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

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

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

Interested in this case?

Current View

Full Text

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 Electronics Co., Ltd., et al. ("Samsung") as to their views concerning a potential 28 U.S.C. § 1404(a) motion to transfer Case No. 14−cv−4355 (RJS) to the Northern District of California. Accordingly, IT IS HEREBY ORDERED THAT Defendants Samsung shall submit a letter response to a potential 28 U.S.C. § 1404(a) motion to transfer to the Northern District of California by Tuesday, December 30, 2014. (Signed by Judge Richard J. Sullivan on 12/22/2014) (mro) (Entered: 12/22/2014) 01/05/2015 Ï 26 ORDER: After receiving pre−motion letters from the parties in Case Nos. 14−cv−7954 (RJS) and 14−cv−4428 (RJS) (Doc. Nos. 23, 24, No. 14−cv−7954 (RJS); Doc. Nos. 43, 44, No. 14−cv−4428 (RJS)), the Court, on December 22, 2014, issued an Order to Defendants Samsung Electronics Co., Ltd., el at. ("Samsung") in a related case, Case No. 14−cv−4355 (RJS), seeking input as to their views concerning a potential 28 U.S.C. § 1404(a) motion to transfer Case No. 14−cv−4355 (RJS) to the Northern District of California. (Doc. No. 39, No. 14−cv−4355 (RJS).) The Court is in receipt of Samsung's letter dated December 30, 2014, supporting Apple's and BlackBerry's motions to transfer but declining, at this time, to file their own motion to transfer. (Doc. No. 40, No. 14−cv−4355 (RJS).) Accordingly, IT IS HEREBY ORDERED THAT all of the above−captioned parties, including Samsung, shall appear for a conference on January 20, 2015 at 4:00 p.m. in Courtroom 905 at 40 Foley Square concerning the anticipated motions to transfer Case Nos. 14−cv−7954 (RJS) and 14−cv−4428 (RJS) to the Northern District of California pursuant to 28 U.S.C. § 1404(a). (Status Conference set for 1/20/2015 at 04:00 PM in Courtroom 905, 40 Centre Street, New York, NY 10007 before Judge Richard J. Sullivan.) (Signed by Judge Richard J. Sullivan on 1/5/2015) (mro) (Entered: 01/05/2015) 01/20/2015 Ï Minute Entry for proceedings held before Judge Richard J. Sullivan: Pre−Motion Conference was held on 1/20/2015. Plaintiffs' counsel, Thomas Biemer, was present. Defense counsel, Gregory Arovas, was present for Defendant Samsung. Marshall Beil was present for Defendant BlackBerry. Harrison (Buzz) Frahn and Elizabeth Gillen were present for Defendant Apple. The court reporter was present. Defendants' motions to transfer these actions to the Northern District of California are due on 2/3/15. Plaintiffs' responses are due on 2/17/15; and the defendants' replies are due on 2/20/15. (sc) (Entered: 01/22/2015) 02/03/2015 Ï 27 MOTION to Transfer Case Apple Inc.'s Notice of Motion to Transfer Venue Pursuant to 28 U.S.C. § 1404(a). Document filed by Apple, Inc..