Audio MPEG, Inc. et al v. Dell, Inc., et al
| Audio MPEG, Inc, U.S. Philips Corporation, TDF SAS, Orange SA, Institut Fur Rundfunktechnik GmBh and Audio MPEG, Inc. |
| Dell, Inc |
| HP Inc. and Dell, Inc. |
| Societa Italiana per lo Sviluppo deli'Elettronica S.p.A. and Sisvel US |
| 2:2015cv00073 |
| February 20, 2015 |
| US District Court for the Eastern District of Virginia |
| Norfolk Office |
| Alexandria City |
| Mark S Davis |
| Robert J Krask |
| Henry C Morgan |
| Patent |
| 35 U.S.C. § 281 |
| Both |
Docket Report
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Filing 980
ORDER - the portion of the Court's Order of 3/17/16, DOC 489 at 1, placing the law firm of Kellogg, Hansen, Todd, Figel & Frederick, P.L.L.C. on its permanent recusal list is hereby VACATED ab initio as having been improvidently ordered. Signed by District Judge Henry C. Morgan, Jr on 4/10/18. (afar)
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Filing 979
ORDER OF DISMISSAL, AGREED, entered and filed 12/29/17 GRANTING Plaintiff's #976 Joint Motion to Voluntarily Dismiss: The parties having stipulated to dismissal with prejudice of the above-captioned action, including all counterclaims and third-party claims, pursuant to Rule 41(a)(l) (A)(ii), the action is dismissed as follows, each party to bear its own costs. All claims of the Plaintiffs and Counterclaim Defendant are hereby dismissed with prejudice; and all counterclaims and third-party claims of the Defendant and Counterclaim Plaintiff are hereby dismissed with prejudice. The Court shall retain jurisdiction for purposes of enforcing the settlement among the parties. (Signed by District Judge Mark S. Davis on 12/29/17). Copies provided 12/29/17. (ecav, )
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Filing 978
ORDER, AGREED, GRANTING Plaintiffs' #977 Motion to Withdraw as Attorney, as outlined. Attorney Jamie Lauren Kringstein terminated. (Signed by District Judge Mark S. Davis on 12/29/17). Copies provided 12/29/17. (ecav, )
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| Filing 977 Consent MOTION to Withdraw as Attorney (and Memorandum in Support) by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, Societa Italiana per lo Sviluppo deli'Elettronica S.p.A., TDF SAS, U.S. Philips Corporation. (Attachments: #1 Exhibit 1)(Noona, Stephen) |
| Filing 976 Joint MOTION to Voluntarily Dismiss (and Memorandum in Support) by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, Societa Italiana per lo Sviluppo deli'Elettronica S.p.A., TDF SAS, U.S. Philips Corporation. (Attachments: #1 Exhibit 1)(Noona, Stephen) |
| Filing 975 NOTICE of Settlement (Joint Notice) by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, TDF SAS, U.S. Philips Corporation (Noona, Stephen) |
| Filing 974 TRANSCRIPT of proceedings held on 11-27-2017, before Judge Robert J. Krask, Court Reporter/Transcriber Jody Stewart, Telephone number 757-222-7071. NOTICE RE REDACTION OF TRANSCRIPTS:The parties have thirty(30) calendar 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.vaed.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 1/2/2018. Redacted Transcript Deadline set for 1/30/2018. Release of Transcript Restriction set for 2/28/2018.(stewart, jody) |
| Filing 973 Proposed Voir Dire by Dell, Inc.. (Molster, Charles) |
| Filing 972 Memorandum in Support re #968 MOTION to Seal filed by Dell, Inc.. (Molster, Charles) |
| Filing 971 SEALED Certificate of Service re #967 Declaration of Frederick Gaston Hall in Support of #970 SEALED Dell Inc.'s Opposition to Plaintiffs' Motion to Allow for Testimony by Contemporaneous Transmission at Trial, #968 Motion to Seal. (Attachments: #1 Exhibit 3, #2 Exhibit 4, #3 Exhibit 5, #4 Exhibit 6)(Molster, Charles) |
| Filing 970 SEALED Dell Inc.'s Opposition to Plaintiffs' #955 Motion To Allow For Testimony By Contemporaneous Transmission At Trial, #968 Motion to Seal.(Molster, Charles) |
| Filing 969 Notice of Filing Sealing Motion LCvR5(C) by Dell, Inc. re #968 MOTION to Seal (Molster, Charles) |
| Filing 968 MOTION to Seal by Dell, Inc.. (Attachments: #1 Proposed Order - Exhibit A)(Molster, Charles) |
| Filing 967 Declaration re #966 Opposition to Plaintiffs' Motion to Allow for Testimony by Contemporaneous Transmission at Trial of Frederick Gaston Hall by Dell, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Molster, Charles) |
| Filing 966 Opposition to #955 MOTION Motion To Allow For Testimony By Contemporaneous Transmission At Trial (REDACTED) filed by Dell, Inc.. (Molster, Charles) |
| Filing 965 Proposed Voir Dire by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, TDF SAS, U.S. Philips Corporation. (Noona, Stephen) |
| Telephone Conference set for 11/29/2017 at 04:00 PM in Norfolk Judges Chamber w/OCR before Magistrate Judge Robert J. Krask. (lwoo) |
| Deposition Designation Hearing held on 11/27/2017 before Magistrate Judge Robert J. Krask. (Court Reporter Jody Stewart, OCR.)(lwoo) |
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Filing 961
ORDER granting #960 Consent Motion to Expedite Briefing on Plaintiffs' Motion to Allow for Testimony by Contemporaneous Transmission at Trial. Signed by District Judge Mark S. Davis on 11/27/2017. (Davis, Mark)
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| Filing 960 Consent MOTION to Expedite (Consent Motion And Memorandum In Support Of Consent Motion To Expedite Briefing On Plaintiffs Motion To Allow For Testimony By Contemporaneous Transmission At Trial ) by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, TDF SAS, U.S. Philips Corporation. (Attachments: #1 Exhibit 1)(Noona, Stephen) |
| Filing 959 Sealed Attachment/Exhibit(s) re #951 MOTION to Seal Certain Documents, #957 Declaration,. (Attachments: #1 Exhibit 3 (Sealed))(Noona, Stephen) |
| Filing 958 Sealed Memorandum in Support re #956 Memorandum in Support, #951 MOTION to Seal Certain Documents. (Noona, Stephen) |
| Filing 957 Declaration re #956 Memorandum in Support, (Of Wen-Ying Angela Chang ) by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, TDF SAS, U.S. Philips Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Noona, Stephen) |
| Filing 956 Memorandum in Support re #955 MOTION Motion To Allow For Testimony By Contemporaneous Transmission At Trial (Public Version) filed by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, TDF SAS, U.S. Philips Corporation. (Noona, Stephen) |
| Filing 955 MOTION Motion To Allow For Testimony By Contemporaneous Transmission At Trial by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, TDF SAS, U.S. Philips Corporation. (Noona, Stephen) |
| Filing 954 Notice of Filing Sealing Motion LCvR5(C) by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, TDF SAS, U.S. Philips Corporation re #951 MOTION to Seal Certain Documents (Noona, Stephen) |
| Filing 953 Declaration re #952 Memorandum in Support (Of Wen-Ying Angela Chang ) by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, TDF SAS, U.S. Philips Corporation. (Noona, Stephen) |
| Filing 952 Memorandum in Support re #951 MOTION to Seal Certain Documents filed by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, TDF SAS, U.S. Philips Corporation. (Noona, Stephen) |
| Filing 951 MOTION to Seal Certain Documents by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, TDF SAS, U.S. Philips Corporation. (Attachments: #1 Exhibit 1)(Noona, Stephen) |
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Filing 950
ORDER entered and filed 11/22/17 GRANTING Dell Inc.'s #929 Motion to File Certain Materials Under Seal Pursuant to LCvR5(C), as outlined. (See Order for Specifics) (Signed by Magistrate Judge Robert J. Krask on 11/22/17). Copies provided 11/22/17. (ecav, )
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Filing 949
ORDER entered and filed 11/22/17 GRANTING Dell Inc.'s #922 Motion to File Certain Materials Under Seal Pursuant to LCvR5(C), as outlined. (See Order for Specifics) (Signed by Magistrate Judge Robert J. Krask on 11/22/17). Copies provided 11/22/17. (ecav, )
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Filing 947
ORDER OF RECUSAL entered 11/20/17/ and filed 11/21/17. (Signed by Magistrate Judge Lawrence R. Leonard on 11/20/17). Copies provided as directed 11/21/17. (ecav, )
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| Minute Entry for proceedings held before Magistrate Judge Lawrence R. Leonard:Settlement Conference held on 11/20/2017. (cdod, ) |
| Filing 946 Proposed Jury Instructions by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, TDF SAS, U.S. Philips Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Noona, Stephen) |
| Filing 945 Proposed Jury Instructions by Dell, Inc.. (Attachments: #1 Exhibit A- Proposed Verdict Form)(Molster, Charles) |
| Filing 944 Proposed Jury Instructions by Dell, Inc.. (Attachments: #1 Exhibit A- Proposed Verdict Form)(Molster, Charles) |
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Filing 943
JOINT PRETRIAL ORDER, entered 11/17/17, as modified, and filed 11/20/17. (See Order for Specifics) (Signed by Magistrate Judge Robert J. Krask on 11/17/17). Copies provided 11/20/17. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(ecav, )
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| MOTIONS REFERRED to Magistrate Judge: Robert J. Krask. #929 MOTION to Seal , #922 MOTION to Seal (ecav, ) |
| Filing 942 RESPONSE in Support re #929 MOTION to Seal , #922 MOTION to Seal filed by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, TDF SAS, U.S. Philips Corporation. (Noona, Stephen) |
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Filing 941
SETTLEMENT CONFERENCE ORDER, entered and filed 11/6/17: Settlement Conference scheduled in the United States District Court, 600 Granby Street, Norfolk, Virginia 23510, at 1:30 p.m. on Monday, November 20, 2017. Memorandum due by NOON on FRIDAY, November 17, 2017. (See Order for Specifics) (Signed by Magistrate Judge Lawrence R. Leonard on 11/16/17). Copies provided as directed 11/16/17. (ecav, )
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Filing 940
OPINION AND ORDER entered and filed 11/16/17: Having determined that genuine disputes of material fact remain regarding willful infringement and enhanced damages, the Court therefore DENIES Dell's #695 SUPPLEMENTAL Motion for Summary Judgment, as outlined. (See Order and Foot Notes for Specifics) (Signed by District Judge Mark S. Davis on 11/16/17). Copies provided as directed 11/16/17. (ecav, )
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| Filing 939 TRANSCRIPT of proceedings (Teleconference) held on 11/14/2017, before Judge Robert J. Krask, Court Reporter/Transcriber Heidi Jeffreys, Telephone number 757-222-7075. NOTICE RE REDACTION OF TRANSCRIPTS:The parties have thirty(30) calendar 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.vaed.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 12/18/2017. Redacted Transcript Deadline set for 1/16/2018. Release of Transcript Restriction set for 2/14/2018.(jeffreys, heidi) |
| Filing 938 TRANSCRIPT of proceedings (Teleconference) held on 11/13/2017, before Judge Robert J. Krask, Court Reporter/Transcriber Heidi Jeffreys, Telephone number 757-222-7075. NOTICE RE REDACTION OF TRANSCRIPTS:The parties have thirty(30) calendar 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.vaed.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 12/18/2017. Redacted Transcript Deadline set for 1/16/2018. Release of Transcript Restriction set for 2/14/2018.(jeffreys, heidi) |
| Telephone Conference held on 11/16/2017 before Magistrate Judge Robert J. Krask. (lwoo) |
| Set Hearings: Settlement Conference set for 11/20/2017 at 01:30 PM in Norfolk Judges Chamber before Magistrate Judge Lawrence R. Leonard. (cdod, ) |
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Filing 937
ORDER entered and filed 11/14/17 GRANTING Plaintiffs Audio MPEG, Inc.,U.S. Philips Corporation, TDF SAS, and Institut fur Rundfunktechnik GmbH (collectively, "Plaintiffs") #908 Motion for Leave to File Certain Documents Under Seal ("Motion to Seal"), as outlined. (See Order for Specifics) (Signed by Magistrate Judge Robert J. Krask on 11/14/17). Copies provided 11/15/17. (ecav, )
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Filing 936
ORDER entered and filed 11/14/17, as modified, GRANTING Plaintiffs Audio MPEG, Inc., U.S. Philips Corporation, TDF SAS, and Institut fur Rundfunktechnik GmbH ("Plaintiffs") #898 Motion for Leave to File Certain Documents Under Seal ("Motion to Seal"), as outlined. (See Order for Specifics) (Signed by Magistrate Judge Robert J. Krask on 11/14/17). Copies provided 11/15/17. (ecav, )
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| MOTIONS REFERRED to Magistrate Judge: Robert J. Krask. #908 MOTION to Seal Certain Documents, #898 MOTION to Seal Certain Documents (ecav, ) |
| Telephone Conference set for 11/16/2017 at 04:00 PM in Norfolk Judges Chamber before Magistrate Judge Robert J. Krask. (lwoo) |
| Telephone Conference held on 11/14/2017 before Magistrate Judge Robert J. Krask. (lwoo) |
| Filing 935 Declaration re #908 MOTION to Seal Certain Documents, #934 Response in Support of Motion, #898 MOTION to Seal Certain Documents of Frederick Gaston Hall by Dell, Inc.. (Molster, Charles) |
| Filing 934 RESPONSE in Support re #908 MOTION to Seal Certain Documents, #898 MOTION to Seal Certain Documents filed by Dell, Inc.. (Molster, Charles) |
| Filing 933 Memorandum to #929 MOTION to Seal filed by Dell, Inc.. (Molster, Charles) |
| Filing 932 SEALED Certificate of Service re #928 Declaration of Jeffrey A. Love in Support of Dell Inc.'s Reply in Support of its Objection to Magistrate Judge Krask's Order Denying in Part Dell's Motion to Exclude the Testimony of John Jarosz, #929 Motion to Seal. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Molster, Charles) |
| Filing 931 SEALED Reply re #879 SEALED Dell Inc.'s Objection to Magistrate Judge Krask's Order Denying in Part Dell's Motion to Exclude the Testimony of John Jarosz, #929 Motion to Seal, #930 Notice of Filing Sealing Motion LCvR5(C), #863 Order on Motion to Exclude.(Molster, Charles) |
| Filing 930 Notice of Filing Sealing Motion LCvR5(C) by Dell, Inc. re #929 MOTION to Seal (Molster, Charles) |
| Filing 929 MOTION to Seal by Dell, Inc.. (Attachments: #1 Proposed Order - Exhibit A)(Molster, Charles) |
| Filing 928 Declaration re #927 Reply in Support of its Objection to Magistrate Judge Krask's Order Denying in Part Dell's Motion to Exclude the Testimony of John Jarosz by Dell, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Molster, Charles) |
| Filing 927 Reply to #875 Objection, #863 Order on Motion to Exclude, #501 MOTION to Exclude the Testimony of John Jarosz filed by Dell, Inc.. (Molster, Charles) |
| Filing 926 Memorandum in Support re #922 MOTION to Seal filed by Dell, Inc.. (Molster, Charles) |
| Filing 925 SEALED Certificate of Service re #924 SEALED Dell Inc.'s Reply, #921 Declaration of Benjamin J. Gottesman, #862 Order on Motion in Limine, #922 Motion to Seal. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Molster, Charles) |
| Filing 924 SEALED Dell Inc.'s Reply re #905 SEALED Objections to Dkt. 862, Magistrate Judge Krask's Order Regarding Dell Inc.'s Omnibus Motion in Limine, #923 Notice of Filing Sealing Motion LCvR5(C), #862 Order on Motion in Limine, #922 Motion to Seal. (Molster, Charles) |
| Filing 923 Notice of Filing Sealing Motion LCvR5(C) by Dell, Inc. re #922 MOTION to Seal (Molster, Charles) |
| Filing 922 MOTION to Seal by Dell, Inc.. (Attachments: #1 Proposed Order - Exhibit A)(Molster, Charles) |
| Filing 921 Declaration re #920 Reply in Support of its Objections to Dkt. 862 Magistrate Judge Krask's October 6, 2017 Order Regarding Dell Inc.'s Omnibus Motion in Limine by Dell, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Molster, Charles) |
| Filing 920 Reply to #874 Objection, #862 Order on Motion in Limine, #902 Opposition to Dell's Objections to Magistrate Judge Krask's Order Dated October 6, 2017 filed by Dell, Inc.. (Molster, Charles) |
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Filing 919
ORDER entered and filed 11/8/17 GRANTING Dell Inc.'s #888 Motion to File Certain Materials Under Seal Pursuant to LCvR5(c), as outlined. The clerk is directed to seal certain portions of Dell's Memorandum in Support of Dell's Motion to Resolve Dispute Over Dell's Inclusion of Derrick Rayburn and Mei-Chun Ku on Dell's Witness List and exhibits. The sealed material shall remain sealed until forty-five (45) days after the final resolution of this matter and then, returned to counsel. (See Order for Specifics) (Signed by Magistrate Judge Robert J. Krask on 11/8/17). Copies provided 11/9/17. (ecav, )
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| Filing 918 Pursuant to the representations made by counsel for the parties at the final pretrial conference held on November 7, 2017, the motion #885 to resolve dispute over Dell's inclusion of Derrick Rayburn and Mei-Chun Ku on Dell's witness list is DENIED as moot. Signed by Magistrate Judge Robert J. Krask on 11/08/2017. (Krask, Robert) |
| MOTIONS REFERRED to Magistrate Judge: Robert J. Krask. #888 MOTION to Seal (ecav, ) |
| Minute Entry for proceedings held before Magistrate Judge Robert J. Krask:Final Pretrial Conference held on 11/7/2017. (cdod, ) |
| Filing 917 RESPONSE in Support re #888 MOTION to Seal filed by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, TDF SAS, U.S. Philips Corporation. (Noona, Stephen) |
| Filing 916 Reply to Motion re #885 MOTION to Resolve DIspute Over Dell's Inclusion of Derrick Rayburn and Mei-Chun Ku on Dell's Witness List filed by Dell, Inc.. (Molster, Charles) |
| Filing 915 Sealed Attachment/Exhibit(s) re #908 MOTION to Seal Certain Documents, #913 Declaration,,. (Attachments: #1 Exhibit 4, #2 Exhibit 5, #3 Exhibit 8, #4 Exhibit 9, #5 Exhibit 13)(Noona, Stephen) |
| Filing 914 Sealed Response/Reply/Opposition re #908 MOTION to Seal Certain Documents, #912 Memorandum in Opposition,. (Noona, Stephen) |
| Filing 913 Declaration re #912 Memorandum in Opposition, (of Wen-Ying Angela Chang) by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, TDF SAS, U.S. Philips Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4 (Public Version), #5 Exhibit 5 (Public Version), #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8 (Public Version), #9 Exhibit 9(Public Version), #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13 (Public Version))(Noona, Stephen) |
| Filing 912 Memorandum in Opposition re #885 MOTION to Resolve DIspute Over Dell's Inclusion of Derrick Rayburn and Mei-Chun Ku on Dell's Witness List (Public Version) filed by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, TDF SAS, U.S. Philips Corporation. (Noona, Stephen) |
| Filing 911 Declaration re #909 Memorandum in Support (of Wen-Ying Angela Chang) by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, TDF SAS, U.S. Philips Corporation. (Noona, Stephen) |
| Filing 910 Notice of Filing Sealing Motion LCvR5(C) by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, TDF SAS, U.S. Philips Corporation re #908 MOTION to Seal Certain Documents (Noona, Stephen) |
| Filing 909 Memorandum in Support re #908 MOTION to Seal Certain Documents filed by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, TDF SAS, U.S. Philips Corporation. (Noona, Stephen) |
| Filing 908 MOTION to Seal Certain Documents by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, TDF SAS, U.S. Philips Corporation. (Attachments: #1 Exhibit 1)(Noona, Stephen) |
| Filing 907 Sealed Attachment/Exhibit(s) re #898 MOTION to Seal Certain Documents, #904 Declaration,. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Noona, Stephen) |
| Filing 906 Sealed Response/Reply/Opposition re #898 MOTION to Seal Certain Documents, #903 Opposition. (Noona, Stephen) |
| Filing 905 Sealed Response/Reply/Opposition re #898 MOTION to Seal Certain Documents, #902 Opposition. (Noona, Stephen) |
| Filing 904 Declaration re #903 Opposition (of Jamie L. Kringstein) by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, TDF SAS, U.S. Philips Corporation. (Attachments: #1 Exhibit A (Public Version), #2 Exhibit B (Public Version), #3 Exhibit C (Public Version), #4 Exhibit D (Public Version), #5 Exhibit E (Public Version), #6 Exhibit F (Public Version))(Noona, Stephen) |
| Filing 903 Opposition to #875 Objection (Public Version) filed by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, TDF SAS, U.S. Philips Corporation. (Noona, Stephen) |
| Filing 902 Opposition to #874 Objection (Public Version) filed by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, TDF SAS, U.S. Philips Corporation. (Noona, Stephen) |
| Filing 901 Declaration re #899 Memorandum in Support (of Jamie L. Kringstein) by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, TDF SAS, U.S. Philips Corporation. (Noona, Stephen) |
| Filing 900 Notice of Filing Sealing Motion LCvR5(C) by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, TDF SAS, U.S. Philips Corporation re #898 MOTION to Seal Certain Documents (Noona, Stephen) |
| Filing 899 Memorandum in Support re #898 MOTION to Seal Certain Documents filed by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, TDF SAS, U.S. Philips Corporation. (Noona, Stephen) |
| Filing 898 MOTION to Seal Certain Documents by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, TDF SAS, U.S. Philips Corporation. (Attachments: #1 Exhibit 1)(Noona, Stephen) |
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Filing 897
ORDER entered and filed 11/2/17 GRANTING Dell's #877 Motion to File Certain Materials Under Seal, as outlined. The Clerk is directed to seal certain portions of Dell's Objection to Magistrate Judge Krask's Order Denying in Part Dell's Motion to Exclude the Testimony of John Jarosz. The sealed material shall remain sealed until forty-five (45) days after the final resolution of this matter and then, returned to counsel. (See Order for Specifics) (Signed by Magistrate Judge Robert J. Krask on 11/2/17). Copies provided 11/3/17. (ecav, )
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Filing 896
ORDER, AGREED, entered and filed 11/1/17 GRANTING Dell's #884 Motion to Expedite Briefing Regarding Dell's Motion to Resolve Dispute Over Dell's Inclusion of Derrick Rayburn And Mei-Chun Ku On Dell's Witness List. It is hereby ORDERED that Plaintiffs shall file their Opposition Brief by 9:00 p.m. on Sunday, November 5, 2017, and Dell shall file any Reply Brief by 3:00 p.m. on Monday, November 6, 2017. (Signed by Magistrate Judge Robert J. Krask on 11/1/17). Copies provided 11/1/17. (ecav, )
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| Filing 895 NOTICE by Dell, Inc. re #884 MOTION to Expedite Briefing on Dell's Motion to Resolve Dispute over Dell's Inclusion of Derrick Rayburn and Mei-Chun Ku on Dell's Witness List (Attachments: #1 Proposed Order - Exhibit A)(Molster, Charles) |
| Filing 894 RESPONSE to Motion re #884 MOTION to Expedite Briefing on Dell's Motion to Resolve Dispute over Dell's Inclusion of Derrick Rayburn and Mei-Chun Ku on Dell's Witness List filed by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, TDF SAS, U.S. Philips Corporation. (Noona, Stephen) |
| Filing 893 Declaration re #888 MOTION to Seal , #889 Notice of Filing Sealing Motion LCvR5(C), #892 Memorandum in Support by Dell, Inc.. (Molster, Charles) |
| Filing 892 Memorandum in Support re #888 MOTION to Seal filed by Dell, Inc.. (Molster, Charles) |
| Filing 891 SEALED Certificate of Service re #887 Declaration of Rachel Proctor May in Support of Motion to Resolve Dispute over Dell's Inclusion of Derrick Rayburn and Mei-Chun Ku on Dell's Witness List, #888 MOTION to Seal, #890 SEALED Memorandum in Support of Dell's Inclusion of Derrick Rayburn and Mei-Chun Ku on Dell's Witness List. (Attachments: #1 Exhibit 1, #2 Exhibit 4, #3 Exhibit 6)(Molster, Charles) |
| Filing 890 SEALED Memorandum in Support of #885 Dell's Motion to Resolve Dispute Over Dell's Inclusion of Derrick Rayburn and Mei-Chun Ku on Dell's Witness List re #888 Dell Motion to Seal.(Molster, Charles) |
| Filing 889 Notice of Filing Sealing Motion LCvR5(C) by Dell, Inc. re #888 MOTION to Seal (Molster, Charles) |
| Filing 888 MOTION to Seal by Dell, Inc.. (Attachments: #1 Proposed Order - Exhibit 1)(Molster, Charles) |
| Filing 887 Declaration re #885 MOTION to Resolve DIspute Over Dell's Inclusion of Derrick Rayburn and Mei-Chun Ku on Dell's Witness List , #886 Memorandum in Support of Dell's Motion to Resolve Dispute over Dell's Inclusion of Derrick Rayburn and Mei-Chun Ku on Dell's Witness List by Dell, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(Molster, Charles) |
| Filing 886 Memorandum in Support re #885 MOTION to Resolve DIspute Over Dell's Inclusion of Derrick Rayburn and Mei-Chun Ku on Dell's Witness List filed by Dell, Inc.. (Molster, Charles) |
| Filing 885 MOTION to Resolve DIspute Over Dell's Inclusion of Derrick Rayburn and Mei-Chun Ku on Dell's Witness List by Dell, Inc.. (Attachments: #1 Proposed Order)(Molster, Charles) |
| Filing 884 MOTION to Expedite Briefing on Dell's Motion to Resolve Dispute over Dell's Inclusion of Derrick Rayburn and Mei-Chun Ku on Dell's Witness List by Dell, Inc.. (Attachments: #1 Exhibit - 1, #2 Proposed Order - Exhibit 2)(Molster, Charles) |
| MOTIONS REFERRED to Magistrate Judge: Robert J. Krask. #877 MOTION to Seal Certain Materials Pursuant to LCvR5(C) (ecav, ) |
| Filing 883 Declaration re #882 Response in Support of Motion (of Michael P. Devlin) by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, TDF SAS, U.S. Philips Corporation. (Noona, Stephen) |
| Filing 882 RESPONSE in Support re #877 MOTION to Seal Certain Materials Pursuant to LCvR5(C) filed by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, TDF SAS, U.S. Philips Corporation. (Attachments: #1 Exhibit 1)(Noona, Stephen) |
| Filing 881 Memorandum in Support of its Motion to File Certain Materials Under Seal Pursuant to LCvR5(C) to #877 MOTION to Seal Certain Materials Pursuant to LCvR5(C) filed by Dell, Inc.. (Molster, Charles) |
| Filing 880 SEALED Exhibit 1 re #876 Declaration of Jacob E. Hartman in Support of Defendant Dell Inc.'s Objection to Magistrate Judge Krask's Order Denying in Part Dell's Motion to Exclude the Testimony of John Jarosz, #877 Motion to Seal Certain Materials Pursuant to LCvR5(C). (Attachments: #1 Exhibit 1)(Molster, Charles) |
| Filing 879 SEALED Dell Inc.'s Objection to Magistrate Judge Krask's Order Denying in Part Dell's Motion to Exclude the Testimony of John Jarosz re, #863 Order on Motion to Exclude #877 Motion to Seal Certain Materials Pursuant to LCvR5(C), #878 Notice of Filing Sealing Motion LCvR5(C). (Molster, Charles) |
| Filing 878 Notice of Filing Sealing Motion LCvR5(C) by Dell, Inc. re #877 MOTION to Seal Certain Materials Pursuant to LCvR5(C) (Molster, Charles) |
| Filing 877 MOTION to Seal Certain Materials Pursuant to LCvR5(C) by Dell, Inc.. (Attachments: #1 Proposed Order - Exhibit A)(Molster, Charles) |
| Filing 876 Declaration re #875 Objection to Magistrate Judge Krask's Order Denying in Part Dell's Motion to Exclude the Testimony of John Jarosz by Dell, Inc.. (Attachments: #1 Exhibit 1)(Molster, Charles) |
| Filing 875 Objection (Redacted Version) to #863 Order on Motion to Exclude, filed by Dell, Inc.. (Molster, Charles) Modified on 10/23/2017 to update docket text as to this filing being the redacted version (ecav, ). |
| Filing 874 Objection to #862 Order on Motion in Limine filed by Dell, Inc.. (Molster, Charles) |
| Filing 873 REDACTED TRANSCRIPT of proceedings held on 9/8/17 ordered filed redacted by ECF Order #872 , before Judge Robert J. Krask, Court Reporter/Transcriber Paul McManus, Telephone number 757-222-7077. NOTICE RE REDACTION OF TRANSCRIPTS:The parties have thirty(30) calendar 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.vaed.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 11/15/2017. Redacted Transcript Deadline set for 12/18/2017. Release of Transcript Restriction set for 1/16/2018. (ecav, ) |
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Filing 872
ORDER entered 10/13/17 and filed 10/16/17 GRANTING Defendant Dell Inc.'s #867 Motion to Seal and Redact Portions of the Transcript from the September 8, 2017 hearing ("Transcript"), as outlined. The Clerk is directed to file the redacted Transcript attached as Exhibit B to Dell's Unopposed Motion to Seal and Redact. (Signed by Magistrate Judge Robert J. Krask on 10/13/17). (See Order for Specifics) Copies provided 10/16/17. (ecav, )
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| MOTIONS REFERRED to Magistrate Judge: Robert J. Krask. #867 MOTION to Seal and Redact Portions of the Transcript from the September 8, 2017 Hearing (ecav, ) |
| Filing 871 SEALED Document re #867 MOTION to Seal and Redact Portions of the Transcript from the September 8, 2017 Hearing. (Attachments: #1 Certificate of Service)(Molster, Charles) |
| Filing 870 Notice of Filing Sealing Motion LCvR5(C) by Dell, Inc. re #869 Declaration, #867 MOTION to Seal and Redact Portions of the Transcript from the September 8, 2017 Hearing, #868 Memorandum in Support (Molster, Charles) |
| Filing 869 Declaration re #867 MOTION to Seal and Redact Portions of the Transcript from the September 8, 2017 Hearing, #868 Memorandum in Support by Dell, Inc.. (Molster, Charles) |
| Filing 868 Memorandum in Support re #867 MOTION to Seal and Redact Portions of the Transcript from the September 8, 2017 Hearing filed by Dell, Inc.. (Molster, Charles) |
| Filing 867 MOTION to Seal and Redact Portions of the Transcript from the September 8, 2017 Hearing by Dell, Inc.. (Attachments: #1 Proposed Order - Exhibit A, #2 Exhibit B)(Molster, Charles) |
| Filing 866 NOTICE by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, TDF SAS, U.S. Philips Corporation re #649 Objection (Plaintiffs' Notice of Withdrawal of Their Objections to the Magistrate Judge's Order Dated June 30, 2017) (Noona, Stephen) |
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Filing 863
OPINION AND ORDER - (Redacted) Dell's motion to exclude the testimony of John Jarosz (ECF No. #501 ) is (a) GRANTED IN PART, such that Mr. Jarosz is precluded from testifying about the hypothetical example described in his expert report pertaining to the doubling of a royalty rate; and (b) DENIED IN PART in all other respects. (See order for specific details). Copies distributed to all counsel. Signed by Magistrate Judge Robert J. Krask on 10/6/2017. (cchr)
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Filing 862
OPINION AND ORDER (Redacted) granting in part and denying in part #438 Motion in Limine. Signed by Magistrate Judge Robert J. Krask on 10/6/17. (afar, )
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| Minute Entry for proceedings held before Magistrate Judge Robert J. Krask:Telephone Conference held on 9/28/2017. (afor) |
| Filing 861 Sealed Attachment/Exhibit(s) re #859 NOTICE, #853 Order on Motion to Seal,, #855 Order on Motion to Strike,,,,,,,. (Attachments: #1 Exhibit 1 (SEALED Version))(Noona, Stephen) |
| Filing 860 Notice of Filing Sealing Motion LCvR5(C) by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh re #859 NOTICE, #855 Order on Motion to Strike,,,,,,, (Noona, Stephen) |
| Filing 859 NOTICE by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, TDF SAS, U.S. Philips Corporation re #853 Order on Motion to Seal,, #855 Order on Motion to Strike,,,,,,, (Plaintiffs' Notice Of Filing Of Third Supplemental Expert Report Of John C. Jarosz) (Attachments: #1 Exhibit 1 (Public Version))(Noona, Stephen) |
| Filing 858 Objection to #857 NOTICE Concerning Certain Accused Products filed by Dell, Inc.. (Attachments: #1 Exhibit 1)(Molster, Charles) |
| Filing 857 NOTICE by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, TDF SAS, U.S. Philips Corporation re #852 Motion Hearing,,,, (Plaintiffs Notice Concerning Certain Accused Products) (Noona, Stephen) |
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Filing 856
ORDER entered and filed 9/15/17 GRANTING Plaintiffs Audio MPEG, Inc., U.S. Philips Corporation, TDF SAS, and Institut fur Rundfunktechnik GmbH ("Plaintiffs") #836 Motion for Leave to File Certain Documents Under Seal ("Motion to Seal") pursuant to Local Civil Rule 5, as outlined. It is ORDERED that the Clerk is directed to maintain under seal the Plaintiffs' Brief and accompanying exhibits. The sealed material shall remain sealed until forty-five (45) days after the final resolution of this matter and then, returned to counsel. (See Order for Specifics) (Signed by Magistrate Judge Robert J. Krask on 9/15/17). Copies provided 9/15/17. (ecav, )
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| MOTIONS REFERRED to Magistrate Judge: Robert J. Krask. #836 MOTION to Seal Certain Documents (ecav, ) |
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Filing 855
