Interval Licensing LLC v. Staples Inc
Interval Licensing LLC |
Staples Inc |
2:2011cv00715 |
April 29, 2011 |
US District Court for the Western District of Washington |
Seattle Office |
King |
Barbara J Rothstein |
Patent |
35 U.S.C. § 271 Patent Infringement |
Both |
Docket Report
This docket was last retrieved on November 13, 2018. A more recent docket listing may be available from PACER.
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Filing 44 ORDER re parties' #43 Stipulation and Joint Motion to Dismiss. All claims presented by Interval against Defendants shall be dismissed with prejudice. Any counterclaims asserted by Defendants against Interval shall be dismissed as moot and without prejudice; and Interval and Defendants each shall bear their own costs and attorneys' fees. Signed by Judge Barbara J. Rothstein. (TH) |
Filing 43 STIPULATION AND PROPOSED ORDER Stipulation and Joint Motion to Dismiss and (Proposed) Order by parties (Berry, Matthew) |
Filing 42 JOINT STATUS REPORT signed by all parties (Nelson, Justin) |
Filing 41 STANDING ORDER FOR CIVIL CASES by Judge Barbara J. Rothstein. (RM) |
Filing 40 ORDER REASSIGNING CASE. Case reassigned to Judge Barbara J. Rothstein for all further proceedings. All future pleadings shall bear the cause number C11-715BJR. Cc to BJR. by Judge Marsha J. Pechman. (RM) |
Filing 39 MINUTE ORDER notifying the parties that on 9/1/2016, this case will be reassigned to Judge Barbara Jacobs Rothstein. Authorized by Judge Marsha J. Pechman. (RM) |
Filing 38 NOTICE of Change of Address/Change of Name of Attorney Justin A Nelson. Filed by Plaintiff Interval Licensing LLC. (Nelson, Justin) Modified Firm Address on 7/9/2015 (DS). |
Filing 37 NOTICE OF WITHDRAWAL OF COUNSEL: Attorney Niraj P. Patel for Plaintiff Interval Licensing LLC. (Davis, Nathan) |
Filing 36 NOTICE of Appearance by attorney Shane P. Cramer on behalf of Defendants eBay Inc, Office Depot Inc, Staples Inc, Netflix Inc. (Cramer, Shane) |
Filing 35 NOTICE OF WITHDRAWAL OF COUNSEL: Attorney Christopher T Wion for Defendants eBay Inc, Office Depot Inc, Staples Inc, Netflix Inc. (Harrigan, Arthur) |
Filing 34 MINUTE ORDER: Pursuant to the MANDATE from the Federal Circuit filed 12/29/2014 (Case No. C13-263MJP, Dkt. No. 12), the parties are directed to file an updated joint status report no later than 2/20/2015. Authorized by Judge Marsha J. Pechman. (RM) |
Filing 33 NOTICE of Change of Address/Change of Name of Attorney Steven W Fogg. Filed by Defendant OfficeMax Inc. (Fogg, Steven) Modified Firm and Address of PHV Attorney Douglas S. Rupert on 1/9/2015 (DS). |
Filing 32 CLAIM CONSTRUCTION ORDER by Judge Marsha J. Pechman; The Court finds that the terms "unobtrusive manner" and "does not distract a user" are indefinite, and that the claims containing these terms are therefore invalid under 35 U.S.C. 112 2. The Court adopts Plaintiff's proposed construction of terms 1, 2, 6, 7, 9, 10, 11, 12, 13, and 15. The Court adopts Defendants' proposed construction of terms 3, 5, 8, and 14. (TF) |
Filing 31 MINUTE ENTRY for proceedings held before Judge Marsha J. Pechman- Dep Clerk: Rhonda Miller; Pla Counsel: Justin Nelson, Max Tribble, Michael Heim, Nathan Davis, Matthew Berry, Andres Healy, Davina Inslee, David Stewart; Def Counsel: Kevin McGann, David Alberti, Matthew Kreeger, Gerald Ivey, Cortney Alexander, Shannon Jost, Warren Heit, Carmen Lo, Eric Ow, Mark Walters, Robert Burns, Molly Terwilliger; CR: Kari McGrath; Markman Hearing held on 12/12/2012. Oral argument presented on the issue of indefiniteness and on construction of the claim terms. Court will issue opinion by 12/21/2012. (RM) |
