Reald Spark, LLC v. Microsoft Corporation
Plaintiff: Reald Spark, LLC
Counter Claimant: Microsoft Corporation
Counter Defendant: Reald Spark LLC
Case Number: 2:2022cv00942
Filed: July 7, 2022
Court: US District Court for the Western District of Washington
Presiding Judge: Tana Lin
Nature of Suit: Patent
Cause of Action: 35 U.S.C. § 271 Patent Infringement
Jury Demanded By: Both
Docket Report

This docket was last retrieved on January 30, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 22, 2023 Opinion or Order Filing 114 ORDER re #111 Application. The Court ADMITS Attorney Jason Blackstone for Reald Spark LLC by Clerk Ravi Subramanian. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(CDA)
November 21, 2023 Opinion or Order Application #111 by attorney Jason Blackstone will not be processed at this time. Attorney must first complete all requirements for PHV admission via PACER. Please contact Admissions Clerk Monique Guillebeau at 206-370-8433 or #WAWD_Admissions@wawd.uscourts.gov with additional questions. (Ad hoc Attorney Jason Blackstone) (MG)
November 20, 2023 Opinion or Order Filing 113 ANSWER to #109 Amended Answer to Complaint,, Counterclaim, by Reald Spark LLC.(Boyd, Kaleigh)
November 20, 2023 Opinion or Order Filing 112 ORDER ON MOTIONS TO SEAL. The Court DENIES Defendant's #98 and #105 Motions to Seal. The Clerk SHALL unseal the documents filed at Dkt. Nos. #98 and #107 . Signed by Judge Tana Lin. (MJV)
November 9, 2023 Opinion or Order Filing 111 APPLICATION OF ATTORNEY Jason Blackstone FOR LEAVE TO APPEAR PRO HAC VICE by Plaintiff Reald Spark LLC, Counter Defendant Reald Spark LLC. Receipt No. AWAWDC-8235490 (Boyd, Kaleigh)
October 31, 2023 Opinion or Order Filing 110 NOTICE of Appearance by attorney Matthew Dumont Clark on behalf of Counter Claimants Microsoft Corporation, Microsoft Corporation, Defendant Microsoft Corporation, Counter Defendant Microsoft Corporation. (Clark, Matthew) Removed Microsoft as Counter Defendant on 11/1/2023 (MJV).
October 31, 2023 Opinion or Order Filing 109 AMENDED ANSWER to and Affirmative Defenses and Counterclaims to Plaintiff's Complaint for Breach of Contract, Theft of Trade Secrets and Patent Infringement #1 Complaint, with JURY DEMAND by Defendant Microsoft Corporation., COUNTERCLAIM against plaintiff Reald Spark LLC Microsoft Corporation (Terwilliger, Molly) Corrected Plaintiff party name in docket on 11/1/2023 (MJV).
October 27, 2023 Opinion or Order Filing 108 ORDER on Motion to Amend. The Court GRANTS Defendant's Motion to Amend (Dkt. Nos. #97 , #98 -2 (sealed)). Defendant is DIRECTED to file its amended Answer, Affirmative Defenses, and Counterclaims within three (3) days of this Order. Plaintiff is also DIRECTED to file any responsive pleadings within twenty-one (21) days of Defendant's filing, pursuant to Federal Rule of Civil Procedure 12(a)(1)(B). Signed by Judge Tana Lin. (MJV)
October 20, 2023 Opinion or Order Filing 107 SEALED DOCUMENT Defendant's Reply in Support of its Motion for Leave to File Amended Affirmative Defense and Counterclaim by Defendant Microsoft Corporation re #105 MOTION to Seal Defendant's Motion to Seal Reply In Support of Defendant's Motion for Leave to File Amended Answer, Affirmative Defenses, and Counterclaims and Exhibits in Support of Motion, #98 SEALED MOTION (Terwilliger, Molly)
October 20, 2023 Opinion or Order Filing 106 REPLY, filed by Defendant Microsoft Corporation, TO RESPONSE to #97 MOTION for Leave to File Defendant's Motion For Leave to File Amended Affirmative Defense and Counterclaim (Terwilliger, Molly)
October 20, 2023 Opinion or Order Filing 105 MOTION to Seal Defendant's Motion to Seal Reply In Support of Defendant's Motion for Leave to File Amended Answer, Affirmative Defenses, and Counterclaims and Exhibits in Support of Motion, filed by Defendant Microsoft Corporation. (Attachments: #1 Proposed Order) Noting Date 11/17/2023, (Terwilliger, Molly)
October 16, 2023 Opinion or Order Filing 104 DECLARATION of Jennifer A. Mauri filed by Plaintiff Reald Spark LLC re #97 MOTION for Leave to File Defendant's Motion For Leave to File Amended Affirmative Defense and Counterclaim (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Boyd, Kaleigh)
October 16, 2023 Opinion or Order Filing 103 RESPONSE, by Plaintiff Reald Spark LLC, to #97 MOTION for Leave to File Defendant's Motion For Leave to File Amended Affirmative Defense and Counterclaim. (Boyd, Kaleigh)
October 16, 2023 Opinion or Order Filing 102 RESPONSE, by Plaintiff Reald Spark LLC, to #98 SEALED MOTION. (Boyd, Kaleigh)
October 10, 2023 Opinion or Order Filing 101 ORDER re #94 Expedited Joint Motion for Discovery. The Court GRANTS IN PART and DENIES IN PART Plaintiff's Motion to Compel, contained in the Parties' joint submission (Dkt. No. #94 ). Plaintiff is ORDERED to identify and produce the files that Dr. Sommerlade allegedly downloaded after his termination, within seven (7) days of this Order. Defendant is ORDERED to produce its source code within twenty-one (21) days of receipt of the Sommerlade files. Signed by Judge Tana Lin. (MJV)
September 29, 2023 Opinion or Order Filing 100 APPENDIX re #99 Brief Claim Construction, Joint by All Plaintiffs (Attachments: #1 Exhibit Joint 1, #2 Exhibit Joint 2, #3 Exhibit Joint 3, #4 Exhibit Joint 4, #5 Exhibit Joint 5)(Boyd, Kaleigh)
September 29, 2023 Opinion or Order Filing 99 Joint BRIEF Claim Construction by All Plaintiffs (Boyd, Kaleigh)
September 28, 2023 Opinion or Order Filing 98 SEALED MOTION to Seal Defendant's Motion for Leave to File a Highly Sensitive Document Amended Answer, Affirmative Defenses, and Counterclaims and Exhibits in Support of Motion by Defendant Microsoft Corporation. (Attachments: #1 Proposed Order, #2 Exhibit (MFL to File Amended Answer), #3 Exhibit (Proposed Order to MFL to File Amended Answer), #4 Exhibit A (Redlined Amended Answer), #5 Exhibit (Declaration of Molly A. Terwilliger), #6 Exhibit 1, #7 Exhibit 2 (SEALED), #8 Exhibit 3 (SEALED), #9 Exhibit 4 (SEALED), #10 Exhibit 5, #11 Exhibit 6, #12 Exhibit 7) Noting Date 10/20/2023, (Terwilliger, Molly) Modified on 9/29/2023 to correct title and event-type (SB).
