Ixi Mobile (R&D) Ltd. et al v. Apple, Inc.

Case transferred in from District of New York Southern; Case Number 1:14-cv-07954. Original file certified copy of transfer order and docket sheet received. Modified on 8/19/2015

Northern District of California, cand-4:2015-cv-03755

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1 CLOSED,CASREF,COMPLEX−CSMGMT,ECF,RELATED U.S. District Court Southern District of New York (Foley Square) CIVIL DOCKET FOR CASE #: 1:14−cv−07954−RJS IXI Mobile (RLtd. et al v. Apple, Inc. Date Filed: 10/02/2014 Assigned to: Judge Richard J. Sullivan Date Terminated: 08/06/2015 Referred to: Magistrate Judge Debra C. Freeman (Settlement) Jury Demand: Both Related Case: 1:14−cv−04355−RJS Nature of Suit: 830 Patent Cause: 28:1331 Fed. Question Jurisdiction: Federal Question Plaintiff IXI Mobile (RLtd. represented by Gary David Colby Dilworth Paxson, LLP 1500 Market Street Philadlephia, PA 19102 (215)−575−7075 Email: gcolby@dilworthlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Gregory A. Blue Dilworth Paxson LLP (NY) 99 Park Avenue Suite 320 New York, NY 10016 (917)−675−4252 Fax: (212) 208−6874 Email: gblue@dilworthlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED John Joseph Higson Dilworth Paxson LLP 1500 Market Street Suite 3500 Philadelphia, PA 19103 (212)575−7152 Fax: (215)−575−7200 Email: jhigson@dilworthlaw.com LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED Joshua D. Wolson Dilworth Paxson LLP (PA) 1500 Market Street Suite 3500E Philadelphia, PA 19102−2101 (215)−575−7295 Fax: (215)−575−7200 Email: jwolson@dilworthlaw.com LEAD ATTORNEY PRO HAC VICE 1 ATTORNEY TO BE NOTICED Mark William Halderman Dilworth Paxson LLP 1500 Market Street, Suite 3500(E) Philadelphia, PA 19102 (215)−575−7186 Fax: (215)−575−7200 Email: mwhalderman@dilworthlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Thomas Steven Biemer Dilworth Paxson LLP (PA) 1500 Market Street Suite 3500E Philadelphia, PA 19102−2101 (215)−575−7025 Fax: (215)−575−7200 Email: tbiemer@dilworthlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Plaintiff IXI IP,LLC represented by Gary David Colby (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Gregory A. Blue (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED John Joseph Higson (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED Joshua D. Wolson (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED Mark William Halderman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Thomas Steven Biemer (See above for address) LEAD ATTORNEY 1 ATTORNEY TO BE NOTICED V. Defendant Apple, Inc. represented by Harrison J. Frahn, IV Simpson Thacher &Bartlett LLP (CA) 2475 Hanover Street Palo Alto, CA 94304 (650)−251−5065 Email: hfrahn@stblaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Gregory Todd Chuebon Simpson Thacher &Bartlett LLP (NY) 425 Lexington Avenue New York, NY 10017 (212)−455−3353 Fax: (212)−455−2502 Email: gchuebon@stblaw.com ATTORNEY TO BE NOTICED Patrick E. King Simpson Thacher &Bartlett LLP (CA) 2475 Hanover Street Palo Alto, CA 94304 (650) 251−5000 Email: pking@stblaw.com ATTORNEY TO BE NOTICED Date Filed # Docket Text 10/02/2014 Ï1 COMPLAINT against Apple, Inc.. (Filing Fee $ 350.00, Receipt Number 465401106289)Document filed by IXI Mobile (RLtd., IXI IP,LLC.(moh) (Additional attachment(s) added on 10/6/2014: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D) (moh). (Entered: 10/03/2014) 10/02/2014 Ï SUMMONS ISSUED as to Apple, Inc.. (moh) (Entered: 10/03/2014) 10/02/2014 Ï CASE REFERRED TO Judge Richard J. Sullivan as possibly related to 14cv4355. (moh) (Entered: 10/03/2014) 10/02/2014 Ï Case Designated ECF. (moh) (Entered: 10/03/2014) 10/02/2014 Ï2 STATEMENT OF RELATEDNESS re: that this action be filed as related to 14cv4355. Document filed by IXI IP,LLC, IXI Mobile (RLtd..