(King, Patrick) (Entered: 02/03/2015) 02/03/2015 Ï 28 MEMORANDUM OF LAW in Support re: 27 MOTION to Transfer Case Apple Inc.'s Notice of Motion to Transfer Venue Pursuant to 28 U.S.C. § 1404(a). . Document filed by Apple, Inc.. (King, Patrick) (Entered: 02/03/2015) 02/03/2015 Ï 29 DECLARATION of John William Van Dyke in Support re: 27 MOTION to Transfer Case Apple Inc.'s Notice of Motion to Transfer Venue Pursuant to 28 U.S.C. § 1404(a).. Document filed by Apple, Inc.. (King, Patrick) (Entered: 02/03/2015) 02/03/2015 Ï 30 DECLARATION of Elizabeth A. Gillen in Support re: 27 MOTION to Transfer Case Apple Inc.'s Notice of Motion to Transfer Venue Pursuant to 28 U.S.C. § 1404(a).. Document filed by Apple, Inc.. (Attachments: # 1 Exhibit Exhibits A through S)(King, Patrick) (Entered: 02/03/2015) 1 02/17/2015 Ï 31 BRIEF re: 27 MOTION to Transfer Case Apple Inc.'s Notice of Motion to Transfer Venue Pursuant to 28 U.S.C. § 1404(a). Omnibus Brief In Opposition to Motion to Transfer. Document filed by IXI IP,LLC, IXI Mobile (RLtd..(Biemer, Thomas) (Entered: 02/17/2015) 02/17/2015 Ï 32 DECLARATION of John J. Higson in Opposition re: 27 MOTION to Transfer Case Apple Inc.'s Notice of Motion to Transfer Venue Pursuant to 28 U.S.C. § 1404(a).. Document filed by IXI IP,LLC, IXI Mobile (RLtd.. (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)(Biemer, Thomas) (Entered: 02/17/2015) 02/17/2015 Ï 33 DECLARATION of Zion Hadad in Opposition re: 27 MOTION to Transfer Case Apple Inc.'s Notice of Motion to Transfer Venue Pursuant to 28 U.S.C. § 1404(a).. Document filed by IXI IP,LLC, IXI Mobile (RLtd.. (Biemer, Thomas) (Entered: 02/17/2015) 02/17/2015 Ï 34 DECLARATION of Steve Pedersen in Opposition re: 27 MOTION to Transfer Case Apple Inc.'s Notice of Motion to Transfer Venue Pursuant to 28 U.S.C. § 1404(a).. Document filed by IXI IP,LLC, IXI Mobile (RLtd.. (Biemer, Thomas) (Entered: 02/17/2015) 02/20/2015 Ï 35 REPLY MEMORANDUM OF LAW in Support re: 27 MOTION to Transfer Case Apple Inc.'s Notice of Motion to Transfer Venue Pursuant to 28 U.S.C. § 1404(a). . Document filed by Apple, Inc.. (King, Patrick) (Entered: 02/20/2015) 02/20/2015 Ï 36 DECLARATION of Gregory T. Chuebon in Support re: 27 MOTION to Transfer Case Apple Inc.'s Notice of Motion to Transfer Venue Pursuant to 28 U.S.C. § 1404(a).. Document filed by Apple, Inc.. (Chuebon, Gregory) (Entered: 02/20/2015) 02/24/2015 Ï 37 LETTER addressed to Judge Richard J. Sullivan from Thomas S. Biemer, Esquire dated February 24, 2015 re: IXI Mobile (RLTD., et al. v. Samsung Electronics Co., Blackberry, LTD, et al., and Apple, Inc. Transfer Venue Brief. Document filed by IXI IP,LLC, IXI Mobile (RLtd..(Biemer, Thomas) (Entered: 02/24/2015) 02/24/2015 Ï 38 LETTER addressed to Judge Richard J. Sullivan from Harrison J. Frahn IV dated February 24, 2015 re: Plaintiffs request for leave to file a sur−reply in connection with Motion to Transfer. Document filed by Apple, Inc..(Frahn, Harrison) (Entered: 02/24/2015) 02/25/2015 Ï 39 ORDER: The Court is in receipt of Plaintiff's letter, dated February 24, 2015, requesting leave to file a sur−reply to Apple's reply brief. (Doc. No. 37, No. 14−cv−7954 (RJS).) The Court also is in receipt of Defendant Apple Inc.'s letter, dated February 24, 2015, responding to Plaintiff's letter and requesting "that IXI be required to provide the Court with the [IXI License Agreement]." (Doc. No. 38, No. 14−cv−7954 (RJS).) Because the Court finds that limited supplemental briefing as to whether IXI Mobile (RInc. lacks standing to be a Plaintiff in these actions would be helpful, IT IS HEREBY ORDERED THAT Plaintiff's request for leave to file a sur−reply is GRANTED. Plaintiff shall limit the sur−reply to three pages and submit the sur−reply by March 2, 2015. IT IS FURTHER ORDERED THAT Defendant Apple Inc.'s request "to respond to any new facts, evidence, or arguments introduced