September 28, 2023 Opinion or Order Filing 97 MOTION for Leave to File Defendant's Motion For Leave to File Amended Affirmative Defense and Counterclaim, filed by Defendant Microsoft Corporation. (Attachments: #1 Proposed Order, #2 Exhibit A, #3 Exhibit (Declaration of Molly A. Terwilliger), #4 Exhibit 1, #5 Exhibit 2 (REDACTED), #6 Exhibit 3 (REDACTED), #7 Exhibit 4 (REDACTED), #8 Exhibit 5, #9 Exhibit 6, #10 Exhibit 7) Noting Date 10/20/2023, (Terwilliger, Molly)
September 26, 2023 Opinion or Order Filing 96 DECLARATION of Molly A. Terwilliger filed by Plaintiff Reald Spark LLC re #94 Expedited Joint Motion for Discovery Pursuant to LCR 37(a)(2) Regarding Production of Source Code (Attachments: #1 Exhibit 1)(Boyd, Kaleigh)
September 26, 2023 Opinion or Order Filing 95 DECLARATION of Jennifer A. Mauri filed by Plaintiff Reald Spark LLC re #94 Expedited Joint Motion for Discovery Pursuant to LCR 37(a)(2) Regarding Production of Source Code (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Boyd, Kaleigh)
September 26, 2023 Opinion or Order Filing 94 Expedited Joint Motion for Discovery Pursuant to LCR 37(a)(2) Regarding Production of Source Code, filed by Plaintiff Reald Spark LLC. Oral Argument Requested. (Attachments: #1 Proposed Order) Noting Date 9/26/2023, (Boyd, Kaleigh)
September 20, 2023 Opinion or Order Filing 93 NOTICE of Appearance by attorney Benjamin J Byer on behalf of Defendant Microsoft Corporation. (Byer, Benjamin)
September 15, 2023 Opinion or Order Filing 92 NOTICE to Withdraw Pending Motion re #89 MOTION to Compel Production of Source Code ; by Plaintiff Reald Spark LLC. (Boyd, Kaleigh)
September 15, 2023 Opinion or Order Filing 91 ORDER granting in part and denying in part Parties's #88 Stipulated MOTION Regarding Extension of Pretrial Dates. Claim Construction Hearingis set for 2/16/2024 at 9:00 AM before Judge Tana Lin. Pretrial Conference set for 11/8/2024 at 01:00 PM before Judge Tana Lin. Jury Trial is set for 11/18/2024 at 09:00 AM before Judge Tana Lin. Parties to file Joint Claim Construction Brief by 9/29/2023, Discovery completed by 1/31/2024, Parties to exchange Initial Expert Reports by 4/1/2024, Parties to exchange Supplemental Expert Reports by 5/9/2024, Close of expert discovery by 5/24/2024, 39.1 Settlement Report due by 6/10/2024, Dispositive motions due by 6/28/2024, 39.1 mediation to be completed by 7/9/2024, Motions in Limine due by 10/14/2024, Pretrial Order due by 10/28/2024, Voir dire/jury instructions/trial briefs due by 11/1/2024. Signed by Judge Tana Lin. (SS)
September 14, 2023 Opinion or Order Filing 90 DECLARATION of Jennifer A. Mauri filed by Plaintiff Reald Spark LLC re #89 MOTION to Compel Production of Source Code (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Boyd, Kaleigh)
September 14, 2023 Opinion or Order Filing 89 MOTION to Compel Production of Source Code, filed by All Plaintiffs. Oral Argument Requested. (Attachments: #1 Proposed Order) Noting Date 9/29/2023, (Boyd, Kaleigh)
September 14, 2023 Opinion or Order Filing 88 Stipulated MOTION Stipulated Motion and Proposed Agreed Order Regarding Extension of Pretrial Dates, filed by Defendant Microsoft Corporation. (Attachments: #1 Proposed Order) Noting Date 9/14/2023, (Terwilliger, Molly)
August 31, 2023 Opinion or Order Filing 87 ORDER striking Plaintiff's #69 Motion to Compel Discovery Responses and Defendant's #71 Cross Motion for Enforcement of Protective Order. The Parties are ORDERED to meet and confer on any remaining discovery disputes that were raised in the stricken motions. If the Parties wish to bring any remaining disputes to the Court after they meet and confer, the Parties are further ORDERED to utilize the procedure set forth in LCR 37(a)(2) regarding any outstanding issues. Signed by Judge Tana Lin. (MJV)
August 25, 2023 Opinion or Order Filing 86 ORDER. Defendant's Motion to Stay Pending Inter Partes Review (Dkt. No. #64 ) is DENIED as premature. The Markman hearing is RESET for 2/16/2024 at 9:00 a.m., with a tutorial, if necessary, on 2/2/2024 at 9:00 a.m. All other deadlines remain operative. Signed by Judge Tana Lin. (MJV)