ORDER entered and filed 9/13/17 as to Dell's #438 Omnibus Motion in Limine, motion number 1, Dell's #501 Motion to Exclude the Testimony of John Jarosz, and Dell's #683 Motion to Strike Untimely Expert Reports. The Court held a hearing on September 8,2017, as outlined. For the reasons stated on the record, Dell's motion to strike untimely expert reports (ECF No. 683) was DENIED. The remaining motions were taken under advisement. On July 7, 2017, Dell produced additional data to plaintiffs. ECF No. 786 at 9. On August 11, 2017, after Mr. Jarosz filed his amended expert report, Dell provided a new spreadsheet, and an accompanying declaration, with additional information pertaining to the number of accused Dell devices. ECF No. 828 at 20. In light of this late, supplementaldisclosure, the Court ORDERS that Mr. Jarosz may supplement his expert report to account for the new data disclosure. The report must be filed UNDER SEAL pursuant to the sealing order entered September 22, 2017, ECF No. 853, and provided to Dell no later than September 22, 2017, ECF No. 853. Because Dell's conduct and its failure to timely comply with the Court's order directed to thisissue necessitates the supplemental report, Dell is ORDERED to pay the costs associated with Mr.Jarosz's supplementation of his report.For the reasons stated on the record, Dell's motion to strike untimely expert reports isDENIED and the Court is reopening discovery pertaining to plaintiffs' supplemental expert reports as outlined and by agreement of the parties. Dell's request to file a supplemental damages expert report is DENIED. (See Order for Specifics) (Signed by Magistrate Judge Robert J. Krask on 9/14/17)). Copies provided as directed 9/14/17. (ecav, )
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| Filing 854 TRANSCRIPT of Proceedings held on 09/08/17, before Judge Robert J. Krask, Court Reporter/Transcriber Paul McManus, Telephone number 757-222-7077. NOTICE RE REDACTION OF TRANSCRIPTS:The parties have thirty(30) calendar 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.vaed.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 10/12/2017. Redacted Transcript Deadline set for 11/13/2017. Release of Transcript Restriction set for 12/11/2017.(mcmanus, paul) |
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Filing 853
ORDER entered and filed 9/11/17 GRANTING Plaintiffs Audio MPEG, Inc., U.S. Philips Corporation, TDF SAS, and Institut fur Rundfunktechnik GmbH ("Plaintiffs") #822 Motion Leave to File Certain Documents Under Seal ("Motion to Seal") pursuant to Local Civil Rule 5, as outlined. It is ORDERED that the Clerk is directed to maintain under seal the Plaintiffs' Brief and accompanying exhibits. The sealed material shall remain sealed until forty-five (45) days after the final resolution of this matter and then, returned to counsel. (See Order for Specifics) (Signed by Magistrate Judge Robert J. Krask on 9/11/17). Copies provided 9/11/17. (ecav, )
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| Filing 852 Minute Entry for proceedings held before Magistrate Judge Robert J. Krask. Paul McManus, OCR. Matter came on for hearing on ECF #501 Motion to Exclude, ECF #438 Motion to Preclude Evidence, and ECF #683 Motion to Strike. Appearances by Steve Noona, Garrard Beeney, Marc Leeuw, and Matthew Porpora on behalf of plaintiffs; Charles Molster, Benjamin Gottesman, Derek Ho, and John Thorne for Dell, Inc.Comments of Court.Argument on ECF #501. Argued by Derek Ho and Garrard Benney.Argument on ECF #438. Argued by Derek Ho and Mark DeLeeuw.Argument on ECF #683. Argued by John Thorne and Matthew Porpora.Court ruled from bench as to ECF #683. Court will prepare order.Court in recess. Exhibits introduced and admitted:Plaintiff Exhibit 1 Tab 1-9 of supplemental materials including transcript and discovery documents.Defendant Exhibit 1 Power Point screenshots relating to Motion to Exclude (ECF 501).Defendant Exhibit 2 Power Point screenshots relating to Motion to Strike (ECF 683). (afor) |
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Filing 851
ORDER granting #832 Motion to Seal. Signed by Magistrate Judge Robert J. Krask on 9/5/17. (bpet)
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| Filing 850 Declaration re #849 Response in Support of Motion (of Alexandra H. Moss) by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, TDF SAS, U.S. Philips Corporation. (Noona, Stephen) |
| Filing 849 RESPONSE in Support re #832 MOTION to Seal Certain Documents filed by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, TDF SAS, U.S. Philips Corporation. (Attachments: #1 Exhibit 1)(Noona, Stephen) |
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Filing 848
ORDER entered 9/4/17 and filed 9/5/17 GRANTING Plaintiffs Audio MPEG, Inc., U.S. Philips Corporation, TDF SAS, and Institut fur Rundfunktechnik GmbH (collectively, "Plaintiffs") #814 Motion for Leave to File Certain Documents Under Seal ("Motion to Seal") pursuant to LocalCivil Rule 5, as outlined. It is ORDERED that the clerk is directed to maintain under seal Portions of Plaintiffs' Supplemental Reply Brief and Exhibits A-F to Kringstein Declaration. The sealed material shall remain sealed until forty-five (45) days after the final resolution of this matter and then, returned to counsel. (Signed by Magistrate Judge Robert J. Krask on 9/4/17). Copies provided 9/5/17. (ecav, )
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Filing 847
ORDER on #715 Dell Inc's Objections to Magistrate Judge Krask's Order Dated July 25, 2017. Objection OVERRULED. Having considered the objection, and finding that the Magistrate Judge's Order (ECF No. 657) excluding evidence of the license agreement between Plaintiffs and HP Inc. is not clearly erroneous or contrary to law, the Court will not modify or set aside such ruling. Signed by District Judge Mark S. Davis on 09/05/2017. (Davis, Mark)
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| MOTIONS REFERRED to Magistrate Judge: Robert J. Krask. #832 MOTION to Seal (ecav, ) |
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Filing 846
ORDER entered and filed 9/1/17 DENYING Plaintiff's #840 Motion for Leave to File Sur-Reply. (Signed by District Judge Mark S. Davis on 9/1/17). Copies provided 9/1/17. (ecav, )
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| Filing 845 Declaration re #844 Response, #822 MOTION to Seal Certain Documents, #814 MOTION to Seal Certain Documents by Dell, Inc.. (Molster, Charles) |
| Filing 844 Response to #822 MOTION to Seal Certain Documents, #814 MOTION to Seal Certain Documents filed by Dell, Inc.. (Molster, Charles) |
| MOTIONS REFERRED to Magistrate Judge: Robert J. Krask. #822 MOTION to Seal Certain Documents, #832 MOTION to Seal , #814 MOTION to Seal Certain Documents (ecav, ) |
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Filing 843
ORDER entered 8/29/17 and filed 8/31/17 as to Dell Inc. ("Dell") #767 , #777 , #784 , #795 Motions for Leave to File Certain Materials Under Seal Pursuant to LCvR5(C), filed on August 17, 2017, August 18, 2017 and August 21, 2017 (collectively, "Dell's Motions to Seal"), as outlined. Therefore, the Motions to Seal are GRANTED and it is ORDERED that the Clerk is directed to maintain under seal portions of Dell's Briefs and Supporting Materials. The sealed material shall remain sealed until forty-five (45) days after the final resolution of this matter and then, returned to counsel. (See Order for Specifics) (Signed by Magistrate Judge Robert J. Krask on 8/29/17). Copies provided 9/1/17. (ecav, )
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Filing 842
ORDER entered and filed 8/31/17 GRANTING Plaintiffs Audio MPEG, Inc., U.S. Philips Corporation, TDF SAS, and Institut fur Rundflinktechnik GmbH ("Plaintiffs") #800 Motion for Leave to File Certain Documents Under Seal ("Motion to Seal") pursuant to Local Civil Rule 5, as outlined, which were electronically filed under seal on August 22, 2017: portions of Plaintiffs' Memorandum of Law in Opposition to Dell Inc.'s ("Dell") Objections to Magistrate Judge Krask's Order Dated July 25, 2017 ("Plaintiffs' Brief) and certain accompanying exhibits. It is ORDERED that the Clerk is directed to maintain under seal the Plaintiffs' Brief and accompanying exhibits. The sealed material shall remain sealed until forty-five (45) days after the final resolution of this matter and then, returned to counsel. (Signed by Magistrate Judge Robert J. Krask on 8/31/17). (See Order for Specifics) Copies provided 9/1/17. (ecav, )
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| Filing 841 Sealed Attachment/Exhibit(s) re #836 MOTION to Seal Certain Documents, #840 MOTION for Leave to File Sur-Reply and Memorandum in Support. (Attachments: #1 Exhibit 2, #2 Exhibit A, #3 Exhibit B)(Noona, Stephen) |
| Filing 840 MOTION for Leave to File Sur-Reply and Memorandum in Support by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, TDF SAS, U.S. Philips Corporation. (Attachments: #1 Exhibit 1 (Proposed Order), #2 Exhibit 2 (Proposed Sur-Reply (Public Version)), #3 Exhibit 3 (Supporting Declaration), #4 Exhibit A (Public Version), #5 Exhibit B (Public Version))(Noona, Stephen) |
| Filing 839 Declaration re #837 Memorandum in Support (of Michael P. Devlin) by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, TDF SAS, U.S. Philips Corporation. (Noona, Stephen) |
| Filing 838 Notice of Filing Sealing Motion LCvR5(C) by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, TDF SAS, U.S. Philips Corporation re #836 MOTION to Seal Certain Documents (Noona, Stephen) |
| Filing 837 Memorandum in Support re #836 MOTION to Seal Certain Documents filed by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, TDF SAS, U.S. Philips Corporation. (Noona, Stephen) |
| Filing 836 MOTION to Seal Certain Documents by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, TDF SAS, U.S. Philips Corporation. (Attachments: #1 Exhibit 1)(Noona, Stephen) |
| MOTIONS REFERRED to Magistrate Judge: Robert J. Krask. #800 MOTION to Seal Certain Documents (ecav, ) |
| Filing 835 Memorandum in Support re #832 MOTION to Seal filed by Dell, Inc.. (Molster, Charles) |
| Filing 834 SEALED Dell Inc.'s Reply in Support of Its Objections to Magistrate Judge Krask's Order Dated July 25, 2017 re #657 Order on Motion in Limine, #806 SEALED Plaintiffs' Memorandum of Law in Opposition to Dell's Objections to Magistrate Judge Krask's Order Dated July 25, 2017, #832 Motion to Seal, #833 Notice of Filing Sealing Motion.(Molster, Charles) |
| Filing 833 Notice of Filing Sealing Motion LCvR5(C) by Dell, Inc. re #832 MOTION to Seal (Molster, Charles) |
| Filing 832 MOTION to Seal by Dell, Inc.. (Attachments: #1 Proposed Order)(Molster, Charles) |
| Filing 831 Reply to #804 Response, Dell Inc.'s Reply in Support of Its Objections to Magistrate Judge Krask's Order Dated July 25, 2017 filed by Dell, Inc.. (Molster, Charles) |
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Filing 830
ORDER entered and filed 8/28/17 GRANTING Plaintiffs' #443 Motion in Limine to exclude Dr. Schonfeld's opinions and testimony about numerous unasserted patents, as outlined. (See Order and Foot Notes for Specifics) (Signed by Magistrate Judge Robert J. Krask on 8/28/17). Copies provided 8/28/17. (ecav, )
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| Filing 829 Sealed Attachment/Exhibit(s) re #822 MOTION to Seal Certain Documents, #827 Declaration,,. (Attachments: #1 Exhibit B, #2 Exhibit D, #3 Exhibit E, #4 Exhibit F, #5 Exhibit G, #6 Exhibit H, #7 Exhibit I, #8 Exhibit J, #9 Exhibit K)(Noona, Stephen) |
| Filing 828 Sealed Response/Reply/Opposition re #822 MOTION to Seal Certain Documents, #826 Memorandum in Opposition,. (Noona, Stephen) |
| Filing 827 Declaration re #826 Memorandum in Opposition, (of Michael P. Devlin) by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, TDF SAS, U.S. Philips Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B (Public Version), #3 Exhibit C, #4 Exhibit D (Public Version), #5 Exhibit E (Public Version), #6 Exhibit F (Public Version), #7 Exhibit G (Public Version), #8 Exhibit H (Public Version), #9 Exhibit I (Public Version), #10 Exhibit J (Public Version), #11 Exhibit K (Public Version))(Noona, Stephen) |
| Filing 826 Memorandum in Opposition re #501 MOTION to Exclude the Testimony of John Jarosz (Plaintiffs' Supplemental Memorandum of Law in Opposition to Dell Inc.'s Motion to Exclude the Testimony of John Jarosz per Court Order ECF No. 640) (Public Version) filed by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, TDF SAS, U.S. Philips Corporation. (Noona, Stephen) |
| Filing 825 Declaration re #823 Memorandum in Support (of Michael P. Devlin) by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, TDF SAS, U.S. Philips Corporation. (Noona, Stephen) |
| Filing 824 Notice of Filing Sealing Motion LCvR5(C) by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, TDF SAS, U.S. Philips Corporation re #822 MOTION to Seal Certain Documents (Noona, Stephen) |
| Filing 823 Memorandum in Support re #822 MOTION to Seal Certain Documents filed by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, TDF SAS, U.S. Philips Corporation. (Noona, Stephen) |
| Filing 822 MOTION to Seal Certain Documents by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, TDF SAS, U.S. Philips Corporation. (Attachments: #1 Exhibit 1)(Noona, Stephen) |
| Filing 821 Sealed Attachment/Exhibit(s) re #819 Declaration, #814 MOTION to Seal Certain Documents. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Noona, Stephen) |
| Filing 820 Sealed Response/Reply/Opposition re #818 Reply, #814 MOTION to Seal Certain Documents. (Noona, Stephen) |
| Filing 819 Declaration re #818 Reply, (of Jamie L. Kringstein) by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, TDF SAS, U.S. Philips Corporation. (Attachments: #1 Exhibit A (Public Version), #2 Exhibit B (Public Version), #3 Exhibit C (Public Version), #4 Exhibit D (Public Version), #5 Exhibit E (Public Version), #6 Exhibit F (Public Version))(Noona, Stephen) |
| Filing 818 Reply to #657 Order on Motion in Limine,,, #442 Sealed Memorandum in Support, #438 MOTION in Limine and Memorandum In Support of Omnibus Motion (REDACTED) (Plaintiffs' Supplemental Reply Memorandum of Law in Opposition to Dell Inc.'s Omnibus Motion in Limine No. 1) (Public Version) filed by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, TDF SAS, U.S. Philips Corporation. (Noona, Stephen) |
| Filing 817 Declaration re #815 Memorandum in Support (of Jamie L. Kringstein) by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, TDF SAS, U.S. Philips Corporation. (Noona, Stephen) |
| Filing 816 Notice of Filing Sealing Motion LCvR5(C) by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, TDF SAS, U.S. Philips Corporation re #814 MOTION to Seal Certain Documents (Noona, Stephen) |
| Filing 815 Memorandum in Support re #814 MOTION to Seal Certain Documents filed by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, TDF SAS, U.S. Philips Corporation. (Noona, Stephen) |
| Filing 814 MOTION to Seal Certain Documents by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, TDF SAS, U.S. Philips Corporation. (Attachments: #1 Exhibit 1)(Noona, Stephen) |
| MOTIONS REFERRED to Magistrate Judge: Robert J. Krask. #767 MOTION to Seal , #777 MOTION to Seal , #795 MOTION to Seal , #784 MOTION to Seal (ecav, ) |
| Filing 813 Declaration re #812 Response in Support of Motion, (of Wen-Ying Angela Chang) by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, TDF SAS, U.S. Philips Corporation. (Noona, Stephen) |
| Filing 812 RESPONSE in Support re #767 MOTION to Seal , #777 MOTION to Seal , #795 MOTION to Seal , #784 MOTION to Seal (Plaintiffs' Response Memorandum In Support Of Dell Inc.'s Motions For Leave To File Certain Materials Under Seal Pursuant To Lcvr5(C) (Dkts. 767, 777, 784, 795) ) filed by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, TDF SAS, U.S. Philips Corporation. (Attachments: #1 Proposed Order)(Noona, Stephen) |
| Filing 811 Request for Hearing by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, TDF SAS, U.S. Philips Corporation re #672 MOTION for Summary Judgment on Validity of the '396, '992 and '829 Patents (Noona, Stephen) |
| Filing 810 Request for Hearing by Dell, Inc. re #695 Supplemental MOTION for Summary Judgment (Molster, Charles) |
| Filing 809 Request for Hearing by Dell, Inc. re #683 MOTION to Strike Untimely Expert Reports (Molster, Charles) |
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Filing 808
ORDER entered and filed 8/23/17 GRANTING Plaintiffs Audio MPEG,Inc., U.S. Philips Corporation, TDF SAS, and Institut fur Rundfunktechnik GmbH (collectively, "Plaintiffs") #736 Motion for Leave to File Certain Documents Under Seal ("Motion to Seal") pursuant to Local Civil Rule 5, as outlined. It is ORDERED that the Clerk is directed to maintain under seal the Pope Declaration and Exhibit 9 to Chang Declaration. The sealed material shall remain sealed until forty-five (45) days after the final resolution of this matter and then, returned to counsel. (See Order for Specifics) (Signed by Magistrate Judge Robert J. Krask on 8/23/17). Copies provided 8/23/17. (ecav, )
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| Filing 807 Sealed Attachment/Exhibit(s) re #805 Declaration,, #800 MOTION to Seal Certain Documents. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 5, #5 Exhibit 6, #6 Exhibit 7, #7 Exhibit 8, #8 Exhibit 9, #9 Exhibit 10)(Noona, Stephen) |
| Filing 806 Sealed Response/Reply/Opposition re #804 Response, #800 MOTION to Seal Certain Documents. (Noona, Stephen) |
| Filing 805 Declaration re #804 Response, (of Wen-Ying Angela Chang) by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, TDF SAS, U.S. Philips Corporation. (Attachments: #1 Exhibit 1 (Public Version), #2 Exhibit 2 (Public Version), #3 Exhibit 3 (Public Version), #4 Exhibit 4, #5 Exhibit 5 (Public Version), #6 Exhibit 6 (Public Version), #7 Exhibit 7 (Public Version), #8 Exhibit 8 (Public Version), #9 Exhibit 9 (Public Version), #10 Exhibit 10 (Public Version))(Noona, Stephen) |
| Filing 804 Response to #719 Sealed Document (Plaintiffs' Memorandum of Law in Opposition to Dell's Objections to Magistrate Judge Krask's Order Dated July 25, 2017) (Public Version) filed by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, TDF SAS, U.S. Philips Corporation. (Noona, Stephen) |
| Filing 803 Declaration re #801 Memorandum in Support (of Wen-Ying Angela Chang) by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, TDF SAS, U.S. Philips Corporation. (Noona, Stephen) |
| Filing 802 Notice of Filing Sealing Motion LCvR5(C) by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, TDF SAS, U.S. Philips Corporation re #800 MOTION to Seal Certain Documents (Noona, Stephen) |
| Filing 801 Memorandum in Support re #800 MOTION to Seal Certain Documents filed by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, TDF SAS, U.S. Philips Corporation. (Noona, Stephen) |
| Filing 800 MOTION to Seal Certain Documents by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, TDF SAS, U.S. Philips Corporation. (Attachments: #1 Exhibit 1)(Noona, Stephen) |
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Filing 799
ORDER entered and filed 8/22/17 GRANTING Defendant Dell Inc.'s #749 Motion to File Certain Materials Under Seal, Plaintiffs' Response, as outlined. The Clerk is directed to seal certain portions of Dell's Reply in Support of its Supplemental Motion for Summary Judgment and the Declaration of Rachel Proctor May in Support of Dell Inc.'s Reply in Support of Its Supplemental Motion for Summary Judgment and exhibits. The sealed material shall remain sealed until forty-five (45) days after the final resolution of this matter and then, returned to counsel. (See Order for Specifics) (Signed by Magistrate Judge Robert J. Krask on 8/22/17). Copies provided 8/22/17. (ecav, )
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| Filing 798 Memorandum in Support re #795 MOTION to Seal filed by Dell, Inc.. (Molster, Charles) |
| Filing 797 SEALED Dell Inc.'s Reply in Support of its Motion to Strike Untimely Expert Reports #795 Motion to Seal #796 Notice of Filing Sealing Motion.(Molster, Charles) |
| Filing 796 Notice of Filing Sealing Motion LCvR5(C) by Dell, Inc. re #795 MOTION to Seal (Molster, Charles) |
| Filing 795 MOTION to Seal by Dell, Inc.. (Attachments: #1 Proposed Order)(Molster, Charles) |
| Filing 794 REPLY to Response to Motion re #683 MOTION to Strike Untimely Expert Reports (Redacted) filed by Dell, Inc.. (Molster, Charles) |
| Filing 793 REPLY to Response to Motion re #672 MOTION for Summary Judgment on Validity of the '396, '992 and '829 Patents (Plaintiffs Reply Memorandum In Further Support Of Their Motion For Summary Judgment On Validity Of The 396, 992 and 829 Patents) filed by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, TDF SAS, U.S. Philips Corporation. (Noona, Stephen) |
| Filing 792 Declaration re #791 Response in Support of Motion for Leave to File Certain Materials Under Seal (Declaration of Frederick Gaston Hall) by Dell, Inc.. (Molster, Charles) |
| Filing 791 RESPONSE in Support re #736 MOTION to Seal Certain Documents filed by Dell, Inc.. (Molster, Charles) |
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Filing 790
ORDER entered 8/18/17 and filed 8/21/17 GRANTING Plaintiffs Audio MPEG, Inc., U.S. Philips Corporation, TDF SAS, and Institut fur Rundfunktechnik GmbH ("Plaintiffs") #723 Motion for Leave to File Certain Documents Under Seal ("Motion to Seal") pursuant to Local Civil Rule 5, as outlined. It is ORDERED that the Clerk is directed to maintain under seal the Plaintiffs' Brief and accompanying exhibits. The sealed material shall remain sealed until forty-five (45) days after the final resolution of this matter and then, returned to counsel. (See Order for Specifics) (Signed by Magistrate Judge Robert J. Krask on 8/18/17). Copies provided 8/21/17. (ecav, )
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| MOTIONS REFERRED to Magistrate Judge: Robert J. Krask. #749 MOTION to Seal (ecav, ) |
| Filing 789 Declaration re #785 Notice of Filing Sealing Motion LCvR5(C), #784 MOTION to Seal by Dell, Inc.. (Molster, Charles) |
| Filing 788 Memorandum in Support re #784 MOTION to Seal filed by Dell, Inc.. (Molster, Charles) |
| Filing 787 SEALED Document re #783 Declaration, #784 Motion to Seal #785 Notice of Filing Sealing Motion LCvR5(C), #786 Sealed Memorandum in Support. (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)(Molster, Charles) |
| Filing 786 SEALED Memorandum in Support of #501 re MOTION to Exclude the Testimony of John Jarosz, #506 Sealed Memorandum in Support, #784 Motion to Seal #785 Notice of Filing Sealing Motion LCvR5(C).(Molster, Charles) |
| Filing 785 Notice of Filing Sealing Motion LCvR5(C) by Dell, Inc. re #784 MOTION to Seal (Molster, Charles) |
| Filing 784 MOTION to Seal by Dell, Inc.. (Attachments: #1 Proposed Order)(Molster, Charles) |
| Filing 783 Declaration re #782 Memorandum in Support of its Motion to Exclude the Testimony of John Jarosz by Dell, Inc.. (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)(Molster, Charles) |
| Filing 782 Memorandum in Support re #501 MOTION to Exclude the Testimony of John Jarosz filed by Dell, Inc.. (Molster, Charles) |
| Filing 781 Memorandum in Support re #777 MOTION to Seal filed by Dell, Inc.. (Molster, Charles) |
| Filing 780 SEALED Document re #776 Declaration re #777 Motion to Seal, #778 Notice of Filing Sealing Motion LCvR5(C), #779 SEALED Opposition. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Molster, Charles) |
| Filing 779 SEALED Dell Inc.'s Opposition to Plaintiffs' Supplemental Memorandum of Law in Opposition to Dell Inc.'s Motion in Limine No. 5 re #711 Sealed Response/Reply/Opposition, #777 Motion to Seal #778 Notice of Filing Sealing Motion LCvR5(C). (Molster, Charles) |
| Filing 778 Notice of Filing Sealing Motion LCvR5(C) by Dell, Inc. re #777 MOTION to Seal (Molster, Charles) |
| Filing 777 MOTION to Seal by Dell, Inc.. (Attachments: #1 Proposed Order)(Molster, Charles) |
| Filing 776 Declaration re #775 Memorandum of Law in Opposition to Plaintiffs' Supplemental Memorandum of Law in Opposition to Dell Inc.'s Motion in Limine No. 5 by Dell, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Molster, Charles) |
| Filing 775 Memorandum of Law in Opposition to #709 Memorandum in Opposition re #438 MOTION in Limine and Memorandum In Support of Omnibus Motion (REDACTED) (Supplemental Memorandum of Law in Opposition to Dell Inc.'s Motion in Limine No. 5), filed by Dell, Inc. (Molster, Charles) Modified on 8/21/2017 to correct the linkage of Doc. 775 as discussed with the filing user. Clerk will regenerate a NEF for Doc. 775 (ecav). |
| Filing 774 Declaration re #773 Response in Support of Motion (of Michael P. Devlin) by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, TDF SAS, U.S. Philips Corporation. (Noona, Stephen) |
| Filing 773 RESPONSE in Support re #749 MOTION to Seal filed by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, TDF SAS, U.S. Philips Corporation. (Attachments: #1 Exhibit 1)(Noona, Stephen) |
| MOTIONS REFERRED to Magistrate Judge: Robert J. Krask. #723 MOTION to Seal Certain Documents (ecav, ) |
| Filing 772 Declaration re #767 MOTION to Seal by Dell, Inc.. (Molster, Charles) |
| Filing 771 Memorandum in Support re #767 MOTION to Seal filed by Dell, Inc.. (Molster, Charles) |
| Filing 770 SEALED Document #766 Declaration re #767 Motion to Seal, #768 Notice of Filing Sealing Motion LCvR5(C), #769 SEALED Reply. (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)(Molster, Charles) |
| Filing 769 SEALED CORRECTED Reply - Dell Inc.'s Reply in Support of Supplemental Motion for Summary Judgment re #767 MOTION to Seal, #768 Notice of Filing Sealing Motion LCvR5(C), #729 Sealed Response/Reply/Opposition. (Molster, Charles) Modified on 8/18/2017 to update docket text to reflect that this filing is the "corrected" version filed, as granted in ECF Order #761 (ecav, ). |
| Filing 768 Notice of Filing Sealing Motion LCvR5(C) by Dell, Inc. re #767 MOTION to Seal (Molster, Charles) |
| Filing 767 MOTION to Seal by Dell, Inc.. (Attachments: #1 Proposed Order)(Molster, Charles) |
| Filing 766 Declaration re #765 Reply in Support of Dell Inc.'s Reply in Support of its Supplemental Motion for Summary Judgment by Dell, Inc.. (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)(Molster, Charles) |
| Filing 765 Reply (CORRECTED) (Public) to #727 Memorandum in Opposition to Dell Inc.'s Supplemental Motion for Summary Judgment filed by Dell, Inc. (Molster, Charles) Modified on 8/18/2017 to update docket text to reflect that this filing is the "corrected" "public" version filed, as granted in ECF Order #762 (ecav, ). |
| Filing 764 Declaration re #763 Memorandum in Support of Plaintiffs' Motion for Leave to File Certain Materials Under Seal by Dell, Inc.. (Molster, Charles) |
| Filing 763 Memorandum in Support re #723 MOTION to Seal Certain Documents filed by Dell, Inc.. (Molster, Charles) |
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Filing 762
ORDER entered and filed 8/17/17 GRANTING Dell Inc.'s #758 Motion for Leave to File Corrected (Public) Reply in Support of Its Supplemental Motion for Summary Judgment. It is ORDERED that Dell Inc. may file the Corrected (Public) Reply in Support of Its Supplemental Motion for Summary Judgment. (Signed by Magistrate Judge Robert J. Krask on 8/17/17). Copies provided 8/17/17. (ecav, )
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Filing 761
ORDER entered and filed 8/17/17 GRANTING Dell Inc.'s #756 Motion for Leave to File Corrected (Sealed) Reply in Support of Its Supplemental Motion for Summary Judgment. It is hereby ORDERED that Dell Inc. may file the Corrected (Sealed) Reply in Support of Its Supplemental Motion for Summary Judgment. (Signed by Magistrate Judge Robert J. Krask on 8/17/17). Copies provided 8/17/17. (ecav, )
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Filing 760
ORDER entered 8/16/17 and filed 8/17/17 GRANTING Dell, Inc.'s #717 Motion to File Certain Materials Under Seal Pursuant to LCvR5(C), as outlined. The Clerk is directed to seal certain portions of Dell's Objections to the Order dated July 25, 2017. The sealed material shall remain sealed until forty-five (45) days after the final resolution of this matter and then, returned to counsel. (See Order for Specifics) (Signed by Magistrate Judge Robert J. Krask on 8/16/17). Copies provided 8/17/17. (ecav, )
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| MOTIONS REFERRED to Magistrate Judge: Robert J. Krask. #758 MOTION for Leave to File Corrected (Public) Reply in Support of its Supplemental Motion for Summary Judgment, #756 MOTION for Leave to File Corrected (Public) Reply in Support of its Supplemental Motion for Summary Judgment (ecav, ) |
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Filing 759
ORDER entered and filed 8/16/17 GRANTING Dell, Inc.'s #748 Motion for Leave to File Extension of Page Limit for Supplemental Motion for Summary Judgment. It is therefore ORDERED that Dell Inc. will be permitted an additional 2 pages for its Reply in Support of its Supplemental Motion for Summary Judgment. (Signed by Magistrate Judge Robert J. Krask on 8/16/17). Copies provided 8/17/17. (ecav, )
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| Filing 758 MOTION for Leave to File Corrected (Public) Reply in Support of its Supplemental Motion for Summary Judgment by Dell, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Molster, Charles) |
| Filing 757 SEALED Corrected (SEALED) Reply in Support of Dell Inc.'s Supplemental Motion for Summary Judgment #749 Motion to Seal #750 Notice of Motion to Seal #751 Certificate of Service and Exhibits A and B #756 Dell Inc.'s Unopposed Motion and Memorandum in Support of Motion for Leave to File Corrected (SEALED) Reply in Support of Its Supplemental Motion for Summary Judgment.(Molster, Charles) |
| Filing 756 MOTION for Leave to File Corrected (Sealed) Reply in Support of its Supplemental Motion for Summary Judgment by Dell, Inc.. (Attachments: #1 Exhibit B)(Molster, Charles) Modified on 8/17/2017 at the request of the filing user to update docket text to change the word (Public) to the word (Sealed). NEF regenerated to update all parties as to this docket text update (ecav, ). |
| Filing 755 Declaration re #749 MOTION to Seal , #754 Memorandum in Support by Dell, Inc.. (Molster, Charles) |
| Filing 754 Memorandum in Support re #749 MOTION to Seal filed by Dell, Inc.. (Molster, Charles) |
| Filing 753 Continuation of Exhibit B to SEALED Dell Inc.'s Reply in Support of Its Supplemental Motion For Summary Judgment and Declaration re #748 MOTION for Leave to File Extension of Page Limit for Supplemental Motion for Summary Judgment #749 MOTION to Seal #751 Sealed Document #752 Sealed Document. (Molster, Charles) |
| Filing 752 Continuation of Exhibit B to SEALED Dell Inc.'s Reply in Support of Its Supplemental Motion For Summary Judgment and Declaration re #748 MOTION for Leave to File Extension of Page Limit for Supplemental Motion for Summary Judgment #749 MOTION to Seal #751 Sealed Document. (Molster, Charles) |
| Filing 751 SEALED Dell Inc.'s Reply in Support of Its Supplemental Motion For Summary Judgment and Declaration re #748 MOTION for Leave to File Extension of Page Limit for Supplemental Motion for Summary Judgment #749 MOTION to Seal. (Attachments: #1 Exhibit A, #2 Exhibit B)(Molster, Charles) |
| MOTIONS REFERRED to Magistrate Judge: Robert J. Krask. #748 MOTION for Leave to File Extension of Page Limit for Supplemental Motion for Summary Judgment, #717 MOTION to Seal (ecav, ) |
| Filing 750 Notice of Filing Sealing Motion LCvR5(C) by Dell, Inc. re #749 MOTION to Seal (Molster, Charles) |
| Filing 749 MOTION to Seal by Dell, Inc.. (Attachments: #1 Exhibit A)(Molster, Charles) |
| Filing 748 MOTION for Leave to File Extension of Page Limit for Supplemental Motion for Summary Judgment by Dell, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Molster, Charles) |
| Filing 747 Declaration re #746 Response in Support of Motion (of Alexandra H. Moss) by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, TDF SAS, U.S. Philips Corporation. (Noona, Stephen) |
| Filing 746 RESPONSE in Support re #717 MOTION to Seal filed by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, TDF SAS, U.S. Philips Corporation. (Attachments: #1 Exhibit 1)(Noona, Stephen) |
| Filing 745 Sealed Document re #743 Declaration, #736 MOTION to Seal Certain Documents. (Noona, Stephen) |
| Filing 744 Sealed Attachment/Exhibit(s) re #741 Declaration, #736 MOTION to Seal Certain Documents. (Attachments: #1 Exhibit 9)(Noona, Stephen) |
| Filing 743 Declaration re #740 Memorandum in Opposition (of Stephen Travis Pope--Public Version) by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, TDF SAS, U.S. Philips Corporation. (Attachments: #1 Appendix A)(Noona, Stephen) |
| Filing 742 Declaration re #740 Memorandum in Opposition (of Cory Plock, Ph.D) by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, TDF SAS, U.S. Philips Corporation. (Attachments: #1 Exhibit 1)(Noona, Stephen) |
| Filing 741 Declaration re #740 Memorandum in Opposition (of Wen-Ying Angela Chang) by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, TDF SAS, U.S. Philips Corporation. (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)(Noona, Stephen) |
| Filing 740 Memorandum in Opposition re #683 MOTION to Strike Untimely Expert Reports filed by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, TDF SAS, U.S. Philips Corporation. (Noona, Stephen) |
| Filing 739 Declaration re #737 Memorandum in Support (Wen-Ying Angela Chang) by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, TDF SAS, U.S. Philips Corporation. (Noona, Stephen) |
