Ironburg Inventions Ltd. v. Valve Corporation
| Ironburg Inventions Ltd. |
| Valve Corporation |
| Valve Corporation |
| Ironburg Inventions Ltd. |
| 2:2017cv01182 |
| August 3, 2017 |
| US District Court for the Western District of Washington |
| Seattle Office |
| XX US, Outside District |
| Thomas S. Zilly |
| Patent |
| 28 U.S.C. ยง 1338 |
| Both |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
525
MINUTE ORDER: Defendant's 517 Motion for a status conference is DENIED. Plaintiff's related 522 Motion to strike defendant's reply in support of its motion for a status conference is also DENIED. Plaintiff's renewed 513 Motion for inter partes review estoppel, is sua sponte RENOTED to 2/23/2024. Defendant's response to plaintiff's motion shall be filed by 1/26/2024, and any reply shall be filed by the new noting date. Authorized by Judge Thomas S. Zilly.(MJV)
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Filing
511
MINUTE ORDER. Having reviewed the parties' Joint Status Report, docket no. 509 , the Court sets the following dates and deadlines: On or before October 16, 2023, plaintiff may file a renewed or revised motion for inter partes review ("IPR") estoppel. The motion shall be noted for January 26, 2024. Defendant's response to plaintiff's motion shall be filed by January 5, 2024. Plaintiff may file a reply brief on or by the noting date, January 26, 2024. On or before September 8, 2023, the parties shall meet and confer and file a Joint Status Report. Authorized by Judge Thomas S. Zilly. (MJV)
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Filing
501
MINUTE ORDER denying Plaintiff's 493 Motion To Retax Costs. Signed by Judge Thomas S. Zilly.(MW)
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Filing
495
ORDER granting in part and denying in part Plaintiff's 467 Motion for Attorney Fees. Signed by Judge Thomas S. Zilly. (SB)
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Filing
466
ORDER granting Defendant's 465 Unopposed Motion Order to Stay Execution of Judgment Pursuant to Fed. R. Civ. P. 62 and to Set Monetary Deposit Amount Pursuant to LCR 67. Defendant shall deposit $4,036,033.93 into the Registry of the Court within ten (10) business days of entry of this Order or by August 13, 2021, whichever occurs later, to secure a stay of proceedings to enforce the Court's partial judgment pending appeal. A stay of execution of the Court's partial judgment entered July 19, 2021, docket no. 464 , shall continue pending final resolution of all appeals in this case contingent upon Defendant's posting of deposit. Signed by Judge Thomas S. Zilly. (PM) cc: finance
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Filing
461
MINUTE ORDER: On or before June 25, 2021, the parties shall file any objection to the form of partial judgment attached as Appendix A. The amount of post-judgment interest will be adjusted, if necessary, on the date the partial judgment is entered . Any motion to tax costs, and any separate motion for attorney's fees, shall be filed in accordance with, respectively, Local Civil Rule 54(d) and Federal Rule of Civil Procedure 54(d)(2), after the Court enters partial judgment. Plaintiff's motion to set deadlines, docket no. 459 , is STRICKEN as moot. Authorized by Judge Thomas S. Zilly.(MW)
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Filing
458
ORDER: Plaintiff Ironburg Inventions Ltd.'s motion for enhanced damages, docket no. 439 , is DENIED; Defendant Valve Corporation's motion for judgment as a matter of law or new trial, docket no. 435 , is STRICKEN IN PART as moot w ith regard to willfulness and otherwise DENIED; The parties are DIRECTED to file a Joint Status Report within fourteen (14) days of the date of this Order concerning the status of plaintiff's claims involving U.S. Patents Nos. 9,289,688 and 9,352,229, which were stayed by Minute Order entered December 6, 2017, docket no. 148 , and whether the Court should direct that partial judgment consistent with the jury's verdict be entered pursuant to Federal Rule of Civil Procedure 54(b). Signed by Judge Thomas S. Zilly.(MW)
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Filing