(moh) (moh). (Entered: 10/03/2014) 10/02/2014 Ï3 CIVIL COVER SHEET filed. (moh) (moh). (Entered: 10/03/2014) 10/02/2014 Ï Mailed notice to Commissioner of Patents and Trademarks to report the filing of this action. (moh) (Entered: 10/03/2014) 10/02/2014 Ï4 STANDING ORDER IN RE PILOT PROJECT REGARDING CASE MANAGEMENT 1 TECHNIQUES FOR COMPLEX CIVIL CASES IN THE SOUTHERN DISTRICT OF NEW YORK (See M−10−468 Order filed November 1, 2011). This case is hereby designated for inclusion in the Pilot Project Regarding Case Management Techniques for Complex Civil Cases in the Southern District of New York (the Pilot Project), unless the judge to whom this case is assigned determines otherwise. This case is designated for inclusion in the Pilot Project because it is a class action, an MDL action, or is in one of the following Nature of Suit categories: 160, 245, 315, 355, 365, 385, 410, 830, 840, 850, 893, or 950. The presiding judge in a case that does not otherwise qualify for inclusion in the Pilot Project may nevertheless designate the case for inclusion in the Pilot Project by issuing an order directing that the case be included in the Pilot Project. The description of the Pilot Project, including procedures to be followed, is attached to this Order. (Signed by Judge Loretta A. Preska on 10/31/2011) (moh) (Entered: 10/03/2014) 10/02/2014 Ï Case Eligible for Patent Pilot Program. (moh) (Entered: 10/08/2014) 10/07/2014 Ï5 MOTION to Appear Pro Hac Vice for Joshua D. Wolson. Filing fee $ 200.00, receipt number 0208−10180198. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by IXI IP,LLC, IXI Mobile (RLtd.. (Attachments: # 1 Certificates of Good Standing, # 2 Text of Proposed Order)(Wolson, Joshua) (Entered: 10/07/2014) 10/07/2014 Ï >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 5 MOTION to Appear Pro Hac Vice for Joshua D. Wolson. Filing fee $ 200.00, receipt number 0208−10180198. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) (Entered: 10/07/2014) 10/07/2014 Ï6 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by IXI IP,LLC.(Biemer, Thomas) (Entered: 10/07/2014) 10/07/2014 Ï7 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent IXI Mobile Inc. for IXI Mobile (RLtd.. Document filed by IXI Mobile (RLtd..(Biemer, Thomas) (Entered: 10/07/2014) 10/10/2014 Ï CASE ACCEPTED AS RELATED. Create association to 1:14−cv−04355−RJS. Notice of Assignment to follow. (pgu) (Entered: 10/10/2014) 10/10/2014 Ï NOTICE OF CASE ASSIGNMENT to Judge Richard J. Sullivan. Judge Unassigned is no longer assigned to the case. (pgu) (Entered: 10/10/2014) 10/10/2014 Ï Magistrate Judge Debra C. Freeman is so designated. (pgu) (Entered: 10/10/2014) 10/13/2014 Ï8 AFFIDAVIT OF SERVICE of Summons and Complaint,. Apple, Inc. served on 10/3/2014, answer due 10/24/2014. Service was accepted by Jan Lapinid, Registered Agent. Document filed by IXI Mobile (RLtd.; IXI IP,LLC. (Biemer, Thomas) (Entered: 10/13/2014) 10/22/2014 Ï9 LETTER MOTION for Extension of Time to File Answer re: 1 Complaint, addressed to Judge Richard J. Sullivan from Greg Chuebon dated October 22, 2014. Document filed by Apple, Inc..(Chuebon, Gregory) (Entered: 10/22/2014) 10/22/2014 Ï 10 ORDER granting 9 Letter Motion for Extension of Time to Answer. SO ORDERED. Apple, Inc. answer due 11/24/2014. (Signed by Judge Richard J. Sullivan on 10/22/2014) (mro) (Entered: 10/23/2014) 10/27/2014 Ï 11 MOTION for John Joseph Higson to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208−10245229. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by IXI IP,LLC, IXI Mobile (RLtd.. (Attachments: # 1 Certificates of Good Standing, # 2 Text of Proposed Order)(Higson, John) (Entered: 10/27/2014) 10/27/2014 Ï >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 11 MOTION for John Joseph Higson to Appear Pro Hac Vice. Filing fee $ 200.00, receipt 1 number 0208−10245229. