SurfCast Inc v. Microsoft Corporation
| SurfCast Inc |
| Microsoft Corporation |
| 2:2022cv01298 |
| September 14, 2022 |
| US District Court for the Western District of Washington |
| John H Chun |
| Jamal N Whitehead |
| Patent |
| 35 U.S.C. § 271 Patent Infringement |
| Plaintiff |
Docket Report
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| Filing 68 JOINT STATUS REPORT signed by all parties. (Wechkin, Robin) |
| Case Reassigned to Judge Jamal N Whitehead. Judge John H. Chun no longer assigned to the case. (AD) |
Filing 67
ORDER re Parties' #66 Stipulated MOTION. This case is STAYED pending final resolution, including any appeals, of the IPR proceedings on the patents-in-suit. All case deadlines are VACATED. The parties shall file a status report every six (6) months updating the Court as to the status of the IPR proceedings. Signed by Judge John H. Chun. (SB)
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| Filing 66 Stipulated MOTION Joint Stipulation and [Proposed] Order regarding Stay, filed by Defendant Microsoft Corporation. Noting Date 10/12/2022, (Wechkin, Robin) |
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Filing 65
ORDER REGARDING INITIAL DISCLOSURES AND JOINT STATUS REPORT by Judge John H. Chun. Joint Status Report due by 11/1/2022, FRCP 26(f) Conference Deadline is 10/11/2022, Initial Disclosure Deadline is 10/25/2022. (AD)
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Filing 64
ORDER re #63 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Brian Sherwood Seal for Plaintiff SurfCast Inc 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)
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| Filing 63 APPLICATION OF ATTORNEY Brian Sherwood Seal FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiff SurfCast Inc (Fee Paid) Receipt No. AWAWDC-7712166 (McDevitt, Ryan) |
| Filing 62 NOTICE of Appearance by attorney Ryan McDevitt on behalf of Plaintiff SurfCast Inc. (McDevitt, Ryan) |
| Per phone call from the law office of Gillam & Smith LLP, attorneys Andrew Thompson Gorham and Melissa Richards Smith will not be filing pro hac vice applications in this case. (SR) (cc: Gorham and Smith via ECF ad hoc) |
| Filing 61 LETTER from Clerk to counsel re receipt of case from District of Western District of Texas, Waco and advising of WAWD case number and judge assignment. (RE) |
| Filing 60 LETTER from Clerk to counsel re receipt of case from District of Western District of Texas, Waco and advising of WAWD case number and judge assignment. (clerical error, please see docket entry #61) (RE) |
| Filing 59 SEALED DOCUMENT Memorandum Opinion and Order by Defendant Microsoft Corporation re #55 Sealed Order. (Order forwarded from Western District of Texas) (RE) |
| Filing 58 Case transferred in from Western District of Texas, Waco Division; Case Number 6:21-cv-01018-ADA. |
| Judge John H. Chun added. (RE) |
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Filing 57
ORDER CANCELLING Markman Hearing. Signed by Judge Alan D Albright. (bot1) [Transferred from txwd on 9/14/2022.]
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| Filing 56 Report on Patent/Trademark sent to U.S. Patent and Trademark Office. (bot1) [Transferred from txwd on 9/14/2022.] |
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Filing 55
Sealed Order GRANTING Sealed Motion. Signed by Judge Alan D Albright. (sm3) [Transferred from txwd on 9/14/2022.]
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| Filing 54 Redacted Copy of #51 Sealed Document, by Microsoft Corporation. (Smith, Melissa) [Transferred from txwd on 9/14/2022.] |
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Filing 53
ORDER RESETTING MARKMAN for 9/16/2022 01:30 PM before Judge Alan D Albright. Signed by Judge Alan D Albright. (lad) [Transferred from txwd on 9/14/2022.]