457
MINUTE ORDER: Defendant's unopposed motion to seal, docket no. 434 , is GRANTED, and the unredacted version of defendant's motion for judgment as a matter of law ("JMOL") or new trial, docket no. 435 , shall remain sealed. Plaintiff's motion to seal, docket no. 438 , as supplemented by defendant's response, docket no. 444 , is GRANTED in part and DENIED in part as follows: (a) The unredacted version of plaintiff's motion for enhanced dama ges, docket no. 439 , shall remain under seal; and (b) The unredacted version of the Declaration of Christopher L. Wanger, docket no. 440 , shall be UNSEALED. Plaintiff's motion to seal, docket no. 447 , to which no response was filed, is GRANTED, and the unredacted version of plaintiff's response, docket no. 448 , to defendant's motion for JMOL or new trial, shall remain under seal. Defendant's unopposed motion to seal, docket no. 451 , is GRANTED, and the unredacted version of defendant's reply, docket no. 453 , in support of its motion for JMOL or new trial, shall remain under seal. Authorized by Judge Thomas S. Zilly.(MW)
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Filing
429
ORDER: The Judgment entered on February 2, 2021, docket no. 419 , is hereby VACATED pursuant to Federal Rule of Civil Procedure 60(a). Any motion seeking enhanced damages under 35 U.S.C. § 284 and any motion seeking judgment as a matter of law pursuant to Federal Rule of Civil Procedure 50(b) and/or other post-judgment relief, remain due on March 2, 2021, and shall be noted for the fourth Friday after filing. The Court will enter an appropriate form of partial judgment with the requisite Rule 54(b) certification after ruling on the parties anticipated motions. Signed by Judge Thomas S. Zilly. (MW)
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Filing
421
MINUTE ORDER granting Plaintiff's 420 Motion for Extension of Time. A status conference is SET for Wednesday, February 17, 2021, at 11:00 a.m. Liaison counsel will receive ZoomGov.com access information via email. Authorized by Judge Thomas S. Zilly.(MW)
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Filing
418
MINUTE ORDER denying Defendant's 412 Motion for Judgment. The Court's oral direction to counsel to meet and confer and to file a Joint Status Report concerning the timing of entering judgment in this matter is VACATED. Any motion se eking enhanced damages under 35 U.S.C. § 284 shall be filed within 28 days after the entry of judgment, and noted for the fourth Friday after filing. Any motion seeking judgment as a matter of law pursuant to Federal Rule of Civil Procedure 50(b) and/or other post-judgment relief shall be filed within 28 days after the entry of judgment, and noted for the fourth Friday after filing. Authorized by Judge Thomas S. Zilly.(MW)
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Filing
384
MINUTE ORDER: Having reviewed the parties' joint statement of objections, docket no. 374 ,to the Court's proposed jury instructions circulated to counsel via email on April 29, 2020, as well as the supplemental authorities submitted b y the parties, docket nos. 380 and 382 , the Court has made revisions to the jury instructions as indicated in the redlined version attached hereto as Appendix A. Any objections to the current draft of the jury instructions shall be filed by January 20, 2021. Authorized by Judge Thomas S. Zilly. (MW)
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Filing
381
ORDER FOR REMOTE / VIRTUAL CIVIL JURY TRIAL: All counsel who will actively participate in trial, as well as their assistants, shall attend a technology check session with the Court's law clerk and courtroom deputy clerk on January 14, 2021, at 10:00 a.m. A Pretrial Conference is SET for January 15, 2021, at 10:00 a.m. Signed by Judge Thomas S. Zilly. (MW)
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Filing
377