Filing 30 MINUTE ENTRY for proceedings held before Judge Marsha J. Pechman- Dep Clerk: Rhonda Miller; Pla Counsel: Justin Nelson, Michael Heim, Max Tribble, Nathan Davis, Matthew Berry, David Stewart, Davina Inslee; Def Counsel: Shannon Jost, Kevin McGann, Warren Heit, Carmen Lo, Mark Walters, Matthew Kreeger, Eric Ow, Molly Terwilliger, Gerald Ivey, Robert Burns, Cortney Alexander, Jeremy Roller, David Alberti, Yakov Zolotorev; CR: Kari McGrath; Tutorial Hearing held on 12/10/2012. Tutorial presentation to Court. Markman hearing remains set for 12/12/2012 at 9:00 AM in Courtroom 14206 before Judge Marsha J. Pechman. (RM) |
Filing 29 NOTICE of rescheduled hearings: Tutorial Hearing is rescheduled for 12/10/2012 at 04:00 PM in Courtroom 14206 before Judge Marsha J. Pechman. Markman Hearing is rescheduled for 12/12/2012 at 09:00 AM in Courtroom 14206 before Judge Marsha J. Pechman. (RM) |
Filing 28 ORDER re (322 in 2:10-cv-01385-MJP) Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Clayton Thompson for Apple Inc,and for Apple Inc, case No. 11-cv-00708, by William M. McCool. (No document associated with this docket entry, text only.)(DS) |
Filing 27 ORDER re (321 in 2:10-cv-01385-MJP) Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Marc C Belloli for Apple Inc, and for Apple Inc, case No. 11-cv-00708, by William M. McCool. (No document associated with this docket entry, text only.)(DS) |
Filing 26 ORDER re (320 in 2:10-cv-01385-MJP) Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Elizabeth Day for Apple Inc, and for Apple Inc, Case 2:11-cv-00708, by William M. McCool. (No document associated with this docket entry, text only.)(DS) |
Filing 25 NOTICE of rescheduled hearings: Tutorial Hearing set for 11/28/2012 at 03:00 PM in Courtroom 14206 before Judge Marsha J. Pechman. Markman Hearing set for 11/30/2012 at 09:00 AM in Courtroom 14206 before Judge Marsha J. Pechman. (RM) |
Filing 24 ORDER re (314 in 2:10-cv-01385-MJP) Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Yakov Zolotorev for Apple Inc, by William M. McCool. (No document associated with this docket entry, text only.)(DS) |
Filing 23 ORDER re (313 in 2:10-cv-01385-MJP) Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney David L Alberti for Apple Inc, by William M. McCool. (No document associated with this docket entry, text only.)(DS) |
Filing 22 ORDER re (308 in 2:10-cv-01385-MJP) Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Mark Liang for Apple Inc, by William M. McCool. (No document associated with this docket entry, text only.)(DS) |
Filing 21 ORDER re (287 in 2:10-cv-01385-MJP) Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Robert A. Bullwinkel for Interval Licensing LLC, by William M. McCool. (No document associated with this docket entry, text only.)(DS) |
Filing 20 ORDER re (278 in 2:10-cv-01385-MJP) Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney James E. Eakin for Paul Freiberger, Golan Levin, and for Philippe Piernot, by William M. McCool. (No document associated with this docket entry, text only.)(DS) |
Noting Date Set/Reset re (274 in 2:10-cv-01385-MJP) MOTION for Leave to Amend its Supplemental Infringement Contentions : Noting Date 9/7/2012, (IM) |
Filing 19 ORDER re (272 in 2:10-cv-01385-MJP) Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Matthew Behncke for Interval Licensing LLC, by William M. McCool. (No document associated with this docket entry, text only.)(DS) |
Filing 18 ORDER granting pltf's (261) Motion to Lift Stay in case 2:10-cv-01385-MJP in case 2:11-cv-00708-MJP in case 2:11-cv-00709-MJP in case 2:11-cv-00710-MJP in case 2:11-cv-00711-MJP in case 2:11-cv-00712-MJP in case 2:11-cv-00713-MJP in case 2:11-cv-00714-MJP in case 2:11-cv-00715-MJP in case 2:11-cv-00716-MJP in case 2:11-cv-00717-MJP Joint Status Report due within 15 days; no status conference necessary until after the parties meet and confer by Judge Marsha J. Pechman.(RS) |