in the sur−reply" is GRANTED. Defendant Apple Inc. shall limit its response to three pages and submit the response by March 5, 2015. Finally, because the Court also finds that its review of the license referenced in the parties' briefing and letters would help the Court resolve the motion to transfer these actions to the Northern District of California pursuant to 28 U.S.C. § 1404(a), IT IS FURTHER ORDERED THAT Defendant Apple Inc.'s request "that IXI be required to provide the Court with the license" is GRANTED. (Responses due by 3/5/2015, Surreplies due by 3/2/2015.) (Signed by Judge Richard J. Sullivan on 2/25/2015) (mro) (Entered: 02/26/2015) 02/27/2015 Ï 40 LETTER addressed to Judge Richard J. Sullivan from Thomas S. Biemer, Esquire dated February 27, 2015 re: IXI Mobile (RLTD., et al. v. Samsung Electronics Co., Blackberry, LTD, et al., and Apple, Inc. Transfer Venue Sur−Reply. Document filed by IXI IP,LLC, IXI Mobile 1 (RLtd..(Biemer, Thomas) (Entered: 02/27/2015) 02/27/2015 Ï 41 MEMO ENDORSEMENT on re: (54 in 1:14−cv−04355−RJS) Letter, filed by IXI IP,LLC, IXI Mobile (RLtd., (58 in 1:14−cv−04428−RJS) Letter, filed by IXI IP, LLC, IXI Mobile (RLtd., (40 in 1:14−cv−07954−RJS) Letter, filed by IXI IP,LLC, IXI Mobile (RLtd. ENDORSEMENT: There is a well−established presumption in the Second Circuit in favor of open court records. See United States v. Amodeo, 44 F.3d 141, 146 (2d Cir. 1995). To overcome this presumption, a party must demonstrate that sealing a judicial document is "essential to preserve higher values and is narrowly tailored to serve that interest." United States v. Alcantara, 396 F.3d 189, 199 (2d Cir. 2005); see also Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 119−20 (2d Cir. 2006) ("[D]ocuments may be sealed if specific, on the record findings are made demonstrating that closure is essential to preserve higher values and is narrowly tailored to serve that interest." (quotation marks and citations omitted)). Because Plaintiff represents that the license agreement between IXI IP and IXI Mobile contains "confidential information" and that the patent purchase agreement includes information relating to the strategy and financing of this litigation, the Court will allow Plaintiff to file the license and redacted patent purchase agreements under seal, and to submit the unredacted patent purchase agreement in camera. However, the Court may reach a different conclusion upon reviewing the materials in question and, at that time, will direct the parties to address whether the various documents should remain under seal. (Signed by Judge Richard J. Sullivan on 2/27/2015) (mro) (Entered: 03/02/2015) 03/02/2015 Ï 42 REPLY MEMORANDUM OF LAW in Opposition re: 27 MOTION to Transfer Case Apple Inc.'s Notice of Motion to Transfer Venue Pursuant to 28 U.S.C. § 1404(a). PLAINTIFFS SUR−REPLY IN FURTHER OPPOSITION TO DEFENDANTS MOTIONS TO TRANSFER. Document filed by IXI IP,LLC, IXI Mobile (RLtd.. (Biemer, Thomas) (Entered: 03/02/2015) 03/02/2015 Ï 43 DECLARATION of STEVE PEDERSEN in Opposition re: 27 MOTION to Transfer Case Apple Inc.'s Notice of Motion to Transfer Venue Pursuant to 28 U.S.C. § 1404(a).. Document filed by IXI IP,LLC, IXI Mobile (RLtd.. (Biemer, Thomas) (Entered: 03/02/2015) 03/02/2015 Ï 44 DECLARATION of John J. Higson in Opposition re: 27 MOTION to Transfer Case Apple Inc.'s Notice of Motion to Transfer Venue Pursuant to 28 U.S.C. § 1404(a).. Document filed by IXI IP,LLC, IXI Mobile (RLtd.