MINUTE ORDER: A telephonic status conference is SET for Friday, November 13, 2020, at 10:00 a.m. Counsel will be provided dialing instructions via email. Counsel shall be prepared to discuss scheduling this matter for a virtual jury trial in Janua ry 2021. For more information about virtual proceedings, please see the Order dated September 16, 2020, in Dallo v. Holland America Line N.V., LLC, W.D. Wash. Case No. C19-865 TSZ (docket no. 53), and visit https://www.wawd.uscourts.gov/attorneys/remotehearings. Authorized by Judge Thomas S. Zilly. (MW)
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Filing
376
MINUTE ORDER: The Court has reviewed the portions of the deposition of Simon Burgess taken on 5/10/2018, that were designated and counter-designated by the parties, and the parties' respective objections, see Exhibit A to Plaintiff's Re sponse to Defendant's Errata (docket no. 365 ), and now SUSTAINS some of the objections and STRIKES portions of the deposition. Counsel are DIRECTED to meet and confer and advise the Court within fourteen (14) days of the date of this M inute Order whether the parties will waive their rights to a jury and agree to try this case to the Court. The Court DEFERS until trial ruling on the parties' Statement of Joint Objections to the Court's Proposed Jury Instructions, docket no. 374 . Plaintiff' Objections to the Court's Proposed Voir Dire, docket no. 370 , are GRANTED in part and DENIED in part. Authorized by Judge Thomas S. Zilly. (MW)
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Filing
372
PRETRIAL ORDER: Counsel shall meet and confer and file, by 6/1/2020, a revised exhibit list. This case will be scheduled for trial before a jury as soon as possible. Signed by Judge Thomas S. Zilly. (MW)
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Filing
366
MINUTE ORDER granting Defendant's 360 Motion to Seal: The unredacted versions of defendant's designations as to the deposition of Simon Burgess, docket no. 361 , and plaintiff's objections and counter-designations, docket no. 365 , shall remain under seal. Signed by Judge Thomas S. Zilly.(MW)
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Filing
363
MINUTE ORDER: The Pretrial Conference scheduled for 3/13/2020, is STRICKEN and will be reset at a later date. Written objections to the Court's proposed jury instructions, which were circulated by email on 3/11/2020, shall be filed by 3/27/2020. Authorized by Judge Thomas S. Zilly. (MW)
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Filing
362
MINUTE ORDER granting Plaintiff's 332 Motion to Seal: The unredacted versions of plaintiff's response, docket no. 333 , to defendant's motions in limine, and of Exhibits 3, 5, 8, and 9, docket nos. 334 to 337 , shall remain under seal. Signed by Judge Thomas S. Zilly.(MW)
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Filing
358
MINUTE ORDER: Pursuant to General Order No. 01-20, issued on 3/6/2020, the Pretrial Conference scheduled for 3/13/2020, will be conducted telephonically. The time of the Pretrial Conference is CHANGED to 10:30 a.m. Counsel shall arrange a conference call among themselves and then contact the Court at (206) 370-8830. The trial date of 3/20/2020, is STRICKEN. Authorized by Judge Thomas S. Zilly. (MW)
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Filing
353
MINUTE ORDER granting in part, denying in part and deferring in part Defendant's 326 Motion in Limine; granting in part, denying in part and deferring in part Plaintiff's 328 Motion in Limine. Authorized by Judge Thomas S. Zilly.(MW)
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Filing
325
MINUTE ORDER granting Parties' 323 Joint Motion for Partial Dismissal. Authorized by Judge Thomas S. Zilly.(MW)
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Filing
322
MINUTE ORDER: Having reviewed the parties' Joint Status Report, docket no. 321 , the Court ORDERS as follows: JURY TRIAL DATE (4 DAYS): 3/23/2020, Motions in Limine due by 2/13/2020, Agreed Pretrial Order due by 2/28/2020, Trial briefs, propose d voir dire, and proposed jury instructions to be submitted by 2/28/2020, Pretrial Conference set for 3/13/2020 at 11:00 AM. Regardless of whether the parties have previously engaged in mediation, they shall participate in mediation on or before 1/31/2020. Authorized by Judge Thomas S. Zilly. (MW)
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Filing
320