Filing 17 Joint STATUS REPORT Update re Status of Reexaminations of Patents-In-Suit by Plaintiff Interval Licensing LLC. (Nelson, Justin) |
Filing 16 ORDER Denying Plaintiff's (254) Motion for Reconsideration, by Judge Marsha J. Pechman. ( Order posted in C10-1385MJP and all related actions) (CL) |
Filing 15 REPLY, filed by Plaintiffs Interval Licensing LLC, Interval Licensing LLC, Interval Licensing LLC, Interval Licensing LLC, Interval Licensing LLC, Interval Licensing LLC, Interval Licensing LLC, Interval Licensing LLC, Interval Licensing LLC, Interval Licensing LLC, Interval Licensing LLC, TO RESPONSE to (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Nelson, Justin) |
Filing 14 RESPONSE RE #12 MOTION for Reconsideration, by Defendants AOL Inc, Apple Inc, Facebook Inc, Google Inc, Netflix Inc, Office Depot Inc, OfficeMax Inc, Staples Inc, Yahoo! Inc, YouTube LLC, eBay Inc, (Jost, Shannon) Modified on 7/5/2011: added link to motion (HBR). |
NOTICE of Docket Text Modification: added link to Response to Motion for Reconsideration in each case. (HBR) |
Filing 13 MINUTE ORDER - The Court invites the Defendants to file a joint response of no more than four pages that shall be due by Tuesday, July 5, 2011. (Dkt. No. 254) Plaintiff's motion for reconsideration, by Judge Marsha J. Pechman. (Minute Order posted in C10-1385MJP and all related actions)(MD) |
Filing 12 MOTION for Reconsideration re (13 in 2:11-cv-00717-MJP, 13 in 2:11-cv-00717-MJP, 13 in 2:11-cv-00708-MJP, 13 in 2:11-cv-00708-MJP, 253 in 2:10-cv-01385-MJP, 253 in 2:10-cv-01385-MJP, 11 in 2:11-cv-00713-MJP, 11 in 2:11-cv-00713-MJP, 11 in 2:11-cv-00710-MJP, 11 in 2:11-cv-00710-MJP, 10 in 2:11-cv-00714-MJP, 10 in 2:11-cv-00714-MJP, 15 in 2:11-cv-00711-MJP, 15 in 2:11-cv-00711-MJP, 11 in 2:11-cv-00712-MJP, 11 in 2:11-cv-00712-MJP, 11 in 2:11-cv-00715-MJP, 11 in 2:11-cv-00715-MJP, 11 in 2:11-cv-00709-MJP, 11 in 2:11-cv-00709-MJP, 14 in 2:11-cv-00716-MJP, 14 in 2:11-cv-00716-MJP) Order on Motion to Stay, Case Stayed,,,, by Plaintiffs Interval Licensing LLC, Interval Licensing LLC, Interval Licensing LLC, Interval Licensing LLC, Interval Licensing LLC, Interval Licensing LLC, Interval Licensing LLC, Interval Licensing LLC, Interval Licensing LLC, Interval Licensing LLC, Interval Licensing LLC. (Attachments: #1 Proposed Order)(Nelson, Justin) |
Filing 11 ORDER granting (245) Motion to Stay; Case stayed. in case 2:10-cv-01385-MJP; Case stayed. in case 2:11-cv-00708-MJP; Case stayed. in case 2:11-cv-00709-MJP; Case stayed. in case 2:11-cv-00710-MJP; Case stayed. in case 2:11-cv-00711-MJP; Case stayed. in case 2:11-cv-00712-MJP; Case stayed. in case 2:11-cv-00713-MJP; Case stayed. in case 2:11-cv-00714-MJP; Case stayed. in case 2:11-cv-00715-MJP; Case stayed. in case 2:11-cv-00716-MJP; Case stayed. in case 2:11-cv-00717-MJP by Judge Marsha J. Pechman.(IM) |
Filing 10 ORDER re (249 in 2:10-cv-01385-MJP) Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Niraj P. Patel for Interval Licensing LLC, by William M. McCool. (No document associated with this docket entry, text only.)(DS) |
Filing 9 SCHEDULING ORDER: Disclosures of Preliminary Invalidity and Non-Infringement Contentions 2/26/2011, Deadline to Join Parties 3/11/2011, Terms Selected for Claims Construction 3/18/2011, Claim Construction Expert Report Deadline 4/4/2011, Claim Construction Expert Rebuttal Reports 5/2/2011, Preliminary Claim Chart 5/2/2011, Joint Claim Chart and Prehearing Statement 5/27/2011, Opening Briefs on Claim Construction 6/16/2011, Response Briefs on Claim Construction 7/8/2011, Markman Hearing 7/22/2011 at 9:00 AM, Close of Fact Discovery 11/11/2011, Opening Expert Reports on all issues 12/5/2011, Rebuttal Expert Reports Due 1/6/2012, Joint Status Report to address trial issues 1/6/2012, Complete all Expert Discovery by 1/25/2012, Dispositive