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(Biemer, Thomas) (Entered: 03/02/2015) 03/05/2015 Ï 45 RESPONSE in Support of Motion re: 27 MOTION to Transfer Case Apple Inc.'s Notice of Motion to Transfer Venue Pursuant to 28 U.S.C. § 1404(a). Response to IXI's Sur−reply on Apple's Motion to Transfer. Document filed by Apple, Inc.. (Frahn, Harrison) (Entered: 03/05/2015) 04/14/2015 Ï 46 AGREED PROTECTIVE ORDER REGARDING THE DISCLOSURE AND USE OF DISCOVERY MATERIALS...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Richard J. Sullivan on 4/14/2015) (mro) (Entered: 04/15/2015) 04/14/2015 Ï 47 ORDER: This Addendum is an integral part of the Order of today's date granting confidentiality protection to certain materials. Notwithstanding any other provision, no document may be filed with the Clerk under seal without a further Order of this Court addressing the specific documents to be sealed. Any application to seal shall be accompanied by an affidavit or affidavits and a memorandum of law, demonstrating that the standards for sealing have been met and specifically addressing Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 119−20 (2d Cir. 2006) and any other controlling authority. Nothing herein is intended to alter or modify the applicability of Federal Rule of Civil Procedure 5.2 to this case. The redactions expressly authorized by Rule 5.2 may be made without further application to the Court. (Signed by Judge Richard J. Sullivan on 4/14/2015) (mro) (Entered: 04/15/2015) 05/04/2015 Ï 48 MOTION to Appear Pro Hac Vice for Gary D. Colby, Esquire. Filing fee $ 200.00, receipt 1 number 0208−10883432. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by IXI IP,LLC, IXI Mobile (RLtd.. (Attachments: # 1 Certificate of Good Standing, # 2 Text of Proposed Order)(Colby, Gary) (Entered: 05/04/2015) 05/04/2015 Ï >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 48 MOTION to Appear Pro Hac Vice for Gary D. Colby, Esquire. Filing fee $ 200.00, receipt number 0208−10883432. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) (Entered: 05/04/2015) 05/06/2015 Ï 49 ORDER granting 48 Motion for Gary D. Colby to Appear Pro Hac Vice. (Signed by Judge Richard J. Sullivan on 5/5/2015) (mro) (Entered: 05/06/2015) 05/11/2015 Ï 50 JOINT STIPULATION OF DISMISSAL OF CLAIMS RELATED TO U.S. PATENT NO. 7,426,398: Plaintiffs IXI Mobile (RLtd. and IXI IP, LLC (collectively "Plaintiffs") and Defendant Apple Inc. hereby stipulate and agree to the dismissal with prejudice of the Second Count for Relief in Plaintiffs' Complaint, alleging infringement of U.S. Patent No. 7.426,398 (the "'398 Patent"), in the above−captioned action, each party to ear its own costs and fees related to claims of infringement of the '398 Patent. SO ORDERED. (Signed by Judge Richard J. Sullivan on 5/11/2015) (kko) (Entered: 05/11/2015) 05/15/2015 Ï 51 ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement: The parties shall contact Magistrate Judge Debra Freeman by May 19, 2015 to schedule a settlement conference. Referred to Magistrate Judge Debra C. Freeman. (Signed by Judge Richard J. Sullivan on 5/15/2015) (tn) (Entered: 05/18/2015) 05/20/2015 Ï 52 LETTER addressed to Judge Richard J. Sullivan from Harrison J. Frahn IV dated 5/20/2015 re: pre−motion conference for motion to dismiss IXI Mobile (RLtd. for lack of standing. Document filed by Apple, Inc..