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| Filing 52 ATTACHMENT (Non-Confidential Exhibits) to #51 Sealed Document, by Microsoft Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 8, #3 Exhibit 9, #4 Exhibit 10, #5 Exhibit 11, #6 Exhibit 12, #7 Exhibit 13, #8 Exhibit 14, #9 Exhibit 15, #10 Exhibit 16, #11 Exhibit 17, #12 Exhibit 18, #13 Exhibit 19, #14 Exhibit 20, #15 Exhibit 21, #16 Exhibit 22, #17 Exhibit 23, #18 Exhibit 24, #19 Exhibit 25, #20 Exhibit 26, #21 Exhibit 27, #22 Exhibit 28, #23 Exhibit 29, #24 Exhibit 30, #25 Exhibit 31, #26 Exhibit 32, #27 Exhibit 33, #28 Exhibit 34, #29 Exhibit 35, #30 Exhibit 36, #31 Exhibit 37, #32 Exhibit 38, #33 Exhibit 39, #34 Exhibit 40, #35 Exhibit 41, #36 Exhibit 42, #37 Exhibit 43, #38 Exhibit 44, #39 Exhibit 45, #40 Exhibit 46, #41 Exhibit 47, #42 Exhibit 48, #43 Exhibit 49, #44 Exhibit 50, #45 Exhibit 51, #46 Exhibit 52)(Smith, Melissa) [Transferred from txwd on 9/14/2022.] |
| Filing 51 Sealed Document: REPLY IN SUPPORT of #33 Sealed Motion TO TRANSFER VENUE TO THE WESTERN DISTRICT OF WASHINGTON by Microsoft Corporation by Microsoft Corporation (Attachments: #1 Exhibit 2, #2 Exhibit 3, #3 Exhibit 4, #4 Exhibit 5, #5 Exhibit 6, #6 Exhibit 7, #7 Exhibit 53) (Smith, Melissa) [Transferred from txwd on 9/14/2022.] |
| Filing 50 Sealed Document: Plaintiff Surfcast, Inc's Brief In Opposition to Defendant's Motion to Transfer of #33 Sealed Motion TO TRANSFER VENUE TO THE WESTERN DISTRICT OF WASHINGTON by Microsoft Corporation by SurfCast, Inc. (Attachments: #1 Declaration of S. Gregory, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16, #18 Exhibit 17, #19 Exhibit 18, #20 Exhibit 19) (Siegmund, Mark) [Transferred from txwd on 9/14/2022.] |
| Filing 49 STATUS REPORT MICROSOFTS AMENDED STATUS REPORT REGARDING MOTION TO TRANSFER by Microsoft Corporation. (Smith, Melissa) [Transferred from txwd on 9/14/2022.] |
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Filing 48
ORDER GRANTING #46 Motion to Appear Pro Hac Vice for Attorney Srecko Vidmar. Attorney added for Microsoft Corporation. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order, if he/she has not previously done so for a prior case in this District. Signed by Judge Alan D Albright. (bot1) [Transferred from txwd on 9/14/2022.]
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Filing 47
ORDER GRANTING #45 Motion to Appear Pro Hac Vice for Attorney Gwen Hochman Stewart. Attorney added for Microsoft Corporation. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order, if he/she has not previously done so for a prior case in this District. Signed by Judge Alan D Albright. (bot1) [Transferred from txwd on 9/14/2022.]
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| Filing 46 MOTION to Appear Pro Hac Vice by Melissa Richards Smith on Behalf of S Vidmar ( Filing fee $ 100 receipt number 0542-16245387) by on behalf of Microsoft Corporation. (Attachments: #1 Proposed Order)(Smith, Melissa) [Transferred from txwd on 9/14/2022.] |
| Filing 45 MOTION to Appear Pro Hac Vice by Melissa Richards Smith on behalf of GWEN HOCHMAN STEWART ( Filing fee $ 100 receipt number 0542-16238050) by on behalf of Microsoft Corporation. (Attachments: #1 Proposed Order)(Smith, Melissa) [Transferred from txwd on 9/14/2022.] |
| Filing 44 STATUS REPORT Joint Claim Construction Statement by SurfCast, Inc.. (Siegmund, Mark) [Transferred from txwd on 9/14/2022.] |
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Filing 43
ORDER Setting Zoom Markman Hearing for 9/1/2022 10:30 AM before Judge Alan D Albright. Signed by Judge Alan D Albright. (bot2) [Transferred from txwd on 9/14/2022.]