| Filing 738 Notice of Filing Sealing Motion LCvR5(C) by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, TDF SAS, U.S. Philips Corporation re #736 MOTION to Seal Certain Documents (Noona, Stephen) |
| Filing 737 Memorandum in Support re #736 MOTION to Seal Certain Documents filed by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, TDF SAS, U.S. Philips Corporation. (Noona, Stephen) |
| Filing 736 MOTION to Seal Certain Documents by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, TDF SAS, U.S. Philips Corporation. (Attachments: #1 Exhibit 1)(Noona, Stephen) |
| Filing 735 Declaration re #734 Memorandum in Opposition to Plaintiffs' Motion for Summary Judgment on Validity of the '396, '992, and '829 Patents by Dell, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Molster, Charles) |
| Filing 734 Memorandum in Opposition re #672 MOTION for Summary Judgment on Validity of the '396, '992 and '829 Patents filed by Dell, Inc.. (Molster, Charles) |
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Filing 733
ORDER entered and filed 8/14/17 GRANTING Plaintiffs Audio MPEG, Inc., U.S. Philips Corporation, TDF SAS, and Institut fur Rundfunktechnik GmbH (collectively, "Plaintiffs"), #705 Motion for Leave to File Certain Documents Under Seal ("Motion to Seal") pursuant to Local Civil Rule 5 to seal documents, as outlined, which was electronically filed under seal on August 4, 2017. The Clerk is directed to maintain under seal Portions of Plaintiffs' Supplemental Opposition to Dell's Motion in Limine No. 5 and Exhibits B-F to the Kringstein Declaration. The sealed material shall remain sealed until forty-five (45) days after the final resolution of this matter and then, returned to counsel. (See Order for Specifics) (Signed by Magistrate Judge Robert J. Krask on 8/14/17). Copies provided 8/14/17. (ecav, )
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Filing 732
ORDER entered and filed 8/14/17 GRANTING Dell's #678 Motion for Leave to File Certain Materials Under Seal Pursuant to LCvR5(C), filed July 31, 2017; GRANTING Dell's #686 Motion for Leave to File Certain Materials Under Seal Pursuant to LCvR5(C), filed July 31, 2017; and GRANTING Dell's #698 Motion for Leave to File Certain Materials Under Seal Pursuant to LCvR5(C)), filed August 1, 2017. (collectively, "Dell's Sealing Motions"), as outlined. IT IS ORDERED that the Clerk is directed to maintain under seal portions of Dell's Motions and Supporting Materials. The sealed material shall remain sealed until forty-five (45) days after the final resolution of this matter and then, returned to counsel. (See Order for Specifics) (Signed by Magistrate Judge Robert J. Krask on 8/14/17). Copies provided 8/14/17. (ecav, )
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| MOTIONS REFERRED to Magistrate Judge: Robert J. Krask. #698 MOTION to Seal (ecav, ) |
| MOTIONS REFERRED to Magistrate Judge: Robert J. Krask. #705 MOTION to Seal Certain Documents, #678 MOTION to Seal , #686 MOTION to Seal (ecav, ) |
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Filing 731
ORDER entered and filed 8/10/17 GRANTING Plaintiffs Audio MPEG, Inc., U.S. Philips Corporation, TDF SAS, and Institut fur Rundfunktechnik GmbH (collectively,"Plaintiffs") #666 Motion for Leave to File Certain Documents Under Seal ("Motion to Seal") pursuant to Local Civil Rule 5 to seal the following document, which was electronically filed under seal on July 28, 2017: Exhibits A-C to Plaintiffs' Motion for Leave to File Supplemental Memorandum on Dell's Motion for Summary Judgment and Memorandum in Support ("Exhibits A-C to Motion forLeave"). It is ORDERED that: The Clerk is directed to maintain under seal Exhibits A-C to Motion for Leave. The sealed material shall remain sealed until forty-five (45) days after the final resolution of this matter and then, returned to counsel. (See Order for Specifics) (Signed by Magistrate Judge Robert J. Krask on 8/10/17). Copies provided 8/11/17. (ecav, )
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| Filing 730 Sealed Attachment/Exhibit(s) re #728 Declaration,, #723 MOTION to Seal Certain Documents. (Attachments: #1 Exhibit B, #2 Exhibit C, #3 Exhibit D, #4 Exhibit E, #5 Exhibit F, #6 Exhibit G, #7 Exhibit H, #8 Exhibit I, #9 Exhibit J, #10 Exhibit K, #11 Exhibit L, #12 Exhibit M, #13 Exhibit N, #14 Exhibit O, #15 Exhibit P)(Noona, Stephen) |
| Filing 729 Sealed Response/Reply/Opposition re #727 Memorandum in Opposition, #723 MOTION to Seal Certain Documents. (Noona, Stephen) |
| Filing 728 Declaration re #727 Memorandum in Opposition (of Michael P. Devlin) by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, TDF SAS, U.S. Philips Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B (Public Version), #3 Exhibit C (Public Version), #4 Exhibit D (Public Version), #5 Exhibit E (Public Version), #6 Exhibit F (Public Version), #7 Exhibit G (Public Version), #8 Exhibit H (Public Version), #9 Exhibit I (Public Version), #10 Exhibit J (Public Version), #11 Exhibit K (Public Version), #12 Exhibit L (Public Version), #13 Exhibit M (Public Version), #14 Exhibit N (Public Version), #15 Exhibit O (Public Version), #16 Exhibit P (Public Version))(Noona, Stephen) |
| Filing 727 Memorandum in Opposition re #695 Supplemental MOTION for Summary Judgment (Public Version) filed by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, TDF SAS, U.S. Philips Corporation. (Noona, Stephen) |
| Filing 726 Declaration re #724 Memorandum in Support (of Michael P. Devlin) by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, TDF SAS, U.S. Philips Corporation. (Noona, Stephen) |
| Filing 725 Notice of Filing Sealing Motion LCvR5(C) by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, TDF SAS, U.S. Philips Corporation re #723 MOTION to Seal Certain Documents (Noona, Stephen) |
| Filing 724 Memorandum in Support re #723 MOTION to Seal Certain Documents filed by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, TDF SAS, U.S. Philips Corporation. (Noona, Stephen) |
| Filing 723 MOTION to Seal Certain Documents by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, TDF SAS, U.S. Philips Corporation. (Attachments: #1 Exhibit 1)(Noona, Stephen) |
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Filing 722
OPINION AND ORDER entered and filed 8/9/17 on the matter of Defendant Dell's #417 Motion for Summary Judgment, on the claims alleged by Audio MPEG, Inc. ("Audio MPEG"), U.S. Philips Corporation ("Philips"), TDF SAS ("TDF"), and Institute fur Rundfunktechnik GmbH ("IRT") (collectively, "Plaintiffs"). Having determined that material facts are genuinely disputed by the parties, the Court DENIES Dell's motion for summary judgment, as outlined. (See Order and Foot Notes for specifics) (Signed by District Judge Mark S. Davis on 8/9/17). Copies provided as directed 8/10/17. (ecav, )
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| Filing 721 Memorandum in Support re #717 MOTION to Seal filed by Dell, Inc.. (Molster, Charles) |
| Filing 720 SEALED Exhibits to the Declaration of Benjamin J. Gottesman in Support of Dell Inc.'s Objections to #657 Magistrate Judge Krask's Order Dated July 25, 2017, re #717 MOTION to Seal. (Filed Under Seal) (Attachments: #1 Exhibit 1, #2 Exhibit 4, #3 Exhibit 5)(Molster, Charles) |
| Filing 719 SEALED Dell Inc.'s Objections to #657 Magistrate Judge Krask's Order Dated July 25, 2017 re #717 MOTION to Seal. (Filed Under Seal). (Molster, Charles) |
| Filing 718 Notice of Filing Sealing Motion LCvR5(C) by Dell, Inc. re #717 MOTION to Seal (Molster, Charles) |
| Filing 717 MOTION to Seal by Dell, Inc.. (Attachments: #1 Proposed Order)(Molster, Charles) |
| Filing 716 Declaration re #715 Objection to #657 Order on Motion in Limine by Dell, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Molster, Charles) |
| Filing 715 Objection to #657 Order on Motion in Limine,,, filed by Dell, Inc.. (Molster, Charles) |
| Filing 714 Declaration re #713 Response in Support of Motion, (of Alexandra H. Moss) by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, TDF SAS, U.S. Philips Corporation. (Noona, Stephen) |
| Filing 713 RESPONSE in Support re #698 MOTION to Seal , #678 MOTION to Seal , #686 MOTION to Seal (Plaintiffs' Omnibus Memorandum In Support Of Their Responses To Dell Inc.'s Motions For Leave To File Certain Materials Under Seal Pursuant To LCVR 5(C) (Dkts. 678, 686, 698)) filed by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, TDF SAS, U.S. Philips Corporation. (Attachments: #1 Exhibit 1)(Noona, Stephen) |
| MOTIONS REFERRED to Magistrate Judge: Robert J. Krask. #666 MOTION to Seal Certain Documents (ecav, ) |
| Filing 712 Sealed Attachment/Exhibit(s) re #705 MOTION to Seal Certain Documents, #710 Declaration,. (Attachments: #1 Exhibit B, #2 Exhibit C, #3 Exhibit D, #4 Exhibit E, #5 Exhibit F)(Noona, Stephen) |
| Filing 711 Sealed Response/Reply/Opposition re #705 MOTION to Seal Certain Documents, #709 Memorandum in Opposition,. (Noona, Stephen) |
| Filing 710 Declaration re #709 Memorandum in Opposition, (of Jamie L. Kringstein) by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, TDF SAS, U.S. Philips Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Noona, Stephen) |
| Filing 709 Memorandum in Opposition re #438 MOTION in Limine and Memorandum In Support of Omnibus Motion (REDACTED) (Supplemental Memorandum of Law in Opposition to Dell Inc.'s Motion in Limine No. 5) (Public Version) filed by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, TDF SAS, U.S. Philips Corporation. (Noona, Stephen) |
| Filing 708 Declaration re #706 Memorandum in Support (of Jamie L. Kringstein) by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, TDF SAS, U.S. Philips Corporation. (Noona, Stephen) |
| Filing 707 Notice of Filing Sealing Motion LCvR5(C) by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, TDF SAS, U.S. Philips Corporation re #705 MOTION to Seal Certain Documents (Noona, Stephen) |
| Filing 706 Memorandum in Support re #705 MOTION to Seal Certain Documents filed by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, TDF SAS, U.S. Philips Corporation. (Noona, Stephen) |
| Filing 705 MOTION to Seal Certain Documents by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, TDF SAS, U.S. Philips Corporation. (Attachments: #1 Exhibit 1)(Noona, Stephen) |
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Filing 704
ORDER granting #660 Motion to Seal and the Clerk is directed to seal certainportions of Dell's Response to Plaintiffs' Objections to the Magistrate Judge's Order dated June 30, 2017. The sealed material shall remain sealed until forty-five (45) days after the final resolution of this matter and then, returned to counsel.Signed by Magistrate Judge Robert J. Krask on 8/4/17. (afar)
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| Filing 703 Declaration re #702 Memorandum in Support of Frederick Gaston Hall by Dell, Inc.. (Molster, Charles) |
| Filing 702 Memorandum in Support re #698 MOTION to Seal filed by Dell, Inc.. (Molster, Charles) |
| Filing 701 SEALED Exhibits to the Declaration of Frederick Gaston Hall in Support of Dell Inc.'s Supplemental Motion for Summary Judgment re #697 Declaration, #698 MOTION to Seal, #699 Notice of Filing Sealing Motion LCvR5(C). (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Molster, Charles) |
| Filing 700 SEALED Dell Inc.'s Memorandum in Support of Its Supplemental Motion for Summary Judgment re #695 Supplemental MOTION for Summary Judgment, #696 Memorandum in Support, #698 MOTION to Seal, #699 Notice of Filing Sealing Motion LCvR5(C). (Molster, Charles) |
| Filing 699 Notice of Filing Sealing Motion LCvR5(C) by Dell, Inc. re #698 MOTION to Seal , #697 Declaration, #696 Memorandum in Support (Molster, Charles) |
| Filing 698 MOTION to Seal by Dell, Inc.. (Attachments: #1 Proposed Order Exhibit A)(Molster, Charles) |
| Filing 697 Declaration re #696 Memorandum in Support of Frederick Gaston Hall (Redacted) by Dell, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Molster, Charles) |
| Filing 696 Memorandum in Support re #695 Supplemental MOTION for Summary Judgment (Redacted) filed by Dell, Inc.. (Molster, Charles) |
| Filing 695 Supplemental MOTION for Summary Judgment by Dell, Inc.. (Attachments: #1 Proposed Order Exhibit A)(Molster, Charles) |
| Filing 694 Sealed Attachment/Exhibit(s) re #666 MOTION to Seal Certain Documents, #693 Declaration,. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Noona, Stephen) |
| Filing 693 Declaration re #692 Response, (of Wen-Ying Angela Chang) by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, TDF SAS, U.S. Philips Corporation. (Attachments: #1 Exhibit A (Public Version), #2 Exhibit B (Public Version), #3 Exhibit C (Public Version), #4 Exhibit D)(Noona, Stephen) |
| Filing 692 Response to #417 MOTION for Summary Judgment (Supplemental Memorandum on Dell's Motion for Summary Judgment) filed by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, TDF SAS, U.S. Philips Corporation. (Noona, Stephen) |
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Filing 691
ORDER granting [ #676 Motion for Leave to File a supplemental motion for summary judgment. The Plaintiffs are hereby instructed to electronically file a responsive brief no later than Thursday, August 10, 2017. Dell shall file a reply brief, if so inclined, no later than Tuesday, August 15, 2017. Due to the newly obtained and relevant information, the Court GRANTS Plaintiffs' motion to file a supplemental memorandum. ECF No. 670. Signed by District Judge Mark S. Davis on 8/1/17. (afar)
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| Filing 690 Memorandum in Support re #686 MOTION to Seal filed by Dell, Inc.. (Molster, Charles) |
| Filing 689 Sealed Attachment/Exhibit(s) re #685 Declaration of Frederick Gaston Hall, #686 MOTION to Seal, #687 Notice of Filing Sealing Motion LCvR5(C). (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit N)(Molster, Charles) |
| Filing 688 Sealed Memorandum in Support re #683 MOTION to Strike Untimely Expert Reports, #684 Memorandum in Support, #686 MOTION to Seal, #687 Notice of Filing Sealing Motion LCvR5(C). (Molster, Charles) |
| Filing 687 Notice of Filing Sealing Motion LCvR5(C) by Dell, Inc. re #684 Memorandum in Support, #685 Declaration, #686 MOTION to Seal (Molster, Charles) |
| Filing 686 MOTION to Seal by Dell, Inc.. (Attachments: #1 Exhibit A - Proposed Order)(Molster, Charles) |
| Filing 685 Declaration re #684 Memorandum in Support Declaration of Frederick Gaston Hall in Support of Dell Inc.'s Motion to Strike Untimely Expert Reports by Dell, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O)(Molster, Charles) |
| Filing 684 Memorandum in Support re #683 MOTION to Strike Untimely Expert Reports (Redacted) filed by Dell, Inc.. (Molster, Charles) |
| Filing 683 MOTION to Strike Untimely Expert Reports by Dell, Inc.. (Attachments: #1 Exhibit A - Proposed Order)(Molster, Charles) |
| Filing 682 Declaration re #681 Memorandum in Support Declaration of Frederick Gaston Hall in Support of Dell Inc.'s Motion to File Certain Materials Under Seal by Dell, Inc.. (Molster, Charles) |
| Filing 681 Memorandum in Support re #678 MOTION to Seal filed by Dell, Inc.. (Molster, Charles) |
| Filing 680 Sealed Memorandum in Support re #676 MOTION for Leave to File Supplemental Motion for Summary Judgment, #677 Memorandum in Support, #678 MOTION to Seal, #679 Notice of Filing Sealing Motion LCvR5(C). (Attachments: #1 Exhibit B - Dell Inc.'s Memorandum in Support of Its Supplemental Motion for Summary Judgment, #2 Exhibit C - Declaration of Frederick Gaston Hall in Support of Dell Inc.'s Supplemental Motion for Summary Judgment)(Molster, Charles) |
| Filing 679 Notice of Filing Sealing Motion LCvR5(C) by Dell, Inc. re #677 Memorandum in Support,, #678 MOTION to Seal (Molster, Charles) |
| Filing 678 MOTION to Seal by Dell, Inc.. (Attachments: #1 Exhibit A - Proposed Order)(Molster, Charles) |
| Filing 677 Memorandum in Support re #676 MOTION for Leave to File Supplemental Motion for Summary Judgment (Redacted) filed by Dell, Inc.. (Attachments: #1 Exhibit A - Dell Inc.'s Supplemental Motion for Summary Judgment, #2 Exhibit B - Dell Inc.'s Memorandum in Support of its Supplemental Motion for Summary Judgment (Redacted), #3 Exhibit Declaration of Frederick Gaston Hall in Support of Dell Inc.'s Supplemental Motion for Summary Judgment (Redacted), #4 Exhibit D - Proposed Order)(Molster, Charles) |
| Filing 676 MOTION for Leave to File Supplemental Motion for Summary Judgment by Dell, Inc.. (Attachments: #1 Exhibit A - Proposed Order)(Molster, Charles) |
| Filing 675 NOTICE by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, TDF SAS, U.S. Philips Corporation re #674 Declaration, (Attachments: #1 Exhibit J, #2 Exhibit K, #3 Exhibit L, #4 Exhibit M, #5 Exhibit N, #6 Exhibit O (Part 1), #7 Exhibit O (Part 2), #8 Exhibit P)(Noona, Stephen) |
| Filing 674 Declaration re #673 Memorandum in Support, (of Wen-Ying Angela Chang) by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, TDF SAS, U.S. Philips Corporation. (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 (Part 1), #9 Exhibit H (Part 2), #10 Exhibit H (Part 3), #11 Exhibit I)(Noona, Stephen) |
| Filing 673 Memorandum in Support re #672 MOTION for Summary Judgment on Validity of the '396, '992 and '829 Patents filed by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, TDF SAS, U.S. Philips Corporation. (Noona, Stephen) |
| Filing 672 MOTION for Summary Judgment on Validity of the '396, '992 and '829 Patents by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, TDF SAS, U.S. Philips Corporation. (Noona, Stephen) |
| Filing 671 Sealed Attachment/Exhibit(s) re #670 MOTION for Leave to File Supplemental Memorandum on Dells Motion For Summary Judgment and Memorandum In Support, #666 MOTION to Seal Certain Documents. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Noona, Stephen) |
| Filing 670 MOTION for Leave to File Supplemental Memorandum on Dells Motion For Summary Judgment and Memorandum In Support by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, TDF SAS, U.S. Philips Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit A (Public Version), #5 Exhibit B (Public Version), #6 Exhibit C (Public Version), #7 Exhibit D)(Noona, Stephen) |
| Filing 669 Declaration re #667 Memorandum in Support (of Wen-Ying Angela Chang) by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, TDF SAS, U.S. Philips Corporation. (Noona, Stephen) |
| Filing 668 Notice of Filing Sealing Motion LCvR5(C) by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, TDF SAS, U.S. Philips Corporation re #666 MOTION to Seal Certain Documents (Noona, Stephen) |
| Filing 667 Memorandum in Support re #666 MOTION to Seal Certain Documents filed by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, TDF SAS, U.S. Philips Corporation. (Noona, Stephen) |
| Filing 666 MOTION to Seal Certain Documents by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, TDF SAS, U.S. Philips Corporation. (Attachments: #1 Exhibit 1)(Noona, Stephen) |
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Filing 665
ORDER denying #595 Dell's Motion for Reconsideration. The Court DENIES Dell's request that the Court "give the jury no construction for the term," Def.'s Mot. for Recons. 2. Signed by District Judge Mark S. Davis on 7/28/17. (afar)
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Filing 664
ORDER granting #651 Motion Defer Briefing on Plaintiffs' Objections to the Magistrate Judge's Order Dated 6/30/17. Plaintiffs must file revised objections to the Magistrate Judge's order dated June 30,2017 ten days after entry of Judge Krask's decision on Dell's pending motion (Dkt. 501); and 2. Briefing on Plaintiffs' Objections will proceed on the ordinary schedule set forth in Local Civil Rule 7 (Dell's opposition due 14 days after service of Plaintiffs' objections, and Plaintiffs' reply due 6 days after service of Dell's opposition). Signed by District Judge Mark S. Davis on 7/28/17. (afar, )
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| Filing 663 Memorandum in Support re #660 MOTION to Seal filed by Dell, Inc.. (Molster, Charles) |
| Filing 662 Sealed Response Dell Inc.'s Response to Plaintiffs' Objections to the Magistrate Judge's Order Dated June 30, 2017 re #650 Sealed Document. (Molster, Charles) |
| Filing 661 Notice of Filing Sealing Motion LCvR5(C) by Dell, Inc. re #660 MOTION to Seal (Molster, Charles) |
| Filing 660 MOTION to Seal by Dell, Inc.. (Attachments: #1 Proposed Order)(Molster, Charles) |
| Filing 659 Response to #649 Objection to the Magistrate Judge's Order Dated June 30, 2017 filed by Dell, Inc.. (Molster, Charles) |
| Filing 658 REPLY to Response to Motion re #651 MOTION re #649 Objection (Plaintiffs' Motion to Defer Briefing on Plaintiffs' Objections to the Magistrate Judge's Order Dated June 30, 2017) filed by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, TDF SAS, U.S. Philips Corporation. (Noona, Stephen) |
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Filing 657
ORDER granting in part and denying in part #433 Motion in Limine for the reasons detailed at the hearing. Dell's omnibus Motion in Limine #438 contains three motions. The Court is taking the first motion, seeking to preclude plaintiffs from offering argument, evidence, or testimony referencingplaintiffs' purported large number of licenses, under advisement. SEE Order for details. Plaintiff's Motion In Limine #443 - Plaintiffs have moved to exclude Dr. Schonfeld's opinions comparing the value of numerous patents to the patents-in-suit by assigning each patent a letter grade. The Court willissue an opinion and order on this portion of plaintiffs' motion. Signed by Magistrate Judge Robert J. Krask on 7/25/17. (afar)
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| Filing 656 TRANSCRIPT of Motion Hearing proceedings held on 7/24/17, before Judge Robert J. Krask, Court Reporter/Transcriber Paul McManus, Telephone number 757-222-7077. NOTICE RE REDACTION OF TRANSCRIPTS:The parties have thirty(30) calendar 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.vaed.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 8/24/2017. Redacted Transcript Deadline set for 9/25/2017. Release of Transcript Restriction set for 10/23/2017.(mcmanus, paul) |
| Filing 655 Minute Entry for Motion Hearing held on 7/24/2017 before Magistrate Judge Robert J. Krask. The matter came before the Court on Plaintiffs Motion in Limine (ECF 433), Defendants Motion in Limine (438) and Plaintiffs Motion in Limine (443). Stephen Noona, Matthew Porpora, and Marc DeLeeuw appeared on behalf of Plaintiffs. Charles Molster, Derek Ho, Christopher Todd and John Thorne appeared on behalf of Defendants. The Court notes that as a result of the stipulation filed (ECF 644), Dell's Motion in Limine #3 is DENIED AS MOOT. Due to the bifurcation of the case, Dell's Motion #2 (ECF 433), and that portion of Plaintiffs' motion concerning Dr. Schonfeld's opinions regarding "anti-competitive practices" will need to be re-filed following the patent trial. Argument of counsel heard as to Plaintiffs' Motion in Limine (433). Comments and questions of the Court. The Court takes a brief recess. (3:18-3:29) The Court rules from the bench. The Court GRANTS IN PART and DENIES IN PART Motion 1 (ECF 433) as outlined on the record. Motions 3, 4 and 5 are GRANTED. Argument of counsel heard as to Defendant's Motion in Limine (438) Motion 1. The Court will require additional briefing as outlined on the record. The matter is taken under advisement. Plaintiff is to file on or before 8/4/17; defendant's response due on or before 8/18/17; reply brief due on or before 8/25/17. The matter will be taken up on 9/8/17. Questions of the Court as to Dell's Motion 2 (ECF 438). Motion 2 is GRANTED. Argument heard as to Motion 443. The Court will take the matter under advisement. Court adjourned.(Court Reporter Paul McManus, OCR.)(lwoo) |
| Filing 654 Opposition to #651 MOTION re #649 Objection (Plaintiffs' Motion to Defer Briefing on Plaintiffs' Objections to the Magistrate Judge's Order Dated June 30, 2017) filed by Dell, Inc.. (Molster, Charles) |
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Filing 653
ORDER granting #646 Motion to Seal. The Clerk is directed to maintain under seal the Plaintiffs' Objections. The sealed material shall remain sealed until forty-five (45) days after the final resolution of this matter and then, returned to counsel. Signed by Magistrate Judge Robert J. Krask on 7/21/17. (afar)
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| MOTION REFERRED to Magistrate Judge Robert J. Krask re: #646 MOTION to Seal Certain Documents (ldab, ) |
| Filing 652 Memorandum in Support re #651 MOTION re #649 Objection (Plaintiffs' Motion to Defer Briefing on Plaintiffs' Objections to the Magistrate Judge's Order Dated June 30, 2017) filed by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, TDF SAS, U.S. Philips Corporation. (Noona, Stephen) |
| Filing 651 MOTION re #649 Objection (Plaintiffs' Motion to Defer Briefing on Plaintiffs' Objections to the Magistrate Judge's Order Dated June 30, 2017) by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, TDF SAS, U.S. Philips Corporation. (Attachments: #1 Exhibit 1)(Noona, Stephen) |
| Filing 650 Sealed Document re #646 MOTION to Seal Certain Documents, #649 Objection. (Noona, Stephen) |
| Filing 649 Objection to #640 Order on Motion to Exclude,,,,,,,,,, (Public Version) filed by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, TDF SAS, U.S. Philips Corporation. (Noona, Stephen) |
| Filing 648 Notice of Filing Sealing Motion LCvR5(C) by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, TDF SAS, U.S. Philips Corporation re #646 MOTION to Seal Certain Documents (Noona, Stephen) |
| Filing 647 Memorandum in Support re #646 MOTION to Seal Certain Documents filed by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, TDF SAS, U.S. Philips Corporation. (Noona, Stephen) |
| Filing 646 MOTION to Seal Certain Documents by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, TDF SAS, U.S. Philips Corporation. (Attachments: #1 Exhibit 1)(Noona, Stephen) |
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Filing 645
ORDER, AGREED, entered and filed 7/11/17 GRANTING Plaintiffs' #643 Motion for Extension of Time to Take Supplemental Deposition, as outlined. (See Order for Specifics) (Signed by Magistrate Judge Robert J. Krask on 7/11/17). Copies provided 7/11/17. (ecav, )
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| Filing 644 STIPULATION re #443 MOTION in Limine (Plaintiffs' Motion in Limine to Exclude Dan Schonfeld's Opinions and Testimony About Numerous Unasserted Patents and Anti-Competitive Practices), #433 MOTION in Limine (Plaintiffs' Omnibus Motion in Limine), #438 MOTION in Limine and Memorandum In Support of Omnibus Motion (REDACTED) by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, TDF SAS, U.S. Philips Corporation. (Noona, Stephen) |
| Filing 643 Consent MOTION for Extension of Time to Take the Supplemental Deposition (and Memorandum in Support of Motion) by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, TDF SAS, U.S. Philips Corporation. (Attachments: #1 Exhibit 1)(Noona, Stephen) |
| MOTIONS REFERRED to Magistrate Judge: Robert J. Krask. #643 Consent MOTION for Extension of Time to Take the Supplemental Deposition (and Memorandum in Support of Motion) (ecav, ) |
| Filing 642 TRANSCRIPT of proceedings (teleconference) held on 06/29/2017, before Judge Robert J. Krask, Court Reporter/Transcriber Heidi Jeffreys, Telephone number 757-222-7075. NOTICE RE REDACTION OF TRANSCRIPTS:The parties have thirty(30) calendar 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.vaed.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 8/9/2017. Redacted Transcript Deadline set for 9/11/2017. Release of Transcript Restriction set for 10/10/2017.(jeffreys, heidi) |
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Filing 641
ORDER pursuant to order entered on 5/31/17, Jury Trial set for 12/5/2017 at 10:00 AM in Norfolk Courtroom 5 before District Judge Mark S. Davis; Final Pretrial Conference set for 11/7/2017 at 09:30 AM in Norfolk (see order for specifics). Signed by District Judge Mark S. Davis and filed on 7/7/17. (vwar)
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Filing 640
ORDER, entered and filed 6/30/17: On June 29, 2017, the Court held a telephone conference. Garrard R. Beeney, Esq., and Stephen E. Noona, Esq., represented plaintiffs Audio MPEG, Inc., U.S. Philips Corporation, Orange SA, TDF SAS, and Institut fur Rundfunktechnik GMBH ("plaintiffs"). John Thorne, Esq., and Derek T. Ho, Esq., represented defendant Dell. The official court reporter was Heidi Jeffries. For the reasons stated on the record, plaintiffs' #551 Motion to preclude Dell from using the information contained in the sales spreadsheets produced on March 17, 2017 and to preclude Dell from contesting the number of accused devices sold, is DENIED. Dell is ORDERED to produce by July 7, 2017, a revised spreadsheet and data showing the number of accused Dell devices containing Corel, Cyberlink, Nero, and Roxio software that Dell sold from December 21, 2009 through July 23, 2013. Dell is further DIRECTED to produce such data in a manner that allows plaintiffs to compare and assess the data contained in the original spreadsheets produced on July 14, 2016 with the data contained in the spreadsheets produced on March 17, 2017. Plaintiffs may take a supplemental deposition pursuant to Federal Rule of Civil Procedure 30(b)(6), by July 17,2017, as outlined. Mr. Jarosz may file an amended expert report by July 31,2017, and Dell's expert may file an amended rebuttal report by August 7, 2017, as outlined. Dell is ORDERED to file a supplemental brief addressing the motion to exclude thetestimony of John Jarosz, ECF No. 501, by August 14,2017, and plaintiffs are ORDERED to file a supplemental response by August 21, 2017. If the Court decides to hold a hearing on this motion, the hearing will be held at 10:00 a.m. on September 8,2017. Counsel indicated they would meet and confer to determine whether any of the remaining pending motions (ECF Nos. 433, 438, 443) could be deferred as a result of the May 31,2017 order granting the motion for a separate trial of Dell's counterclaims I-X and patent misuse defense from the trial of plaintiffs' patent infringement claims. Counsel were DIRECTED to forward to chambers the results of the meet and confer by July 11,2017. A hearing will be held at 2:00 p.m. on July 24,2017 to address the remaining motions. (See Order for Specifics) (Signed by Magistrate Judge Robert J. Krask on 6/30/17). Copies provided as directed 6/30/17. (ecav, )
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| Daubert Hearing set for 9/8/2017 at 10:00 AM in Norfolk Mag Courtroom 1w/OCR before Magistrate Judge Robert J. Krask. (lwoo) |
| Motion Hearing as to #433 MOTION in Limine, #438 MOTION in Limine, #443 MOTION in Limine set for 7/24/2017 at 02:00 PM in Norfolk Mag Courtroom 1 w/OCR before Magistrate Judge Robert J. Krask. (lwoo) |
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Filing 639
ORDER, AGREED, entered 6/27/17 and filed 6/28/17 GRANTING Plaintiffs' #636 Motion for Withdrawal. Andrew H. Ward of the law firm of Sullivan & Cromwell LLP is granted leave to withdraw as counsel for Plaintiffs and the Clerk is directed to remove Andrew H. Ward as counsel of record for Plaintiffs and from the Court's Electronic Notification System. Attorney Andrew Heller Ward terminated. (Signed by District Judge Mark S. Davis on 6/27/17). Copies provided 6/28/17. (ecav, )
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Filing 638
AMENDED ORDER entered and filed 6/22/17 as to Plaintiffs Audio MPEG, Inc., U.S. Philips Corporation, TDF SAS, and Institut fur Rundfunktechnik GmbH ("Plaintiffs") #631 MOTION to Seal and Redact Portions of Transcript of the April 24, 2017 Telephonic Status Conference Under Seal "Motion to Seal Portions of Transcript of Telephonic Status Conference") pursuant to Local Civil Rule 5, as outlined. The Court Reporter and Clerk are directed to file the Redacted Transcript attached as Exhibit 2 to the Plaintiffs' Motion to Seal Portions of Transcript of Telephonic StatusConference. (Signed by Magistrate Judge Robert J. Krask on 6/22/17). (See Order for Specifics) Copies provided 6/23/17. (ecav, )
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Filing 637
ORDER, entered 6/20/17 and filed 6/21/17 GRANTING Plaintiffs Audio MPEG, Inc., U.S. Philips Corporation, TDF SAS, and Institut fur Rundfunktechnik GmbH ("Plaintiffs") #631 Motion to Seal and Redact Portions of Transcript of Telephonic Status Conference, as modified and outlined. IT IS ORDERED that the Court Reporter and Clerk are directed to file the Redacted Transcript attached as Exhibit 2 to the Plaintiffs' Motion to Seal Portions of Transcript of Telephonic Status Conference. The sealed material shall remain sealed until forty-five (45) days after the final resolution of this matter and then, returned to counsel, or destroyed. (Signed by Magistrate Judge Robert J. Krask on 6/20/17). (See Order for Specifics) Copies provided 6/21/17. (ecav, )
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| MOTIONS REFERRED to Magistrate Judge: Robert J. Krask. #631 MOTION to Seal and Redact Portions of Transcript of Telephonic Status Conference (ecav, ) |
