sherry Declaration, #4 Exhibit 2 to Sherry Declaration, #5 Exhibit 3 to Sherry Declaration, #6 Exhibit 4 to Sherry Declaration, #7 Exhibit 5 to Sherry Declaration, #8 Exhibit 6 to Sherry Declaration)(Connor, Cabrach)
March 4, 2021 Filing 20 MOTION to Appear Pro Hac Vice by Cabrach J. Connor filed for Neel Chatterjee ( Filing fee $ 100 receipt number 0542-14555855) by on behalf of accessiBe Ltd.. (Attachments: #1 Proposed Order)(Connor, Cabrach)
March 4, 2021 Filing 19 MOTION to Appear Pro Hac Vice by Cabrach J. Connor filed for Samuel Sherry ( Filing fee $ 100 receipt number 0542-14555783) by on behalf of accessiBe Ltd.. (Attachments: #1 Proposed Order)(Connor, Cabrach)
March 4, 2021 Filing 18 MOTION to Appear Pro Hac Vice by Cabrach J. Connor filed for Lucas Dahlin ( Filing fee $ 100 receipt number 0542-14555701) by on behalf of accessiBe Ltd.. (Attachments: #1 Proposed Order)(Connor, Cabrach)
March 4, 2021 Filing 17 NOTICE of Attorney Appearance by Kevin S. Kudlac on behalf of accessiBe Ltd. (Kudlac, Kevin)
March 4, 2021 Filing 16 NOTICE of Attorney Appearance by Cabrach J. Connor on behalf of accessiBe Ltd. (Connor, Cabrach)
February 12, 2021 Opinion or Order Filing 15 Standing Order Regarding Filing Documents Under Seal and Redacted Pleadings in Patent Cases. Signed by Judge Alan D Albright. as of 2/12/2021. (bot1)
January 27, 2021 Opinion or Order Text Order GRANTING #14 Motion to Appear Pro Hac Vice for Attorney Brian Horne for AudioEye, Inc. Before the Court is the Motion for Admission Pro Hac Vice. The Court, having reviewed the Motion, finds it should be GRANTED and therefore orders as follows: IT IS ORDERED the Motion for Admission Pro Hac Vice is GRANTED. IT IS FURTHER ORDERED that Applicant, if he/she has not already done so, shall immediately tender the amount of $100.00, made payable to: Clerk, U.S. District Court, in compliance with Local Rule AT-I (f)(2). Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order entered by Judge Alan D Albright. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mm6)
January 25, 2021 Filing 14 MOTION to Appear Pro Hac Vice by Brian Christopher Nash on behalf of Brian Horne ( Filing fee $ 100 receipt number 0542-14410135) by on behalf of AudioEye, Inc.. (Attachments: #1 Proposed Order)(Nash, Brian)
December 29, 2020 Filing 13 SECOND AMENDED COMPLAINT against accessiBe Ltd. filed by AudioEye, Inc.. (Attachments: #1 Exhibit)(bw)
December 29, 2020 Opinion or Order Text Order GRANTING #12 Motion for Leave to File entered by Judge Alan D Albright. This Court, having considered Plaintiff AudioEye, Inc.'s Unopposed Motion for Leave to File Second Amended Complaint, and good cause appearing therefor, hereby GRANTS the Motion. The Clerk is directed to enter AudioEye's Second Amended Complaint, which was attached as Exhibit A to its Motion. (This is a text-only entry generated by the court. There is no document associated with this entry.) (re)
December 28, 2020 Filing 12 Unopposed MOTION for Leave to File Second Amended Complaint by AudioEye, Inc.. (Attachments: #1 Exhibit A - Second Amended Complaint, #2 Exhibit Exhibits 1-18 to Second Amended Complaint, #3 Proposed Order)(Nash, Brian)
December 10, 2020 Opinion or Order Text Order GRANTING #11 Motion to Appear Pro Hac Vice for Attorney Jared C. Bunker for AudioEye, Inc. Before the Court is the Motion for Admission Pro Hac Vice. The Court, having reviewed the Motion, finds it should be GRANTED and therefore orders as follows: IT IS ORDERED the Motion for Admission Pro Hac Vice is GRANTED. IT IS FURTHER ORDERED that Applicant, if he/she has not already done so, shall immediately tender the amount of $100.00, made payable to: Clerk, U.S. District Court, in compliance with Local Rule AT-I (f)(2). Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order entered by Judge Alan D Albright. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mm6)
December 3, 2020 Filing 11 MOTION to Appear Pro Hac Vice by Brian Christopher Nash on behalf of Jared Bunker ( Filing fee $ 100 receipt number 0542-14245877) by on behalf of AudioEye, Inc.. (Attachments: #1 Proposed Order)(Nash, Brian)
December 2, 2020 Filing 10 Notice of Filing of Amended Patent/Trademark Form (AO 120). AO 120 forwarded to the Director of the U.S. Patent and Trademark Office. (Nash, Brian)
December 2, 2020 Filing 9 Pro Hac Vice Letter to attys Steven Jensen, Brian Horne and Jared Bunker. (lad)
December 2, 2020 Filing 8 Attorneys filing Amended Complaints adding patents-in-dispute must update the form AO120, FLATTEN, and e-file using the "Notice of Filing of Patent/Trademark Form" event. (re: '946 and '947 patents) (lad)
December 2, 2020 Filing 7 AMENDED COMPLAINT First Amended Complaint against accessiBe Ltd. amending, filed by AudioEye, Inc.. (Attachments: #1 Exhibit Nos. 1-12)(Nash, Brian)
October 27, 2020 Filing 5 Summons Issued as to accessiBe Ltd. (lad)
October 27, 2020 Filing 4 Notice of Filing of Patent/Trademark Form (AO 120). AO 120 forwarded to the Director of the U.S. Patent and Trademark Office. (Nash, Brian)
October 26, 2020 Case assigned to Judge Alan D Albright. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (lad)
October 26, 2020 Filing 3 REQUEST FOR ISSUANCE OF SUMMONS by AudioEye, Inc.. (Nash, Brian)
October 26, 2020 Filing 2 RULE 7 DISCLOSURE STATEMENT filed by AudioEye, Inc. . (Nash, Brian)
October 26, 2020 Filing 1 COMPLAINT ( Filing fee $ 400 receipt number 0542-14113956), filed by AudioEye, Inc.. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Civil Cover Sheet)(Nash, Brian) (Attachment 9 replaced on 10/27/2020) (lad).

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Defendant: accessiBe Ltd.
Represented By: Cabrach J. Connor
Represented By: Jesse Cheng
Represented By: Lucas Dahlin
Represented By: Samuel Sherry
Represented By: I. Neel Chatterjee
Represented By: Kevin S. Kudlac
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Plaintiff: AudioEye, Inc.
Represented By: Brian Christopher Nash
Represented By: Jared C. Bunker
Represented By: Austin Michael Schnell
Represented By: Brian Horne
Represented By: Stephen C. Jensen
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