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| Filing 42 BRIEF SUR-REPLY CLAIM CONSTRUCTION BRIEF by Microsoft Corporation. (Smith, Melissa) [Transferred from txwd on 9/14/2022.] |
| Filing 41 STATUS REPORT REGARDING MOTION TO TRANSFER by Microsoft Corporation. (Smith, Melissa) [Transferred from txwd on 9/14/2022.] |
| Filing 40 NOTICE of Attorney Appearance by Gregory Phillip Love on behalf of SurfCast, Inc.. Attorney Gregory Phillip Love added to party SurfCast, Inc.(pty:pla) (Love, Gregory) [Transferred from txwd on 9/14/2022.] |
| Filing 39 BRIEF Responsive Claim Construction Brief by Microsoft Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Smith, Melissa) [Transferred from txwd on 9/14/2022.] |
| Filing 38 Opening Claim Construction Brief by SurfCast, Inc.. (Siegmund, Mark) [Transferred from txwd on 9/14/2022.] |
| Filing 37 Response in Opposition to Motion, filed by SurfCast, Inc., re #35 Opposed MOTION to Stay PENDING RESOLUTION OF OPPOSED MOTION TO TRANSFER filed by Defendant Microsoft Corporation (Attachments: #1 Exhibit A)(Siegmund, Mark) [Transferred from txwd on 9/14/2022.] |
| Filing 36 Redacted Copy of #33 Sealed Motion TO TRANSFER VENUE TO THE WESTERN DISTRICT OF WASHINGTON by Microsoft Corporation by Microsoft Corporation. (Attachments: #1 Affidavit Micallef, #2 Affidavit Woodman, #3 Affidavit Perry, #4 Affidavit Rosenbloom)(Smith, Melissa) [Transferred from txwd on 9/14/2022.] |
| Filing 35 Opposed MOTION to Stay PENDING RESOLUTION OF OPPOSED MOTION TO TRANSFER by Microsoft Corporation. (Attachments: #1 Proposed Order)(Smith, Melissa) [Transferred from txwd on 9/14/2022.] |
| Filing 34 ATTACHMENT to #33 Sealed Motion TO TRANSFER VENUE TO THE WESTERN DISTRICT OF WASHINGTON by Microsoft Corporation by Microsoft 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, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37, #38 Exhibit 38, #39 Exhibit 39, #40 Exhibit 40, #41 Exhibit 41, #42 Exhibit 42, #43 Exhibit 43, #44 Exhibit 44, #45 Exhibit 45)(Smith, Melissa) [Transferred from txwd on 9/14/2022.] |
| Filing 33 Sealed Motion TO TRANSFER VENUE TO THE WESTERN DISTRICT OF WASHINGTON by Microsoft Corporation (Attachments: #1 Affidavit Micallef, #2 Affidavit Woodman, #3 Affidavit Perry, #4 Affidavit Rosenbloom, #5 Proposed Order) (Smith, Melissa) [Transferred from txwd on 9/14/2022.] |
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Filing 32
Standing Order Regarding Order Governing Proceedings Patent Cases. Signed by Judge Alan D Albright. [Transferred from txwd on 9/14/2022.]
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Filing 31
ORDER GRANTING #28 Motion to Appear Pro Hac Vice for Attorney Joseph A. Micallef. Attorney added for Microsoft Corporation. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order, if he/she has not previously done so for a prior case in this District. Signed by Judge Alan D Albright. (bot3) [Transferred from txwd on 9/14/2022.]
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Filing 30
ORDER GRANTING #29 Motion to Appear Pro Hac Vice for Attorney Matthew Brian Mahoney for Microsoft Corporation. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Alan D Albright. (sm3) [Transferred from txwd on 9/14/2022.]