| Filing 636 Consent MOTION to Withdraw as Attorney (and Memorandum in Support) by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, TDF SAS, U.S. Philips Corporation. (Attachments: #1 Exhibit 1)(Noona, Stephen) |
| Telephone Conference set for 6/29/2017 at 11:00 AM in Norfolk Judges Chamber w/OCR before Magistrate Judge Robert J. Krask. (lwoo) |
| Filing 635 Sealed Document re #631 MOTION to Seal and Redact Portions of Transcript of Telephonic Status Conference. (Noona, Stephen) |
| Filing 634 Notice of Filing Sealing Motion LCvR5(C) by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, TDF SAS, U.S. Philips Corporation re #631 MOTION to Seal and Redact Portions of Transcript of Telephonic Status Conference (Noona, Stephen) |
| Filing 633 Declaration re #632 Memorandum in Support (of Andrew H. Ward) by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, TDF SAS, U.S. Philips Corporation. (Noona, Stephen) |
| Filing 632 Memorandum in Support re #631 MOTION to Seal and Redact Portions of Transcript of Telephonic Status Conference filed by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, TDF SAS, U.S. Philips Corporation. (Noona, Stephen) |
| Filing 631 MOTION to Seal and Redact Portions of Transcript of Telephonic Status Conference by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, TDF SAS, U.S. Philips Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Noona, Stephen) |
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Filing 630
ORDER entered and filed 6/9/17 GRANTING Plaintiffs Audio MPEG, Inc., U.S. Philips Corporation, TDF SAS, and Institut fur Rundfunktechnik GmbH ("Plaintiffs") #620 Motion to Seal, filed June 1, 2017, pursuant to Local Civil Rule 5 to seal portions of Plaintiffs' Reply to Dell Inc.'s Response to Plaintiffs' Notice of Supplemental Authority ("Plaintiffs' Brief"), as outlined. It is ORDERED that the Clerk is directed to maintain under seal the Plaintiffs' Brief. The sealed material shall remain sealed until forty-five days (45) after the final resolution of this matter and then, returned to counsel. (See Order for Specifics) (Signed by Magistrate Judge Robert J. Krask on 6/9/17). Copies provided 6/9/17. (ecav, )
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| MOTIONS REFERRED to Magistrate Judge: Robert J. Krask. #620 MOTION to Seal (Plaintiffs' Motion for Leave to File Certain Documents Under Seal) (ecav, ) |
| Filing 629 Dell Inc.'s Response filed, as directed in Gavel Order 628, to Plaintiffs Audio MPEG, U.S. Philips Corp., TDF SAS, and Institut fur Rundfunktechnik GmbH ("Plaintiffs") #626 Reply as to Dell Inc.'s #618 Response to Plaintiffs' #617 Notice of Supplemental Authority, filed by Dell, Inc. (ecav, ) |
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Filing 628
ORDER granting (627) Dell's Motion for Leave to File a Reply in case 2:15-cv-00073-MSD-RJK. Signed by District Judge Mark S. Davis on 06/06/2017. Associated Cases: 2:15-cv-00073-MSD-RJK, 2:16-cv-00082-MSD-RJK(Davis, Mark)
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| Filing 627 MOTION for Leave to File Reply Regarding Plaintiffs' Notice of Supplemental Authority by Dell, Inc.. (Attachments: #1 Exhibit 1)(Molster, Charles) |
| Filing 626 Plaintiffs Audio MPEG, U.S. Philips Corp., TDF SAS, and Institut fur Rundfunktechnik GmbH ("Plaintiffs") Reply filed, as directed in Gavel Order 625, to Dell Inc.'s #618 Response to Plaintiffs' #617 Notice of Supplemental Authority. (ecav, ) (Additional attachment(s) added on 6/5/2017: #1 Exhibit A Part 1, #2 Exhibit A Part 2) (ecav, ). |
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Filing 625
ORDER granting (623) Motion for Leave to File Plaintiffs' Reply to Dell's Response to Plaintiffs' Notice of Supplemental Authority in case 2:15-cv-00073-MSD-RJK. Therefore, the Clerk is DIRECTED to file Exhibit 1 to ECF No. 623. Signed by District Judge Mark S. Davis on 06/02/2017. Associated Cases: 2:15-cv-00073-MSD-RJK, 2:16-cv-00082-MSD-RJK(Davis, Mark)
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| Set/Reset Hearings: Jury Trial set for 12/5/2017 at 10:00 AM in Norfolk Courtroom 5 before District Judge Mark S. Davis. (ecav, ) |
| Filing 624 Sealed Response/Reply/Opposition re #623 MOTION for Leave to File (Plaintiffs' Motion and Memorandum in Support of Motion for Leave to File Reply), #620 MOTION to Seal (Plaintiffs' Motion for Leave to File Certain Documents Under Seal). (Noona, Stephen) |
| Filing 623 MOTION for Leave to File (Plaintiffs' Motion and Memorandum in Support of Motion for Leave to File Reply) by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, TDF SAS, U.S. Philips Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit A)(Noona, Stephen) |
| Filing 622 Notice of Filing Sealing Motion LCvR5(C) by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, TDF SAS, U.S. Philips Corporation re #620 MOTION to Seal (Plaintiffs' Motion for Leave to File Certain Documents Under Seal) (Noona, Stephen) |
| Filing 621 Memorandum in Support re #620 MOTION to Seal (Plaintiffs' Motion for Leave to File Certain Documents Under Seal) filed by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, TDF SAS, U.S. Philips Corporation. (Noona, Stephen) |
| Filing 620 MOTION to Seal (Plaintiffs' Motion for Leave to File Certain Documents Under Seal) by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, TDF SAS, U.S. Philips Corporation. (Attachments: #1 Exhibit 1)(Noona, Stephen) |
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Filing 619
OPINION AND ORDER, entered and filed 5/31/17: This matter is before the Court on a #248 Motion to Dismiss Dell's Counterclaims I-X and Strike Dell's Seventh Affirmative Defense, and, in the alternative, a #253 Motion for a Separate Trial and Stay of Dell's Counterclaims I-X and Patent Misuse Affirmative Defense, both of which were jointly filed by Audio MPEG, Inc. ("Audio MPEG"), U.S. Philips Corporation ("Philips"), TDF SAS ("TDF"), Institute fur Rundfunktechnik GmbH {"IRT") (collectively, "Plaintiffs"), and Counterclaim Defendant Societa Italiana per lo Sviluppo dell'Elettronica S.p.A. {"SISVEL") (collectively with Plaintiffs, "Counter-Defendants"). The Court notes that Counter-Defendants' request to stay discovery on Dell's counterclaim is moot because discovery is already complete in this case. See Status Conf. Tr. 39, ECF No. 616 (notifying the Court that discovery is closed and the case is ready for trial). Dell alleged antitrust counterclaims against the patent owners and Audio MPEG, who were the original Plaintiffs in this case, and additionally joined SISVEL, the parent company of Audio MPEG, as a third-party defendant. Countercl. 28, 44. According to Dell, SISVEL administers the MPEG patent pool, with SISVEL alone having "responsibility for licensing non-U.S. Patents in the patent pool and SISVEL's wholly-owned subsidiary, Audio MPEG, ha[ving] sole responsibility for licensing U.S. Patents." Id. 44. Having evaluated the relevant factors and finding that each factor weighs in favor of bifurcation, the Court GRANTS Counter- Defendants' Motion for a Separate Trial of Dell's Counterclaims I-X and Patent Misuse Defense from trial of Plaintiffs' patent infringement claims. ECF No. 253; see Ricoh Co., 2005 WL 6965048, at *1 {"The Court has broad discretion in deciding whether to separate issues and claims for trial, in accordance with its broad power to manage its trial calendar."). The Court DISMISSES as MOOT Counter-Defendants' Motion to Stay discovery because discovery on both the patent infringement and antitrust claims is already complete. See Status Conf. Tr. 39. The Court TAKES UNDER ADVISEMENT Counter-Defendants' Motion to Dismiss Dell's Counterclaims I-X and Strike Dell's Seventh Affirmative Defense (patent misuse defense). ECF No. 248. Finally, while the Court appreciates the challenges for the parties resulting from continuance of their trial date, because the Court's docket was filled with many other trials already scheduled before this case was transferred to the undersigned Judge, the Court SETS trial on Plaintiffs' patent infringement claims to begin on December 5, 2017, and in the interest of judicial efficiency, the Court DIRECTS the parties to file all pretrial motions before July 31, 2017. (See Opinion and Order and Foot Notes for Specifics) (Signed by District Judge Mark S. Davis on 5/31/17). Copies provided as directed 5/31/17. (ecav, )
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| Filing 618 Response to #617 NOTICE of Supplemental Authority filed by Dell, Inc.. (Molster, Charles) |
| Filing 617 NOTICE by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, TDF SAS, U.S. Philips Corporation re #470 Memorandum in Opposition, Of Supplemental Authority (Attachments: #1 Exhibit 1)(Noona, Stephen) |
| Filing 616 TRANSCRIPT of Telephonic Proceedings held on 4/24/2017, before Judge Mark S. Davis, Court Reporter/Transcriber Paul McManus, Telephone number 757-222-7077. NOTICE RE REDACTION OF TRANSCRIPTS:The parties have thirty(30) calendar 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.vaed.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 6/12/2017. Redacted Transcript Deadline set for 7/12/2017. Release of Transcript Restriction set for 8/10/2017.(mcmanus, paul) (Main Document 616 replaced on 6/23/2017) (ecav, ). |
| Filing 615 REPLY to Response to Motion re #595 MOTION for Reconsideration filed by Dell, Inc.. (Molster, Charles) |
| Filing 614 Declaration re #613 Memorandum in Opposition, (of Wen-Ying Angela Chang in Support of Plaintiffs' Memorandum of Law In Opposition to Dell's Motion For Reconsideration) by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, Societa Italiana per lo Sviluppo deli'Elettronica S.p.A., TDF SAS, U.S. Philips Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B)(Noona, Stephen) |
| Filing 613 Memorandum in Opposition re #595 MOTION for Reconsideration filed by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, Societa Italiana per lo Sviluppo deli'Elettronica S.p.A., TDF SAS, U.S. Philips Corporation. (Noona, Stephen) |
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Filing 612
ORDER entered and filed 4/27/17 GRANTING Dell Inc.'s #598 Motion to File Certain Materials Under Seal Pursuant to LCvR5(c), as outlined. The Clerk is directed to maintain under seal certain portions of Dell's Motion (ECF No. 600) and accompanying exhibits (ECF Nos. 601, 601-1, 601-2). The sealed material shall remain sealed until forty-five (45) days after the final resolution of this matter and then, returned to counsel. (See Order for Specifics) (Signed by Magistrate Judge Robert J. Krask on 4/27/17). Copies provided 4/27/17. (ecav, )
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Filing 611
ORDER entered and filed 4/27/17 GRANTING Plaintiffs Audio MPEG, Inc., U.S. Philips Corporation, TDF SAS, and Institut fur Rundfunktechnik GmbH ("Plaintiffs") #585 Motion to File Certain Documents Under Seal pursuant to Local Civil Rule 5, as outlined. The Clerk is directed to maintain under seal the Plaintiffs' Reply (ECF No. 591) and accompanying exhibits (ECF Nos. 592, 592-1, 592-2). The sealed material shall remain sealed until forty-give (45) days after the final resolution of this matter and then, returned to counsel. (See Order for Specifics) (Signed by Magistrate Judge Robert J. Krask on 4/27/17). Copies provided 4/27/17. (ecav, )
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Filing 610
ORDER entered and filed 4/27/17 GRANTING Dell Inc.'s #574 Motion to File Certain Materials Under Seal Pursuant to LCvR5(c), as outlined. The Clerk is directed to seal certain portions of Dell's Memorandum in Opposition to Plaintiff's Cross-Motion to Preclude Dell from Contesting the Number of Sales of Accused Products (ECF No. 576) and supporting Exhibits. (ECF Nos. 577, 577-1, 577-2, 577-3). The sealed material shall remain sealed until forty-five (45) days after the final resolution of this matter and then, returned to counsel. (See Order for Specifics) (Signed by Magistrate Judge Robert J. Krask on 4/27/17). Copies provided 4/27/17. (ecav, )
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Filing 609
ORDER entered and filed 4/27/17 GRANTING Dell Inc.'s #568 Motion to File Certain Materials Under Seal Pursuant to LCvR5(c), as outlined. The Clerk is directed to seal certain portions of Dell's Reply Memorandum of Law in Support of its Motion to Exclude the Testimony of John Jarosz (ECF No. 570) and supporting Exhibits. (ECF Nos. 571, 571-1, 571-2, 571-3). The sealed material shall remain sealed until forty-five (45) days after the final resolution of this matter and then, returned to counsel. (See Order for Specifics) (Signed by Magistrate Judge Robert J. Krask on 4/27/17). Copies provided 4/27/17. (ecav, )
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| Filing 608 Telephone Status Conference held before District Judge Mark S. Davis: Paul McManus, OCR. Present on the Telephone: On behalf of Plaintiffs: Stephen Noona, Garrard Beeney, Marc Leeuw, Matthew Porpora, Stephen Elliott. On behalf of Defendants: Charles Molster, III, John Thorne, Sheila Kadura, Aaron Panner, Derek Ho, Sheila Kadura. Status Conference held on 4/24/2017. Comments of counsel heard re: status of case. Comments of the Court re: case status and how the case will proceed. Call ended. (vwar) |
| MOTIONS REFERRED to Magistrate Judge: Robert J. Krask. #598 MOTION to Seal (ecav, ) |
| MOTIONS REFERRED to Magistrate Judge: Robert J. Krask. #585 MOTION to Seal Certain Documents (ecav, ) |
| Filing 607 Declaration re #606 Response in Support of Motion (of Michael P. Devlin) by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, TDF SAS, U.S. Philips Corporation. (Noona, Stephen) |
| Filing 606 RESPONSE in Support re #598 MOTION to Seal filed by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, TDF SAS, U.S. Philips Corporation. (Attachments: #1 Exhibit 1)(Noona, Stephen) |
| Filing 605 Request for Hearing by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, TDF SAS, U.S. Philips Corporation re #551 MOTION to Exclude (Plaintiffs' Cross-Motion to Preclude Dell from Contesting the Number of Sales of Infringing Products) (Noona, Stephen) |
| Filing 604 Request for Hearing by Dell, Inc. re #595 MOTION for Reconsideration (Molster, Charles) |
| Filing 603 Request for Hearing by Dell, Inc. re #501 MOTION to Exclude the Testimony of John Jarosz (Molster, Charles) |
| Filing 602 Memorandum in Support re #598 MOTION to Seal filed by Dell, Inc.. (Molster, Charles) |
| Filing 601 Sealed Exhibits re #597 Declaration, #598 MOTION to Seal . (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Molster, Charles) |
| Filing 600 Sealed Dell Inc.'s Memorandum of Law in Support of Its Motion for Reconsideration re #598 MOTION to Seal , #596 Memorandum in Support. (Molster, Charles) |
| Filing 599 Notice of Filing Sealing Motion LCvR5(C) by Dell, Inc. re #598 MOTION to Seal (Molster, Charles) |
| Filing 598 MOTION to Seal by Dell, Inc.. (Attachments: #1 Proposed Order)(Molster, Charles) |
| Filing 597 Declaration re #596 Memorandum in Support Declaration of Frederick Gaston Hall in Support of Defendant Dell Inc.'s Motion for Reconsideration by Dell, Inc.. (Attachments: #1 Exhibit 1 Placeholder, #2 Exhibit 2 Placeholder, #3 Certificate of Service)(Molster, Charles) |
| Filing 596 Memorandum in Support re #595 MOTION for Reconsideration (Redacted) filed by Dell, Inc.. (Molster, Charles) |
| Filing 595 MOTION for Reconsideration by Dell, Inc.. (Attachments: #1 Proposed Order)(Molster, Charles) |
| MOTIONS REFERRED to Magistrate Judge: Robert J. Krask. #568 MOTION to Seal (ecav, ) |
| MOTIONS REFERRED to Magistrate Judge: Robert J. Krask. #574 MOTION to Seal (ecav, ) |
| Filing 594 Declaration re #593 Response in Support of Motion (Andrew H. Ward) by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, TDF SAS, U.S. Philips Corporation. (Noona, Stephen) |
| Filing 593 RESPONSE in Support re #568 MOTION to Seal , #574 MOTION to Seal filed by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, TDF SAS, U.S. Philips Corporation. (Attachments: #1 Exhibit 1)(Noona, Stephen) |
| MOTIONS REFERRED to Magistrate Judge: Robert J. Krask. #551 MOTION to Exclude (Plaintiffs' Cross-Motion to Preclude Dell from Contesting the Number of Sales of Infringing Products) (ecav, ) |
| Filing 592 Sealed Attachment/Exhibit(s) re #590 Declaration, #585 MOTION to Seal Certain Documents. (Attachments: #1 Exhibit A, #2 Exhibit C)(Noona, Stephen) |
| Filing 591 Sealed Response/Reply/Opposition re #589 Reply to Response to Motion, #585 MOTION to Seal Certain Documents. (Noona, Stephen) |
| Filing 590 Declaration re #589 Reply to Response to Motion, (of Michael P. Devlin) by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, TDF SAS, U.S. Philips Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Noona, Stephen) |
| Filing 589 REPLY to Response to Motion re #551 MOTION to Exclude (Plaintiffs' Cross-Motion to Preclude Dell from Contesting the Number of Sales of Infringing Products) (Public Version) filed by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, TDF SAS, U.S. Philips Corporation. (Noona, Stephen) |
| Filing 588 Declaration re #586 Memorandum in Support (of Andrew H. Ward) by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, TDF SAS, U.S. Philips Corporation. (Noona, Stephen) |
| Filing 587 Notice of Filing Sealing Motion LCvR5(C) by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, TDF SAS, U.S. Philips Corporation re #585 MOTION to Seal Certain Documents (Noona, Stephen) |
| Filing 586 Memorandum in Support re #585 MOTION to Seal Certain Documents filed by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, TDF SAS, U.S. Philips Corporation. (Noona, Stephen) |
| Filing 585 MOTION to Seal Certain Documents by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, TDF SAS, U.S. Philips Corporation. (Attachments: #1 Exhibit 1)(Noona, Stephen) |
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Filing 584
ORDER entered and filed 4/11/17 GRANTING Plaintiffs Audio MPEG, Inc., U.S. Philips Corporation, TDF SAS, and Institut fur Rundfunktechnik GmbH("Plaintiffs") #560 Leave to File Certain Documents Under Seal ("Motion to Seal") pursuant to Local Civil Rule 5to seal the following document, which was electronically filed under seal on April 3, 2017:Portions of Plaintiffs' Reply Memorandum in Further Support of Their Motion for Leave to FileSupplement ("Plaintiffs' Reply"). It is ORDERED that the Clerk is directed to maintain under seal the Plaintiffs' Reply (ECF No. 564), and accompanying exhibits. The sealed material shall remain sealed until forty-five (45) days after the final resolution of this matter and then, returned to counsel. (See Order for Specifics) (Signed by Magistrate Judge Robert J. Krask on 4/11/17). Copies provided as directed 4/12/17. (ecav, )
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Filing 583
ORDER entered and filed 4/11/17 GRANTING Plaintiffs Audio MPEG, Inc., U.S. Philips Corporation, TDF SAS, and Institut fur Rundfunktechnik GmbH ("Plaintiffs") #547 Motion for Leave to File Certain Documents Under Seal ("Motion to Seal") pursuant to Local Civil Rule 5 to seal documents, which were electronically filed under seal on March 31, 2017: Portions of Plaintiffs' Memorandum of Law in Opposition to Dell Inc.'s Motion to Exclude the Testimony of John Jarosz and in Support of Their Cross-Motion in Limine ("Plaintiffs' Opposition") and accompanying exhibits. It is ORDERED that the Clerk is directed to maintain under seal the Plaintiffs' Opposition and accompanying exhibits (ECF Nos. 555, 556). The sealed material shall remain sealed until forty-five (45) days after the final resolution of this matter and the, returned to counsel. (See Order for Specifics) (Signed by Magistrate Judge Robert J. Krask on 4/11/17). Copies provided as directed 4/12/17. (ecav, )
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| MOTIONS REFERRED to Magistrate Judge: Robert J. Krask. #560 MOTION to Seal Certain Documents (ecav, ) |
| MOTIONS REFERRED to Magistrate Judge: Robert J. Krask. #547 MOTION to Seal Certain Documents (ecav, ) |
| Filing 582 Sealed Memorandum in Support re #580 Order on Motion for Leave to File, #543 Order on Motion to Seal,, #581 Memorandum,,. (Attachments: #1 Exhibit A)(Noona, Stephen) |
| Filing 581 Memorandum ( Plaintiffs Supplement In Further Support Of Their Motion To For A Separate Trial And Stay Of Dells Counterclaims) (Public Version Per Court Order) to #580 Order on Motion for Leave to File, #253 MOTION to Bifurcate (Plaintiffs and Counterclaim Defendants' Motion for a Separate Trial and Stay of Dell's Counterclaims I-X and Patent Misuse Affirmative Defense), #538 Order on Motion to Seal,, filed by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, Societa Italiana per lo Sviluppo deli'Elettronica S.p.A., TDF SAS, U.S. Philips Corporation. (Attachments: #1 Exhibit A (filed under seal))(Noona, Stephen) |
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Filing 580
ORDER entered and filed 4/10/17 GRANTING Plaintiffs' #456 Motion for Leave to File Supplement in support of their motion for a separate trial and to stay defendant's counterclaims 1-X and patent misuse defense, as outlined. (See Order and Foot Note for Specifics) (Signed by Magistrate Judge Robert J. Krask on 4/10/17). Copies provided as directed 4/10/17. (ecav, )
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| MOTIONS REFERRED to Magistrate Judge: Robert J. Krask. #501 MOTION to Exclude the Testimony of John Jarosz (ecav, ) |
| Filing 579 Memorandum in Support re #568 MOTION to Seal filed by Dell, Inc.. (Molster, Charles) |
| Filing 578 Memorandum in Support re #574 MOTION to Seal filed by Dell, Inc.. (Molster, Charles) |
| Filing 577 Sealed Exhibits re #573 Declaration, #574 MOTION to Seal . (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Molster, Charles) |
| Filing 576 Sealed Memorandum in Opposition to Plaintiffs' Cross-Motion to Preclude Dell from Contesting the Number of Sales of Accused Products re #572 Memorandum in Opposition, #574 MOTION to Seal . (Molster, Charles) |
| Filing 575 Notice of Filing Sealing Motion LCvR5(C) by Dell, Inc. re #574 MOTION to Seal (Molster, Charles) |
| Filing 574 MOTION to Seal by Dell, Inc.. (Attachments: #1 Proposed Order)(Molster, Charles) |
| Filing 573 Declaration re #572 Memorandum in Opposition by Dell, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Certificate of Service)(Molster, Charles) |
| Filing 572 Memorandum in Opposition re #551 MOTION to Exclude (Plaintiffs' Cross-Motion to Preclude Dell from Contesting the Number of Sales of Infringing Products) filed by Dell, Inc.. (Molster, Charles) |
| Filing 571 Sealed Exhibits re #567 Declaration, #568 MOTION to Seal . (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Molster, Charles) |
| Filing 570 Dell's Reply Memorandum of Law in Support of its Motion to Exclude the Testimony of John Jarosz re #566 Reply to Response to Motion, #568 MOTION to Seal . (Molster, Charles) |
| Filing 569 Notice of Filing Sealing Motion LCvR5(C) by Dell, Inc. re #568 MOTION to Seal (Molster, Charles) |
| Filing 568 MOTION to Seal by Dell, Inc.. (Attachments: #1 Proposed Order)(Molster, Charles) |
| Filing 567 Declaration re #566 Reply to Response to Motion by Dell, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Certificate of Service)(Molster, Charles) |
| Filing 566 REPLY to Response to Motion re #501 MOTION to Exclude the Testimony of John Jarosz filed by Dell, Inc.. (Molster, Charles) |
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Filing 565
ORDER, entered and filed 4/4/17 GRANTING Defendant Dell Inc.'s ("Dell") #533 Motion to File Certain Materials Under Seal Pursuant to LCVR5(C), filed on March 28, 2017, as outlined. It is ORDERED that the Clerk is directed to maintain under seal Dell's Opposition to Supplement and Exhibits (ECF Nos. 535, 536). The sealed material shall remain sealed until forty-five (45) days after the final resolution of this matter and then, returned to counsel. (See Order for Specifics) (Signed by Magistrate Judge Robert J. Krask on 4/4/17). Copies provided as directed 4/5/17. (ecav, )
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| Telephone Status Conference reset for 4/24/2017 at 02:00 PM in Norfolk Judges Chamber before District Judge Mark S. Davis. (vwar) |
| Telephone Status Conference set for 4/25/2017 at 02:00 PM in Norfolk Judges Chamber before District Judge Mark S. Davis. (vwar) |
| MOTIONS REFERRED to Magistrate Judge: Robert J. Krask. #456 MOTION for Leave to File Supplement and Memorandum in Support of Motion for Leave to File Supplement (public version) (ecav, ) |
| Filing 564 Sealed Response/Reply/Opposition re #563 Reply to Response to Motion, #560 MOTION to Seal Certain Documents. (Noona, Stephen) |
| Filing 563 REPLY to Response to Motion re #456 MOTION for Leave to File Supplement and Memorandum in Support of Motion for Leave to File Supplement (public version) (Public Version) filed by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, Societa Italiana per lo Sviluppo deli'Elettronica S.p.A., TDF SAS, U.S. Philips Corporation. (Noona, Stephen) |
| Filing 562 Notice of Filing Sealing Motion LCvR5(C) by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, TDF SAS, U.S. Philips Corporation re #560 MOTION to Seal Certain Documents (Noona, Stephen) |
| Filing 561 Memorandum in Support re #560 MOTION to Seal Certain Documents filed by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, TDF SAS, U.S. Philips Corporation. (Noona, Stephen) |
| Filing 560 MOTION to Seal Certain Documents by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh. (Attachments: #1 Exhibit 1)(Noona, Stephen) |
| Filing 559 Declaration re #558 Response to Motion, (of Andrew H. Ward) by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, TDF SAS, U.S. Philips Corporation. (Noona, Stephen) |
| Filing 558 RESPONSE to Motion re #533 MOTION to Seal (Plaintiffs' Response to Dell Inc.'s Motion To File Certain Materials Under Seal Pursuant to LCVR5(C)) filed by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, TDF SAS, U.S. Philips Corporation. (Attachments: #1 Exhibit 1)(Noona, Stephen) |
| Filing 557 Request for Hearing by Dell, Inc. re #417 MOTION for Summary Judgment (Molster, Charles) |
| Filing 556 Sealed Attachment/Exhibit(s) re #554 Declaration,,, #547 MOTION to Seal Certain Documents. (Attachments: #1 Exhibit A, #2 Exhibit C, #3 Exhibit D, #4 Exhibit E, #5 Exhibit J, #6 Exhibit M, #7 Exhibit N, #8 Exhibit O, #9 Exhibit Q, #10 Exhibit R, #11 Exhibit S, #12 Exhibit T, #13 Exhibit U, #14 Exhibit V, #15 Exhibit X, #16 Exhibit Y, #17 Exhibit Z, #18 Exhibit BB, #19 Exhibit DD, #20 Exhibit EE, #21 Exhibit FF, #22 Exhibit GG, #23 Exhibit HH)(Noona, Stephen) |
| Filing 555 Sealed Document re #547 MOTION to Seal Certain Documents, #553 Response in Opposition to Motion, #552 Memorandum in Support,. (Noona, Stephen) |
| Filing 554 Declaration re #553 Response in Opposition to Motion, #552 Memorandum in Support, (of Michael P. Devlin) by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, TDF SAS, U.S. Philips Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U, #22 Exhibit V, #23 Exhibit W, #24 Exhibit X, #25 Exhibit Y, #26 Exhibit Z, #27 Exhibit AA, #28 Exhibit BB, #29 Exhibit CC, #30 Exhibit DD, #31 Exhibit EE, #32 Exhibit FF, #33 Exhibit GG, #34 Exhibit HH)(Noona, Stephen) |
| Filing 553 RESPONSE in Opposition re #501 MOTION to Exclude the Testimony of John Jarosz (Plaintiffs' Memorandum of Law in Opposition to Dell Inc.'s Motion to Exclude the Testimony of John Jarosz and in Support of Their Cross-Motion in Limine) filed by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, TDF SAS, U.S. Philips Corporation. (Noona, Stephen) |
| Filing 552 Memorandum in Support re #551 MOTION to Exclude (Plaintiffs' Cross-Motion to Preclude Dell from Contesting the Number of Sales of Infringing Products) filed by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, TDF SAS, U.S. Philips Corporation. (Noona, Stephen) |
| Filing 551 MOTION to Exclude (Plaintiffs' Cross-Motion to Preclude Dell from Contesting the Number of Sales of Infringing Products) by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, TDF SAS, U.S. Philips Corporation. (Attachments: #1 Exhibit 1)(Noona, Stephen) |
| Filing 550 Declaration re #548 Memorandum in Support (of Andrew H. Ward) by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, TDF SAS, U.S. Philips Corporation. (Noona, Stephen) |
| Filing 549 Notice of Filing Sealing Motion LCvR5(C) by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, TDF SAS, U.S. Philips Corporation re #547 MOTION to Seal Certain Documents (Noona, Stephen) |
| Filing 548 Memorandum in Support re #547 MOTION to Seal Certain Documents filed by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, TDF SAS, U.S. Philips Corporation. (Noona, Stephen) |
| Filing 547 MOTION to Seal Certain Documents by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, TDF SAS, U.S. Philips Corporation. (Attachments: #1 Exhibit 1)(Noona, Stephen) |
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Filing 546
ORDER entered and filed 3/29/17 GRANTING Defendant Dell Inc.'s ("Dell") #518 Motion to File Certain Materials Under Seal Pursuant to LCvR5(c) filed March 20, 2017, as outlined. It is ORDERED that the Clerk is directed to maintain under seal the Reply in Support of Summary Judgment and Exhibit (ECF Nos. 520, 521). The sealed material shall remain sealed forty-five (45) days after the resolution of this matter and then, returned to counsel. (See Order for Specifics) (Signed by Magistrate Judge Robert J. Krask on 3/29/17). Copies provided 3/30/17. (ecav, )
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Filing 545
ORDER entered and filed 3/29/17 GRANTING Plaintiffs and Counterclaim Defendants Audio MPEG, Inc., U.S. Philips Corporation. TDF SAS, and Institut fur Rundfunktechnik GmbH, and Counterclaim Defendant Societa Italiana per lo Sviluppo dell'Elettronica S.p.A. (collectively, "Plaintiffs") #493 Motion for Leave to File Certain Documents Under Seal ("Motion to Seal") pursuant to Local Civil Rule 5 to seal the exhibits to the Reply Memorandum of Law in Further Support of Plaintiffs' Omnibus Motion in Limine (the "Reply Exhibits"), which were electronically filed under seal March 17, 2017, as outlined. It is ORDERED that the Clerk is directed to maintain under seal the Reply Exhibits. (ECF No. 499) The sealed material shall remain sealed until forty-five (45) days after the final resolution of this matter, and then be returned to counsel. (See Order for Specifics) (Signed by Magistrate Judge Robert J. Krask on 3/29/17). Copies provided 3/30/17. (ecav, )
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Filing 544
ORDER entered and filed 3/29/17 GRANTING Defendant Dell Inc.'s ("Dell") #480 Motion to File Certain Materials Under Seal Pursuant to LCvR5(c) filed March 14, 2017, as outlined. It is ORDERED that the clerk is directed to maintain under seal (1) certain portions of Dell's Memorandum in Opposition to Plaintiffs' Omnibus Motion In Limine and accompanying Exhibits and (2) Exhibits 3, 4, and 5 to Dell's Opposition to Plaintiffs' Motion In Limine to Exclude Dan Schonfeld's Opinions and Testimony About Numerous Unasserted Patents and "Anti-Competitive Practices." The sealed material shall remain sealed until forty-five (45) days after the final resolution of this matter and then,returned to counsel. Exhibits 1 and 2 to Dell's Opposition to Plaintiffs' Motion In Limine to Exclude Dan Schonfeld's Opinions and Testimony About Numerous Patents and "Anti-Competitive Practices" have now been publicly filed. See ECF No. 526. (See Order for Specifics) (Signed by Magistrate Judge Robert J. Krask on 3/29/17). Copies provided 3/30/17. (ecav, )
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Filing 543
ORDER entered and filed 3/29/17 GRANTING Plaintiffs Audio MPEG, Inc., U.S. Philips Corporation, TDF SAS, and Institut fur Rundfunktechnik GmbH ("Plaintiffs") #458 Motion for Leave to File Certain Documents Under Seal ("Motion to Seal") pursuant to Local Civil Rule 5 filed March 14, 2016, as outlined. It is ORDERED that the Clerk is directed to maintain under seal the Plaintiffs' Opposition and accompanying exhibits (ECF Nos. 464, 465). The sealed material shall remain sealed until forty-five (45) days after the final resolution of this matter and then, returned to counsel. (See Order for Specifics) (Signed by Magistrate Judge Robert J. Krask on 3/29/17). Copies provided 3/30/17. (ecav, )
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Filing 542
ORDER entered and filed 3/29/17 GRANTING Plaintiffs Audio MPEG, Inc., U.S. Philips Corporation, TDF SAS, and Institut fur Rundfunktechnik GmbH ("Plaintiffs") #452 Motion for Leave to File Certain Documents Under Seal ("Motion to Seal") pursuant to Local Civil Rule 5 filed under seal March 14, 2017, as outlined. It is ORDERED that the clerk is directed to maintain under seal the Plaintiffs' Motion and accompanying exhibit (ECF Nos. 457, 457-1). The sealed material shall remain sealed until forty-five (45) days after the final resolution of this matter and then, returned to counsel. (See Order for Specifics) (Signed by Magistrate Judge Robert J. Krask on 3/29/17). Copies provided 3/30/17. (ecav, )
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Filing 541