August 25, 2023 Opinion or Order Filing 85 NOTICE of Submission of Demonstrative In Support Of Defendant Microsoft's Motion to Stay Pending Inter Partes Review re #68 Reply to Response to Motion, #64 MOTION to Stay Defendant's Motion to Stay Pending Inter Partes Review, 82 Motion Hearing,, ; filed by Defendant Microsoft Corporation. (Attachments: #1 Exhibit A)(Terwilliger, Molly)
August 24, 2023 Opinion or Order Filing 84 ORDER granting Plaintiff's #75 Unopposed Motion to Seal Exhibits. Signed by Judge Tana Lin. (SB)
August 24, 2023 Opinion or Order Filing 83 ORDER granting Defendant's #72 Unopposed Motion to Seal Exhibit. Signed by Judge Tana Lin. (SB)
August 24, 2023 Opinion or Order Filing 82 MINUTE ENTRY for proceedings held before Judge Tana Lin - Dep Clerk: D. Staples; Pla Counsel: Ashley Moore, Jessica Pharis, Jennifer Mauri and Kaliegh Boyd; Def Counsel: Natalie Bennett, Molly Terwilliger, Andrew Devkar, Thomas; CR: Marci Chatelain; Time of Hearing: 11:00AM; Courtroom: Zoom; Motion Hearing held on 8/24/2023 re #64 MOTION to Stay Defendant's Motion to Stay Pending Inter Partes Review filed by Microsoft Corporation. The Court heard oral arguments from the Parties and takes the matter under advisement. (DS)
August 21, 2023 Opinion or Order Filing 81 ORDER re #74 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Enrico Trevisani for Plaintiff/Counter Defendant Reald Spark LLC by Clerk Ravi Subramanian. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d). (JWC)
August 14, 2023 Opinion or Order Filing 80 REPLY, filed by Defendant Microsoft Corporation, TO RESPONSE to #77 SEALED DOCUMENT Declaration of Mauri in Support of Plaintiff's Reply in Support of its Motion to Compel Discovery Responses and Cross-Opposition to Defendant's Motion for Protective Order; re #75 MOTION to, #71 CROSS MOTION AND RESPONSE re #69 MOTION to Compel Discovery Responses, #76 SEALED DOCUMENT Reply in Support of Motion to Compel Discovery Responses and Cross-Opposition to Defendant's Motion for Protective Order; re #75 MOTION to Seal Exhibits in Support of Plaintiff's Reply&l (Terwilliger, Molly)
August 10, 2023 Opinion or Order Application for Leave to Appear Pro Hac Vice #74 by attorney Enrico Trevisani will not be processed at this time. Attorney must first complete all requirements for PHV admission via PACER. Please contact Admissions Clerk Jesse Curry at 206-370-8439 or #jesse_curry@wawd.uscourts.gov with additional questions. (Ad hoc Attorney Enrico Trevisani) (JWC)
August 4, 2023 Opinion or Order Filing 79 DECLARATION of Mauri in Support of Plaintiff's Reply in Support of its Motion to Compel Discovery Responses and Cross-Opposition to Defendant's Motion for Protective Order filed by Plaintiff Reald Spark LLC re #69 MOTION to Compel Discovery Responses (Attachments: #1 Exhibit C)(Boyd, Kaleigh)
August 4, 2023 Opinion or Order Filing 78 REPLY, filed by Plaintiff Reald Spark LLC, TO RESPONSE to #69 MOTION to Compel Discovery Responses (Boyd, Kaleigh)
August 4, 2023 Opinion or Order Filing 77 SEALED DOCUMENT MOTION Declaration of Mauri in Support of Plaintiff's Reply in Support of its Motion to Compel Discovery Responses and Cross-Opposition to Defendant's Motion for Protective Order; re #75 MOTION to Seal Exhibits in Support of Plaintiff's Reply, #69 MOTION to Compel Discovery Responses ; by Plaintiff Reald Spark LLC. Oral Argument Requested. (Attachments: #1 Exhibit A (Sealed), #2 Exhibit B (Sealed), #3 Exhibit C) Noting Date 8/4/2023, (Boyd, Kaleigh) Modified title on 8/8/2023 (MJV).
August 4, 2023 Opinion or Order Filing 76 SEALED DOCUMENT MOTION Reply in Support of Motion to Compel Discovery Responses and Cross-Opposition to Defendant's Motion for Protective Order; re #75 MOTION to Seal Exhibits in Support of Plaintiff's Reply, re #69 MOTION to Compel Discovery Responses; by Plaintiff Reald Spark LLC. Oral Argument Requested. Noting Date 8/4/2023, (Boyd, Kaleigh) Modified title on 8/8/2023 (MJV).