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| Filing 29 MOTION to Appear Pro Hac Vice by Melissa Richards Smith for M. Mahoney ( Filing fee $ 100 receipt number 0542-15894516) by on behalf of Microsoft Corporation. (Attachments: #1 Proposed Order)(Smith, Melissa) [Transferred from txwd on 9/14/2022.] |
| Filing 28 MOTION to Appear Pro Hac Vice by Melissa Richards Smith for J. Micallef ( Filing fee $ 100 receipt number 0542-15894497) by on behalf of Microsoft Corporation. (Attachments: #1 Proposed Order)(Smith, Melissa) [Transferred from txwd on 9/14/2022.] |
| Filing 27 NOTICE of Inter Partes Review Filings by SurfCast, Inc. (Siegmund, Mark) [Transferred from txwd on 9/14/2022.] |
| Parties shall comply with Judge Albright's updated #standing orders and # COVID-19 standing order available by clicking the included hyperlinks. The updated orders are as follows:1. #Standing Order Regarding Notice of Readiness for Patent Cases 030722,2. #Standing Order on Pretrial Procedures and Requirements in Civil Cases 030722,3. #Standing Order Governing Proceedings 4.0 - Patent Cases 030722,4. #Amended Standing Order Regarding Coronavirus (COVID-19) and Court Proceedings,5. #Amended Standing Order Regarding Joint Or Unopposed Request To Change Deadlines 030722,6. #Amended Standing Order Regarding Filing Documents Under Seal and Redacted Public Versions 030722. (jkda) [Transferred from txwd on 9/14/2022.] |
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Filing 26
ORDER GRANTING #24 Motion for Protective Order. Signed by Judge Alan D Albright. (jc5) [Transferred from txwd on 9/14/2022.]
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Filing 25
SCHEDULING ORDER:Markman Hearing set for 7/8/2022 09:00 AM before Judge Alan D Albright. Joinder of Parties due by 8/19/2022. Amended Pleadings due by 10/28/2022. Dispositive Motions due by 3/24/2023. Pretrial Conference set for 5/26/2023 before Judge Alan D Albright. Jury Selection set for 6/19/2023 before Judge Jeffrey C. Manske. Jury Trial set for 6/19/2023 before Judge Alan D Albright. Signed by Judge Alan D Albright. (jc5) [Transferred from txwd on 9/14/2022.]
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| Filing 24 Joint MOTION for Protective Order Joint Motion for Entry of Agreed Protective Order by SurfCast, Inc.. (Attachments: #1 Exhibit A- Protective Order)(Siegmund, Mark) [Transferred from txwd on 9/14/2022.] |
| Filing 23 Joint MOTION for Entry of Scheduling Order by SurfCast, Inc.. (Attachments: #1 Proposed Order)(Siegmund, Mark) [Transferred from txwd on 9/14/2022.] |
| Filing 22 STATUS REPORT Joint Claim Construction Statement by SurfCast, Inc.. (Siegmund, Mark) [Transferred from txwd on 9/14/2022.] |
| Filing 21 NOTICE of Attorney Appearance by Andrew Thompson Gorham on behalf of Microsoft Corporation. Attorney Andrew Thompson Gorham added to party Microsoft Corporation(pty:dft) (Gorham, Andrew) [Transferred from txwd on 9/14/2022.] |
| Filing 20 NOTICE of Change of Address by Mark D. Siegmund (Siegmund, Mark) [Transferred from txwd on 9/14/2022.] |
| Filing 19 ANSWER to #1 Complaint, by Microsoft Corporation. (Attachments: #1 Exhibit A)(Smith, Melissa) [Transferred from txwd on 9/14/2022.] |
| Filing 18 NOTICE of Change of Address by Mark D. Siegmund (Siegmund, Mark) [Transferred from txwd on 9/14/2022.] |
| Filing 17 NOTICE OF AGREED EXTENSION OF DEADLINE by Microsoft Corporation (Smith, Melissa) [Transferred from txwd on 9/14/2022.] |
| Filing 16 NOTICE of Attorney Appearance by Melissa Richards Smith on behalf of Microsoft Corporation. Attorney Melissa Richards Smith added to party Microsoft Corporation(pty:dft) (Smith, Melissa) [Transferred from txwd on 9/14/2022.] |
| Reset Deadlines: Microsoft Corporation answer due 12/10/2021. (jc5) [Transferred from txwd on 9/14/2022.] |
| Filing 14 RULE 7 DISCLOSURE STATEMENT filed by SurfCast, Inc.. (Siegmund, Mark) [Transferred from txwd on 9/14/2022.] |
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Filing 15
Standing Order Regarding Order Governing Proceedings Patent Cases. Signed by Judge Alan D Albright. [Transferred from txwd on 9/14/2022.]