ORDER entered and filed 3/29/17 GRANTING Defendant Dell Inc.'s ("Dell") #440 Motion to File Certain Materials Under Seal Pursuant to LCvR5(c), filed March 8, 2017, as outlined. It is ORDERED that the Clerk is directed to maintain under seal certain portions of Dell's Omnibus Motion in Limine (ECF No. 442) and Exhibit. (ECF No. 444) The sealed material shall remain sealed until forty-five (45) days after the final resolution of this matter and then, returned to counsel. (See Order for Specifics) (Signed by Magistrate Judge Robert J. Krask on 3/29/17). Copies provided 3/30/17. (ecav, )
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Filing 540
ORDER entered and filed 3/29/17 GRANTING Plaintiffs' and Counterclaim Defendants' Audio MPEG, Inc., U.S. Philips Corporation, TDF SAS, and Institut Fur Rundfunktechnik GMBH, and Counterclaim Defendant Societa Italiana per lo Sviluppo dell'Elettronica S.p.A. (collectively, "Plaintiffs") #429 Motion for Leave to File Certain Documents Under Seal pursuant to Local Civil Rule 5, which were electronically filed under seal on March 8, 2017, as outlined. It is ORDERED that the Clerk is directed to maintain under seal the filings associated with ECF Nos. 436, 437 and 448. The sealed material shall remain sealed until forty-five (45) days after the final resolution of this matter and then, returned to counsel. (See Order for Specifics) (Signed by Magistrate Judge Robert J. Krask on 3/29/17). Copies provided 3/30/17. (ecav, )
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Filing 539
ORDER entered and filed 3/29/17 GRANTING Defendant Dell Inc.'s ("Dell") Motions #504 and #510 to File Certain Materials Under Seal Pursuant to LCvR5(c), filed on March 17, 2017, as outlined. It is ORDERED that the Clerk is directed to maintain under seal Certain Portions of Dell's Motion to Exclude Jarosz Testimony and Exhibits and Dell's Reply Motion in Limine. The sealed material shall remain sealed until forty-five (45) days after the final resolution of this matter and then, returned to counsel. (See Order for Specifics) (Signed by Magistrate Judge Robert J. Krask on 3/29/17). Copies provided 3/29/17. (ecav, )
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Filing 538
ORDER entered and filed 3/29/17 GRANTING Plaintiff's #466 Motion to Seal filed March 14, 2017, as outlined. It is ORDERED that the Clerk is directed to maintain under seal the Plaintiffs' Opposition and accompanying exhibits. The sealed material shall remain sealed until forty-five (45) days after the final resolution of this matter and then, returned to counsel. (See Order for Specifics) (Signed by Magistrate Judge Robert J. Krask on 3/29/17). Copies provided 3/29/17. (ecav, )
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| Filing 537 Memorandum in Support re #533 MOTION to Seal filed by Dell, Inc.. (Molster, Charles) |
| Filing 536 Sealed Exhibits in Support of Declaration re #533 MOTION to Seal , #532 Declaration. (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)(Molster, Charles) |
| Filing 535 SEALED Opposition to Motion for Leave to File Supplement re #531 Memorandum in Opposition, #533 MOTION to Seal . (Molster, Charles) |
| Filing 534 Notice of Filing Sealing Motion LCvR5(C) by Dell, Inc. re #533 MOTION to Seal (Molster, Charles) |
| Filing 533 MOTION to Seal by Dell, Inc.. (Attachments: #1 Proposed Order)(Molster, Charles) |
| Filing 532 Declaration re #531 Memorandum in Opposition to Plaintiffs' Motion for Leave to File Supplement by Dell, Inc.. (Attachments: #1 Exhibit 1-11 Placeholder, #2 Certificate of Service)(Molster, Charles) |
| Filing 531 Memorandum in Opposition re #456 MOTION for Leave to File Supplement and Memorandum in Support of Motion for Leave to File Supplement (public version) (Redacted) filed by Dell, Inc.. (Molster, Charles) |
| MOTIONS REFERRED to Magistrate Judge: Robert J. Krask. #518 MOTION to Seal Certain Materials Pursuant to LCvR5(c) (ecav, ) |
| Filing 530 Declaration re #529 Response to Motion (of Michael P. Devlin) by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, TDF SAS, U.S. Philips Corporation. (Noona, Stephen) |
| Filing 529 RESPONSE to Motion re #518 MOTION to Seal Certain Materials Pursuant to LCvR5(c) filed by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, TDF SAS, U.S. Philips Corporation. (Attachments: #1 Exhibit 1)(Noona, Stephen) |
| MOTIONS REFERRED to Magistrate Judge: Robert J. Krask. #493 MOTION to Seal Certain Documents (ecav, ) |
| MOTIONS REFERRED to Magistrate Judge: Robert J. Krask. #510 MOTION to Seal Certain Materials Pursuant to LCvR5(c) (ecav, ) |
| Filing 528 Declaration re #527 Response to Motion, (of Michael P. Devlin) by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, TDF SAS, U.S. Philips Corporation. (Noona, Stephen) |
| Filing 527 RESPONSE to Motion re #510 MOTION to Seal Certain Materials Pursuant to LCvR5(c), #504 MOTION to Seal Certain Materials Pursuant to LCvR 5(c) filed by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, TDF SAS, U.S. Philips Corporation. (Attachments: #1 Exhibit 1)(Noona, Stephen) |
| MOTIONS REFERRED to Magistrate Judge: Robert J. Krask. #433 MOTION in Limine (Plaintiffs' Omnibus Motion in Limine) (ecav, ) |
| MOTIONS REFERRED to Magistrate Judge: Robert J. Krask. #429 MOTION to Seal Certain Documents (ecav, ) |
| Filing 526 NOTICE by Dell, Inc. re #486 Declaration, #484 Sealed Attachment/Exhibit(s), (Notice of Filing Exhibits Publicly) (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Molster, Charles) |
| MOTIONS REFERRED to Magistrate Judge: Robert J. Krask. #480 MOTION to Seal (ecav, ) |
| MOTIONS REFERRED to Magistrate Judge: Robert J. Krask. #466 MOTION to Seal Certain Documents (ecav, ) |
| Filing 525 Declaration re #524 Response to Motion (Of Alexandra H. Moss) by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, TDF SAS, U.S. Philips Corporation. (Noona, Stephen) |
| Filing 524 RESPONSE to Motion re #480 MOTION to Seal filed by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, TDF SAS, U.S. Philips Corporation. (Attachments: #1 Exhibit 1)(Noona, Stephen) |
| Filing 523 NOTICE by Dell, Inc. re #417 MOTION for Summary Judgment (Molster, Charles) |
| MOTIONS REFERRED to Magistrate Judge: Robert J. Krask. #458 MOTION to Seal Certain Documents, #452 MOTION to Seal Certain Documents (ecav, ) |
| Filing 522 Memorandum in Support re #518 MOTION to Seal Certain Materials Pursuant to LCvR5(c) filed by Dell, Inc.. (Molster, Charles) |
| Filing 521 Sealed Exhibit re #517 Declaration, #518 MOTION to Seal Certain Materials Pursuant to LCvR5(c). (Attachments: #1 Exhibit 1)(Molster, Charles) |
| Filing 520 Sealed Reply in Support of Motion for Summary Judgment re #518 MOTION to Seal Certain Materials Pursuant to LCvR5(c), #516 Reply to Response to Motion. (Molster, Charles) |
| Filing 519 Notice of Filing Sealing Motion LCvR5(C) by Dell, Inc. re #518 MOTION to Seal Certain Materials Pursuant to LCvR5(c) (Molster, Charles) |
| Filing 518 MOTION to Seal Certain Materials Pursuant to LCvR5(c) by Dell, Inc.. (Attachments: #1 Proposed Order)(Molster, Charles) |
| Filing 517 Declaration re #516 Reply to Response to Motion by Dell, Inc.. (Attachments: #1 Exhibit 1, #2 Certificate of Service)(Molster, Charles) |
| Filing 516 REPLY to Response to Motion re #417 MOTION for Summary Judgment filed by Dell, Inc.. (Molster, Charles) |
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Filing 515
ORDER entered and filed 3/20/17: This matter comes before the undersigned upon the recusal of Senior United States District Judge Henry Coke Morgan, Jr., from further proceedings in this case. ECF No. #489 . Accordingly, the Clerk is DIRECTED to randomly reassign this case for all further proceedings to another United States District Judge in the Norfolk Division of the court. Given that the conflict and reason for recusal arose subsequent to all prior rulings in this case, said prior rulings remain in full force and effect. (Signed by Chief District Judge Rebecca Beach Smith on 3/20/17). Copies provided as directed 3/20/17. (ecav, )
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| MOTIONS REFERRED to Magistrate Judge: Robert J. Krask. #443 MOTION in Limine (Plaintiffs' Motion in Limine to Exclude Dan Schonfeld's Opinions and Testimony About Numerous Unasserted Patents and Anti-Competitive Practices), #438 MOTION in Limine and Memorandum In Support of Omnibus Motion (REDACTED) (ecav, ) |
| Case Reassigned to District Judge Mark S. Davis. District Judge Henry C. Morgan, Jr no longer assigned to the case. (afar) |
| Filing 514 Financial Interest Disclosure Statement (Local Rule 7.1) by Dell, Inc.. (Molster, Charles) |
| Filing 513 Memorandum in Support re #510 MOTION to Seal Certain Materials Pursuant to LCvR5(c) filed by Dell, Inc.. (Molster, Charles) |
| Filing 512 Sealed Reply Memorandum of Law in Support of Dell's Omnibus Motion In Limine re #510 MOTION to Seal Certain Materials Pursuant to LCvR5(c), #509 Reply to Response to Motion. (Molster, Charles) |
| Filing 511 Notice of Filing Sealing Motion LCvR5(C) by Dell, Inc. re #510 MOTION to Seal Certain Materials Pursuant to LCvR5(c) (Molster, Charles) |
| Filing 510 MOTION to Seal Certain Materials Pursuant to LCvR5(c) by Dell, Inc.. (Attachments: #1 Proposed Order)(Molster, Charles) |
| Filing 509 REPLY to Response to Motion re #438 MOTION in Limine and Memorandum In Support of Omnibus Motion (REDACTED) filed by Dell, Inc.. (Molster, Charles) |
| Filing 508 Memorandum in Support re #504 MOTION to Seal Certain Materials Pursuant to LCvR 5(c) filed by Dell, Inc.. (Molster, Charles) |
| Filing 507 Sealed Exhibits re #503 Declaration, #504 MOTION to Seal Certain Materials Pursuant to LCvR 5(c). (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Molster, Charles) |
| Filing 506 Sealed Memorandum in Support of Motion to Exclude the Testimony of John Jarosz re #502 Memorandum in Support, #504 MOTION to Seal Certain Materials Pursuant to LCvR 5(c). (Molster, Charles) |
| Filing 505 Notice of Filing Sealing Motion LCvR5(C) by Dell, Inc. (Molster, Charles) |
| Filing 504 MOTION to Seal Certain Materials Pursuant to LCvR 5(c) by Dell, Inc.. (Attachments: #1 Proposed Order)(Molster, Charles) |
| Filing 503 Declaration re #501 MOTION to Exclude the Testimony of John Jarosz by Dell, Inc.. (Attachments: #1 Exhibit 1-5 Placeholder, #2 Certificate of Service)(Molster, Charles) |
| Filing 502 Memorandum in Support re #501 MOTION to Exclude the Testimony of John Jarosz (Redacted) filed by Dell, Inc.. (Molster, Charles) |
| Filing 501 MOTION to Exclude the Testimony of John Jarosz by Dell, Inc.. (Attachments: #1 Proposed Order)(Molster, Charles) |
| Filing 500 REPLY to Response to Motion re #443 MOTION in Limine (Plaintiffs' Motion in Limine to Exclude Dan Schonfeld's Opinions and Testimony About Numerous Unasserted Patents and Anti-Competitive Practices) (Reply Memorandum in Further Support) filed by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, Societa Italiana per lo Sviluppo deli'Elettronica S.p.A., TDF SAS, U.S. Philips Corporation. (Noona, Stephen) |
| Filing 499 Sealed Attachment/Exhibit(s) re #498 Declaration, #493 MOTION to Seal Certain Documents. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Noona, Stephen) |
| Filing 498 Declaration re #497 Reply to Response to Motion, (of Michael P. Devlin) by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, Societa Italiana per lo Sviluppo deli'Elettronica S.p.A., TDF SAS, U.S. Philips Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Noona, Stephen) |
| Filing 497 REPLY to Response to Motion re #433 MOTION in Limine (Plaintiffs' Omnibus Motion in Limine) (Reply Memorandum of Law in Further Support of Plaintiffs' Omnibus Motion in Limine) filed by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, Societa Italiana per lo Sviluppo deli'Elettronica S.p.A., TDF SAS, U.S. Philips Corporation. (Noona, Stephen) |
| Filing 496 Declaration re #494 Memorandum in Support, (of Mark A. Popovsky) by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, Societa Italiana per lo Sviluppo deli'Elettronica S.p.A., TDF SAS, U.S. Philips Corporation. (Noona, Stephen) |
| Filing 495 Notice of Filing Sealing Motion LCvR5(C) by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, Societa Italiana per lo Sviluppo deli'Elettronica S.p.A., TDF SAS, U.S. Philips Corporation re #493 MOTION to Seal Certain Documents (Noona, Stephen) |
| Filing 494 Memorandum in Support re #493 MOTION to Seal Certain Documents filed by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, Societa Italiana per lo Sviluppo deli'Elettronica S.p.A., TDF SAS, U.S. Philips Corporation. (Noona, Stephen) |
| Filing 493 MOTION to Seal Certain Documents by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, Societa Italiana per lo Sviluppo deli'Elettronica S.p.A., TDF SAS, U.S. Philips Corporation. (Attachments: #1 Exhibit 1)(Noona, Stephen) |
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Filing 489
ORDER entered and filed 3/17/17. This matter comes before the Court upon the letter Motion from Kellogg, Hansen, Todd, Figel & Frederick, P.L.L.C. on behalf of the Defendant, Dell, Inc. ("Defendant") dated March 17, 2017 and the reply of the Plaintiff of the same date, as outlined. Since the reason for the Court's recusal arose subsequent to all prior rulings in this case, the Court declines to reconsider or vacate any of its prior rulings. The Court further instructs the Clerk to place Dell, Inc. and affiliates and the law firm of Kellogg, Hansen, Todd, Figel &Frederick, P.L.L.C. upon its permanent recusal list. The Court ORDERS the pretrial conference scheduled for March 20, 2017 be continued. Since it appears improbable that another judge could prepare for this case prior to the trial date of April 5, 2017, it is further ORDERED that the trial date be continued and the case be referred to Chief Judge Rebecca Beach Smith for reassignment. (See Order for Specifics) (Signed by District Judge Henry C. Morgan, Jr. on 3/17/17). Copies provided 3/17/17.(ecav, )
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| Filing 488 Declaration re #487 Response to Motion, (of Michael P. Devlin) by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, Societa Italiana per lo Sviluppo deli'Elettronica S.p.A., TDF SAS, U.S. Philips Corporation. (Noona, Stephen) |
| Filing 487 RESPONSE to Motion re #440 MOTION to Seal filed by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, Societa Italiana per lo Sviluppo deli'Elettronica S.p.A., TDF SAS, U.S. Philips Corporation. (Attachments: #1 Exhibit 1)(Noona, Stephen) |
| Filing 486 Declaration re #478 Memorandum in Opposition, (Corrected) by Dell, Inc.. (Attachments: #1 Exhibit Placeholder, #2 Certificate of Service)(Molster, Charles) |
| Filing 485 Memorandum in Support re #480 MOTION to Seal filed by Dell, Inc.. (Molster, Charles) |
| Filing 484 Sealed Exhibit(s) re 479 Declaration in Support of Dell Inc.'s Opposition to Plaintiffs' Motion in Limine to Exclude Dan Schonfeld, #480 MOTION to Seal . (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Molster, Charles) |
| Filing 483 Sealed Exhibit(s) re #477 Declaration in Support of Dell Inc.'s Opposition to Plaintiffs' Omnibus Motion in Limine, #480 MOTION to Seal . (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)(Molster, Charles) |
| Filing 482 Sealed Opposition re #476 Memorandum of Law in Opposition to Plaintiffs' Omnibus Motion In Limine, #480 MOTION to Seal . (Attachments: #1 Certificate of Service)(Molster, Charles) |
| Filing 481 Notice of Filing Sealing Motion LCvR5(C) by Dell, Inc. re #480 MOTION to Seal (Molster, Charles) |
| Filing 480 MOTION to Seal by Dell, Inc.. (Attachments: #1 Proposed Order)(Molster, Charles) |
| Filing 479 Declaration re #478 Memorandum in Opposition, by Dell, Inc.. (Attachments: # 1 Exhibit Placeholder, # 2 Certificate of Service)(Molster, Charles) Modified on 3/15/2017 to remove Doc. 479 at the request of the filing user. Incorrect document filed. Doc. 479 refiled as the corrected document. See Doc. #486 (ecav). |
| Filing 478 Memorandum in Opposition re #443 MOTION in Limine (Plaintiffs' Motion in Limine to Exclude Dan Schonfeld's Opinions and Testimony About Numerous Unasserted Patents and Anti-Competitive Practices) filed by Dell, Inc.. (Molster, Charles) |
| Filing 477 Declaration re #476 Memorandum in Opposition by Dell, Inc.. (Attachments: #1 Exhibit Placeholder, #2 Certificate of Service)(Molster, Charles) |
| Filing 476 Memorandum in Opposition re #433 MOTION in Limine (Plaintiffs' Omnibus Motion in Limine) (Redacted) filed by Dell, Inc.. (Molster, Charles) |
| Filing 475 Sealed Attachment/Exhibit(s) re #466 MOTION to Seal Certain Documents, #471 Declaration,,,,,,. (Attachments: #1 Exhibit AAA, #2 Exhibit BBB, #3 Exhibit CCC, #4 Exhibit DDD, #5 Exhibit EEE, #6 Exhibit III, #7 Exhibit LLL, #8 Exhibit MMM, #9 Exhibit NNN, #10 Exhibit OOO, #11 Exhibit QQQ, #12 Exhibit RRR)(Noona, Stephen) |
| Filing 474 Sealed Attachment/Exhibit(s) re #466 MOTION to Seal Certain Documents, #471 Declaration,,,,,,. (Attachments: #1 Exhibit R, #2 Exhibit S, #3 Exhibit T, #4 Exhibit U, #5 Exhibit X, #6 Exhibit FF, #7 Exhibit GG, #8 Exhibit HH, #9 Exhibit II, #10 Exhibit JJ, #11 Exhibit KK, #12 Exhibit LL, #13 Exhibit MM, #14 Exhibit NN, #15 Exhibit OO, #16 Exhibit PP, #17 Exhibit QQ, #18 Exhibit RR, #19 Exhibit SS, #20 Exhibit TT, #21 Exhibit UU, #22 Exhibit VV, #23 Exhibit WW, #24 Exhibit XX, #25 Exhibit YY, #26 Exhibit ZZ)(Noona, Stephen) |
| Filing 473 Sealed Attachment/Exhibit(s) re #466 MOTION to Seal Certain Documents, #471 Declaration,,,,,,. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q)(Noona, Stephen) |
| Filing 472 Sealed Response/Reply/Opposition re #466 MOTION to Seal Certain Documents, #470 Memorandum in Opposition,. (Noona, Stephen) |
| Filing 471 Declaration re #470 Memorandum in Opposition, (of Michael P. Devlin) by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, Societa Italiana per lo Sviluppo deli'Elettronica S.p.A., TDF SAS, U.S. Philips Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U, #22 Exhibit V, #23 Exhibit W, #24 Exhibit X, #25 Exhibit Y, #26 Exhibit Z, #27 Exhibit AA, #28 Exhibit BB, #29 Exhibit CC, #30 Exhibit DD, #31 Exhibit EE, #32 Exhibit FF, #33 Exhibit GG, #34 Exhibit HH, #35 Exhibit II, #36 Exhibit JJ, #37 Exhibit KK, #38 Exhibit LL, #39 Exhibit MM, #40 Exhibit NN, #41 Exhibit OO, #42 Exhibit PP, #43 Exhibit QQ, #44 Exhibit RR, #45 Exhibit SS, #46 Exhibit TT, #47 Exhibit UU, #48 Exhibit VV, #49 Exhibit WW, #50 Exhibit XX, #51 Exhibit YY, #52 Exhibit ZZ, #53 Exhibit AAA, #54 Exhibit BBB, #55 Exhibit CCC, #56 Exhibit DDD, #57 Exhibit EEE, #58 Exhibit FFF, #59 Exhibit GGG, #60 Exhibit HHH, #61 Exhibit III, #62 Exhibit JJJ, #63 Exhibit KKK, #64 Exhibit LLL, #65 Exhibit MMM, #66 Exhibit NNN, #67 Exhibit OOO, #68 Exhibit PPP, #69 Exhibit QQQ, #70 Exhibit RRR)(Noona, Stephen) |
| Filing 470 Memorandum in Opposition re #417 MOTION for Summary Judgment (Public Version) filed by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, Societa Italiana per lo Sviluppo deli'Elettronica S.p.A., TDF SAS, U.S. Philips Corporation. (Noona, Stephen) |
| Filing 469 Declaration re #467 Memorandum in Support, (of Michael P. Devlin) by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, Societa Italiana per lo Sviluppo deli'Elettronica S.p.A., TDF SAS, U.S. Philips Corporation. (Noona, Stephen) |
| Filing 468 Notice of Under Seal Filing LCvR5 (B) by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, Societa Italiana per lo Sviluppo deli'Elettronica S.p.A., TDF SAS, U.S. Philips Corporation re #466 MOTION to Seal Certain Documents (Noona, Stephen) |
| Filing 467 Memorandum in Support re #466 MOTION to Seal Certain Documents filed by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, Societa Italiana per lo Sviluppo deli'Elettronica S.p.A., TDF SAS, U.S. Philips Corporation. (Noona, Stephen) |
| Filing 466 MOTION to Seal Certain Documents by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, Societa Italiana per lo Sviluppo deli'Elettronica S.p.A., TDF SAS, U.S. Philips Corporation. (Attachments: #1 Exhibit 1)(Noona, Stephen) |
| Filing 465 Sealed Attachment/Exhibit(s) re #458 MOTION to Seal Certain Documents, #463 Declaration,,. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit E, #5 Exhibit F, #6 Exhibit G, #7 Exhibit H, #8 Exhibit I, #9 Exhibit J)(Noona, Stephen) |
| Filing 464 Sealed Document re #458 MOTION to Seal Certain Documents, #462 Memorandum in Opposition,. (Noona, Stephen) |
| Filing 463 Declaration re #462 Memorandum in Opposition, (of Andrew H. Ward) by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, Societa Italiana per lo Sviluppo deli'Elettronica S.p.A., TDF SAS, U.S. Philips Corporation. (Attachments: #1 Exhibit A - Public Version, #2 Exhibit B - Public Version, #3 Exhibit C - Public Version, #4 Exhibit D, #5 Exhibit E - Public Version, #6 Exhibit F - Public Version, #7 Exhibit G - Public Version, #8 Exhibit H - Public Version, #9 Exhibit I - Public Version, #10 Exhibit J - Public Version)(Noona, Stephen) |
| Filing 462 Memorandum in Opposition re #438 MOTION in Limine and Memorandum In Support of Omnibus Motion (REDACTED) (Public Version) filed by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, Societa Italiana per lo Sviluppo deli'Elettronica S.p.A., TDF SAS, U.S. Philips Corporation. (Noona, Stephen) |
| Filing 461 Declaration re #459 Memorandum in Support, (of Andrew H. Ward) by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, Societa Italiana per lo Sviluppo deli'Elettronica S.p.A., TDF SAS, U.S. Philips Corporation. (Noona, Stephen) |
| Filing 460 Notice of Under Seal Filing LCvR5 (B) by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, Societa Italiana per lo Sviluppo deli'Elettronica S.p.A., TDF SAS, U.S. Philips Corporation re #458 MOTION to Seal Certain Documents (Noona, Stephen) |
| Filing 459 Memorandum in Support re #458 MOTION to Seal Certain Documents filed by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, Societa Italiana per lo Sviluppo deli'Elettronica S.p.A., TDF SAS, U.S. Philips Corporation. (Noona, Stephen) |
| Filing 458 MOTION to Seal Certain Documents by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, Societa Italiana per lo Sviluppo deli'Elettronica S.p.A., TDF SAS, U.S. Philips Corporation. (Attachments: #1 Exhibit 1)(Noona, Stephen) |
| Filing 457 Sealed Memorandum in Support re #452 MOTION to Seal Certain Documents, #456 MOTION for Leave to File Supplement and Memorandum in Support of Motion for Leave to File Supplement (public version). (Attachments: #1 Exhibit 2)(Noona, Stephen) |
| Filing 456 MOTION for Leave to File Supplement and Memorandum in Support of Motion for Leave to File Supplement (public version) by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, Societa Italiana per lo Sviluppo deli'Elettronica S.p.A., TDF SAS, U.S. Philips Corporation. (Attachments: #1 Exhibit 1 - Proposed Order, #2 Exhibit 2 - Supplement (Public Version))(Noona, Stephen) |
| Filing 455 Declaration re #453 Memorandum in Support, (of W. Rudolph Kleysteuber) by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, Societa Italiana per lo Sviluppo deli'Elettronica S.p.A., TDF SAS, U.S. Philips Corporation. (Noona, Stephen) |
| Filing 454 Notice of Under Seal Filing LCvR5 (B) by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, Societa Italiana per lo Sviluppo deli'Elettronica S.p.A., TDF SAS, U.S. Philips Corporation re #452 MOTION to Seal Certain Documents (Noona, Stephen) |
| Filing 453 Memorandum in Support re #452 MOTION to Seal Certain Documents filed by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, Societa Italiana per lo Sviluppo deli'Elettronica S.p.A., TDF SAS, U.S. Philips Corporation. (Noona, Stephen) |
| Filing 452 MOTION to Seal Certain Documents by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, Societa Italiana per lo Sviluppo deli'Elettronica S.p.A., TDF SAS, U.S. Philips Corporation. (Attachments: #1 Exhibit 1)(Noona, Stephen) |
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Filing 451
ORDER, AGREED, GRANTING Plaintiffs' #449 Unopposed Motion for Leave to File Excess Pages for the Opposition to Dell's Motion for Summary Judgment filed by Plaintiffs Audio MPEG, Inc. ("Audi MPEG"), U.S. Philips Corporation ("Philips"), TDF SAS ("TDF'), and Institut furRundfunktechnik GmbH ("IRT") (collectively, "Plaintiffs") ("Plaintiffs' Unopposed Motion forExtension of Page Limits"). After considering Plaintiffs' Unopposed Motion for Extension of Page Limits, and for good cause shown, the Court is of the opinion that the Unopposed Motionfor Extension of Page Limits should be granted. It is therefore ORDERED as follows:1. Plaintiffs will be permitted an additional 5 pages in connection with the briefing of the Opposition to Dell's Motion for Summary Judgment, with such brief not exceeding 35 pages in length. (Signed by District Judge Henry C. Morgan, Jr. on 3/13/17). Copies provided 3/13/17. (ecav, )
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Filing 450
ORDER, entered and filed 3/9/17, GRANTING Defendant Dell Inc.'s ("Dell") #420 Motion to File Certain Materials Under Seal Pursuant to LCvR5(c), filed on February 28, 2017, having considered the written submissions of the Parties, and having determined that this action involves allegations requiring the disclosure of confidential and proprietary information, as outlined. IT IS ORDERED that the Clerk is directed to maintain under seal Certain Portions of Dell's Memorandum for Summary Judgment and Exhibits. The sealed material shall remain sealed until forty-five (45) days after the final resolution of this matter and then, returned to counsel. (See Order for Specifics) (Signed by District Judge Henry C. Morgan, Jr. on 3/9/17. Copies provided 3/9/17. (ecav, )
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| Filing 449 MOTION for Leave to File Excess Pages and Memorandum in Support of Unopposed Motion for Leave to File Excess Pages by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, TDF SAS, U.S. Philips Corporation. (Attachments: #1 Exhibit 1)(Noona, Stephen) |
| Filing 448 Sealed Document re #447 Declaration, #429 MOTION to Seal Certain Documents. (Attachments: #1 Exhibit B, #2 Exhibit C)(Noona, Stephen) |
| Filing 447 Declaration re #445 Memorandum in Support, (Declaration of Alexandra H. Moss) by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, Societa Italiana per lo Sviluppo deli'Elettronica S.p.A., TDF SAS, U.S. Philips Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B (Filed Under Seal), #3 Exhibit C (Filed Under Seal), #4 Exhibit D, #5 Exhibit E)(Noona, Stephen) |
| Filing 446 Memorandum in Support re #440 MOTION to Seal filed by Dell, Inc.. (Molster, Charles) |
| Filing 445 Memorandum in Support re #443 MOTION in Limine (Plaintiffs' Motion in Limine to Exclude Dan Schonfeld's Opinions and Testimony About Numerous Unasserted Patents and Anti-Competitive Practices) filed by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, Societa Italiana per lo Sviluppo deli'Elettronica S.p.A., TDF SAS, U.S. Philips Corporation. (Noona, Stephen) |
| Filing 444 Sealed Exhibits re #440 MOTION to Seal . (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Molster, Charles) |
| Filing 443 MOTION in Limine (Plaintiffs' Motion in Limine to Exclude Dan Schonfeld's Opinions and Testimony About Numerous Unasserted Patents and Anti-Competitive Practices) by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, Societa Italiana per lo Sviluppo deli'Elettronica S.p.A., TDF SAS, U.S. Philips Corporation. (Attachments: #1 Exhibit 1)(Noona, Stephen) |
| Filing 442 Sealed Omnibus Motion In Limine and Memorandum In Support re #440 MOTION to Seal . (Molster, Charles) |
| Filing 441 Notice of Filing Sealing Motion LCvR5(C) by Dell, Inc. re #440 MOTION to Seal (Molster, Charles) |
| Filing 440 MOTION to Seal by Dell, Inc.. (Attachments: #1 Proposed Order)(Molster, Charles) |
| Filing 439 Declaration re #438 MOTION in Limine and Memorandum In Support of Omnibus Motion (REDACTED) by Dell, Inc.. (Attachments: #1 Exhibit 1-5, #2 Certificate of Service)(Molster, Charles) |
| Filing 438 MOTION in Limine and Memorandum In Support of Omnibus Motion (REDACTED) by Dell, Inc.. (Attachments: #1 Proposed Order)(Molster, Charles) |
| Filing 437 Sealed Document re #435 Declaration,,,, #429 MOTION to Seal Certain Documents. (Attachments: #1 Exhibit B, #2 Exhibit C, #3 Exhibit D, #4 Exhibit E, #5 Exhibit F, #6 Exhibit G, #7 Exhibit I, #8 Exhibit J, #9 Exhibit M, #10 Exhibit N, #11 Exhibit O, #12 Exhibit P, #13 Exhibit Q, #14 Exhibit R, #15 Exhibit S, #16 Exhibit U, #17 Exhibit V, #18 Exhibit W, #19 Exhibit X)(Noona, Stephen) |
| Filing 436 Sealed Memorandum in Support re #434 Memorandum in Support, #429 MOTION to Seal Certain Documents. (Noona, Stephen) |
| Filing 435 Declaration re #434 Memorandum in Support, (Declaration of Garrard R. Beeney in Support of Plaintiffs' Omnibus Motion in Limine) by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, Societa Italiana per lo Sviluppo deli'Elettronica S.p.A., TDF SAS, U.S. Philips Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B (Filed Under Seal), #3 Exhibit C (Filed Under Seal), #4 Exhibit D (Filed Under Seal), #5 Exhibit E (Filed Under Seal), #6 Exhibit F (Filed Under Seal), #7 Exhibit G (Filed Under Seal), #8 Exhibit H, #9 Exhibit I (Filed Under Seal), #10 Exhibit J (Filed Under Seal), #11 Exhibit K, #12 Exhibit L, #13 Exhibit M (Filed Under Seal), #14 Exhibit N (Filed Under Seal), #15 Exhibit O (Filed Under Seal), #16 Exhibit P (Filed Under Seal), #17 Exhibit Q (Filed Under Seal), #18 Exhibit R (Filed Under Seal), #19 Exhibit S (Filed Under Seal), #20 Exhibit T, #21 Exhibit U (Filed Under Seal), #22 Exhibit V (Filed Under Seal), #23 Exhibit W (Filed Under Seal), #24 Exhibit X (Filed Under Seal))(Noona, Stephen) |
| Filing 434 Memorandum in Support re #433 MOTION in Limine (Plaintiffs' Omnibus Motion in Limine) (Redacted Public Version) filed by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, Societa Italiana per lo Sviluppo deli'Elettronica S.p.A., TDF SAS, U.S. Philips Corporation. (Noona, Stephen) |
| Filing 433 MOTION in Limine (Plaintiffs' Omnibus Motion in Limine) by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, Societa Italiana per lo Sviluppo deli'Elettronica S.p.A., TDF SAS, U.S. Philips Corporation. (Attachments: #1 Exhibit 1)(Noona, Stephen) |
| Filing 432 Declaration re #430 Memorandum in Support, (of Mark A. Popovsky by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, Societa Italiana per lo Sviluppo deli'Elettronica S.p.A., TDF SAS, U.S. Philips Corporation. (Noona, Stephen) |
| Filing 431 Notice of Filing Sealing Motion LCvR5(C) by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, Societa Italiana per lo Sviluppo deli'Elettronica S.p.A., TDF SAS, U.S. Philips Corporation re #429 MOTION to Seal Certain Documents (Noona, Stephen) |
| Filing 430 Memorandum in Support re #429 MOTION to Seal Certain Documents filed by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, Societa Italiana per lo Sviluppo deli'Elettronica S.p.A., TDF SAS, U.S. Philips Corporation. (Noona, Stephen) |
| Filing 429 MOTION to Seal Certain Documents by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, Societa Italiana per lo Sviluppo deli'Elettronica S.p.A., TDF SAS, U.S. Philips Corporation. (Attachments: #1 Exhibit 1)(Noona, Stephen) |
| Filing 428 Declaration re #427 Response in Support of Motion, (of Michael P. Devlin) by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, Societa Italiana per lo Sviluppo deli'Elettronica S.p.A., TDF SAS, U.S. Philips Corporation. (Noona, Stephen) |
| Filing 427 RESPONSE in Support re #420 MOTION to Seal Certain Materials Under Seal Pursuant to LCvR5(c) filed by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, Societa Italiana per lo Sviluppo deli'Elettronica S.p.A., TDF SAS, U.S. Philips Corporation. (Attachments: #1 Exhibit 1)(Noona, Stephen) |
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Filing 426
ORDER, AGREED, entered and filed 3/6/17, GRANTING Plaintiffs' #416 Motion to Amend the Rule 16(b) Order ("Motion to Amend"). The Court hereby ORDERS that its Rule 16(b) Scheduling Order as previously amended (by D.I. 296, Court docket entries on October 26 and 27, 2016, D.I. 379, D.I. 410 and D.I. 415) (collectively, "Scheduling Order"), shall be amended as follows: 1. The parties shall file their proposed voir dire jury instructions on March 29, 2017; 2. All other dates in the Scheduling Order shall remain unchanged. (Signed by District Judge Henry C. Morgan, Jr. on 3/6/17). Copies provided 3/7/17. (ecav, )
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| Filing 425 Memorandum in Support re #420 MOTION to Seal Certain Materials Under Seal Pursuant to LCvR5(c) filed by Dell, Inc.. (Molster, Charles) |
| Filing 424 Sealed Exhibits 16-38 re #420 MOTION to Seal Certain Materials Under Seal Pursuant to LCvR5(c). (Attachments: #1 Exhibit 16, #2 Exhibit 17, #3 Exhibit 18, #4 Exhibit 19, #5 Exhibit 20, #6 Exhibit 21, #7 Exhibit 22, #8 Exhibit 23, #9 Exhibit 24, #10 Exhibit 25, #11 Exhibit 26, #12 Exhibit 27, #13 Exhibit 28, #14 Exhibit 29, #15 Exhibit 30, #16 Exhibit 31, #17 Exhibit 32, #18 Exhibit 33, #19 Exhibit 34, #20 Exhibit 35, #21 Exhibit 36, #22 Exhibit 37, #23 Exhibit 38)(Molster, Charles) |