ORDER granting plaintiff's 260 Motion Regarding Inter Partes Review Etoppel; granting plaintiff's 258 Motion for Partial Summary Judgment; striking as moot plaintiff's 294 Motion to Bifurcate Trial; directing parties to meet and confer and to provide a Joint Status Report within twenty-one (21) days of the date of this Order. Signed by Judge Thomas S. Zilly. (SWT)
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Filing
319
MINUTE ORDER denying defendant Valve Corporation's 252 SEALED MOTION to Exclude Certain Expert Testimony. Authorized by Judge Thomas S. Zilly. (SWT)
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Filing
317
MINUTE ORDER granting defendant's 310 Motion to Seal. (Dkts. 313 , 314 shall remain under seal.) Authorized by Judge Thomas S. Zilly. (SWT)
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Filing
303
MINUTE ORDER re: parties' 302 Joint Status Report. The stay imposed by the Minute Order entered November 15, 2018, docket no. 301 , is LIFTED as to plaintiff's claims relating to U.S. Patents Nos. 8,641,525 and 9,089,770, and this matter is returned to the active docket. The previously deferred motions, docket nos. 252 , 258 , 260 , and 294 , are NOTED for August 16, 2019. The Court will set a trial date and related deadlines after it rules on the pending motions. Authorized by Judge Thomas S. Zilly. (PM)
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Filing
301
MINUTE ORDER granting in part and denying in part defendant's 255 MOTION for Summary Judgment ; granting defendant's 292 MOTION to Sever or Stay ; STAYING this case pending further order ; STRIKING trial dates and related dates ; direct ing parties to file a Joint Status Report within fourteen (14) days after the US Court of Appeals for the Federal Circuit issues a decision in Ironburg Inventions v. Valve Corporation, or by 9/30/2019 ; deferring defendant's 252 SEALED MOTION to Exclude Certain Expert Testimony, plaintiff's 258 MOTION for Partial Summary Judgment Regarding Inequitable Conduct, 260 MOTION for Inter Partes Review Estoppel, and 294 MOTION to Bifurcate Trial. Authorized by Judge Thomas S. Zilly.(SWT)
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Filing
295
MINUTE ORDER. All future pending and future motions will be decided by Judge Zilly. The Clerk is directed to place all pending (and future) motions on Judge Zilly's calendar, including dkts. 252 , 255 , 292 , 258 , 260 , and 294 . Authorized by Judge Thomas S. Zilly. (SWT)
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Filing
285
ORDER granting plaintiff's 268 Motion to Seal, signed by Hon. James P. Donohue. (SWT)
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Filing
248
ORDER GRANTING 196 VALVE'S MOTION TO COMPEL signed by Hon. James P. Donohue. (KMP)
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Filing
241
ORDER ON MISCELLANEOUS 194 205 207 MOTIONS signed by Hon. James P. Donohue. (TF)
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Filing
239
ORDER DENYING 201 MOTION TO AMEND INVALIDITY CONTENTIONS signed by Hon. James P. Donohue.(TF)
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Filing
238
ORDER granting parties' 237 Stipulated Motion to Extend Deadlines: Discovery motions for discrete issues identified in Motion (Dkt. 237 ) due by 8/15/2018, Discovery in connection with third party Microsoft to be completed by 8/23/2018. Signed by Hon. James P. Donohue.(SWT)
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Filing
233
MINUTE ORDER denying Defendant's 190 Motion to Stay authorized by Judge Thomas S. Zilly. (TH)
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Filing
224
ORDER Granting 211 Stipulated Motion to Extend Certain Discovery Deadlines signed by Hon. James P. Donohue; Discovery Motions due by 8/8/2018, Deadline to complete fact discovery remains 8/15/2018, Rebuttal Expert Disclosure/Reports due by 8/27/2018, Expert Discovery deadline is 9/12/2018, Dispositive motions due by 9/26/2018. (TF)
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Filing
189