August 4, 2023 Opinion or Order Filing 75 Unopposed MOTION to Seal Exhibits in Support of Plaintiff's Reply, filed by Plaintiff Reald Spark LLC. (Attachments: #1 Proposed Order) Noting Date 8/4/2023, (Boyd, Kaleigh) Modified title on 8/8/2023 (MJV).
August 4, 2023 Opinion or Order Filing 74 APPLICATION OF ATTORNEY Enrico Trevisani FOR LEAVE TO APPEAR PRO HAC VICE for All Plaintiffs (Fee Paid) Receipt No. AWAWDC-8113577 (Boyd, Kaleigh)
August 2, 2023 Opinion or Order Filing 73 NOTICE OF HEARING: Hearing on Defendant's #64 MOTION to Stay Pending Inter Partes Review is set for 8/24/2023 at 11:00 AM (PST) before Judge Tana Lin via Zoom videoconference. (KMP)
July 31, 2023 Opinion or Order Filing 72 Unopposed SEALED MOTION to Seal Exhibit in Support of Defendant's Opposition to Plaintiff's Motion to Compel and Cross-Motion for Enforcement of Protective Order; re #36 Protective Order, #71 CROSS MOTION AND RESPONSE re #69 MOTION to Compel Discovery Responses ; by Defendant Microsoft Corporation. (Attachments: #1 Proposed Order, #2 Exhibit (SEALED) Opposition to Plaintiff's Motion to Compel and Cross-Motion for Enforcement of Protective Order, #3 Exhibit 1 (SEALED) RealD's Second Supplemental Response to Microsoft's First Set of Interrogatories (No. 1), #4 Exhibit (SEALED) Declaration of Jeffrey Rowe) Noting Date 7/31/2023, (Terwilliger, Molly)
July 31, 2023 Opinion or Order Filing 71 CROSS MOTION AND RESPONSE re #69 MOTION to Compel Discovery Responses, filed by Defendant Microsoft Corporation. (Attachments: #1 Proposed Order, #2 Exhibit Declaration of Molly A. Terwilliger, #3 Exhibit 1 (REDACTED), #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit Declaration of Jeff Rowe (REDACTED)) Noting Date 8/18/2023, (Terwilliger, Molly)
July 20, 2023 Opinion or Order Filing 70 DECLARATION of Jennifer Mauri filed by Plaintiff Reald Spark LLC, Counter Defendant Reald Spark LLC re #69 MOTION to Compel Discovery Responses (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Boyd, Kaleigh)
July 20, 2023 Opinion or Order Filing 69 MOTION to Compel Discovery Responses, filed by Plaintiff Reald Spark LLC, Counter Defendant Reald Spark LLC. Oral Argument Requested. (Attachments: #1 Proposed Order) Noting Date 8/4/2023, (Boyd, Kaleigh)
July 17, 2023 Opinion or Order Filing 68 REPLY, filed by Defendant Microsoft Corporation, TO RESPONSE to #64 MOTION to Stay Defendant's Motion to Stay Pending Inter Partes Review (Terwilliger, Molly)
July 14, 2023 Opinion or Order Set/Reset Motion and R&R Deadlines/Hearings re #64 MOTION to Stay Defendant's Motion to Stay Pending Inter Partes Review; per #67 Stipulation. Replies due by 7/17/2023.(MJV)
July 13, 2023 Opinion or Order Filing 67 STIPULATION Stipulated Notice of Extension of Time for Defendant to File a Reply In Support of its Motion to Stay Pending Inter Partes Review by parties re #64 MOTION to Stay Defendant's Motion to Stay Pending Inter Partes Review (Terwilliger, Molly)
July 11, 2023 Opinion or Order Filing 66 PRAECIPE re #65 Response to Motion,,, by Plaintiff Reald Spark LLC (Attachments: #1 Amended Signature Page)(Mauri, Jennifer)
July 10, 2023 Opinion or Order Filing 65 RESPONSE, by Plaintiff Reald Spark LLC, to #64 MOTION to Stay Defendant's Motion to Stay Pending Inter Partes Review. Oral Argument Requested. (Attachments: #1 Declaration of Jennifer A. Mauri ISO Plaintiff's Opposition to Defendant's Motion to Stay Pending Inter Partes Review, #2 Exhibit 1 to the Declaration of Jennifer A. Mauri, #3 Exhibit 2 to the Declaration of Jennifer A. Mauri, #4 Exhibit 3 to the Declaration of Jennifer A. Mauri, #5 Exhibit 4 to the Declaration of Jennifer A. Mauri, #6 Exhibit 5 to the Declaration of Jennifer A. Mauri, #7 Exhibit 6 to the Declaration of Jennifer A. Mauri, #8 Exhibit 7 to the Declaration of Jennifer A. Mauri, #9 Exhibit 8 to the Declaration of Jennifer A. Mauri, #10 Exhibit 9 to the Declaration of Jennifer A. Mauri, #11 Declaration to Robert Ramsey ISO Plaintiff's Opposition to Defendant's Motion to Stay Pending Inter Partes Review)(Mauri, Jennifer)
June 27, 2023 Opinion or Order Filing 64 MOTION to Stay Defendant's Motion to Stay Pending Inter Partes Review, filed by Defendant Microsoft Corporation. (Attachments: #1 Proposed Order, #2 Exhibit Declaration of Molly A. Terwilliger, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3) Noting Date 7/14/2023, (Terwilliger, Molly)