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Filing 13
ORDER GRANTING #8 Motion to Appear Pro Hac Vice for Attorney Thomas G. Southard for SurfCast, Inc.. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Alan D Albright. (jc5) [Transferred from txwd on 9/14/2022.]
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Filing 12
ORDER GRANTING #7 Motion to Appear Pro Hac Vice for Attorney Shaun D. Gregory. Attorney added for SurfCast, Inc. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order, if he/she has not previously done so for a prior case in this District. Signed by Judge Alan D Albright. (jkda) [Transferred from txwd on 9/14/2022.]
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Filing 11
ORDER GRANTING #6 Motion to Appear Pro Hac Vice for Attorney Mitchell S. Zajac. Attorney added for SurfCast, Inc. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order, if he/she has not previously done so for a prior case in this District. Signed by Judge Alan D Albright. (jkda) [Transferred from txwd on 9/14/2022.]
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Filing 10
ORDER GRANTING #5 Motion to Appear Pro Hac Vice for Attorney Brian S. Seal. Attorney added for SurfCast, Inc. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order, if he/she has not previously done so for a prior case in this District. Signed by Judge Alan D Albright. (jkda) [Transferred from txwd on 9/14/2022.]
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| Filing 9 SUMMONS Returned Executed by SurfCast, Inc.. Microsoft Corporation served on 10/5/2021, answer due 10/26/2021. (Siegmund, Mark) [Transferred from txwd on 9/14/2022.] |
| Filing 8 MOTION to Appear Pro Hac Vice by Mark D. Siegmund for Thomas Southard ( Filing fee $ 100 receipt number 0542-15296185) by on behalf of SurfCast, Inc.. (Attachments: #1 Proposed Order)(Siegmund, Mark) (Main Document 8 replaced on 10/5/2021) (jc5). (Main Document 8 replaced on 10/5/2021 due to document submission not flattened) (jc5). [Transferred from txwd on 9/14/2022.] |
| Filing 7 MOTION to Appear Pro Hac Vice by Mark D. Siegmund for Shaun Gregory ( Filing fee $ 100 receipt number 0542-15296175) by on behalf of SurfCast, Inc.. (Attachments: #1 Proposed Order)(Siegmund, Mark) [Transferred from txwd on 9/14/2022.] |
| Filing 6 MOTION to Appear Pro Hac Vice by Mark D. Siegmund for Mitchell Zajac ( Filing fee $ 100 receipt number 0542-15296166) by on behalf of SurfCast, Inc.. (Attachments: #1 Proposed Order)(Siegmund, Mark) [Transferred from txwd on 9/14/2022.] |
| Filing 5 MOTION to Appear Pro Hac Vice by Mark D. Siegmund for Brian S. Seal ( Filing fee $ 100 receipt number 0542-15296158) by on behalf of SurfCast, Inc.. (Attachments: #1 Proposed Order)(Siegmund, Mark) [Transferred from txwd on 9/14/2022.] |
| Document #8 was not flattened. Please notice that all documents are required to be flattened upon filing. The US Clerk's Office will flatten any document needed prior but all parties MUST flatten documents going forward. Contact the Clerk's Office for any questions. (jc5) [Transferred from txwd on 9/14/2022.] |
| Filing 4 Summons Issued as to Microsoft Corporation. (jc5) [Transferred from txwd on 9/14/2022.] |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS by SurfCast, Inc.. (Siegmund, Mark) [Transferred from txwd on 9/14/2022.] |
| All parties shall comply with the Standing Orders located at https://www.txwd.uscourts.gov/judges-information/standing-orders/. (lad) [Transferred from txwd on 9/14/2022.] |
| Case assigned to Judge Alan D Albright. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (lad) [Transferred from txwd on 9/14/2022.] |
| Filing 2 Notice of Filing of Patent/Trademark Form (AO 120). AO 120 forwarded to the Director of the U.S. Patent and Trademark Office. (Siegmund, Mark) [Transferred from txwd on 9/14/2022.] |
| Filing 1 COMPLAINT ( Filing fee $ 402 receipt number 0542-15289845). No Summons requested at this time, filed by SurfCast, 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 Civil Cover Sheet)(Siegmund, Mark) [Transferred from txwd on 9/14/2022.] |
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