ORDER granting in part and denying in part 188 Stipulated Motion to continue trial date and extend related dates; Expert Witness Disclosure/Reports under FRCP 26(a)(2) due by 7/6/2018, rebuttal experts shall be disclosed in accordance with Fe deral Rule of Civil Procedure 26(a)(2)(D)(ii); Discovery Motions due by 7/19/2018, Discovery completed by 8/15/2018, Dispositive motions due by 8/23/2018, 39.1 mediation to be completed by 9/14/2018; all other dates remain the same per 153 Minute Order. Signed by Judge Thomas S. Zilly. (PM) cc: Judge Donohue
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Filing
179
MINUTE ORDER to REFER all non-dispositive motions, including plaintiff's 165 Motion to Compel Production of Documents, to Honorable James P. Donohue, Chief US Magistrate Judge. Authorized by Judge Thomas S. Zilly. (SWT)
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Filing
177
MINUTE ORDER granting defendant's 171 Unopposed Motion to Seal. Exhibit B to the Declaration of Patrick Lujin, dkt. no. 175 , shall remain under seal. Authorized by Judge Thomas S. Zilly. (SWT)
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Filing
153
MINUTE ORDER re scheduling conference conducted on 1/5/2018: (1) Counsel having stated no objection, the Court ADOPTS the Patent Trial and Appeal Board's interpretations relating to the first, third, and fourth disputed claim terms identified in the Joint Claim Construction Statement, docket no. 64 ; (2) Plaintiff having withdrawn any contention that defendant has infringed or is infringing Claim 13 of U.S. Patent No. 8,641,525, in which the fifth disputed claim term (the front end) ap pears, the fifth term is STRICKEN from the Joint Claim Construction Statement and will not be construed by the Court; (3) With regard to the seventh and eighth disputed claim terms (a first/second distance between the top edge and the bottom edge and substantially all of the first/second distance), defendant relies on its argument that such claims terms are indefinite and offers no proposed definition. The parties have agreed that, if the Court concludes that such claim terms are not indefini te, the Court need not further construe such claim terms; (4) the following dates and deadlines are hereby SET: Jury Trial is set for 1/14/2019 before Judge Thomas S. Zilly. Expert Witness Disclosure/Reports under FRCP 26(a)(2) due by 4/6/2018, Motions due by 5/24/2018, Discovery completed by 7/6/2018, Dispositive motions due by 8/9/2018, Mediation deadline is 9/7/2018, Motions in Limine due by 12/6/2018, Pretrial Order due by 12/20/2018, Pretrial Conference set for 1/4/2019 at 02:00 PM before Judge Thomas S. Zilly. Trial briefs to be submitted by 12/20/2018, Proposed voir dire/jury instructions due by 12/20/2018. Authorized by Judge Thomas S. Zilly. (SWT)
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Filing
148
MINUTE ORDER denying defendant's 71 Motion to Compel Supplemental Infringement Contentions and to Strike Doctrine of Equivalents Infringement Contentions; denying in part and granting in part defendant's 136 Motion for Stay Pending Reso lution of Proceedings Before the Patent Trial and Appeal Board; declining to construe at this time the disputed terms numbered 11-15 and 17-18 in Exhibit 1 to the parties' Joint Claim Construction Statement, docket no. 64 -1; directing parties to file supplemental briefs on or before noon on 1/2/2018; Scheduling Conference set for 1/5/2018 at 09:00 AM. Authorized signed by Judge Thomas S. Zilly. (SWT)
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Filing
145
MINUTE ORDER directing Defendant to file, by noon on 12/4/2017, the following items: (i) a complete copy of the Patent Trial and Appeal Board's Decision Instituting Inter Partes Review in Case IPR2017-00858 (relating to U.S. Patent No. 9,289,688); and (ii) a copy of defendants Petition for Inter Partes Review of U.S. Patent No. 9,352,229. Authorized by Judge Thomas S. Zilly. (SWT)
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Filing
116
OPINION AND ORDER GRANTING 110 Motion to Transfer Case to the Western District of Washington. Signed by Judge Thomas W. Thrash, Jr. on 8/3/17. (jkl) [Transferred from gand on 8/4/2017.]
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