Motion Deadline 2/10/2012, Settlement Conference per Local Rule CR 39.1(c)(2) held no later than 4/19/2012, Mediation per Local Rule CR 39.1(c)(3) held no later than 5/14/2012, All Motions in Limine must be filed by and noted on the motion calendar no later than the second Friday thereafter 5/14/2012, Agreed Pretrial Order due 6/6/2012, Trial Briefs, Proposed Voir Dire Questions, Proposed Jury Instructions, and Trial Exhibits for both Tracks due 6/13/2012, Pretrial Conference for 507 and 682 Patent Track 6/8/2012 at 1:30 PM, Trial Date on 507 and 682 Patents 6/18/2012 at 9:00 AM, Pretrial Conference for 314 and 652 Patent Track 7/6/2012 at 1:30 PM, Trial Date on 314 and 652 Patents 7/16/2012 at 9:00 AM, by Judge Marsha J. Pechman. (MD) (Order Posted in Lead case and all consolidated actions) |
Filing 8 PRAECIPE re (240 in 2:10-cv-01385-MJP, 240 in 2:10-cv-01385-MJP, 240 in 2:10-cv-01385-MJP, 240 in 2:10-cv-01385-MJP, 240 in 2:10-cv-01385-MJP, 240 in 2:10-cv-01385-MJP, 240 in 2:10-cv-01385-MJP, 240 in 2:10-cv-01385-MJP, 240 in 2:10-cv-01385-MJP, 240 in 2:10-cv-01385-MJP, 240 in 2:10-cv-01385-MJP) Statement,,,,,,,,,,,,,,,,,,,,, by Plaintiff Interval Licensing LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit A-1, #5 Exhibit B-1, #6 Exhibit C-1, #7 Exhibit D-1)(Berry, Matthew) |
Filing 7 STATEMENT re Joint Claim Construction and Prehearing Statement by Plaintiff Interval Licensing LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit A-1, #6 Exhibit B-1, #7 Exhibit C-1, #8 Exhibit D-1, #9 Exhibit 1, #10 Exhibit 2, #11 Exhibit 3, #12 Exhibit 4, #13 Exhibit 5, #14 Exhibit 6)(Berry, Matthew) |
Filing 6 JOINT STATUS REPORT signed by all parties. (Cleveland, Kristin) |
Filing 5 ANSWER to #4 Answer to Complaint, Counterclaim of Staples Inc. by Interval Licensing LLC.(Berry, Matthew) |
Filing 4 ANSWER to #2 Complaint,,, Staples, Inc.'s Answer to First Amended Complaint with JURY DEMAND, COUNTERCLAIM against plaintiff Interval Licensing LLC by Staples Inc.(Hamm, Klaus) |
Filing 2 COMPLAINT for Patent Infringement (Amended) against defendant(s) Staples Inc (Receipt # 0981-2416582), filed by Interval Licensing LLC. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Exhibit, #23 Exhibit, #24 Exhibit, #25 Exhibit, #26 Exhibit, #27 Exhibit, #28 Exhibit, #29 Exhibit, #30 Exhibit, #31 Exhibit, #32 Exhibit, #33 Exhibit, #34 Exhibit, #35 Exhibit, #36 Exhibit, #37 Exhibit, #38 Exhibit, #39 Exhibit, #40 Exhibit)(Nelson, Justin) |
Filing 1 ORDER GRANTING SEVERANCE, CONSOLIDATING CASES AND DENYING REQUEST FOR STAY; Clerk directed to open 10 new cases, pltf to refile its amended complaint in each new case and pay the filing fee, each dft to answer within 5 days. Status conf set for 7/22/11; telephonic conf scheduled; JSR due within 15 days by Judge Marsha J. Pechman.(RS) |
Filing 3 MINUTE ENTRY for proceedings held before Judge Marsha J. Pechman- Dep Clerk: Rhonda Miller; Pla Counsel: Justin Nelson, Matthew Berry, Davina Inslee; Def Counsel: Gerald Ivy, Matthew Kreeger, John Vandenbers, Brian Berliner, Molly Terwilliger, Elizabeth Stameshkin, Mark Walters, Shannon Jost, John Letchinger, Kevin McGann; CR: Barry Fanning; Motion Hearing held on 4/25/2011 (192 in 2:10-cv-01385-MJP) MOTION to Sever or Dismiss for Misjoinder Pursuant to Fed R. Civ. P. 20 & 21 filed by Office Depot Inc, Staples Inc, Netflix Inc, eBay Inc, (215 in 2:10-cv-01385-MJP) MOTION to Dismiss or Sever for Misjoinder Pursuant to Fed. R. Civ. P. 20 and 21 filed by Google Inc, YouTube LLC, (193 in 2:10-cv-01385-MJP) MOTION to Sever filed by Yahoo! Inc. Oral argument presented. Court grants motion to sever, denies motion to dismiss and denies motion to stay. See Order (Dkt. No. 229) for written ruling expanding on the Court's oral rulings. |
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