May 8, 2023 Opinion or Order Filing 63 ORDER granting Defendant's #46 Motion to Compel. The Court DIRECTS Plaintiff to supplement its responses to Interrogatory No. 1 in a manner consistent with this Order within thirty (30) days. The Court also GRANTS, in part, Microsoft's request for a protective order, consistent with this Order. Signed by Judge Tana Lin. (LH)
May 1, 2023 Opinion or Order Filing 62 NOTICE Defendant's Notice of Submission of Previously Sealed Materials Pursuant to Court Order (Dkt. No. 60) re #60 Order on Sealed Motion,, Order on Motion to Seal,,, ; filed by Defendant Microsoft Corporation. (Attachments: #1 Exhibit Defs Mtn to Compel Discovery Resp (previously filed UNDER SEAL as Dkt. 47-2), #2 Exhibit Defs Mtn to Compel Discovery Resp, Ex. No. 2 (previously filed UNDER SEAL as Dkt. 47-3), #3 Exhibit Defs Mtn to Compel Discovery Resp, Ex. No. 3 (previously filed UNDER SEAL as Dkt. 47-4), #4 Exhibit Defs Reply ISO of Mtn to Compel Discovery Resp (previously filed UNDER SEAL as Dkt. 58), #5 Exhibit Decl. of A. Devkar ISO Defs Reply ISO Mtn to Compel Discovery Resp (previously filed UNDER SEAL as Dkt. 58-1))(Terwilliger, Molly)
May 1, 2023 Opinion or Order Filing 61 Unredacted #53 RESPONSE, re-filed by Plaintiff Reald Spark LLC per #60 Order, to #52 MOTION to Seal Certain Exhibits and Opposition, #56 MOTION to Seal Defendant's Motion to Seal Reply and Declaration in Support of Defendant's Motion to Compel, #47 SEALED MOTION to Seal Certain Exhibits In Support Of Defendant's Motion To Compel Discovery Response; re #36 Protective Order, #46 Redacted MOTION to Compel Defendant's Motion to Compel Discovery Response. Oral Argument Requested. (Attachments: #1 Exhibit A)(Boyd, Kaleigh) Modified to clarify title on 5/2/2023 (LH).
April 27, 2023 Opinion or Order Filing 60 ORDER Denying Motions to Seal. The Court DENIES without prejudice the Parties' pending motions to seal (Dkt. Nos. #47 , #52 , and #56 ). The Parties are ORDERED to re-file the sealed and redacted documents within three (3) days of this Order. Signed by Judge Tana Lin. (LH)
April 7, 2023 Opinion or Order Filing 59 STATEMENT Joint Claim Construction and Prehearing Statement by Defendant Microsoft Corporation (Attachments: #1 Exhibit Appendix A)(Terwilliger, Molly)
March 27, 2023 Opinion or Order ***Motion terminated: Dkt. #58 is a sealed reply, not a sealed motion. Therefore, this filing has been removed from the case's motion calendar. (LH)
March 24, 2023 Opinion or Order Filing 58 SEALED DOCUMENT MOTION to Defendant's Reply In Support of #46 Motion to Compel Discovery Response; re #56 MOTION to Seal Defendant's Motion to Seal Reply and Declaration in Support of Defendant's Motion to Compel, #57 Reply to Response to Motion,, ; by Defendant Microsoft Corporation. Oral Argument Requested. (Attachments: #1 Exhibit Declaration of Andrew V. Devkar (SEALED)) Noting Date 3/24/2023, (Terwilliger, Molly) Modified to add linkage and correct title on 3/27/2023 (LH)
March 24, 2023 Opinion or Order Filing 57 Redacted REPLY, filed by Defendant Microsoft Corporation, TO RESPONSE to #46 Redacted MOTION to Compel Defendant's Motion to Compel Discovery Response, #47 SEALED MOTION to Seal Certain Exhibits In Support Of Defendant's Motion To Compel Discovery Response; re #36 Protective Order, #46 Redacted MOTION to Compel Defendant's Motion to Compel Discovery Respon (Attachments: #1 Exhibit Declaration of Andrew V. Devkar (REDACTED), #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3)(Terwilliger, Molly) Modified title on 3/27/2023 (LH).
March 24, 2023 Opinion or Order Filing 56 MOTION to Seal Defendant's Motion to Seal Reply and Declaration in Support of Defendant's Motion to Compel, filed by Defendant Microsoft Corporation. (Attachments: #1 Proposed Order) Noting Date 4/14/2023, (Terwilliger, Molly)
March 20, 2023 Opinion or Order Filing 55 SEALED DOCUMENT Exhibit A by Plaintiff Reald Spark LLC re #52 MOTION to Seal Certain Exhibits and Opposition, #54 Sealed Document, (Boyd, Kaleigh)
March 20, 2023 Opinion or Order Filing 54 SEALED DOCUMENT Pltf's Resp to Def's Mot to Compel by Plaintiff Reald Spark LLC re #52 MOTION to Seal Certain Exhibits and Opposition, #46 Redacted MOTION to Compel Defendant's Motion to Compel Discovery Response (Boyd, Kaleigh)
March 20, 2023 Opinion or Order Filing 53 Redacted RESPONSE, by Plaintiff Reald Spark LLC, to #46 Redacted MOTION to Compel Defendant's Motion to Compel Discovery Response. Oral Argument Requested. (Attachments: #1 Exhibit)(Boyd, Kaleigh) Modified title on 3/21/2023 (LH).