| Filing 423 Sealed Exhibits 1, 5-15 re #420 MOTION to Seal Certain Materials Under Seal Pursuant to LCvR5(c). (Attachments: #1 Exhibit 1, #2 Exhibit 5, #3 Exhibit 6, #4 Exhibit 7, #5 Exhibit 8, #6 Exhibit 9, #7 Exhibit 10, #8 Exhibit 11, #9 Exhibit 12, #10 Exhibit 13, #11 Exhibit 14, #12 Exhibit 15)(Molster, Charles) |
| Filing 422 Sealed Memorandum in Support of Motion for Summary Judgment re #420 MOTION to Seal Certain Materials Under Seal Pursuant to LCvR5(c). (Molster, Charles) |
| Filing 421 Notice of Filing Sealing Motion LCvR5(C) by Dell, Inc. re #420 MOTION to Seal Certain Materials Under Seal Pursuant to LCvR5(c) (Molster, Charles) |
| Filing 420 MOTION to Seal Certain Materials Under Seal Pursuant to LCvR5(c) by Dell, Inc.. (Attachments: #1 Proposed Order)(Molster, Charles) |
| Filing 419 Declaration re #417 MOTION for Summary Judgment by Dell, Inc.. (Attachments: #1 Exhibit Placeholder, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Certificate of Service)(Molster, Charles) |
| Filing 418 Memorandum in Support re #417 MOTION for Summary Judgment (Redacted) filed by Dell, Inc.. (Molster, Charles) |
| Filing 417 MOTION for Summary Judgment by Dell, Inc.. (Attachments: #1 Proposed Order)(Molster, Charles) |
| Filing 416 Consent MOTION to Amend/Correct Rule 16(b) Scheduling Order by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, Societa Italiana per lo Sviluppo deli'Elettronica S.p.A., TDF SAS, U.S. Philips Corporation. (Attachments: #1 Exhibit 1)(Noona, Stephen) |
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Filing 415
ORDER, AGREED GRANTING Plaintiffs' #414 Motion to Amend the Rule 16(b) Order ("Motion to Amend"), joint representation of the parties, and for good cause shown, the Court hereby ORDERS that its Rule 16(b) Scheduling Order as previously amended (by D.l. 296, Court docket entries on October 26 and 27, 2016, D.I. 379, and D.I. 410) (collectively, "Scheduling Order"), shall be amended as follows: 1. Any rebuttal disclosure by the party bearing the initial burden of proof shall be made on February 20, 2017, at noon and shall be limited as to source to expert witnesses previously identified. Further rebuttal to Rule 702, 703 or 705 evidence shall be permitted only by leave of court; 2. All other dates in the Scheduling Order shall remain unchanged. (Signed by District Judge Henry C. Morgan, Jr. on 2/16/17). Copies provided 2/16/17. (ecav, )
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| Filing 414 Consent MOTION to Amend/Correct #410 Order (and Memorandum in Support) by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, Societa Italiana per lo Sviluppo deli'Elettronica S.p.A., TDF SAS, U.S. Philips Corporation. (Attachments: #1 Exhibit 1)(Noona, Stephen) |
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Filing 413
OPINION & ORDER - On January 26 and 27, 2017, the Court conducted a Markman hearing for the purpose of construing eighteen (18) disputed terms in the Patents at issue. Upon consideration of the Parties' briefs and oral arguments, the Court ruled from the bench as to some terms and took others under advisement. This Opinion and Order details the Court's reasoning. (See Opinion & Order for specific details). Copies distributed to all counsel of record. Signed by District Judge Henry C. Morgan, Jr on 2/3/2017. (cchr)
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| Filing 412 TRANSCRIPT of proceedings, Markman hearing, Day 2, held on 1-27-2017, before Judge Henry C. Morgan, Jr., Court Reporter/Transcriber Jody Stewart, Telephone number 757-222-7071. NOTICE RE REDACTION OF TRANSCRIPTS:The parties have thirty(30) calendar 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.vaed.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 3/3/2017. Redacted Transcript Deadline set for 4/3/2017. Release of Transcript Restriction set for 5/2/2017.(stewart, jody) |
| Filing 411 TRANSCRIPT of proceedings, Markman hearing, Day 1, held on 1-26-2017, before Judge Henry C. Morgan, Jr., Court Reporter/Transcriber Jody Stewart, Telephone number 757-222-7071. NOTICE RE REDACTION OF TRANSCRIPTS:The parties have thirty(30) calendar 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.vaed.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 3/3/2017. Redacted Transcript Deadline set for 4/3/2017. Release of Transcript Restriction set for 5/2/2017.(stewart, jody) |
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Filing 410
ORDER GRANTING MOTION TO AMEND THE COURT'S RULE 16(b) SCHEDULING ORDER. Copies distributed to all counsel. Signed by District Judge Henry C. Morgan, Jr on 1/31/2017. (cchr)
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| Filing 409 NOTICE by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, Societa Italiana per lo Sviluppo deli'Elettronica S.p.A., TDF SAS, U.S. Philips Corporation (Notice of Filing of Proposed Order) (Attachments: #1 Exhibit 1)(Noona, Stephen) |
| Filing 408 Markman Hearing before District Judge Henry C. Morgan, Jr. held on 1/27/2017. Appearances: Stephen E. Noona, Marc De Leeuw, Stephen J. Elliott, and Angela Chang for the Plaintiffs. Charles B. Molster, III, John Thorne, Aaron M. Panner, and Frederick G. Hall for the Defendants. Markman hearing continued. Parties resumed argument of claim construction terms. Court to issue an order. Court adjourned. (Court Reporter Jody Stewart, OCR.)(lbax, ) |
| Filing 407 Markman Hearing before District Judge Henry C. Morgan, Jr. held on 1/26/2017. Appearances: Stephen E. Noona, Marc De Leeuw, Stephen J. Elliott, Angela Chang and Garrad R. Beeney for the Plaintiffs. Charles B. Molster, III, John Thorne, Aaron M. Panner, and Frederick G. Hall for the Defendants. Markman hearing held. Overview of patent presented. Parties began presentation of claim construction terms which were argued and defined. Parties excused until 10:00 a.m., Friday, January 27, 2017. (Court Reporter Jody Stewart, OCR.)(lbax, ) |
| Markman Hearing set for 1/27/2017 at 10:00 AM in Norfolk Courtroom 2 before District Judge Henry C. Morgan Jr.. (lbax, ) |
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Filing 405
ORDER granting #403 Motion to appear Pro Hac Vice by Rachel Proctor May Dell, Inc. Copies distributed to all counsel. Signed by District Judge Henry C. Morgan, Jr on 1/20/2017. (cchr)
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Filing 404
ORDER REGARDING CLAIM CONSTRUCTION HEARING - Pursuant to the Court's October 3, 2016 Scheduling Order CD.I. 296), the parties submit the following proposed order regarding argument at the January 26, 2017 claim construction hearing. ORDERED that each side is allotted two (2) hours total to present their arguments at the claim construction hearing. Prior to those arguments, each side is permitted to offer a technology tutorial of no more than thirty (30) minutes apiece. Thereafter, the parties will present their arguments on a term-by-term basis, with terms presenting similar claim construction issues grouped together for argument where feasible. Copies distributed to all counsel. Signed by District Judge Henry C. Morgan, Jr on 1/20/2017. (cchr)
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| Filing 403 Motion to appear Pro Hac Vice by Rachel Proctor May and Certification of Local Counsel Charles B. Molster, III Filing fee $ 75, receipt number 0422-5338086. by Dell, Inc.. (Molster, Charles) |
| Filing 402 NOTICE by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, Societa Italiana per lo Sviluppo deli'Elettronica S.p.A., TDF SAS, U.S. Philips Corporation of filing of Joint Claim Construction and Prehearing Statement (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Noona, Stephen) |
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Filing 401
ORDER granting #384 MOTION to Seal Certain Documents. The Motion to Seal is GRANTED and it is ORDERED that: The Clerk is directed to maintain under seal the Plaintiffs' Brief. The sealed material shall remain sealed until forty-five (45) days after the final resolution of this matter and then, returned to counsel or destroyed. Copies distributed to all counsel. Signed by District Judge Henry C. Morgan, Jr on 1/17/2017. (cchr)
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Filing 400
ORDER - It is ORDERED that Dell Inc.'s Motion and Memorandum In Support Of Motion for Leave to File Response is granted and Dell is granted leave to file the Response and exhibits attached to their Motion and Memorandum In Support Of Motion for Leave to File Response. Copies distributed to all counsel. Signed by District Judge Henry C. Morgan, Jr on 1/17/2017. (cchr)
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Filing 399
ORDER granting #390 Motion to Withdraw as Attorney. The Court, having considered the Motion to Withdraw, hereby GRANTS the motion anddirects the Clerk to remove J.C. Rozendaal from the docket. Copies distributed. Signed by District Judge Henry C. Morgan, Jr on 1/17/2017. (cchr)
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Filing 398
ORDER granting #395 Motion to appear Pro Hac Vice by Jacob Edwin Hartman for Dell, Inc. Copies distributed. Signed by District Judge Henry C. Morgan, Jr on 1/17/2017. (cchr)
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Filing 397
ORDER granting #394 Motion to appear Pro Hac Vice by Frederick Gaston Hall for Dell, Inc. Copies distributed to all parties. Signed by District Judge Henry C. Morgan, Jr on 1/17/2017. (cchr)
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Filing 396
ORDER granting #393 Motion to appear Pro Hac Vice by Matthew Joseph Porpora for Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, Societa Italiana per lo Sviluppo deli'Elettronica S.p.A., TDF SAS, U.S. Philips Corporation. Signed by District Judge Henry C. Morgan, Jr on 1/17/2017. Copies distributed. (cchr)
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| Filing 395 Motion to appear Pro Hac Vice by Jacob Edwin Hartman and Certification of Local Counsel Charles B. Molster, III Filing fee $ 75, receipt number 0422-5329715. by Dell, Inc.. (Molster, Charles) |
| Filing 394 Motion to appear Pro Hac Vice by Frederick Gaston Hall and Certification of Local Counsel Charles B. Molster, III Filing fee $ 75, receipt number 0422-5328137. by Dell, Inc.. (Molster, Charles) |
| Filing 393 Motion to appear Pro Hac Vice by Matthew Joseph Porpora and Certification of Local Counsel Stephen Edward Noona Filing fee $ 75, receipt number 0422-5327662. by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, Societa Italiana per lo Sviluppo deli'Elettronica S.p.A., TDF SAS, U.S. Philips Corporation. (Noona, Stephen) |
| Filing 392 Declaration re #391 Claim Construction Brief, (of Alexandra Moss) by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, Societa Italiana per lo Sviluppo deli'Elettronica S.p.A., TDF SAS, U.S. Philips Corporation. (Attachments: #1 Exhibit A)(Noona, Stephen) |
| Filing 391 Claim Construction Brief (Plaintiffs' Responsive Markman Brief) to #367 Claim Construction Brief, filed by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, Societa Italiana per lo Sviluppo deli'Elettronica S.p.A., TDF SAS, U.S. Philips Corporation. (Attachments: #1 Appendix A, #2 Appendix B)(Noona, Stephen) |
| Filing 390 MOTION to Withdraw as Attorney and Memorandum in Support of Motion for Leave to Withdraw by Dell, Inc.. (Attachments: #1 Proposed Order Granting Motion to Withdraw)(Rozendaal, John) |
| Filing 389 Claim Construction Brief Dell Inc.'s Responsive Claim Construction Brief to #367 Claim Construction Brief, #368 Claim Construction Brief, filed by Dell, Inc.. (Attachments: #1 Declaration of Dan Schonfeld, #2 Declaration of Aaron M. Panner, #3 Exhibit A, #4 Exhibit B)(Molster, Charles) |
| Filing 388 Sealed Response- PLAINTIFFS MEMORANDUM IN RESPONSE TO DELL INC.S MOTION FOR LEAVE TO FILE RESPONSE re #387 Memorandum in Opposition,. (Noona, Stephen) Modified text on 1/11/2017 (cchr). |
| Filing 387 Memorandum in Opposition re #382 MOTION for Leave to File (Public Version) filed by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, Societa Italiana per lo Sviluppo deli'Elettronica S.p.A., TDF SAS, U.S. Philips Corporation. (Noona, Stephen) |
| Filing 386 Notice of Under Seal Filing LCvR5 (B) by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, Societa Italiana per lo Sviluppo deli'Elettronica S.p.A., TDF SAS, U.S. Philips Corporation re #384 MOTION to Seal Certain Documents (Noona, Stephen) |
| Filing 385 Memorandum in Support re #384 MOTION to Seal Certain Documents filed by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, Societa Italiana per lo Sviluppo deli'Elettronica S.p.A., TDF SAS, U.S. Philips Corporation. (Noona, Stephen) |
| Filing 384 MOTION to Seal Certain Documents by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, Societa Italiana per lo Sviluppo deli'Elettronica S.p.A., TDF SAS, U.S. Philips Corporation. (Attachments: #1 Exhibit 1)(Noona, Stephen) |
| Filing 383 Brief in Support to #380 Order on Motion for Leave to File, #248 MOTION to Dismiss for Failure to State a Claim (Plaintiffs' and Counterclaim Defendants' Motion to Dismiss Dell's Counterclaims and Strike Dell's Seventh Affirmative Defense), #253 MOTION to Bifurcate (Plaintiffs and Counterclaim Defendants' Motion for a Separate Trial and Stay of Dell's Counterclaims I-X and Patent Misuse Affirmative Defense) (Plaintiffs' Supplemental Brief In Further Support Of Their Motions To Dismiss And For A Separate Trial And Stay Of Dell's Counterclaims) filed by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, Societa Italiana per lo Sviluppo deli'Elettronica S.p.A., TDF SAS, U.S. Philips Corporation. (Attachments: #1 Exhibit A)(Noona, Stephen) |
| Filing 382 MOTION for Leave to File (Plaintiffs' Motion and Memorandum In Support Of Motion For Leave To File Supplemental Brief) filed by Dell, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Molster, Charles) Modified on 1/6/2017 to correct docket text, as requested by the filing user, to reflect that Doc. #382 is a Motion (ecav, ). The clerk will re-generate a NEF to all parties to advise of this docket text update. |
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Filing 380
ORDER, entered and filed 1/41/17 GRANTING #378 Motion for Leave to File Supplemental Brief in Support of Motions #248 and #253 , as outlined. (See Order for Specifics) (Signed by District Judge Henry C. Morgan, Jr. on 1/4/17). Copies provided to all parties 1/5/17. (ecav, )
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Filing 379
ORDER, entered and filed 1/4/17, GRANTING #312 Motion to Clarify and Amending the Court's Rule 16(b) Scheduling Order, as outlined. All other dates in the Scheduling Order shall remain unchanged. (See Order for Specifics and dates) (Signed by District Judge Henry C. Morgan, Jr. on 1/4/17). Copies provided to all parties 1/5/17. (ecav, )
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| Filing 378 MOTION for Leave to File (Plaintiffs' Motion and Memorandum In Support Of Motion For Leave To File Supplemental Brief) by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, Societa Italiana per lo Sviluppo deli'Elettronica S.p.A., TDF SAS, U.S. Philips Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Noona, Stephen) |
| Filing 377 NOTICE by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, Societa Italiana per lo Sviluppo deli'Elettronica S.p.A., TDF SAS, U.S. Philips Corporation re #312 MOTION Clarification of Scheduling Order re #296 Scheduling Order, and Memorandum in Support thereof, (of Filing of Proposed Order) (Attachments: #1 Exhibit 1)(Noona, Stephen) |
| Filing 375 TRANSCRIPT of proceedings held on 12-20-2016, before Judge Henry C. Morgan, Jr., Court Reporter/Transcriber Jody Stewart, Telephone number 757-222-7071. NOTICE RE REDACTION OF TRANSCRIPTS:The parties have thirty(30) calendar 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.vaed.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 1/23/2017. Redacted Transcript Deadline set for 2/22/2017. Release of Transcript Restriction set for 3/23/2017.(stewart, jody) |
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Filing 376
ORDER granting #365 Motion to appear Pro Hac Vice by Alexandra Helen Moss for Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, Societa Italiana per lo Sviluppo deli'Elettronica S.p.A., TDF SAS, U.S. Philips Corporation. Signed by District Judge Henry C. Morgan, Jr on 12/22/2016. (cchr)
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| Markman Hearing reset for 1/26/2017 at 11:00 AM in Norfolk Courtroom 2 before District Judge Henry C. Morgan Jr.. (lbax, ) |
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Filing 374
OPINION & ORDER, entered and filed UNDER SEAL, 12/21/16. (Signed by District Judge Henry C. Morgan, Jr. on 12/21/16). Copies provided as directed 12/22/16.(ecav, )
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Filing 373
ORDER granting #363 Motion for Pro hac vice for Collin Randall White as to Dell, Inc. Signed by District Judge Henry C. Morgan, Jr on 12/21/16. (tlev, )
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| Filing 372 NOTICE by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, Societa Italiana per lo Sviluppo deli'Elettronica S.p.A., TDF SAS, U.S. Philips Corporation re #371 Declaration, (Notice of Filing of Additional Exhibits to the Declaration of Alexandra Moss) (Attachments: #1 Exhibit N-1, #2 Exhibit N-2, #3 Exhibit N-3, #4 Exhibit N-4)(Noona, Stephen) |
| Filing 371 Declaration re #368 Claim Construction Brief, (of Alexandra Moss) by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, Societa Italiana per lo Sviluppo deli'Elettronica S.p.A., TDF SAS, U.S. Philips Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M)(Noona, Stephen) |
| Filing 370 Declaration re #368 Claim Construction Brief, (of Stephen T. Pope) by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, Societa Italiana per lo Sviluppo deli'Elettronica S.p.A., TDF SAS, U.S. Philips Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B)(Noona, Stephen) |
| Filing 369 Declaration re #368 Claim Construction Brief, (of Robert C.Maher, Ph.D., P.E.) by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, Societa Italiana per lo Sviluppo deli'Elettronica S.p.A., TDF SAS, U.S. Philips Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B)(Noona, Stephen) |
| Filing 368 Claim Construction Brief (Opening Markman Brief) filed by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, Societa Italiana per lo Sviluppo deli'Elettronica S.p.A., TDF SAS, U.S. Philips Corporation. (Attachments: #1 Appendix A, #2 Appendix B)(Noona, Stephen) |
| Filing 367 Claim Construction Brief filed by Dell, Inc.. (Attachments: #1 Declaration of Joseph Hall, #2 Hall Exhibit A, #3 Declaration of Dan Schonfeld, #4 Schonfeld Exhibit A, #5 Schonfeld Exhibit B, #6 Schonfeld Exhibit C)(Molster, Charles) |
| Filing 365 Motion to appear Pro Hac Vice by Alexandra Helen Moss and Certification of Local Counsel Stephen Edward Noona Filing fee $ 75, receipt number 0422-5303278. by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, Societa Italiana per lo Sviluppo deli'Elettronica S.p.A., TDF SAS, U.S. Philips Corporation. (Noona, Stephen) |
| Filing 366 Motion Hearing before District Judge Henry C. Morgan, Jr. held on 12/20/2016. Appearances: Stephen E. Noona, Marc De Leeuw, and Garrad R. Beeney for the Plaintiffs. Charles B. Molster, III, John Thorne, and Kenneth C. Todd for the Defendants. Hearing held re #312 Plaintiff's Motion for Clarification of Scheduling Order and #321 Defendant's Motion to Transfer Case. Arguments of counsel. The Court DENIED the Motion to Transfer the Case and will issue an order detailing its ruling. The Court GRANTED the Motion to Clarify the Scheduling Order. The parties can supplement their expert reports by 12/28/16. Court adjourned. (Court Reporter Jody Stewart, OCR.)(lbax, ) |
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Filing 364
ORDER, AGREED, GRANTING Plaintiffs' #362 Consent Motion for Leave to File Excess Pages for Briefing Opening Claim Construction Briefs, for good cause shown, as outlined. Entered and filed 12/16/16. (Signed by District Judge Henry C. Morgan, Jr. on 12/16/16). Copies provided 12/16/16. (ecav, )
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| Filing 363 Motion to appear Pro Hac Vice by Collin R. White and Certification of Local Counsel Charles B. Molster, III Filing fee $ 75, receipt number 0422-5296088. by Dell, Inc.. (Molster, Charles) |
| Filing 362 Consent MOTION for Leave to File Excess Pages and Memorandum in Support of Consent Motion for Extension of Page Limit for Opening Claim Construction Briefs by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, TDF SAS, U.S. Philips Corporation. (Attachments: #1 Exhibit 1)(Noona, Stephen) |
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Filing 361
ORDER entered and filed 12/14/16 GRANTING Defendant Dell Inc.'s ("Dell") #351 Motion to File Certain Materials Under Seal, as outlined. THEREFORE, the Motion to Seal (Dkt. 351) is GRANTED and it is ORDERED that: The Clerk is directed to maintain under seal Certain Portions of Dell's Reply and Exhibits. The sealed material shall remain sealed until forty-five (45) days after the final resolution of this matter and then, returned to counsel. (Signed by District Judge Henry C. Morgan, Jr. on 12/14/16). Copies provided to all parties 12/14/16. (ecav, )
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| Motion Hearing as to #312 MOTION for Clarification re #296 Scheduling Order and Memorandum in Support thereof, #321 MOTION to Transfer Case set for 12/20/2016 at 03:30 PM in Norfolk Courtroom 2 before District Judge Henry C. Morgan Jr.. (lbax, ) |
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Filing 360
ORDER entered and filed 12/13/16 GRANTING Plaintiffs and Counterclaim Defendants Audio MPEG, Inc. ("Audio MPEG"), U.S. Philips Corporation ("Philips"), TDF SAS ("TDF"), and Institut Fur Rundfunktechnik GMBH ("IRT"), and Counterclaim Defendant Societa Italiana per lo Sviluppo dell'Elettronica S.p.A. ("SISVEL SpA") (collectively, "Plaintiffs") #341 Motion for Leave to File Certain Documents Under Seal ("Motion to Seal"), as outlined. THEREFORE, the Motion to Seal is GRANTED and it is ORDERED that: The Clerk is directed to maintain under seal the Plaintiffs' Brief and accompanying exhibits. The sealed material shall remain sealed until forty-five (45) days after the final resolution of this matter and then, returned to counsel. (Signed by District Judge Henry C. Morgan, Jr. on 12/13/16). Copies provided to all parties 12/13/16. (ecav, )
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Filing 359
ORDER entered and filed 12/13/16 GRANTING Defendant Dell Inc.'s ("Dell") #304 Motion to File Certain Materials Under Seal, as outlined. WHEREFORE, the Motion is GRANTED, and the Clerk is directed to seal certain portions of Dell's Oppositions and accompanying exhibits. The sealed material shall remain sealed until forty-five (45) days after the final resolution of this matter and then, returned to counsel. (Signed by District Judge Henry C. Morgan, Jr. on 12/13/16). Copies provided to all parties 12/13/16. (ecav, )
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| Filing 358 Request for Hearing by Dell, Inc. re #321 MOTION to Transfer Case (Molster, Charles) |
| Filing 357 Declaration re #356 Response to Motion, (Declaration of Wen-Ying Angela Chang in Support of Plaintiffs' Response to Dell Inc.'s Memorandum in Support of its Motion to File Certain Materials Under Seal Pursuant to LCvR5(c)) by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, Societa Italiana per lo Sviluppo deli'Elettronica S.p.A., TDF SAS, U.S. Philips Corporation. (Noona, Stephen) |
| Filing 356 RESPONSE to Motion re #351 MOTION to Seal Certain Materials Under Seal Pursuant to LCvR5(c) filed by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, Societa Italiana per lo Sviluppo deli'Elettronica S.p.A., TDF SAS, U.S. Philips Corporation. (Attachments: #1 Exhibit 1)(Noona, Stephen) |
| Filing 355 Memorandum in Support re #351 MOTION to Seal Certain Materials Under Seal Pursuant to LCvR5(c) filed by Dell, Inc.. (Molster, Charles) |
| Filing 354 Sealed Exhibits A & B to Declaration in Support of Dell Inc.'s Motion to Transfer re #351 MOTION to Seal Certain Materials Under Seal Pursuant to LCvR5(c). (Attachments: #1 Exhibit, #2 Certificate of Service)(Molster, Charles) |
| Filing 353 Sealed Reply Memorandum in Support of Dell Inc.'s Motion to Transfer re #351 MOTION to Seal Certain Materials Under Seal Pursuant to LCvR5(c). (Molster, Charles) |
| Filing 352 Notice of Filing Sealing Motion LCvR5(C) by Dell, Inc. re #351 MOTION to Seal Certain Materials Under Seal Pursuant to LCvR5(c) (Molster, Charles) |
| Filing 351 MOTION to Seal Certain Materials Under Seal Pursuant to LCvR5(c) by Dell, Inc.. (Attachments: #1 Proposed Order)(Molster, Charles) |
| Filing 350 Declaration re #349 Reply to Response to Motion to Transfer Case by Dell, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Certificate of Service)(Molster, Charles) |
| Filing 349 REPLY to Response to Motion re #321 MOTION to Transfer Case filed by Dell, Inc.. (Molster, Charles) |
| Filing 348 Sealed Attachment/Exhibit(s) re #346 Declaration,, #341 MOTION to Seal (Plaintiffs' Motion for Leave to File Certain Documents Under Seal). (Attachments: #1 Exhibit B, #2 Exhibit C, #3 Exhibit D, #4 Exhibit E, #5 Exhibit F, #6 Exhibit G, #7 Exhibit H, #8 Exhibit I, #9 Exhibit J, #10 Exhibit K, #11 Exhibit M, #12 Exhibit N, #13 Exhibit O)(Noona, Stephen) |
| Filing 347 Sealed Response/Reply/Opposition re #341 MOTION to Seal (Plaintiffs' Motion for Leave to File Certain Documents Under Seal), #345 Memorandum in Opposition,. (Noona, Stephen) |
| Filing 346 Declaration re #345 Memorandum in Opposition, (Declaration of Michael P. Devlin) by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, Societa Italiana per lo Sviluppo deli'Elettronica S.p.A., TDF SAS, U.S. Philips Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O)(Noona, Stephen) |
| Filing 345 Memorandum in Opposition re #321 MOTION to Transfer Case (Public Version) filed by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, Societa Italiana per lo Sviluppo deli'Elettronica S.p.A., TDF SAS, U.S. Philips Corporation. (Noona, Stephen) |
| Filing 344 Declaration re #342 Memorandum in Support, (Declaration of Michael P. Devlin in Support of Plaintiffs' Motion for Leave to File Certain Documents Under Seal) by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, Societa Italiana per lo Sviluppo deli'Elettronica S.p.A., TDF SAS, U.S. Philips Corporation. (Noona, Stephen) |
| Filing 343 Notice of Under Seal Filing LCvR5 (B) by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, Societa Italiana per lo Sviluppo deli'Elettronica S.p.A., TDF SAS, U.S. Philips Corporation re #341 MOTION to Seal (Plaintiffs' Motion for Leave to File Certain Documents Under Seal) (Noona, Stephen) |
| Filing 342 Memorandum in Support re #341 MOTION to Seal (Plaintiffs' Motion for Leave to File Certain Documents Under Seal) filed by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, Societa Italiana per lo Sviluppo deli'Elettronica S.p.A., TDF SAS, U.S. Philips Corporation. (Noona, Stephen) |
| Filing 341 MOTION to Seal (Plaintiffs' Motion for Leave to File Certain Documents Under Seal) by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, Societa Italiana per lo Sviluppo deli'Elettronica S.p.A., TDF SAS, U.S. Philips Corporation. (Attachments: #1 Exhibit 1)(Noona, Stephen) |
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Filing 340
ORDER, AGREED, GRANTING #316 Joint Motion to Modify Briefing Schedule Regarding Motion to Dismiss and Strike, Motion for Separate Trial and Stay, and Related Motions and Exhibits. Upon consideration of this Agreed Order, and the agreement of the Parties, it is hereby ORDERED that the briefing schedule for the above-referenced Motions and related filings shall be modified as detailed in this Agreed Order, nunc pro tunc. (Signed by District Judge Henry C. Morgan, Jr. on 11/14/16). Copies provided 11/15/16. (ecav, )
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Filing 339
ORDER GRANTING Dell Inc.'s #324 Motion to Seal, as outlined. Entered and filed 11/14/15. (Signed by District Judge Henry C. Morgan, Jr. on 11/14/16). Copies provided 11/15/16. (ecav, ) Modified on 11/15/2016 to correct linkage to proper motion (ecav, ).
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Filing 338
ORDER GRANTING Plaintiffs' #330 Motion to Seal, as outlined. Entered and filed 11/14/16. (Signed by District Judge Henry C. Morgan, Jr. on 11/14/16). Copies provided 11/15/16. (ecav, )
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| Filing 337 Sealed Attachment/Exhibit(s) re #335 Declaration, #330 MOTION to Seal Certain Documents. (Attachments: #1 Exhibit C, #2 Exhibit D)(Noona, Stephen) |
| Filing 336 Sealed Response/Reply/Opposition re #334 Reply to Response to Motion, #330 MOTION to Seal Certain Documents. (Noona, Stephen) |
| Filing 335 Declaration re #334 Reply to Response to Motion, (of Michael P. Devlin) by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, Societa Italiana per lo Sviluppo deli'Elettronica S.p.A., TDF SAS, U.S. Philips Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C (Public Version), #4 Exhibit D (Public Version))(Noona, Stephen) |
| Filing 334 REPLY to Response to Motion re #248 MOTION to Dismiss for Failure to State a Claim (Plaintiffs' and Counterclaim Defendants' Motion to Dismiss Dell's Counterclaims and Strike Dell's Seventh Affirmative Defense) (Public Version) filed by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, Societa Italiana per lo Sviluppo deli'Elettronica S.p.A., TDF SAS, U.S. Philips Corporation. (Attachments: #1 Appendix A, #2 Appendix B)(Noona, Stephen) |
| Filing 333 Declaration re #331 Memorandum in Support, (of Michael P. Devlin) by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, Societa Italiana per lo Sviluppo deli'Elettronica S.p.A., TDF SAS, U.S. Philips Corporation. (Noona, Stephen) |
| Filing 332 Notice of Filing Sealing Motion LCvR5(C) by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, Societa Italiana per lo Sviluppo deli'Elettronica S.p.A., TDF SAS, U.S. Philips Corporation re #330 MOTION to Seal Certain Documents (Noona, Stephen) |
| Filing 331 Memorandum in Support re #330 MOTION to Seal Certain Documents filed by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, Societa Italiana per lo Sviluppo deli'Elettronica S.p.A., TDF SAS, U.S. Philips Corporation. (Noona, Stephen) |
| Filing 330 MOTION to Seal Certain Documents by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, Societa Italiana per lo Sviluppo deli'Elettronica S.p.A., TDF SAS, U.S. Philips Corporation. (Attachments: #1 Exhibit 1)(Noona, Stephen) |
| Filing 329 REPLY to Response to Motion re #253 MOTION to Bifurcate (Plaintiffs and Counterclaim Defendants' Motion for a Separate Trial and Stay of Dell's Counterclaims I-X and Patent Misuse Affirmative Defense) filed by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, Societa Italiana per lo Sviluppo deli'Elettronica S.p.A., TDF SAS, U.S. Philips Corporation. (Noona, Stephen) |
| Filing 328 Memorandum in Support re #324 MOTION to Seal Certain Materials Under Seal Pursuant to LCvR5(c) filed by Dell, Inc.. (Molster, Charles) |
| Filing 327 Sealed Exhibits to Declaration in Support of Motion to Transfer re #324 MOTION to Seal Certain Materials Under Seal Pursuant to LCvR5(c). (Attachments: #1 Exhibit B, #2 Exhibit C, #3 Exhibit D, #4 Exhibit E, #5 Exhibit F, #6 Exhibit G, #7 Exhibit I, #8 Exhibit J, #9 Certificate of Service)(Molster, Charles) |
| Filing 326 Sealed Memorandum in Support of Defendant Dell Inc.'s Motion to Transfer re #324 MOTION to Seal Certain Materials Under Seal Pursuant to LCvR5(c). (Molster, Charles) |
| Filing 325 Notice of Filing Sealing Motion LCvR5(C) by Dell, Inc. re #324 MOTION to Seal Certain Materials Under Seal Pursuant to LCvR5(c) (Molster, Charles) |
| Filing 324 MOTION to Seal Certain Materials Under Seal Pursuant to LCvR5(c) by Dell, Inc.. (Attachments: #1 Proposed Order)(Molster, Charles) Modified on 11/15/2016 to remove the Gavel from Mo. 324. (ecav, ). |
| Filing 323 Declaration re #321 MOTION to Transfer Case by Dell, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Certificate of Service)(Molster, Charles) |
| Filing 322 Memorandum in Support re #321 MOTION to Transfer Case (Redacted) filed by Dell, Inc.. (Molster, Charles) |
| Filing 321 MOTION to Transfer Case by Dell, Inc.. (Attachments: #1 Proposed Order)(Molster, Charles) Modified on 12/22/2016 to remove the gavel from Doc. 321. Sealed Opinion & Order entered and filed 12/21/16 takes care of Doc. 321. (ecav). |
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Filing 320
AGREED ORDER entered and filed 11/4/16 GRANTING Plaintiffs' #313 Consent Motion to Expedite Briefing on the Plaintiffs' #312 Motion for Clarification of Scheduling Order. The following briefing schedule shall apply to the Motion for Clarification: Defendant will respond to the Motion for Clarification on or before 5 p.m. ET on October 31, 2016; and Plaintiffs will file their reply in response in Support of the Motion on or before November 1, 2016. (Signed by District Judge Henry C. Morgan, Jr on 11/4/16). Copies provided 11/4/16. (ecav, ) Modified on 11/14/2016 to correct linkage to the proper motion that this Agreed Order relates to (ecav, ).