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) (Entered: 10/27/2014) 11/04/2014 Ï 12 ORDER granting 11 Motion for John Joseph Higson to Appear Pro Hac Vice. (Signed by Judge Richard J. Sullivan on 11/3/2014) (mro) (Entered: 11/04/2014) 11/07/2014 Ï 13 LETTER addressed to Judge Richard J. Sullivan from Harrison J. Frahn IV dated November 7, 2014 re: Apple's Letter regarding filings in IXI Mobile (R &D), LTD. v. Samsung Electronics Co. and IXI Mobile (R &D), LTD. v. Blackberry, LTD. Document filed by Apple, Inc..(Chuebon, Gregory) (Entered: 11/07/2014) 11/10/2014 Ï 14 NOTICE OF APPEARANCE by Harrison J. Frahn, IV on behalf of Apple, Inc.. (Frahn, Harrison) (Entered: 11/10/2014) 11/10/2014 Ï 15 LETTER addressed to Judge Richard J. Sullivan from Thomas S. Biemer, Esquire dated November 10, 2014 re: Response to Letter Dated November 7, 2014 from Defendant Apple, Inc. Document filed by IXI IP,LLC, IXI Mobile (RLtd..(Biemer, Thomas) (Entered: 11/10/2014) 11/10/2014 Ï 16 NOTICE OF APPEARANCE by Patrick E. King on behalf of Apple, Inc.. (King, Patrick) (Entered: 11/10/2014) 11/24/2014 Ï 17 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Apple, Inc..(Chuebon, Gregory) (Entered: 11/24/2014) 11/24/2014 Ï 18 ANSWER to 1 Complaint, with JURY DEMAND. Document filed by Apple, Inc..(Chuebon, Gregory) (Entered: 11/24/2014) 12/01/2014 Ï 19 ORDER: The Court is in receipt of the parties' letters concerning disputes about the proposed case management plan. Having considered the parties' arguments, IT IS HEREBY ORDERED THAT, no later than December 8, 2014, the parties shall jointly submit a revised case management plan that reflects a 30−day extension of all contested dates. So Ordered (Signed by Judge Richard J. Sullivan on 12/1/2014) (js) Modified on 12/2/2014 (js). (Entered: 12/02/2014) 12/03/2014 Ï 20 MOTION to Appear Pro Hac Vice for Mark W. Halderman, Esquire. Filing fee $ 200.00, receipt number 0208−10371119. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by IXI IP,LLC, IXI Mobile (RLtd.. (Attachments: # 1 Certificates of Good Standing, # 2 Text of Proposed Order)(Halderman, Mark) (Entered: 12/03/2014) 12/04/2014 Ï >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 20 MOTION to Appear Pro Hac Vice for Mark W. Halderman, Esquire. Filing fee $ 200.00, receipt number 0208−10371119. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) (Entered: 12/04/2014) 12/08/2014 Ï 21 JOINT LETTER addressed to Judge Richard J. Sullivan from Thomas S. Biemer, Esquire dated 12/8/2014 re: Proposed Case Management Plan and Scheduling Order. Document filed by IXI IP,LLC, IXI Mobile (RLtd.. (Attachments: # 1 Exhibit A)(Biemer, Thomas) (Entered: 12/08/2014) 12/12/2014 Ï 22 CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to disposition of this case by a Magistrate Judge, pursuant to 28 U.S.C. § 636(c). These cases are to be tried to juries. Plaintiffs' Claim Construction Brief shall be filed by: July 8, 2015. Defendants' Claim Construction Briefs shall be filed by: August 7, 2015. Plaintiffs' Reply Claim Construction Brief shall be filed by: August 14, 2015. Depositions shall be completed by: 11/10/2015. Completion of Fact Discovery: 11/10/2015. The Court will conduct a post−discovery conference on 11/24/2015. Referral to a Magistrate Judge for settlement discussions. (Signed by Judge 1 Richard J. Sullivan on 12/8/2014) (mro) (Entered: 12/15/2014) 12/12/2014 Ï Set/Reset Deadlines: Brief due by 8/14/2015. (mro) (Entered: 12/15/2014) 12/15/2014 Ï 23 LETTER addressed to Judge Richard J. Sullivan from Patrick E. King dated 12/15/2014 re: Motion to Transfer. Document filed by Apple, Inc..(King, Patrick) (Entered: 12/15/2014) 12/18/2014 Ï 24 LETTER addressed to Judge Richard J. Sullivan from Thomas S. Biemer, Esquire dated December 18, 2014 re: Response to the Pre−Motion Letter from Apple Inc. dated 12−15−14. Document filed by IXI IP,LLC, IXI Mobile (RLtd..(Biemer, Thomas) (Entered: 12/18/2014) 12/22/2014 Ï 25 ORDER: The Court seeks input from Defendants Samsung Electr