March 20, 2023 Opinion or Order Filing 52 MOTION to Seal Certain Exhibits and Opposition, filed by Plaintiff Reald Spark LLC. (Attachments: #1 Proposed Order) Noting Date 4/7/2023, (Boyd, Kaleigh)
March 17, 2023 Opinion or Order Filing 51 ORDER re Parties' #50 Agreed Stipulated MOTION re Discovery of Electronically Stored Information. Signed by Judge Tana Lin. (LH)
March 16, 2023 Opinion or Order Filing 50 Agreed Stipulated MOTION re Discovery of Electronically Stored Information, filed by All Plaintiffs. Noting Date 3/16/2023, (Boyd, Kaleigh)
March 13, 2023 Opinion or Order Filing 49 ORDER re Parties' #45 Expedited Joint Motion for Discovery Pursuant to LCR 37(a)(2) Regarding Discovery of Electronically Stored Information. The Parties are ORDERED to submit their proposed Agreement Regarding Discovery of Electronically Stored Information containing the ordered terms by no later than 3/16/2023. Signed by Judge Tana Lin. (LH)
March 9, 2023 Opinion or Order NOTICE of Re-Setting Deadlines re Parties' #48 Notice. Pursuant to section II(G) of Judge Lin's Standing Order, the Parties' Preliminary Claim Constructions and extrinsic Evidence are now due by 3/20/2023. (LH)
March 8, 2023 Opinion or Order Filing 48 NOTICE STIPULATED NOTICE EXTENDING DEADLINE FOR PARTIES TO EXCHANGE PRELIMINARY CLAIMS CONSTRUCTION re #37 Order,,,,,, Set Deadlines/Hearings,,,,, ; filed by Defendant Microsoft Corporation. (Terwilliger, Molly)
March 7, 2023 Opinion or Order NOTICE of Docket Modification re Dkt. #47 . The Motion to Seal (dkt. #47 ), and the related proposed order (dkt. #47 -1) have been administratively unsealed by the clerk with permission from chambers. The remaining exhibits at dkt. #47 -2, -3, and -4 remain sealed. (LH)
March 3, 2023 Opinion or Order Filing 47 SEALED MOTION MOTION to Seal Certain Exhibits In Support Of Defendant's Motion To Compel Discovery Response; re #36 Protective Order, #46 Redacted MOTION to Compel Defendant's Motion to Compel Discovery Response ; by Defendant Microsoft Corporation. Oral Argument Requested. (Attachments: #1 Proposed Order, #2 SEALED (UNDER SEAL) Motion to Compel Discovery Response, #3 SEALED Exhibit 2 (UNDER SEAL), #4 SEALED Exhibit 3 (UNDER SEAL)) Noting Date 3/24/2023, (Terwilliger, Molly) Modified to administratively unseal Motion to Seal and proposed Order on 3/7/2023 (LH)
March 3, 2023 Opinion or Order Filing 46 Redacted MOTION to Compel Defendant's Motion to Compel Discovery Response, filed by Defendant Microsoft Corporation. Oral Argument Requested. (Attachments: #1 Proposed Order, #2 Declaration of Natalie A. Bennett In SUpport of Defendant's Motion to Compel Discovery Responses, #3 Exhibit 1, #4 Exhibit 2 (UNDER SEAL), #5 Exhibit 3 (UNDER SEAL), #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9, #12 Exhibit 10, #13 Exhibit 11) Noting Date 3/24/2023, (Terwilliger, Molly)
March 1, 2023 Opinion or Order Filing 45 Expedited Joint Motion for Discovery Pursuant to LCR 37(a)(2) Regarding Discovery of Electronically Stored Information, filed by Plaintiff Reald Spark LLC, Counter Defendant Reald Spark LLC. (Attachments: #1 Exhibit A, #2 Proposed Order) Noting Date 3/1/2023, (Boyd, Kaleigh)
February 24, 2023 Opinion or Order Filing 44 NOTICE Joint Notice Regarding Submission of Proposed ESI Order ; filed by Plaintiff Reald Spark LLC, Counter Defendant Reald Spark LLC. (Boyd, Kaleigh)
February 17, 2023 Opinion or Order Filing 43 ORDER re #41 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Jennifer A Mauri for Plaintiff/Counter Defendant Reald Spark LLC by Clerk Ravi Subramanian. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d). (JWC)
February 17, 2023 Opinion or Order Filing 42 ORDER re #40 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Jessica E Pharis for Plaintiff/Counter Defendant Reald Spark LLC by Clerk Ravi Subramanian. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d). (JWC)
February 16, 2023 Opinion or Order Filing 41 APPLICATION OF ATTORNEY Jennifer A. Mauri FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiff Reald Spark LLC (Fee Paid) Receipt No. AWAWDC-7893281 (Boyd, Kaleigh)
February 16, 2023 Opinion or Order Filing 40 APPLICATION OF ATTORNEY Jessica E. Pharis FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiff Reald Spark LLC (Fee Paid) Receipt No. AWAWDC-7893265 (Boyd, Kaleigh)
February 16, 2023 Opinion or Order Filing 39 NOTICE OF WITHDRAWAL OF COUNSEL: Attorney Alexandra F Easley for Plaintiff Reald Spark LLC, Counter Defendant Reald Spark LLC. (Easley, Alexandra)
February 10, 2023 Opinion or Order Filing 38 NOTICE Joint Notice Regarding Submission of Proposed ESI Order ; filed by Defendant Microsoft Corporation. (Terwilliger, Molly)
February 8, 2023 Opinion or Order Filing 37 ORDER SETTING JURY TRIAL DATE AND RELATED DATES by Judge Tana Lin. Preliminary infringement contentions and asserted claims due 12/27/2022, Preliminary non-infringement and invalidity contentions due 1/26/2023, Proposed terms and claim elements for construction due 2/15/2023, Preliminary Claim Constructions and extrinsic Evidence due 3/17/2023, Joinder of Parties due by 3/23/2023, Amended Pleadings due by 3/23/2023, Joint claim chart due 4/7/2023, Joint claim construction brief due 9/29/2023, Discovery completed by 11/1/2023, Initial Expert Disclosure/Reports due by 1/2/2024, Supplemental Expert Disclosure/Reports due by 2/12/2024, Expert Discovery due by 3/16/2024, Dispositive motions due by 4/29/2024, 39.1 Settlement conference to be held by 6/10/2024, 39.1 mediation to be held by 7/9/2024, Motions in Limine due by 8/5/2024, Pretrial Order due by 8/19/2024, Trial briefs/Proposed voir dire/jury instructions due by 8/26/2024.Markman Hearing set for 10/27/2023 at 01:30 PM in Courtroom 14206 before Judge Tana Lin. Pretrial Conference set for 8/28/2024 at 01:00 PM in Courtroom 14206 before Judge Tana Lin. Jury Trial is set for 9/9/2024 at 09:00 AM in Courtroom 14206 before Judge Tana Lin. Length of Trial: 10 days. (KMP)