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| Filing 319 Declaration re #318 Response to Motion, of Michael P. Devlin by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, Societa Italiana per lo Sviluppo deli'Elettronica S.p.A., TDF SAS, U.S. Philips Corporation. (Noona, Stephen) |
| Filing 318 RESPONSE to Motion re #304 MOTION to Seal Certain Materials Pursuant to LCvR5(c) filed by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, Societa Italiana per lo Sviluppo deli'Elettronica S.p.A., TDF SAS, U.S. Philips Corporation. (Attachments: #1 Exhibit 1)(Noona, Stephen) |
| Filing 317 REPLY to Response to Motion re #312 MOTION Clarification of Scheduling Order re #296 Scheduling Order, and Memorandum in Support thereof, (Plaintiffs Reply Memorandum In Support Of Motion For Clarification Of Scheduling Order) filed by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, Societa Italiana per lo Sviluppo deli'Elettronica S.p.A., TDF SAS, U.S. Philips Corporation. (Noona, Stephen) |
| Filing 316 Joint MOTION for Leave to File Out of Time by Dell, Inc., as to #302 , #303 , #304 , #305 , #306 , #307 , #308 , #309 , #310 . (Attachments: #1 Proposed Order)(Molster, Charles) Modified on 11/2/2016 to create linkage as to motions for which leave of court applies (ecav, ). |
| Filing 315 CERTIFICATE of Service re #314 Response to Motion by Charles Bennett Molster, III on behalf of Dell, Inc. (Molster, Charles) |
| Notice of Correction re #314 Response to Motion. Doc. #314 does not contain a Certificate of Service. The filing user is now required to file a Certificate of Service ONLY - and NOT refile the entire document. The filing user is to link the Certificate of Service back to Doc. #314 . All parties have been notified of this Notice of Correction. (ecav, ) |
| Notice of Correction re #305 Notice of Filing Sealing Motion LCvR5(C), #304 MOTION to Seal Certain Materials Pursuant to LCvR5(c), #303 Opposition, #309 Sealed Attachment/Exhibit(s), #302 Opposition, #306 Sealed Response/Reply/Opposition, #310 Memorandum in Support, #308 Sealed Response/Reply/Opposition, #307 Sealed Attachment/Exhibit(s). The filing user of the above documents is required to seek leave of court to file the above documents by filing a Motion for Leave to File Out of Time, linking same back to each of the documents above. All parties have been notified of this Notice of Correction. (ecav, ) |
| Filing 314 RESPONSE to Motion re #312 MOTION Clarification of Scheduling Order re #296 Scheduling Order, and Memorandum in Support thereof, filed by Dell, Inc.. (Molster, Charles) |
| Filing 313 Consent MOTION to Expedite (Plaintiffs' Consent Motion and Memorandum in Support of Consent Motion to Expedite Briefing on Motion for Clarification of Scheduling Order) by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, Societa Italiana per lo Sviluppo deli'Elettronica S.p.A., TDF SAS, U.S. Philips Corporation. (Attachments: #1 Exhibit 1)(Noona, Stephen) Modified on 11/14/2016 to remove the gavel from Motion #313 (Agreed Order #320 took care of Motion 313) (ecav, ). |
| Final Pretrial Conference reset for 3/20/2017 at 02:30 PM in Norfolk Courtroom 2 before District Judge Henry C. Morgan Jr.. (lbax, ) |
| Jury Trial RESET for 4/5/2017 at 10:00 AM in Norfolk Courtroom 2 before District Judge Henry C. Morgan Jr.. (lbax, ) |
| Filing 312 MOTION Clarification of Scheduling Order re #296 Scheduling Order, and Memorandum in Support thereof, by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, Societa Italiana per lo Sviluppo deli'Elettronica S.p.A., TDF SAS, U.S. Philips Corporation. (Attachments: #1 Exhibit A)(Noona, Stephen) Modified on 11/14/2016 to put the Gavel back on Motion [312}, which is still a pending motion. (ecav, ). |
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Filing 311
OPINION & ORDER entered and filed 10/25/16: A hearing on Plaintiffs' Motion to Disqualify Winston & Strawn LLP ("Motion to Disqualify"), Doc. #233 , and Plaintiffs and Third Party Defendant's Motion for Protective Order to Adjourn the August 24, 2016 Deposition of Aleks Mehrle ("Motion for Protective Order"),Doc. #223 , was conducted on September 7, 2016. At the conclusion of the hearing, the Court GRANTED the Motion to Disqualify, Doc. #233 , and ORDERED Winston & Strawn LLP ("W&S") disqualified from representing Defendant Dell ("Dell") effective September 7, 2016. The Court now supplements its ruling with this Opinion and Order and DENIES the Motion forProtective Order, Doc. #223 , as MOOT, as outlined. Winston & Strawn LLP is ORDERED disqualified from representing Dell effective upon the hearing date ofSeptember 7, 2016. The difficulties inherent in substituting counsel at this stage of the proceeding compel the Court to postpone all scheduled discovery deadlines for not less than thirty-four (34) or more than sixty (60) days and postpone the scheduled trial date until March 28, 2017. (See Opinion & Order and Foot Notes for Specifics) (Signed by District Judge Henry C. Morgan, Jr. on 10/25/16). Copies provided as directed 10/25/16.(ecav, )
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| Filing 310 Memorandum in Support re #304 MOTION to Seal Certain Materials Pursuant to LCvR5(c) filed by Dell, Inc.. (Molster, Charles) |
| Filing 309 Sealed Exhibit In Support Of Opposition to Motion to Dismiss Dell's Counterclaims and Strike Dell's Seventh Affirmative Defense re #304 MOTION to Seal Certain Materials Pursuant to LCvR5(c). (Attachments: #1 Certificate of Service)(Molster, Charles) |
| Filing 308 Sealed Opposition to Motion to Dismiss Dell's Counterclaims and Strike Dell's Seventh Affirmative Defense re #304 MOTION to Seal Certain Materials Pursuant to LCvR5(c). (Molster, Charles) |
| Filing 307 Sealed Exhibits In Support Of Opposition to Motion for Separate Trial and Stay of Counterclaims I-X and Dell's Patent Misuse Defense re #304 MOTION to Seal Certain Materials Pursuant to LCvR5(c). (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Certificate of Service)(Molster, Charles) |
| Filing 306 Sealed Opposition to Motion for Separate Trial and Stay of Counterclaims I-X and Dell's Patent Misuse Defense re #304 MOTION to Seal Certain Materials Pursuant to LCvR5(c). (Molster, Charles) |
| Filing 305 Notice of Filing Sealing Motion LCvR5(C) by Dell, Inc. re #304 MOTION to Seal Certain Materials Pursuant to LCvR5(c) (Molster, Charles) |
| Filing 304 MOTION to Seal Certain Materials Pursuant to LCvR5(c) by Dell, Inc.. (Attachments: #1 Proposed Order)(Molster, Charles) Modified on 11/15/2016 to place Gavel back on Motion #304 (Mo. 304 still pending per Chambers) (ecav, ). |
| Filing 303 Opposition to #248 MOTION to Dismiss for Failure to State a Claim (Plaintiffs' and Counterclaim Defendants' Motion to Dismiss Dell's Counterclaims and Strike Dell's Seventh Affirmative Defense) (Redacted) filed by Dell, Inc.. (Attachments: #1 Declaration, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F)(Molster, Charles) |
| Filing 302 Opposition to #253 MOTION to Bifurcate (Plaintiffs and Counterclaim Defendants' Motion for a Separate Trial and Stay of Dell's Counterclaims I-X and Patent Misuse Affirmative Defense) filed by Dell, Inc.. (Attachments: #1 Declaration, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H)(Molster, Charles) |
| Filing 301 Response to #299 Request for Hearing, #300 Request for Hearing, filed by Dell, Inc.. (Molster, Charles) |
| Filing 300 Request for Hearing by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, Societa Italiana per lo Sviluppo deli'Elettronica S.p.A., TDF SAS, U.S. Philips Corporation re #253 MOTION to Bifurcate (Plaintiffs and Counterclaim Defendants' Motion for a Separate Trial and Stay of Dell's Counterclaims I-X and Patent Misuse Affirmative Defense) (Noona, Stephen) |
| Filing 299 Request for Hearing by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, Societa Italiana per lo Sviluppo deli'Elettronica S.p.A., TDF SAS, U.S. Philips Corporation re #248 MOTION to Dismiss for Failure to State a Claim (Plaintiffs' and Counterclaim Defendants' Motion to Dismiss Dell's Counterclaims and Strike Dell's Seventh Affirmative Defense) (Noona, Stephen) |
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Filing 298
ORDER granting #284 Motion for Pro hac vice for Marc De Leeuw as to Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, Societa Italiana per lo Sviluppo deli'Elettronica S.p.A., TDF SAS and U.S. Philips Corporation. Signed by District Judge Henry C. Morgan, Jr on 10/6/16. (tlev, )
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Filing 297
ORDER granting #283 Motion for Pro hac vice for Kenneth Christy Todd as to Dell, Inc.. Signed by District Judge Henry C. Morgan, Jr on 10/6/16. (tlev, )
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Filing 296
AMENDED RULE 16(b) SCHEDULING ORDER: Final Pretrial Conference set for 3/16/2017 at 11:00 AM in Norfolk Courtroom 2; Jury Trial set for 3/28/2017 at 10:00 AM in Norfolk Courtroom 2; Markman hearing set for 1/26/17 at 2:30 p.m. in Norfolk Courtroom 2. Signed by District Judge Henry C. Morgan, Jr. on 10/2/16 and filed 10/3/16. (lbax, )
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| Markman Hearing reset for 1/26/2017 at 02:30 PM in Norfolk Courtroom 2 before District Judge Henry C. Morgan Jr.. (lbax, ) |
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Filing 295
ORDER granting #273 Motion for Pro hac vice for John Thorne as to Dell, Inc. Signed by District Judge Henry C. Morgan, Jr on 9/19/16. (tlev, )
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Filing 294
ORDER granting #279 Motion for Pro hac vice for Joseph Solomon Hall as to Dell, Inc. Signed by District Judge Henry C. Morgan, Jr on 9/19/16. (tlev, )
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Filing 293
ORDER granting #282 Motion for Pro hac vice for Benjamin Julius Gottesman as to Dell, Inc. Signed by District Judge Henry C. Morgan, Jr on 9/19/16. (tlev, )
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Filing 292
ORDER granting #281 Motion for Pro hac vice for Nicholas Hunter as to Dell, Inc. Signed by District Judge Henry C. Morgan, Jr on 9/19/16. (tlev, )
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Filing 291
ORDER granting #280 Motion for Pro hac vice for William Conyngham as to Dell, Inc. Signed by District Judge Henry C. Morgan, Jr on 9/19/16. (tlev, )
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Filing 290
ORDER granting #275 Motion for Pro hac vice for Aaron Martin Panner as to Dell, Inc. Signed by District Judge Henry C. Morgan, Jr on 9/19/16. (tlev, )
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Filing 289
ORDER granting #277 Motion for Pro hac vice for Geoffrey Morris Klineberg as to Dell, Inc. Signed by District Judge Henry C. Morgan, Jr on 9/19/16. (tlev, )
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Filing 288
ORDER granting #276 Motion for Pro hac vice for Derek Tam Ho as to Dell, Inc. Signed by District Judge Henry C. Morgan, Jr on 9/19/16. (tlev, )
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Filing 287
ORDER granting #278 Motion for Pro hac vice for James McCormick Webster, III as to Dell, Inc. Signed by District Judge Henry C. Morgan, Jr on 9/19/16. (tlev, )
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| Filing 286 NOTICE by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, Societa Italiana per lo Sviluppo deli'Elettronica S.p.A., TDF SAS, U.S. Philips Corporation re #285 NOTICE, Notice of Filing of Amended Consent (Attachments: #1 Exhibit 1)(Noona, Stephen) |
| Filing 285 NOTICE by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, Societa Italiana per lo Sviluppo deli'Elettronica S.p.A., TDF SAS, U.S. Philips Corporation (of Consent for Allowing Charles B. Molster, III, Esq. and The Law Offices of Charles B. Molster, III PLLC, to continue representing Dell Inc. in this Matter) (Attachments: #1 Exhibit 1)(Noona, Stephen) |
| Filing 284 Motion to appear Pro Hac Vice by Marc De Leeuw and Certification of Local Counsel Stephen Edward Noona by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, Societa Italiana per lo Sviluppo deli'Elettronica S.p.A., TDF SAS, U.S. Philips Corporation. (Noona, Stephen) |
| Filing 283 Motion to appear Pro Hac Vice by Kenneth Christy Todd and Certification of Local Counsel Charles B. Molster, III by Dell, Inc.. (Molster, Charles) |
| Notice of Correction re #270 Motion to appear Pro Hac Vice by Marc De Leeuw and Certification of Local Counsel Stephen Edward Noona Filing fee $ 75, receipt number 0422-5160429: Each party represented should be listed on the motion. Counsel should re-file the motion with the above correction. Counsel should not pay a second fee. (tlev, ) |
| Notice of Correction re #274 Motion to appear Pro Hac Vice by Kenneth Christy Todd and Certification of Local Counsel Charles B. Molster, III Filing fee $ 75, receipt number 0422-5162899: The signature block on the motion must contain the true signature of the applicant. Counsel should re-file the motion with the corrected information. Counsel should not pay a second fee. (tlev, ) |
| Filing 282 Motion to appear Pro Hac Vice by Benjamin Julius Gottesman and Certification of Local Counsel Charles B. Molster, III Filing fee $ 75, receipt number 0422-5162908. by Dell, Inc.. (Molster, Charles) |
| Filing 281 Motion to appear Pro Hac Vice by Nicholas Hunter and Certification of Local Counsel Charles B. Molster, III Filing fee $ 75, receipt number 0422-5162907. by Dell, Inc.. (Molster, Charles) |
| Filing 280 Motion to appear Pro Hac Vice by William Conyngham and Certification of Local Counsel Charles B. Molster, III Filing fee $ 75, receipt number 0422-5162906. by Dell, Inc.. (Molster, Charles) |
| Filing 279 Motion to appear Pro Hac Vice by Joseph Solomon Hall and Certification of Local Counsel Charles B. Molster, III Filing fee $ 75, receipt number 0422-5162904. by Dell, Inc.. (Molster, Charles) |
| Filing 278 Motion to appear Pro Hac Vice by James McCormick Webster, III and Certification of Local Counsel Charles B. Molster, III Filing fee $ 75, receipt number 0422-5162903. by Dell, Inc.. (Molster, Charles) |
| Filing 277 Motion to appear Pro Hac Vice by Geoffrey Morris Klineberg and Certification of Local Counsel Charles B. Molster, III Filing fee $ 75, receipt number 0422-5162902. by Dell, Inc.. (Molster, Charles) |
| Filing 276 Motion to appear Pro Hac Vice by Derek Tam Ho and Certification of Local Counsel Charles B. Molster, III Filing fee $ 75, receipt number 0422-5162901. by Dell, Inc.. (Molster, Charles) |
| Filing 275 Motion to appear Pro Hac Vice by Aaron Martin Panner and Certification of Local Counsel Charles B. Molster, III Filing fee $ 75, receipt number 0422-5162900. by Dell, Inc.. (Molster, Charles) |
| Filing 274 Motion to appear Pro Hac Vice by Kenneth Christy Todd and Certification of Local Counsel Charles B. Molster, III Filing fee $ 75, receipt number 0422-5162899. by Dell, Inc.. (Molster, Charles) |
| Filing 273 Motion to appear Pro Hac Vice by John Thorne and Certification of Local Counsel Charles B. Molster, III Filing fee $ 75, receipt number 0422-5162898. by Dell, Inc.. (Molster, Charles) |
| Filing 272 NOTICE of Appearance by John Christopher Rozendaal on behalf of Dell, Inc. (Rozendaal, John) |
| Filing 271 TRANSCRIPT of proceedings held on 9-7-2016, before Judge Henry C. Morgan, Jr., Court Reporter/Transcriber Nancy Crane, Telephone number 757-625-6695. NOTICE RE REDACTION OF TRANSCRIPTS:The parties have thirty(30) calendar 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.vaed.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 10/14/2016. Redacted Transcript Deadline set for 11/14/2016. Release of Transcript Restriction set for 12/13/2016.(stewart, jody) |
| Filing 270 Motion to appear Pro Hac Vice by Marc De Leeuw and Certification of Local Counsel Stephen Edward Noona Filing fee $ 75, receipt number 0422-5160429. by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, Societa Italiana per lo Sviluppo deli'Elettronica S.p.A., TDF SAS, U.S. Philips Corporation. (Noona, Stephen) |
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Filing 269
ORDER entered and filed 9/9/16 GRANTING Defendant Dell Inc.'s #258 Motion to File Certain Portions of Kathleen B. Barry's Declaration Under Seal, as outlined. (Signed by Magistrate Judge Robert J. Krask on 9/9/16). The Clerk is directed to seal certain portions of Ms. Barry's Declaration and accompanying exhibits. The sealed material shall remain sealed until forty-five (45) days after the final resolution of this matter and then, returned to counsel. (See Order for Specifics) (Signed by Magistrate Judge Krask 9/9/16). Copies provided 9/9/16. (ecav, )
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| Filing 268 Minute Entry for proceedings held before District Judge Henry C. Morgan, Jr.: Appearances: Stephen E. Noona, Marc De Leeuw, and Garrad R. Beeney for the Plaintiffs. Charles B. Molster, III, Kimball R. Anderson, Mark Vockell, Sheila Kadura, and Steven M. Collins for the Defendants. Hearing held re #233 Plaintiff's Motion to Disqualify Winston & Strawn LLP. Garrard Beeney of Sullivan& Cromwell LLP argued for the Plaintiff. Kimball Anderson of Winston & Strawn LLP argued the motion for Defendant Dell, Inc. The Court called Steven Anzalone as a witness and questioned him on the record about his prior representation of the Plaintiffs. Rebuttal arguments heard. For the reasons stated on the record, the Court GRANTS the Motion to Disqualify Winston & Strawn LLP from this case. The court will delay all of the dates that are presently scheduled for a period of not less than 34 but no more than 60 days. The new trial date will be not more than 60 days after the currently scheduled trial date and counsel are to contact Lori Baxter to set a new trial date. The Court will publish an opinion explaining in more detail its ruling. (Court Reporter Nancy Crane, Yost Associates.)(lbax, ) |
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Filing 267
ORDER GRANTING Plaintiff's and Counterclaim Defendants Audio MPEG, Inc. ("Audio MPEG"), U.S. Philips Corporation ("Philips"), TDF SAS ("TDF"), and Institut Fur Rundfunktechnik GMBH ("IRT"), and Counterclaim Defendant Societa Italiana per lo Sviluppo dell'Elettronica S.p.A. ("SISVEL SpA") (collectively, "Plaintiffs") #245 Motion for Leave to File Certain Documents Under Seal ("Motion to Seal") pursuant to Local Civil Rule 5 to seal the following document, which was electronically filed under seal on August 26, 2016: portions of Plaintiffs' Memorandum of Law in Support of their Motion to Dismiss Dell's Counterclaims and Strike Dell's Seventh Affirmative Defense ("Plaintiffs'Brief"), as outlined. The Clerk is directed to maintain under seal the Plaintiff's Brief. The sealed material shall remain sealed until forty-five (45) days after the final resolution of this matter and then, returned to counsel. (See Order for Specifics) (Signed by Magistrate Judge Robert J. Krask on 9/7/16). Copies provided to all parties 9/7/16. (ecav, )
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| Filing 266 EXHIBIT A to #265 Notice of Supplemental Authority by Dell, Inc.(Molster, Charles) Modified on 9/6/2016 to create linkage between Doc. #266 and Doc. #265 because the filing user failed to attached Doc. #266 to doc. #265 (ecav). |
| Filing 265 NOTICE by Dell, Inc. of Supplemental Authority (Molster, Charles) |
| Filing 264 Declaration re #263 Reply to Response to Motion, (Reply Declaration of Garrard Beeney) by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, Societa Italiana per lo Sviluppo deli'Elettronica S.p.A., TDF SAS, U.S. Philips Corporation. (Attachments: #1 Exhibit X, #2 Exhibit Y, #3 Exhibit Z, #4 Exhibit AA, #5 Exhibit BB, #6 Exhibit CC, #7 Exhibit DD, #8 Exhibit EE)(Noona, Stephen) |
| Filing 263 REPLY to Response to Motion re #233 MOTION to Disqualify Counsel (Plaintiffs Motion To Disqualify Winston & Strawn LLP) filed by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, Societa Italiana per lo Sviluppo deli'Elettronica S.p.A., TDF SAS, U.S. Philips Corporation. (Attachments: #1 Appendix A, #2 Appendix B)(Noona, Stephen) |
| Filing 262 CERTIFICATE of Service re #260 Sealed Attachment/Exhibit(s), #261 Declaration,, by Charles Bennett Molster, III on behalf of Dell, Inc. (Molster, Charles) |
| Notice of Correction re #260 Sealed Attachment/Exhibit(s), #261 Declaration. Documents 260 and 261 do not contain a Certificate of Service. The filing user is to file ONE (1) Certificate of Service (not the entire pleadings again) and link the ONE Certificate of Service back to Docs. 260 and 261. All parties have been notified of this Notice of Correction. (ecav, ) |
| Filing 261 Declaration re #256 Response in Opposition to Motion, Declaration of Kathleen B. Barry in Support of Dells Opposition to Plaintiffs Motion to Disqualify [PUBLIC VERSION] by Dell, Inc.. (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)(Molster, Charles) |
| Filing 260 Sealed Attachment/Exhibit(s) re #256 Response in Opposition to Motion, Under Seal Declaration of Kathleen B. Barry in Support of Dells Opposition to Plaintiffs Motion to Disqualify. (Attachments: #1 Exhibit 4, #2 Exhibit 5, #3 Exhibit 7)(Molster, Charles) |
| Filing 259 Memorandum in Support re #258 MOTION to Seal Dell Inc.s Brief in Support of its Motion to File Certain Portions of Kathleen B. Barrys Declaration Under Seal filed by Dell, Inc.. (Molster, Charles) |
| Filing 258 MOTION to Seal by Dell, Inc.. (Attachments: #1 Proposed Order)(Molster, Charles) |
| Filing 257 Notice of Filing Sealing Motion LCvR5(C) by Dell, Inc. (Molster, Charles) |
| Filing 256 RESPONSE in Opposition re #233 MOTION to Disqualify Counsel (Plaintiffs Motion To Disqualify Winston & Strawn LLP) filed by Dell, Inc.. (Attachments: #1 Affidavit Prof. Rutherglen, #2 Affidavit Wolfram, #3 Affidavit Vockell, #4 Affidavit Anderson, #5 Affidavit Cleveland, #6 Affidavit Duncan, #7 Affidavit Anzalone, #8 Affidavit Kuo, #9 Exhibit 1, #10 Exhibit 2, #11 Exhibit 3)(Molster, Charles) |
| Filing 255 Declaration re #254 Memorandum in Support, (of Michael P. Devlin) by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, Societa Italiana per lo Sviluppo deli'Elettronica S.p.A., TDF SAS, U.S. Philips Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q)(Noona, Stephen) |
| Filing 254 Memorandum in Support re #253 MOTION to Bifurcate (Plaintiffs and Counterclaim Defendants' Motion for a Separate Trial and Stay of Dell's Counterclaims I-X and Patent Misuse Affirmative Defense) filed by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, Societa Italiana per lo Sviluppo deli'Elettronica S.p.A., TDF SAS, U.S. Philips Corporation. (Noona, Stephen) |
| Filing 253 MOTION to Bifurcate (Plaintiffs and Counterclaim Defendants' Motion for a Separate Trial and Stay of Dell's Counterclaims I-X and Patent Misuse Affirmative Defense) by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, Societa Italiana per lo Sviluppo deli'Elettronica S.p.A., TDF SAS, U.S. Philips Corporation. (Attachments: #1 Exhibit 1)(Noona, Stephen) |
| Filing 252 Sealed Memorandum in Support re #245 MOTION to Seal Certain Documents, #249 Memorandum in Support,. (Noona, Stephen) |
| Filing 251 Declaration re #249 Memorandum in Support, (of Michael P. Devlin) by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, Societa Italiana per lo Sviluppo deli'Elettronica S.p.A., TDF SAS, U.S. Philips Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R)(Noona, Stephen) |
| Filing 250 NOTICE by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, Societa Italiana per lo Sviluppo deli'Elettronica S.p.A., TDF SAS, U.S. Philips Corporation re #249 Memorandum in Support, (Notice of Filing of Appendices A and B to Public Version of Memorandum in Support of Plaintiffs' and Counterclaim Defendants' Motion to Dismiss Dell's Counterclaims and Strike Dell's Seventh Affirmative Defense) (Attachments: #1 Appendix A, #2 Appendix B)(Noona, Stephen) |
| Filing 249 Memorandum in Support re #248 MOTION to Dismiss for Failure to State a Claim (Plaintiffs' and Counterclaim Defendants' Motion to Dismiss Dell's Counterclaims and Strike Dell's Seventh Affirmative Defense) filed by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, Societa Italiana per lo Sviluppo deli'Elettronica S.p.A., TDF SAS, U.S. Philips Corporation. (Noona, Stephen) |
| Filing 248 MOTION to Dismiss for Failure to State a Claim (Plaintiffs' and Counterclaim Defendants' Motion to Dismiss Dell's Counterclaims and Strike Dell's Seventh Affirmative Defense) by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, Societa Italiana per lo Sviluppo deli'Elettronica S.p.A., TDF SAS, U.S. Philips Corporation. (Attachments: #1 Exhibit 1)(Noona, Stephen) |
| Filing 247 Notice of Under Seal Filing LCvR5 (B) by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, Societa Italiana per lo Sviluppo deli'Elettronica S.p.A., TDF SAS, U.S. Philips Corporation re #245 MOTION to Seal Certain Documents (Noona, Stephen) |
| Filing 246 Memorandum in Support re #245 MOTION to Seal Certain Documents filed by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, Societa Italiana per lo Sviluppo deli'Elettronica S.p.A., TDF SAS, U.S. Philips Corporation. (Noona, Stephen) |
| Filing 245 MOTION to Seal Certain Documents by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, Societa Italiana per lo Sviluppo deli'Elettronica S.p.A., TDF SAS, U.S. Philips Corporation. (Attachments: #1 Exhibit 1)(Noona, Stephen) |
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Filing 244
ORDER entered and filed 8/26/16 GRANTING Plaintiff's #236 Motion to Stay Discovery pending the Court's resolution of plaintiffs' motion to disqualify Winston & Strawn LLP #236 . Defendant filed an opposition to the motion on August 25, 2016. ECF No. #242 . After consideration of the motion, and for good cause shown, plaintiffs' motion to stay discovery is GRANTED and discovery is STAYED until the resolution of plaintiffs' motion to disqualify Winston & Strawn LLP, or until further order of this Court. (Signed by Magistrate Judge Robert J. Krask on 8/26/16). Copies provided as directed 8/26/16. (ecav, )
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| Filing 243 REPLY to Response to Motion re #236 MOTION to Stay (Plaintiffs Motion To Stay Discovery Pending The Courts Resolution Of Their Motion To Disqualify Winston & Strawn LLP) filed by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, Societa Italiana per lo Sviluppo deli'Elettronica S.p.A., TDF SAS, U.S. Philips Corporation. (Noona, Stephen) |
| Filing 242 Opposition to #236 MOTION to Stay (Plaintiffs Motion To Stay Discovery Pending The Courts Resolution Of Their Motion To Disqualify Winston & Strawn LLP) filed by Dell, Inc.. (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)(Molster, Charles) |
| Motion Hearing as to #223 MOTION Plaintiffs' and Third Party Defendants Motion For a Protective Order to Adjourn the August 24, 2016 Deposition of Aleks Mehrle, #233 MOTION Plaintiffs Motion To Disqualify Winston & Strawn LLP set for 9/7/2016 at 11:00 AM in Norfolk Courtroom 2 before District Judge Henry C. Morgan Jr.. (lbax, ) |
| Filing 241 REPLY to Response to Motion re #238 MOTION to Expedite (Plaintiffs Motion And Memorandum To Expedite Briefing And Consideration Of Their Motion To Disqualify Winston & Strawn LLP And Their Motion To Stay Discovery) filed by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, Societa Italiana per lo Sviluppo deli'Elettronica S.p.A., TDF SAS, U.S. Philips Corporation. (Noona, Stephen) |
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Filing 240
ORDER granting #238 MOTION to Expedite (Plaintiffs Motion And Memorandum To Expedite Briefing And Consideration Of Their Motion To Disqualify Winston & Strawn LLP And Their Motion To Stay Discovery). It is ORDERED THAT: (1) the Motion to Expedite Response and Consideration of Plaintiffs' Motion to Disqualify Winston & Strawn LLP and Their Motion to Stay Discovery Pending the Court's Resolution of Their Motion to Disqualify Winston & Strawn LLP is GRANTED; (2) the Defendant is ordered to respond to the Motion to Disqualify Winston & Strawn LLP on or before August 31, 2016; (3) the Plaintiffs and Third Party Defendant shall file their reply on or before September 2, 2016; (3) the Defendant is ordered to respond to the Motion to Stay Discovery Pending the Court's Resolution of Plaintiffs' Motion to Disqualify Winston & Strawn LLP on or before August 25, 2016; (4) the Plaintiffs and Third Party Defendant shall file their reply on or before August 26, 2016; and (5) this Court will rule on both motions as expeditiously as possible. In the interim, discovery shall not go forward. Signed and entered as modified by Magistrate Judge Robert J. Krask on 8/23/2016. (bgra)
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| Filing 239 Opposition to #238 MOTION to Expedite (Plaintiffs Motion And Memorandum To Expedite Briefing And Consideration Of Their Motion To Disqualify Winston & Strawn LLP And Their Motion To Stay Discovery) filed by Dell, Inc.. (Molster, Charles) |
| Filing 238 MOTION to Expedite (Plaintiffs Motion And Memorandum To Expedite Briefing And Consideration Of Their Motion To Disqualify Winston & Strawn LLP And Their Motion To Stay Discovery) by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, Societa Italiana per lo Sviluppo deli'Elettronica S.p.A., TDF SAS, U.S. Philips Corporation. (Attachments: #1 Exhibit 1)(Noona, Stephen) |
| Filing 237 Memorandum in Support re #236 MOTION to Stay (Plaintiffs Motion To Stay Discovery Pending The Courts Resolution Of Their Motion To Disqualify Winston & Strawn LLP) filed by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, Societa Italiana per lo Sviluppo deli'Elettronica S.p.A., TDF SAS, U.S. Philips Corporation. (Noona, Stephen) |
| Filing 236 MOTION to Stay (Plaintiffs Motion To Stay Discovery Pending The Courts Resolution Of Their Motion To Disqualify Winston & Strawn LLP) by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, Societa Italiana per lo Sviluppo deli'Elettronica S.p.A., TDF SAS, U.S. Philips Corporation. (Attachments: #1 Exhibit 1)(Noona, Stephen) |
| Filing 235 Declaration re #234 Memorandum in Support, (Declaration Of Garrard R. Beeney in Support of Motion to Disqualify Winston & Strawn) by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, Societa Italiana per lo Sviluppo deli'Elettronica S.p.A., TDF SAS, U.S. Philips Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U, #22 Exhibit V, #23 Exhibit W)(Noona, Stephen) |
| Filing 234 Memorandum in Support re #233 MOTION to Disqualify Counsel (Plaintiffs Motion To Disqualify Winston & Strawn LLP) filed by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, Societa Italiana per lo Sviluppo deli'Elettronica S.p.A., TDF SAS, U.S. Philips Corporation. (Attachments: #1 Appendix A, #2 Appendix B, #3 Appendix C, #4 Appendix D)(Noona, Stephen) |
| Filing 233 MOTION to Disqualify Counsel (Plaintiffs Motion To Disqualify Winston & Strawn LLP) by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, Societa Italiana per lo Sviluppo deli'Elettronica S.p.A., TDF SAS, U.S. Philips Corporation. (Attachments: #1 Exhibit 1)(Noona, Stephen) Modified on 9/12/2016 to remove the gavel from Motion [233} because said motion was ruled upon at the 9/7/16 motions hearing (ecav, ). |
| Filing 232 NOTICE by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, Societa Italiana per lo Sviluppo deli'Elettronica S.p.A., TDF SAS, U.S. Philips Corporation re #231 Reply to Response to Motion,, of Filing of Appendix A to Reply in Support of Motion for Protective Order (Attachments: #1 Appendix A)(Noona, Stephen) |
| Filing 231 REPLY to Response to Motion re #223 MOTION for Protective Order (Plaintiffs' and Third Party Defendants Motion For a Protective Order to Adjourn the August 24, 2016 Deposition of Aleks Mehrle) ( Plaintiffs Reply Memorandum in Support of Plaintiffs Motion For a Protective Order to Adjourn the August 24, 2016 Deposition of Aleks Mehrle) filed by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, Societa Italiana per lo Sviluppo deli'Elettronica S.p.A., TDF SAS, U.S. Philips Corporation. (Noona, Stephen) |
| Filing 230 RESPONSE in Opposition re #223 MOTION for Protective Order (Plaintiffs' and Third Party Defendants Motion For a Protective Order to Adjourn the August 24, 2016 Deposition of Aleks Mehrle) filed by Dell, Inc.. (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)(Molster, Charles) |
| Filing 229 Rebuttal Brief re #226 MOTION to Expedite (Plaintiffs and Third Party Defendants Motion and Memorandum to Expedite Consideration of Their Motion for a Protective Order to Adjourn the August 24, 2016 Deposition of Aleks Mehrle ECF No. 223) filed by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, Societa Italiana per lo Sviluppo deli'Elettronica S.p.A., TDF SAS, U.S. Philips Corporation. (Noona, Stephen) |
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Filing 228
ORDER GRANTING, for good cause shown, Plaintiffs' and Third Party Defendant's #226 Motion to Expedite the response to and consideration of a motion for a protective order pending resolution of any motion to disqualify, and ORDERS that: (1) defendant shall respond to the motion for protective order (ECF No. #223 no later thannoon on August 22, 2016;(2) plaintiffs and third-party defendant shall file any brief in rebuttal no later than noon on August 23, 2016; and(3) pending the resolution of the motion for protective order, the deposition set for August24, 2016, shall not go forward, unless taken by counsel not implicated by any potentialdisqualification issue. (Signed by Magistrate Judge Robert J. Krask on 8/18/16). Copies provided 8/18/16. (ecav, )
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| Filing 227 Opposition to #226 MOTION to Expedite (Plaintiffs and Third Party Defendants Motion and Memorandum to Expedite Consideration of Their Motion for a Protective Order to Adjourn the August 24, 2016 Deposition of Aleks Mehrle ECF No. 223) filed by Dell, Inc.. (Molster, Charles) |
| MOTIONS REFERRED to Magistrate Judge: Robert J. Krask. #223 MOTION for Protective Order (Plaintiffs' and Third Party Defendants Motion For a Protective Order to Adjourn the August 24, 2016 Deposition of Aleks Mehrle), #226 MOTION to Expedite (Plaintiffs and Third Party Defendants Motion and Memorandum to Expedite Consideration of Their Motion for a Protective Order to Adjourn the August 24, 2016 Deposition of Aleks Mehrle ECF No. 223) (ecav, ) |
| Filing 226 MOTION to Expedite (Plaintiffs and Third Party Defendants Motion and Memorandum to Expedite Consideration of Their Motion for a Protective Order to Adjourn the August 24, 2016 Deposition of Aleks Mehrle ECF No. 223) by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, Societa Italiana per lo Sviluppo deli'Elettronica S.p.A., TDF SAS, U.S. Philips Corporation. (Attachments: #1 Exhibit 1)(Noona, Stephen) |
| Filing 225 Declaration re #224 Memorandum in Support, (Declaration of Andrew H. Ward in Support of Plaintiffs' and Third Party Defendant's Motion to Adjourn the August 24, 2016 Deposition of Aleks Mehrle) by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, Societa Italiana per lo Sviluppo deli'Elettronica S.p.A., TDF SAS, U.S. Philips Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Noona, Stephen) |
| Filing 224 Memorandum in Support re #223 MOTION for Protective Order (Plaintiffs' and Third Party Defendants Motion For a Protective Order to Adjourn the August 24, 2016 Deposition of Aleks Mehrle) filed by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, Societa Italiana per lo Sviluppo deli'Elettronica S.p.A., TDF SAS, U.S. Philips Corporation. (Noona, Stephen) |
| Filing 223 MOTION for Protective Order (Plaintiffs' and Third Party Defendants Motion For a Protective Order to Adjourn the August 24, 2016 Deposition of Aleks Mehrle) by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, Societa Italiana per lo Sviluppo deli'Elettronica S.p.A., TDF SAS, U.S. Philips Corporation. (Attachments: #1 Exhibit 1)(Noona, Stephen) |
| Filing 222 TRANSCRIPT of proceedings held on 8-10-2016, before Judge Robert J. Krask, Court Reporter/Transcriber Jody Stewart, Telephone number 757-222-7071. NOTICE RE REDACTION OF TRANSCRIPTS:The parties have thirty(30) calendar 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.vaed.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 9/14/2016. Redacted Transcript Deadline set for 10/17/2016. Release of Transcript Restriction set for 11/14/2016.(stewart, jody) |
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Filing 221
ORDER entered and filed 8/11/16: On August 10,2016, the Court heard argument on Dell, Inc.'s ("Dell's") motion to compel responses to interrogatories and Dell's motion to compel the deposition of Gerardus C. P. Lokhoff in this district. Stephen E. Noona, Esq., and Garrard R. Beeney, Esq., appeared on behalf of the plaintiffs Audio MPEG, Inc., U.S. Philips Corporation, TDF SAS, and Institut fur Rundfunktechnik GMBH ("plaintiffs"). Charles B. Molster, III, Esq., and Adam S. Nadelhaft,Esq., appeared on behalf of defendant Dell. The official court reporter was Jody Stewart. For the reasons stated on the record, Dell's #152 Motion to Compel Responses to Interrogatories is GRANTED in part and DENIED in part, and Dell's motion to compel the deposition of Gerardus Lokhoff in this district ECF No. #199 is DENIED, as outlined. (See Order for Specifics and for deadlines to be met by August 17, 2016 and August 19, 2016, respectively). Finally, with respect to the in camera matter that the parties brought to the Court'sattention before the hearing, the parties are ORDERED to determine promptly whether they intend to present the matter to the Court. (Signed by Magistrate Judge Robert J. Krask on 8/11/16). Copies provided as directed 8/11/16. (ecav, )
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| Filing 220 Minute Entry for Motion Hearing held on 8/10/2016 re #199 MOTION to Compel and #152 MOTION to Compel before Magistrate Judge Robert J. Krask.Stephen Noona and Garrard Beeney appeared on behalf of plaintiffs. Charles Molster and Adam Nadelhaft appeared on behalf of defendant Dell, Inc.Argument of Mr. Molster and Mr. Beeney heard as to Motion 152. Comments of the Court. The Court DENIES Motion to Compel as to Interrogatories 1 and 8, and the Court GRANTS Motion as to Interrogatories 9 and 10 as outlined on the record. Plaintiffs are to respond to Interrogatory 9 and 10 by 8/17/16 as directed. With respect to Interrogatory 2, the Court finds Plaintiffs have answered the question asked. Argument of Mr. Nadelhaft and Mr. Noona heard as to Motion 199. Comments and questions of the Court.(A brief recess was taken.) The hearing resumes. The Court reviews four factors considered before ruling on the Motion to Compel. The Court DENIES the Motion. The Court would like to resolve the issue with some parameters agreed to today. Counsel to work together setting European depositions. The Court directs Plaintiffs to follow up with Mr. Lokhoffs travel plans. The Court received a letter with exhibits in camera from Mr. Noona. All documents are returned to Mr. Noona. Mr. Beeney requests a one-week extension for expert reports. Rebuttal by Mr. Molster. The Court DENIES the request without prejudice to the Plaintiff filing a motion.Court in recess. (Court Reporter Jody Stewart, OCR.)(lwoo) |
| Filing 219 REQUEST for International Judicial Assistance from the Appropriate Judicial Authority of Taiwan (Letter Rogatory). (Attachments: #1 Exhibit A, #2 Appendix 1, #3 Exhibit B)(tbro) |
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Filing 218
ORDER granting #167 Motion for Issuance of Letters Rogatory. Pursuant to the parties' briefs, the Court has revised certain portions of the letter rogatory. Accordingly, plaintiffs' application is GRANTED in part, and the revised letter rogatory will issue. Signed by Magistrate Judge Robert J. Krask and filed on 8/5/16. (tbro)
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Filing 217
ORDER granting #191 Motion for Pro hac vice for Wen-Ying Angela Chang as to Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, TDF SAS and U.S. Philips Corporation. Signed by District Judge Henry C. Morgan, Jr on 7/29/16. (tlev, )
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Filing 216
ORDER granting #179 Motion for Pro hac vice for John Justin Rosenthal as to Dell, Inc. Signed by District Judge Henry C. Morgan, Jr on 7/29/16. (tlev, )
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| MOTIONS REFERRED to Magistrate Judge: Robert J. Krask. #199 MOTION to Compel THE DEPOSITION OF GERARDUS C. P. LOKHOFF IN THIS DISTRICT (ecav, ) |
| Filing 215 Reply to Motion re #199 MOTION to Compel THE DEPOSITION OF GERARDUS C. P. LOKHOFF IN THIS DISTRICT filed by Dell, Inc.. (Molster, Charles) |
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Filing 214
ORDER GRANTING Plaintiffs' #208 Consent Motion for Extension of Time to Respond to Dell Inc.'s #183 Answer to Complaint, Third Party Complaint, Counterclaim filed by the Plaintiffs and Third Party Defendant ("Motion for Extension"). The time for the Plaintiffs and Third Party Defendant to answer, plead or otherwise respond is extended through and including August 26, 2016. Entered and filed 8/1/16. (Signed by Magistrate Judge Robert J. Krask on 8/1/16). Copies provided 8/1/16. (ecav, )
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| Filing 213 Declaration re #211 Opposition, (Declaration of W. Rudolph Kleysteuber in Support of Plaintiffs Opposition to Dells Motion to Compel the Deposition of Gerardus C.P. Lokhoff in this District) by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, Societa Italiana per lo Sviluppo deli'Elettronica S.p.A., TDF SAS, U.S. Philips Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Noona, Stephen) |
| Filing 212 Declaration re #211 Opposition, (Declaration of Michael Marion in Support of Plaintiffs Opposition to Dells Motion to Compel the Deposition of Gerardus C.P. Lokhoff in this District) by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, Societa Italiana per lo Sviluppo deli'Elettronica S.p.A., TDF SAS, U.S. Philips Corporation. (Noona, Stephen) |
| Filing 211 Opposition to #199 MOTION to Compel THE DEPOSITION OF GERARDUS C. P. LOKHOFF IN THIS DISTRICT (Plaintiffs Opposition to Dells Motion to Compel the Deposition of Gerardus C.P. Lokhoff in this District) filed by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, Societa Italiana per lo Sviluppo deli'Elettronica S.p.A., TDF SAS, U.S. Philips Corporation. (Noona, Stephen) |
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Filing 210
ORDER entered 7/28/16 and filed 7/29/16 as to Defendant Dell Inc.'s ("Dell") #180 Motion to File Certain Portions of Its Answer, Defenses, and Counterclaims Under Seal, filed July 15, 2016. As outlined, the Motion to Seal (Dkt. #180 ) is GRANTED and it is ORDERED that: The Clerk is directed to maintain under seal portions of Dell's Counterclaims. The sealed material shall remain sealed until forty-five (45) days after the final resolution of this matter and then, returned to counsel. (Signed by Magistrate Judge Robert J. Krask on 7/28/16). Copies provided 7/29/16. (ecav, )
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| Filing 209 Summons Issued, as requested by Dell, Inc., to Societa Italiana per lo Sviluppo deli'Elettronica S.p.A. ("SISVEL"), as to Third-Party Complaint. Orig. summons pkg. mailed to Dell, Inc.'s local counsel, Charles B. Molster, III on 7/28/16, along with a copy of the Third-Party Complaint provided to the clerk, copy of Judge's Procedures as well as a copy of a Summons Return Instruction sheet. (Attachments: #1 Letter)(ecav, ) |
| Filing 208 Consent MOTION for Extension of Time to File Response/Reply as to #183 Answer to Complaint, Third Party Complaint, Counterclaim,,, by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, Societa Italiana per lo Sviluppo deli'Elettronica S.p.A., TDF SAS, U.S. Philips Corporation. (Attachments: #1 Exhibit 1)(Noona, Stephen) |
| MOTIONS REFERRED to Magistrate Judge: Robert J. Krask. #208 Consent MOTION for Extension of Time to File Response/Reply as to #183 Answer to Complaint, Third Party Complaint, Counterclaim,,, (ecav, ) |
| Set Deadlines as to #167 MOTION for Issuance of Letters Rogatory (Plaintiffs' Expedited Application for Issuance of a Letter Rogatory for International Assistance from Taiwan to Compel Cyberlink Corporation to Produce Evidence and Provide Testimony), #152 MOTION to Compel Responses to Interrogatories Nos. 1, 2, 8, 9 and 10, #199 MOTION to Compel THE DEPOSITION OF GERARDUS C. P. LOKHOFF IN THIS DISTRICT. Motion Hearing set for 8/10/2016 at 02:00 PM in Norfolk Courtroom 2 before Magistrate Judge Robert J. Krask. (cdod, ) |
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Filing 207
ORDER entered and filed 7/26/16: On July 25,2016, defendant Dell Inc. ("Dell") filed a motion to expedite briefing on Dell's motion to compel the deposition of Gerardus C. P. Lokhoff in this district. ECF No. #201 . Dell's motion to compel was also filed on July 25, 2016. ECF No. #199 . Dell requested that the Court require plaintiffs to file their opposition within three days of Dell's motion to compel, and Dell would file its reply brief (if any) within one day of plaintiff's opposition. Dell's request is GRANTED IN PART, and plaintiffs are ORDERED to file any opposition to Dell's motion to compel by July 29, 2016. Dell is ORDERED to file any reply brief by August 1, 2016. (Signed by Magistrate Judge Robert J. Krask on 7/26/16). Copies provided as directed 7/26/16.(ecav, )
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| Filing 206 REPLY to Response to Motion re #201 MOTION to Expedite Briefing re Dell's Motion to Compel the Deposition of Gerardus C. P. Lokhoff in this District filed by Dell, Inc.. (Attachments: #1 Exhibit 1)(Molster, Charles) |
| Filing 205 TRANSCRIPT of proceedings held on 7-19-2016, before Judge Douglas E. Miller, Court Reporter/Transcriber Jody Stewart, Telephone number 757-222-7071. NOTICE RE REDACTION OF TRANSCRIPTS:The parties have thirty(30) calendar 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.vaed.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 8/25/2016. Redacted Transcript Deadline set for 9/26/2016. Release of Transcript Restriction set for 10/24/2016.(stewart, jody) |
| Filing 204 NOTICE by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, TDF SAS, U.S. Philips Corporation re #192 Response in Support of Motion, (Plaintiffs' Notice of Filing Amended Response to Dell Inc.'s Memorandum in Support of its Motion for Leave to File Certain Portions of its Answer, Defenses, and Counterclaims Under Seal) (Attachments: #1 Exhibit A)(Noona, Stephen) |
| Filing 203 RESPONSE in Opposition re #201 MOTION to Expedite Briefing re Dell's Motion to Compel the Deposition of Gerardus C. P. Lokhoff in this District filed by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, TDF SAS, U.S. Philips Corporation. (Noona, Stephen) |
| MOTIONS REFERRED to Magistrate Judge: Robert J. Krask. #199 MOTION to Compel THE DEPOSITION OF GERARDUS C. P. LOKHOFF IN THIS DISTRICT, #201 MOTION to Expedite Briefing re Dell's Motion to Compel the Deposition of Gerardus C. P. Lokhoff in this District (ecav, ) |
| Filing 202 Brief in Support to #201 MOTION to Expedite Briefing re Dell's Motion to Compel the Deposition of Gerardus C. P. Lokhoff in this District filed by Dell, Inc.. (Molster, Charles) |
| Filing 201 MOTION to Expedite Briefing re Dell's Motion to Compel the Deposition of Gerardus C. P. Lokhoff in this District by Dell, Inc.. (Attachments: #1 Proposed Order)(Molster, Charles) Modified on 8/1/2016 to remove gavel as directed by USMJ Chambers (ecav). |
| Filing 200 Brief in Support to #199 MOTION to Compel THE DEPOSITION OF GERARDUS C. P. LOKHOFF IN THIS DISTRICT filed by Dell, Inc.. (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)(Molster, Charles) |
| Filing 199 MOTION to Compel THE DEPOSITION OF GERARDUS C. P. LOKHOFF IN THIS DISTRICT by Dell, Inc.. (Attachments: #1 Proposed Order)(Molster, Charles) |
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Filing 198
ORDER granting #160 Motion for Pro hac vice for Andrew Heller Ward as to Audio MPEG, Inc.,Institut Fur Rundfunktechnik GmBh, TDF SAS, and U.S. Philips Corporation. Signed by District Judge Henry C. Morgan, Jr on 7/22/16. (tlev, )
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Filing 197
ORDER Denying (162) Motion for Protective Order in case 2:15-cv-00073-HCM-RJK. For the foregoing reasons, Defendant Dell's Motion for Protective Order (ECF No. 162) is DENIED,and Jarosz may be retained to testify notwithstanding his prior engagement by Dell. IT IS SO ORDERED. Signed by Magistrate Judge Douglas E. Miller and filed on 7/22/16. Copies distributed to all parties 7/25/16. Associated Cases: 2:15-cv-00073-HCM-RJK, 2:16-cv-00082-HCM-RJK (ldab, )
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| Filing 196 Declaration re #195 Reply to Response to Motion, (of Jamie L. Kringstein) by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, TDF SAS, U.S. Philips Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Noona, Stephen) |
| Filing 195 REPLY to Response to Motion re #167 MOTION for Issuance of Letters Rogatory (Plaintiffs' Expedited Application for Issuance of a Letter Rogatory for International Assistance from Taiwan to Compel Cyberlink Corporation to Produce Evidence and Provide Testimony) filed by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, TDF SAS, U.S. Philips Corporation. (Noona, Stephen) |
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Filing 194
ORDER OF DISMISSAL, entered 7/19/16 and filed 7/22/16: The parties having stipulated to dismissal of the above-captioned action, including all counterclaims, pursuant to Rule 41(a)( l)(A)(ii). the action is dismissed as follows, each party to bear its own costs. All claims of the Plaintiffs and Counterclaim Defendants are hereby dismissed with prejudice; Counts II (Patent Invalidity) and III (Unenforceability) of the Counterclaims of the Defendant and Counterclaim Plaintiff are hereby dismissed without prejudice; and All remaining Counterclaims of the Defendant and Counterclaim Plaintiff are hereby dismissed with prejudice. The Court shall retain jurisdiction for purposes of enforcing the settlement among the parties. (Signed by District Judge Henry C. Morgan, Jr. on 7/19/16). Copies to all parties provided 7/22/16.(ecav, )
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| Filing 193 Declaration re #192 Response in Support of Motion, (of Michael P. Devlin) by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, TDF SAS, U.S. Philips Corporation. (Noona, Stephen) |
| Filing 192 RESPONSE in Support re #180 MOTION to Seal Certain Portions of Dell's Answer, Defenses, and Counterclaims filed by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, TDF SAS, U.S. Philips Corporation. (Attachments: #1 Exhibit 1)(Noona, Stephen) |
| Filing 191 Motion to appear Pro Hac Vice by Wen-Ying Angela Chang and Certification of Local Counsel Stephen Edward Noona Filing fee $ 75, receipt number 0422-5089967. by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, TDF SAS, U.S. Philips Corporation. (Noona, Stephen) |
| MOTIONS REFERRED to Magistrate Judge: Robert J. Krask. #180 MOTION to Seal Certain Portions of Dell's Answer, Defenses, and Counterclaims (ecav, ) |
| Filing 190 REPLY to Response to Motion re #152 MOTION to Compel Responses to Interrogatories Nos. 1, 2, 8, 9 and 10 filed by Dell, Inc.. (Molster, Charles) |
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Filing 189
ORDER Granting #173 Motion to Seal. The Motion to Seal is GRANTED and it is ORDERED that: The Clerk is directed to maintain under seal the Plaintiffs' Opposition. The sealed material shall remain sealed until forty-five (45) days after the final resolution of this matter and then, returned to counsel. Signed by Magistrate Judge Robert J. Krask and filed on 7/21/16. Copies distributed to all parties 7/21/16. (ldab, )
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Filing 188
ORDER, AGREED, Amending the Court's Rule 16(B) Scheduling Order. Upon Plaintiffs' request, and by agreement of the parties, and for good cause shown, the Court hereby ORDERS that its Rule 16(b) Scheduling Order entered on March 30, 2016, as amended on June 21, 2016 (collectively, "Scheduling Order"), shall be further amended, as outlined. All other dates in the Scheduling Order shall remain unchanged. (See Order for Specifics) Entered and filed 7/21/16. (Signed by Magistrate Judge Douglas E. Miller on 7/21/16). Copies provided 7/21/16.(ecav, ) (Additional attachment(s) added on 7/21/2016: #1 Letter) (ecav, ).