February 7, 2023 Opinion or Order Filing 36 STIPULATED PROTECTIVE ORDER re Parties' #35 Stipulated MOTION. Signed by Judge Tana Lin. (LH)
February 3, 2023 Opinion or Order Filing 35 Stipulated MOTION for Protective Order , filed by Plaintiff Reald Spark LLC, Counter Defendant Reald Spark LLC. (Attachments: #1 Proposed Order, #2 Exhibit Redline) Noting Date 2/3/2023, (Boyd, Kaleigh)
February 1, 2023 Opinion or Order Filing 34 NOTICE of Change of Address/Change of Name of Attorney Ashley N Moore. Filed by Plaintiff Reald Spark LLC, Counter Defendant Reald Spark LLC. (Moore, Ashley)
January 27, 2023 Opinion or Order Filing 33 NOTICE Joint Notice Regarding Submission of Proposed Discovery-Related Orders ; filed by Defendant Microsoft Corporation. (Terwilliger, Molly)
December 30, 2022 Opinion or Order Filing 32 ANSWER to #30 Answer to Complaint,, Counterclaim, by Reald Spark LLC.(Moore, Ashley)
December 12, 2022 Opinion or Order Filing 31 JOINT STATUS REPORT signed by all parties. Estimated Trial Days: 10 days. (Terwilliger, Molly)
December 9, 2022 Opinion or Order Filing 30 ANSWER to #1 Complaint, Defendant Microsoft Corporation's Answer, Affirmative Defenses, and Counterclaims to Plaintiff's Complaint for Breach of Contract, Theft of Trade Secrets, and Patent Infringement with JURY DEMAND, COUNTERCLAIM against plaintiff Reald Spark LLC by Microsoft Corporation.(Terwilliger, Molly)
December 8, 2022 Opinion or Order Filing 29 ORDER re #25 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Susan Stradley for Defendant Microsoft Corporation by Clerk Ravi Subramanian. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d). (JWC)
December 8, 2022 Opinion or Order Filing 28 ORDER re #24 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Thomas R Davis for Defendant Microsoft Corporation by Clerk Ravi Subramanian. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d). (JWC)
December 8, 2022 Opinion or Order Filing 27 ORDER re #23 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Natalie A Bennett for Defendant Microsoft Corporation by Clerk Ravi Subramanian. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d). (JWC)
December 8, 2022 Opinion or Order Filing 26 ORDER re #22 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Andrew V Devkar for Defendant Microsoft Corporation by Clerk Ravi Subramanian. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d). (JWC)
December 7, 2022 Opinion or Order Filing 25 APPLICATION OF ATTORNEY Susan Stradley FOR LEAVE TO APPEAR PRO HAC VICE for Defendant Microsoft Corporation (Fee Paid) Receipt No. AWAWDC-7803351 (Terwilliger, Molly)
December 7, 2022 Opinion or Order Filing 24 APPLICATION OF ATTORNEY Thomas R. Davis FOR LEAVE TO APPEAR PRO HAC VICE for Defendant Microsoft Corporation (Fee Paid) Receipt No. AWAWDC-7803341 (Terwilliger, Molly)
December 7, 2022 Opinion or Order Filing 23 APPLICATION OF ATTORNEY Natalie A. Bennett FOR LEAVE TO APPEAR PRO HAC VICE for Defendant Microsoft Corporation (Fee Paid) Receipt No. AWAWDC-7803330 (Terwilliger, Molly)
December 7, 2022 Opinion or Order Filing 22 APPLICATION OF ATTORNEY Andrew V. Devkar FOR LEAVE TO APPEAR PRO HAC VICE for Defendant Microsoft Corporation (Fee Paid) Receipt No. AWAWDC-7803299 (Terwilliger, Molly)
November 23, 2022 Opinion or Order Filing 21 ORDER granting Parties' #20 Joint Stipulated MOTION. The Court hereby ORDERS Defendant Microsoft Corporation to answer or otherwise respond to Plaintiff's Complaint by 12/9/2022. Signed by Judge Tana Lin. (LH)
November 22, 2022 Opinion or Order Filing 20 Joint Stipulated MOTION Stipulation and Proposed Agreed Order Regarding Second Request for Extension of Time to Respond to Complaint, filed by Defendant Microsoft Corporation. (Attachments: #1 Proposed Order)(Terwilliger, Molly)
November 16, 2022 Opinion or Order Filing 19 CORPORATE DISCLOSURE STATEMENT indicating no Corporate Parents and/or Affiliates. Filed pursuant to Fed.R.Civ.P 7.1. Filed by Microsoft Corporation (Terwilliger, Molly)
November 14, 2022 Opinion or Order Filing 18 CORPORATE DISCLOSURE STATEMENT indicating no Corporate Parents and/or Affiliates. Filed pursuant to Fed.R.Civ.P 7.1. Filed by Reald Spark LLC (Boyd, Kaleigh)
October 19, 2022 Opinion or Order Filing 17 ORDER re #16 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Alexandra F Easley for Plaintiff Reald Spark LLC by Clerk Ravi Subramanian. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d). (JWC)
October 18, 2022 Opinion or Order Filing 16 APPLICATION OF ATTORNEY Alexandra F. Easley FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiff Reald Spark LLC (Fee Paid) Receipt No. AWAWDC-7743129 (Boyd, Kaleigh)
October 17, 2022 Opinion or Order Filing 15 ORDER granting Parties' #14 Joint MOTION for Extension of Time. Defendant Microsoft Corporation is to answer or otherwise respond to Plaintiff's Complaint by November 28, 2022. Signed by Judge Tana Lin. (LH)
October 17, 2022 Opinion or Order Noting Date Reset for 10/14/2022 re #14 Joint MOTION for Extension of Time to File Answer, pursuant to LCR 7(d)(1). (LH)
October 14, 2022 Opinion or Order Filing 14 Joint MOTION for Extension of Time to File Answer re #1 Complaint, Stipulation and Proposed Agreed Order Regarding Request for Extension of Time to Respond to Complaint, filed by Defendant Microsoft Corporation. (Attachments: #1 Proposed Order) Noting Date 10/14/2022 11/28/2022, (Terwilliger, Molly) Modified noting date on 10/17/2022 (LH).