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| Filing 187 RESPONSE in Opposition re #167 MOTION for Issuance of Letters Rogatory (Plaintiffs' Expedited Application for Issuance of a Letter Rogatory for International Assistance from Taiwan to Compel Cyberlink Corporation to Produce Evidence and Provide Testimony) filed by Dell, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Molster, Charles) |
| Filing 186 NOTICE by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, TDF SAS, U.S. Philips Corporation re #162 MOTION for Protective Order with Respect to Plaintiffs Disclosed Expert John C. Jarosz (Notice of Supplemental Authority) (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Noona, Stephen) |
| Filing 185 Minute Entry for Motion Hearing held on 7/19/2016 re #162 MOTION for Protective Order before Magistrate Judge Douglas E. Miller. Stephen Noona, Garrard Beeney and Alexandra Moss appeared on behalf of plaintiffs. Kimball Anderson and Charles Molster appeared on behalf of consolidated defendant Dell, Inc. Argument by the parties heard. Comments and questions by the Court. Rebuttal by both parties. Comments of the Court. The parties will submit an agreed order to extend expert disclosure deadline. The Court to prepare an Order. Court in recess. (Court Reporter Jody Stewart, OCR.)(lwoo) |
| Filing 184 Sealed Document. Dell's Sealed Answer, Defenses and Counterclaims(Molster, Charles) |
| Filing 183 ANSWER to Complaint (Public Version), THIRD PARTY COMPLAINT against Societa Italiana per lo Sviluppo deli'Elettronica S.p.A., COUNTERCLAIM against Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, TDF SAS, U.S. Philips Corporation by Dell, Inc..(Molster, Charles) |
| Filing 182 Notice of Filing Sealing Motion LCvR5(C) by Dell, Inc. re #180 MOTION to Seal Certain Portions of Dell's Answer, Defenses, and Counterclaims (Molster, Charles) |
| Filing 181 Memorandum in Support re #180 MOTION to Seal Certain Portions of Dell's Answer, Defenses, and Counterclaims filed by Dell, Inc.. (Attachments: #1 Proposed Order)(Molster, Charles) |
| Filing 180 MOTION to Seal Certain Portions of Dell's Answer, Defenses, and Counterclaims by Dell, Inc.. (Molster, Charles) |
| Filing 179 Motion to appear Pro Hac Vice by John J. Rosenthal and Certification of Local Counsel Charles B. Molster, III Filing fee $ 75, receipt number 0422-5081604. by Dell, Inc.. (Molster, Charles) |
| MOTIONS REFERRED to Magistrate Judge: Robert J. Krask. #173 MOTION to Seal Certain Documents (ecav, ) |
| Filing 178 Sealed Response/Reply/Opposition re #176 Opposition, #173 MOTION to Seal Certain Documents. (Noona, Stephen) |
| Filing 177 Declaration re #176 Opposition, (of Michael P. Devlin) by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, TDF SAS, U.S. Philips Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L)(Noona, Stephen) |
| Filing 176 Opposition to #152 MOTION to Compel Responses to Interrogatories Nos. 1, 2, 8, 9 and 10 (Public Version) filed by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, TDF SAS, U.S. Philips Corporation. (Attachments: #1 Appendix A)(Noona, Stephen) |
| Filing 175 NOTICE by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, TDF SAS, U.S. Philips Corporation re #173 MOTION to Seal Certain Documents (Noona, Stephen) |
| Filing 174 Memorandum in Support re #173 MOTION to Seal Certain Documents filed by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, TDF SAS, U.S. Philips Corporation. (Noona, Stephen) |
| Filing 173 MOTION to Seal Certain Documents by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, TDF SAS, U.S. Philips Corporation. (Attachments: #1 Exhibit 1)(Noona, Stephen) |
| Filing 172 NOTICE by Dell, Inc. of Issuance of Subpoena in a Civil Case for the Production of Documents and Testimony at Deposition (Molster, Charles) |
| Notice of Correction re 172 NOTICE. Doc. 172 is a discovery document. Pursuant to FRCP 5(d) and/or the Rule 16(b) Scheduling Order discovery material is not to be filed, therefore, Doc. 172 will be removed from the docket sheet. All parties have been notified of this Notice of Correction. (ecav, ) |
| Motion Hearing as to #162 MOTION for Protective Order set for 7/19/2016 at 02:00 PM in Norfolk Mag Courtroom 1 w/OCR before Magistrate Judge Douglas E. Miller. (lwoo) |
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Filing 171
ORDER GRANTING Defendant Dell Inc.'s #154 Motion to File Certain Documents Under Seal, entered and filed 7/12/16, as outlined. The sealed material shall remain sealed until forty-five (45) days after the final resolution of this matter and then, returned to counsel. (See Order for Specifics) (Signed by Magistrate Judge Robert J. Krask on 7/12/16). Copies provided 7/12/16. (ecav, )
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Filing 170
ORDER GRANTING IN PART Plaintiffs' #167 Motion for Issuance of a Letter Rogatory for international assistance from Taiwan to compel Cyberlink Corporation to produce evidence and provide testimony. Plaintiffs requested that the Court grant expeditedtreatment for the application and require the defendant to file its opposition within five days in light of the discovery deadline of September 15, 2016. Plaintiffs' request is GRANTED IN PART, and defendant is ORDERED to file a response to this application by July 19, 2016. Entered and filed 7/12/16. (Signed by Magistrate Judge Robert J. Krask on 7/12/16). Copies provided 7/12/16. (ecav, )
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| MOTIONS REFERRED to Magistrate Judge: Robert J. Krask. #162 MOTION for Protective Order with Respect to Plaintiffs Disclosed Expert John C. Jarosz (ecav, ) |
| Filing 169 REPLY to Response to Motion re #162 MOTION for Protective Order with Respect to Plaintiffs Disclosed Expert John C. Jarosz filed by Dell, Inc.. (Attachments: #1 Affidavit Suppl. Decl. of K. Anderson, #2 Exhibit A to Suppl. Decl. of K. Anderson)(Molster, Charles) |
| Filing 168 Memorandum in Support re #167 MOTION for Issuance of Letters Rogatory (Plaintiffs' Expedited Application for Issuance of a Letter Rogatory for International Assistance from Taiwan to Compel Cyberlink Corporation to Produce Evidence and Provide Testimony) filed by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, TDF SAS, U.S. Philips Corporation. (Noona, Stephen) |
| Filing 167 MOTION for Issuance of Letters Rogatory (Plaintiffs' Expedited Application for Issuance of a Letter Rogatory for International Assistance from Taiwan to Compel Cyberlink Corporation to Produce Evidence and Provide Testimony) by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, TDF SAS, U.S. Philips Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Noona, Stephen) |
| Filing 166 Declaration re #164 Memorandum in Opposition, (of W. Rudy Kleysteuber) by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, TDF SAS, U.S. Philips Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Noona, Stephen) |
| Filing 165 Declaration re #164 Memorandum in Opposition, (of John C.Jarosz) by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, TDF SAS, U.S. Philips Corporation. (Noona, Stephen) |
| Filing 164 Memorandum in Opposition re #162 MOTION for Protective Order with Respect to Plaintiffs Disclosed Expert John C. Jarosz filed by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, TDF SAS, U.S. Philips Corporation. (Noona, Stephen) |
| Filing 163 Brief in Support to #162 MOTION for Protective Order with Respect to Plaintiffs Disclosed Expert John C. Jarosz filed by Dell, Inc.. (Attachments: #1 Affidavit Anderson, #2 Affidavit Barry, #3 Exhibit 1 to Barry Decl., #4 Exhibit 2 to Barry Decl., #5 Proposed Order)(Molster, Charles) |
| Filing 162 MOTION for Protective Order with Respect to Plaintiffs Disclosed Expert John C. Jarosz by Dell, Inc.. (Molster, Charles) |
| Filing 161 Joint MOTION to Voluntarily Dismiss and Memorandum in Support of Joint Motion by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, Orange SA, Sisvel US, Societa Italiana per lo Sviluppo deli'Elettronica S.p.A., TDF SAS, U.S. Philips Corporation. (Attachments: #1 Exhibit 1)(Noona, Stephen) |
| Filing 160 Motion to appear Pro Hac Vice by Andrew Heller Ward and Certification of Local Counsel Stephen Edward Noona Filing fee $ 75, receipt number 0422-5063227. by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, TDF SAS, U.S. Philips Corporation. (Noona, Stephen) |
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Filing 159
OPINION AND ORDER DENYING Defendant Del, Inc.'s ("Defendant" or "Dell") #81 Motion to Dismiss for Failure to State a Claim ("the Motion"), as outlined. The Court FINDS that the Asserted Patents claim eligible subject matter under 35 U.S.C. 101, that Dell's claims of indefiniteness are premature, and that the Complaint adequately alleges direct infringement, indirect infringement, and willfulness. (See Order and Footnote for Specifics) Entered 6/29/16 and filed 7/1/16. (Signed by District Judge Henry C. Morgan, Jr. on 6/29/16). Copies provided as directed 7/1/16. (ecav, )
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| Filing 158 Brief in Support to #154 MOTION to Seal filed by Dell, Inc.. (Molster, Charles) |
| Filing 157 Sealed Attachment/Exhibit(s) re #154 MOTION to Seal . (Molster, Charles) |
| Filing 156 Sealed Attachment/Exhibit(s) re #154 MOTION to Seal . (Molster, Charles) |
| Filing 155 Notice of Filing Sealing Motion LCvR5(C) by Dell, Inc. re #154 MOTION to Seal (Molster, Charles) |
| Filing 154 MOTION to Seal by Dell, Inc.. (Attachments: #1 Proposed Order)(Molster, Charles) |
| Filing 153 Brief in Support to #152 MOTION to Compel Responses to Interrogatories Nos. 1, 2, 8, 9 and 10 filed by Dell, Inc.. (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)(Molster, Charles) |
| Filing 152 MOTION to Compel Responses to Interrogatories Nos. 1, 2, 8, 9 and 10 by Dell, Inc.. (Attachments: #1 Proposed Order)(Molster, Charles) |
| Markman Hearing reset for 11/17/2016 at 11:00 AM in Norfolk Courtroom 2 before District Judge Henry C. Morgan Jr.. (lbax, ) |
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Filing 151
ORDER GRANTING #139 Motion to Amend/Correct Rule 16(b) Scheduling Order; GRANTING #140 Motion to Amend/Correct Rule 16(b) Scheduling Order. See Order for specifics. Signed by District Judge Henry C. Morgan, Jr. on 6/20/16 and filed 6/21/16. (lbax, )
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| Filing 150 NOTICE by Dell, Inc. re #81 MOTION to Dismiss for Failure to State a Claim Notice of Supplemental Authority (Attachments: #1 Exhibit A)(Molster, Charles) |
| Filing 149 NOTICE by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, TDF SAS, U.S. Philips Corporation re #89 Opposition, (of Supplemental Authority) (Attachments: #1 Exhibit 1)(Noona, Stephen) |
| Filing 148 TRANSCRIPT of proceedings held on 5-26-2016, before Judge Henry C. Morgan, Jr., Court Reporter/Transcriber Jody Stewart, Telephone number 757-222-7071. NOTICE RE REDACTION OF TRANSCRIPTS:The parties have thirty(30) calendar 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.vaed.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 7/5/2016. Redacted Transcript Deadline set for 8/3/2016. Release of Transcript Restriction set for 9/1/2016.(stewart, jody) |
| Filing 147 EXHIBIT Dell's Exhibits in Support of its #146 Supplemental Memorandum in Support of its Motion to Dismiss by Dell, Inc... (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Molster, Charles) Modified on 6/6/2016 to establish linkage between Doc. 147 and the pleading to which the exhibits are applicable (ecav). |
| Filing 146 SUPPLEMENTAL Memorandum in Support re #81 MOTION to Dismiss for Failure to State a Claim Dell Inc.'s Supplemental Memorandum in Support of its Motion to Dismiss, as Authorized by the Court filed by Dell, Inc.. (Molster, Charles) Modified on 6/6/2016 to update docket text to reflect that Doc. 144 is a "supplemental" filing as indicated on the actual title of the pleading (ecav). |
| Filing 145 Declaration re #144 Memorandum in Opposition, (of Michael P. Devlin) by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, TDF SAS, U.S. Philips Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Noona, Stephen) |
| Filing 144 SUPPLEMENTAL Memorandum in Opposition re #81 MOTION to Dismiss for Failure to State a Claim (Plaintiffs' Supplemental Brief in Opposition to Defendant Dell Inc.'s Motion to Dismiss Authorized by Court Order) filed by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, TDF SAS, U.S. Philips Corporation. (Noona, Stephen) Modified on 6/6/2016 to update docket text to reflect that Doc. 144 is a "supplemental" filing as indicated on the actual title of the pleading (ecav). |
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Filing 143
ORDER GRANTING Defendant Dell Inc.'s #125 Motion to File Certain Documents Under Seal, as outlined. The Clerk is directed to seal certain portions of Dell's Reply Brief in Support of its Motion to Strike Newly Identified Claims and Exhibit 3 file in support. The sealed material shall remain sealed until forty-five (45) days after the final resolution of this matter and then, returned to counsel. (See Order for Specifics) Entered and filed 6/1/16. (Signed by District Judge Henry C. Morgan, Jr. on 6/1/16). Copies provided 6/1/16. (ecav, )
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| Filing 142 Motion Hearing held before District Judge Henry C. Morgan, Jr. on 5/26/2016 re #81 MOTION to Dismiss for Failure to State a Claim: Stephen Noona, Garrad Beeney, and Stephen Elliott present on behalf of the Plaintiffs; William Poynter present on behalf of the Defendant, HP, Inc.; Charles Molster, Sheila Kadura, Kathleen Barry and Kimball Anderson present on behalf of Defendant, Dell Inc.; Arguments of counsel heard. Court to take matter under advisement. (Court Reporter Jody Stewart.)(lhow) |
| Filing 140 MOTION to Amend/Correct and Memorandum in Support of Motion to Amend Rule 16(b) Scheduling Order, per May 16, 2016 Telephone Hearing by Dell, Inc.. (Attachments: #1 Proposed Order)(Molster, Charles) |
| Filing 139 MOTION to Amend/Correct and Memorandum in Support of Motion to Amend Rule 16(b) Scheduling Order, per May 16, 2016 Telephone Hearing by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, Orange SA, Sisvel US, Societa Italiana per lo Sviluppo deli'Elettronica S.p.A., TDF SAS, U.S. Philips Corporation. (Attachments: #1 Exhibit 1)(Noona, Stephen) |
| Filing 138 NOTICE by Dell, Inc. re #81 MOTION to Dismiss for Failure to State a Claim Notice of Supplemental Authority (Attachments: #1 Exhibit A)(Molster, Charles) |
| Filing 137 NOTICE by Dell, Inc. re #81 MOTION to Dismiss for Failure to State a Claim Notice of Supplemental Authority (Attachments: #1 Exhibit A)(Molster, Charles) |
| Filing 136 TRANSCRIPT of proceedings held on 5-16-2016, before Judge Henry C. Morgan, Jr., Court Reporter/Transcriber Jody Stewart, Telephone number 757-222-7071. NOTICE RE REDACTION OF TRANSCRIPTS:The parties have thirty(30) calendar 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.vaed.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 6/17/2016. Redacted Transcript Deadline set for 7/18/2016. Release of Transcript Restriction set for 8/16/2016.(stewart, jody) |
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Filing 135
ORDER entered and filed 5/19/16: This matter is before the Court on Defendant Dell, Inc.'s ("Defendant" or "Dell") Motion to Strike, Doc. #99 , which HP joined. Doc. #116 . The Court held a telephonic hearing on this matter on May 16, 2016. Ruling from the bench, the Court DENIED the Motion, as outlined. The Court therefore RESERVES the issue of whether sanctions are appropriate. At the hearing, the Court also ORDERED the parties to submit an agreed order outlining the Court's scheduling changes. (See Order for Specifics) (Signed by District Judge Henry C. Morgan, Jr. on 5/17/16). Copies provided as directed 5/17/16. (ecav, )
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| Filing 134 Motion Hearing (telephonic) before District Judge Henry C. Morgan, Jr held on 5/16/2016 re #99 MOTION to Strike filed by Dell, Inc. Attorneys Garrard Beeney, Stephen Elliot, and Stephen Noona appeared on behalf of the plaintiffs. Attorneys John Corrado, Erich Falke, and William Poynter appeared on behalf of the defendant HP. Attorneys Kimball Anderson, Kathleen Barry, and Charles Molster appeared on behalf of defendant Dell. In house counsel Sheila Kadura and Marc Vockell present. Comments of the Court and counsel re: settlement between plaintiffs and HP. Court conducted inquiry of counsel. Court will allow discovery to go forward and cancels the June 20, 2016 Markman Hearing and associated deadlines. Court sets plaintiffs discovery cutoff on Sept. 15, 2016 and defendants discovery cutoff on October 13, 2016. The Markman hearing will be set on a date agreed upon by the parties and the court during the week on Nov. 14, 2016. Expert discovery will be changed proportionately. Counsel is to submit an agreed order setting forth discovery and Markman dates. Court adjourned. (Court Reporter Jody Stewart, OCR.)(ptom, ) |
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Filing 133
ORDER GRANTING Defendant Dell Inc.'s #102 Motion for Leave to File Certain Documents Under Seal, as outlined, and the Clerk is directed to seal Exhibit 1 and certain portions of Dell's Brief in Support of its Motion to Strike Newly Identified Claims. The sealed material shall remain sealed until forty-five (45) days after the final resolution of this matter and then, returned to counsel. (See Order for Specifics) Entered and filed 5/16/16. (Signed by District Judge Henry C. Morgan, Jr on 5/16/16). Copies provided 5/16/16. (ecav, )
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| Filing 131 NOTICE by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, TDF SAS, U.S. Philips Corporation re #89 Opposition, (Notice of Supplemental Authority from Federal Circuit) (Attachments: #1 Exhibit 1)(Noona, Stephen) |
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Filing 130
ORDER granting #129 Motion for Pro hac vice for Anthony Demarco Pesce as to Dell, Inc. Signed by District Judge Henry C. Morgan, Jr on 5/12/16. (tlev, )
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| Telephonic Motion Hearing set for 5/16/2016 at 02:30 PM in Norfolk Courtroom 2 before District Judge Henry C. Morgan Jr. re #99 MOTION to Strike. (sche) |
| Filing 129 Motion to appear Pro Hac Vice by Anthony Demarco Pesce and Certification of Local Counsel Charles Bennett Molster III Filing fee $ 75, receipt number 0422-4982567. by Dell, Inc.. (Molster, Charles) |
| Filing 128 Brief in Support to #125 MOTION to Seal filed by Dell, Inc.. (Molster, Charles) |
| Filing 127 Sealed Document re #125 MOTION to Seal , #124 Reply. (Attachments: #1 Exhibit)(Molster, Charles) |
| Filing 126 Notice of Filing Sealing Motion LCvR5(C) by Dell, Inc. re #125 MOTION to Seal (Molster, Charles) |
| Filing 125 MOTION to Seal by Dell, Inc.. (Attachments: #1 Proposed Order)(Molster, Charles) |
| Filing 124 Reply to #99 MOTION to Strike filed by Dell, Inc.. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Molster, Charles) |
| Filing 123 Reply to Motion re #99 MOTION to Strike filed by HP Inc.. (Poynter, William) |
| Filing 122 Declaration re #121 Memorandum in Opposition, Declaration of W. Rudolph Kleysteuber) by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, TDF SAS, U.S. Philips Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U, #22 Exhibit V, #23 Exhibit W)(Noona, Stephen) |
| Filing 121 Memorandum in Opposition re #114 MOTION of HP Inc. to Join Dell Inc.'s Motion to Strike re #99 MOTION to Strike , #99 MOTION to Strike filed by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, TDF SAS, U.S. Philips Corporation. (Noona, Stephen) |
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Filing 120
ORDER granting #109 Motion for Pro hac vice for Gregory James Commins, Jr as to HP, Inc. Signed by District Judge Henry C. Morgan, Jr on 5/6/16. (tlev, )
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Filing 119
ORDER granting #108 Motion for Pro hac vice for Erich Michael Falke as to HP Inc. Signed by District Judge Henry C. Morgan, Jr on 5/6/16. (tlev, )
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Filing 118
ORDER granting #107 Motion for Pro hac vice for Daniel Joseph Goettle as to HP Inc. Signed by District Judge Henry C. Morgan, Jr on 5/6/16. (tlev, )
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Filing 117
ORDER granting #106 Motion for Pro hac vice for Danyll Wayne Foix as to HP Inc. Signed by District Judge Henry C. Morgan, Jr on 5/6/16. (tlev, )
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Filing 116
ORDER GRANTING Defendant HP Inc.'s #114 Motion to Join Dell Inc.'s Motion to Strike 35 Newly Identified Claims, and seeking equivalent relief for HP Inc., as outlined. Entered and filed 5/6/16. (Signed by District Judge Henry C. Morgan, Jr. on 5/6/16). Copies provided 5/6/16. (ecav, )
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| Filing 115 Memorandum in Support re #114 MOTION of HP Inc. to Join Dell Inc.'s Motion to Strike re #99 MOTION to Strike filed by HP Inc.. (Poynter, William) |
| Filing 114 MOTION of HP Inc. to Join Dell Inc.'s Motion to Strike re #99 MOTION to Strike by HP Inc.. (Attachments: #1 Proposed Order)(Poynter, William) |
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Filing 113
ORDER GRANTING Defendant Dell Inc.'s #104 Motion to Expedite Briefing for Dell's #99 Motion to Strike. The Court, having considered Defendant Dell Inc.'s Motion to shorten the length of time for the parties to brief Dell's Emergency Motion to Strike Newly Identified Claims, any Opposition thereto, and the record herein, and for good cause shown, hereby rules that the Motion is GRANTED, and Plaintiffs are hereby Ordered to file its Opposition (if any) to Dell's Motion to Strike Newly Identified Claims within three (3) business days after the filing by Dell of its Motion, and Dell is hereby Order to file its Rebuttal Brief (if any) within 24 hours of Plaintiffs filing their Opposition. As a result of this Motion and the Motion to Strike, Doc. 99, the Court may change the scheduled date for the filing of the parties' opening Markman Briefs, which is currently set for May 20. 2016. See Fed. R. Civ. P. 1. (Signed by District Judge Henry C. Morgan, Jr. on 5/5/16). Copies provided 5/5/16. (ecav, )
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| Filing 112 Sealed Attachment/Exhibit(s) in Support of #111 Sealed Memorandum in Support. (Molster, Charles) |
| Filing 111 Sealed Memorandum in Support re #99 MOTION to Strike . (Molster, Charles) |
| Filing 110 Notice of Filing Sealing Motion LCvR5(C) by Dell, Inc. (Molster, Charles) |
| Filing 109 Motion to appear Pro Hac Vice by Gregory James Commins, Jr. and Certification of Local Counsel William Rueger Poynter Filing fee $ 75, receipt number 0422-4973539. by HP Inc.. (Poynter, William) |
| Filing 108 Motion to appear Pro Hac Vice by Erich Michael Falke and Certification of Local Counsel William Rueger Poynter Filing fee $ 75, receipt number 0422-4973532. by HP Inc.. (Poynter, William) |
| Filing 107 Motion to appear Pro Hac Vice by Daniel Joseph Goettle and Certification of Local Counsel William Rueger Poynter Filing fee $ 75, receipt number 0422-4973521. by HP Inc.. (Poynter, William) |
| Filing 106 Motion to appear Pro Hac Vice by Danyll Wayne Foix and Certification of Local Counsel William Rueger Poynter Filing fee $ 75, receipt number 0422-4973502. by HP Inc.. (Poynter, William) |
| Notice of Correction re 101 Notice of Filing Sealing Motion LCvR5(C). In accordance with Local Civil Rule 5, Doc. #10 does not contain the language concerning whether the Notice of Filing is Under seal is LCvR5(B) OR LCvR5(C). The docket text has the required language, however, the actual document does not. The filing user is required to refile Doc. 101 Notice of Filing Sealing Motion that contains the required information as outlined in Local Civil Rule 5(B). Doc. 101 will be removed from the docket sheet once the refiling has been completed by the filing user. All parties have been notified of this Notice of Correction. Additionally, the filing user is notified that all future filings must contain the 9-element signature block on the Certificate of Service and not just on the actual pleading.(ecav, ) |
| Filing 105 Memorandum in Support re #104 MOTION to Expedite Briefing for Dell's Motion to Strike filed by Dell, Inc.. (Attachments: #1 Proposed Order)(Molster, Charles) |
| Filing 104 MOTION to Expedite Briefing for Dell's Motion to Strike by Dell, Inc.. (Molster, Charles) |
| Filing 103 Memorandum in Support re #102 MOTION to Seal filed by Dell, Inc.. (Attachments: #1 Proposed Order)(Molster, Charles) |
| Filing 102 MOTION for Leave to File Certain Documents Under Seal by Dell, Inc.. (Molster, Charles) Modified on 5/5/2016 to correct docket text as discussed with the filing user. The clerk is regenerating a NEF to all parties to advise of this docket text update (ecav). |
| Filing 101 Notice of Filing Sealing Motion LCvR5(C) by Dell, Inc. re #100 Memorandum in Support, (Molster, Charles) Modified on 5/5/2016 to remove Doc. 101 from docket sheet as stated in the clerk's Notice of Correction above. Doc. #110 is the refiled and operative document. (ecav). |
| Filing 100 Memorandum in Support re #99 MOTION to Strike (Redacted) filed by Dell, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Proposed Order)(Molster, Charles) |
| Filing 99 MOTION to Strike by Dell, Inc.. (Molster, Charles) |
| Motion Hearing as to #81 MOTION to Dismiss for Failure to State a Claim and #51 MOTION to Dismiss the Third and Fifth Through Twelfth Counterclaims and to Strike the Eighth and Ninth Affirmative Defenses of Defendant Hewlett-Packard Company set for 5/26/2016 at 11:00 AM in Norfolk Courtroom 2 before District Judge Henry C. Morgan Jr.. (lbax, ) |
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Filing 98
STIPULATED ORDER REGARDING DISCOVERY OF ELECTRONICALLY STORED INFORMATION ("ESI"), AGREED, as to #97 Joint Motion Entry of ESI Order filed by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, Orange SA, Sisvel US, Societa Italiana per lo Sviluppo deli'Elettronica S.p.A., TDF SAS, U.S. Philips Corporation. Entered and filed 5/2/16. (Signed by District Judge Henry C. Morgan, Jr. on 5/2/16). Copies provided 5/2/16. (ecav, )
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| Filing 97 Joint MOTION Entry of ESI Order (Joint Motion and Memorandum in Support of Joint Motion For Entry of ESI Order) by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, Orange SA, Sisvel US, Societa Italiana per lo Sviluppo deli'Elettronica S.p.A., TDF SAS, U.S. Philips Corporation. (Attachments: #1 Exhibit 1)(Noona, Stephen) |
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Filing 96
STIPULATED PROTECTIVE ORDER, AGREED, outlining treatment of confidential information. Entered and filed 4/29/16. (Signed by District Judge Henry C. Morgan, Jr. on 4/29/16). Copies provided 4/29/16.(ecav, )
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| Filing 95 Joint MOTION for Protective Order (and Memorandum in Support) by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, Orange SA, Sisvel US, Societa Italiana per lo Sviluppo deli'Elettronica S.p.A., TDF SAS, U.S. Philips Corporation. (Attachments: #1 Exhibit 1)(Noona, Stephen) |
| Filing 94 NOTICE by HP Inc. of Supplemental Authority from Delaware Court (Attachments: #1 Exhibit 1)(Poynter, William) |
| Filing 93 REPLY to Response to Motion re #81 MOTION to Dismiss for Failure to State a Claim filed by Dell, Inc.. (Molster, Charles) |
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Filing 92
ORDER, AGREED GRANTING #91 Consent Motion for Extension of Time to File Response/Reply as to Defendant Dell, Inc.'s #81 MOTION to Dismiss for Failure to State a Claim . IT IS ORDERED THAT the Motion for Extension of Time to Respond is granted and Dell shall have through and including 4/14/2016 to file its Reply Brief in support of its Motion to Dismiss Plaintiffs' Complaint. Entered and filed 4/5/16. (Signed by District Judge Henry C. Morgan, Jr. on 4/5/16). Copies provided 4/5/16. (ecav, )
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| Filing 91 Consent MOTION for Extension of Time to File Response/Reply as to #81 MOTION to Dismiss for Failure to State a Claim and Memorandum in Support of Consent Motion by Dell, Inc.. (Attachments: #1 Exhibit 1)(Molster, Charles) |
| Filing 90 Declaration re #89 Opposition, (Declaration of Michael P. Devlin) by Audio MPEG, Inc., Institut Fur Rundfunktechnik GmBh, TDF SAS, U.S. Philips Corporation. (Attachments: #1 |