October 14, 2022 Opinion or Order Filing 13 ORDER REGARDING INITIAL DISCLOSURES AND JOINT STATUS REPORT FOR PATENT CASES by Judge Tana Lin. FRCP 26(f) Conference Deadline is 11/14/2022, Initial Disclosure Deadline is 11/28/2022, Joint Status Report due by 12/12/2022. (KMP)
October 13, 2022 Opinion or Order Filing 12 NOTICE of Appearance by attorney Patricia A Eakes on behalf of Defendant Microsoft Corporation. (Eakes, Patricia)
October 13, 2022 Opinion or Order Filing 11 NOTICE of Appearance by attorney Molly A Terwilliger on behalf of Defendant Microsoft Corporation. (Terwilliger, Molly)
October 7, 2022 Opinion or Order Filing 10 AFFIDAVIT of Service of Summons and Complaint on Microsoft Corporation on 10/5/2022, filed by Plaintiff Reald Spark LLC. (Moore, Ashley)
July 11, 2022 Opinion or Order Filing 9 REPORT on the filing or determination of an action. Emailed to the US Patent Office. (ST)
July 11, 2022 Opinion or Order Filing 8 Summons(es) Electronically Issued as to defendant(s) Microsoft Corporation. (SR)
July 11, 2022 Opinion or Order Filing 7 MINUTE ORDER (text only) made at the direction of Judge Tana Lin: The Court has posted Chambers Procedures at http://www.wawd.uscourts.gov/judges/lin-procedures. All counsel and unrepresented ("pro se") parties are DIRECTED to review them, if they have not already done so. Failure to follow the requirements set forth in the Chambers Procedures may result in the imposition of sanctions. (KMP)
July 11, 2022 Opinion or Order Filing 6 STANDING ORDER REGARDING 28 U.S.C. 455 AND CANON 3 OF THE CODE OF CONDUCT FOR UNITED STATES JUDGES by Judge Tana Lin. (KMP)
July 11, 2022 Opinion or Order Filing 5 PRAECIPE TO ISSUE SUMMONS re #1 Complaint, by Plaintiff Reald Spark LLC (Boyd, Kaleigh)
July 11, 2022 Opinion or Order Filing 4 ORDER re #2 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Ashley N Moore for Plaintiff Reald Spark LLC by Clerk Ravi Subramanian. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d). (JWC)
July 8, 2022 Opinion or Order Filing 3 Notice of Filing Deficiency re #1 Complaint,. ***Action Required*** Copyright/Patent/Trademark Forms Omitted, Summons Form Incomplete.See attached letter for more information and instructions. (MJV)
July 8, 2022 Opinion or Order Judge Tana Lin added. (MJV)
July 7, 2022 Opinion or Order Filing 2 APPLICATION OF ATTORNEY Ashley N. Moore FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiff Reald Spark, LLC (Fee Paid) Receipt No. AWAWDC-7621076 (Boyd, Kaleigh)
July 7, 2022 Opinion or Order Filing 1 COMPLAINT against defendant(s) Microsoft Corporation with JURY DEMAND (Receipt # AWAWDC-7620703) Attorney Kaleigh Boyd added to party Reald Spark, LLC(pty:pla), filed by Reald Spark, LLC. (Attachments: #1 Civil Cover Sheet, #2 Summons)(Boyd, Kaleigh)

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Search for this case: Reald Spark, LLC v. Microsoft Corporation
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Plaintiff: Reald Spark, LLC
Represented By: Kaleigh Boyd
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Counter claimant: Microsoft Corporation
Represented By: Thomas R Davis
Represented By: Andrew V Devkar
Represented By: Molly A Terwilliger
Represented By: Natalie A Bennett
Represented By: Susan Stradley
Represented By: Patricia A Eakes
Represented By: Matthew Dumont Clark
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Counter defendant: Reald Spark LLC
Represented By: Ashley N Moore
Represented By: Kaleigh Boyd
Represented By: Alexandra F Easley
Represented By: Jennifer A Mauri
Represented By: Jessica E Pharis
Represented By: Enrico Trevisani
Represented By: Jason Blackstone
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