(Frahn, Harrison) (Entered: 05/20/2015) 05/26/2015 Ï 53 LETTER addressed to Judge Richard J. Sullivan from Thomas S. Biemer, Esquire dated May 26, 2015 re: IXI Mobile (R &D), LTD., et al. v. Apple, Inc. − Response to May 20, 2015 Pre−Motion Letter from Apple, Inc. Document filed by IXI IP,LLC, IXI Mobile (RLtd..(Biemer, Thomas) (Entered: 05/26/2015) 05/28/2015 Ï Minute Entry for proceedings held before Magistrate Judge Debra C. Freeman: Settlement Conference held via telephone on 5/28/2015. Telephone conference scheduled for 8/25/15 at 12:00 p.m. (aba) (Entered: 05/28/2015) 06/04/2015 Ï 54 LETTER addressed to Judge Richard J. Sullivan from Thomas S. Biemer, Esquire dated June 4, 2015 re: Claim Construction Technology Tutorial. Document filed by IXI IP,LLC, IXI Mobile (RLtd..(Biemer, Thomas) (Entered: 06/04/2015) 06/05/2015 Ï 55 AMENDED LETTER addressed to Judge Richard J. Sullivan from Thomas S. Biemer, Esquire dated June 5, 2015 re: Claim Construction Technology Tutorial. Document filed by IXI IP,LLC, IXI Mobile (RLtd..(Biemer, Thomas) (Entered: 06/05/2015) 06/08/2015 Ï 56 JOINT CLAIM CONSTRUCTION STATEMENT. Document filed by Apple, Inc., IXI IP,LLC, IXI Mobile (RLtd..(Biemer, Thomas) (Entered: 06/08/2015) 06/15/2015 Ï 57 LETTER addressed to Judge Richard J. Sullivan from Thomas S. Biemer dated June 15, 2015 re: Pre−Motion Request to Strike Joint Claim Terms Chart. Document filed by IXI IP,LLC, IXI Mobile (RLtd..(Biemer, Thomas) (Entered: 06/15/2015) 06/18/2015 Ï 58 LETTER addressed to Judge Richard J. Sullivan from Harrison J. Frahn IV dated 06/18/2015 re: Response to IXI's Request for a Pre−motion Conference for a Motion to Strike. Document filed 1 by Apple, Inc..(Frahn, Harrison) (Entered: 06/18/2015) 07/02/2015 Ï 59 LETTER addressed to Judge Richard J. Sullivan from Harrison J. Frahn IV dated 7/2/2015 re: pre−motion conference for motion to stay. Document filed by Apple, Inc..(Frahn, Harrison) (Entered: 07/02/2015) 07/02/2015 Ï 60 ENDORSED LETTER addressed to Judge Richard J. Sullivan from Thomas S. Biemer dated 7/2/2015 re: Plaintiffs respectfully request 5 additional pages for their Opening Claim Construction Brief due on July 8, 2015, as well as 5 additional pages for their supporting expert declaration. ENDORSEMENT: SO ORDERED. (Signed by Judge Richard J. Sullivan on 7/2/2015) (mro) (Entered: 07/06/2015) 07/08/2015 Ï 61 BRIEF Plaintiffs Opening Claim Construction Brief. Document filed by IXI IP,LLC, IXI Mobile (RLtd..(Biemer, Thomas) (Entered: 07/08/2015) 07/08/2015 Ï 62 DECLARATION re: 61 Brief Declaration of Mark W. Halderman. Document filed by IXI IP,LLC, IXI Mobile (RLtd.. (Attachments: # 1 Exhibit 1 part 1, # 2 Exhibit 1 part 2, # 3 Exhibit 1 part 3, # 4 Exhibit 2 part 1, # 5 Exhibit 2 part 2, # 6 Exhibit 3, # 7 Exhibit 4 part 1, # 8 Exhibit 4 part 2, # 9 Exhibit 5, # 10 Exhibit 6)(Biemer, Thomas) (Entered: 07/08/2015) 07/08/2015 Ï 63 DECLARATION re: 61 Brief Declaration of Joel R. Williams. Document filed by IXI IP,LLC, IXI Mobile (RLtd.. (Attachments: # 1 Exhibit A, # 2 Appendix A, # 3 Appendix B)(Biemer, Thomas) (Entered: 07/08/2015) 07/08/2015 Ï 64 LETTER addressed to Judge Richard J. Sullivan from Thomas S. Biemer, Esquire dated July 8, 2015 re: Response to pre−motion letter from Defendants Apple and Samsung requesting a stay. Document filed by IXI IP,LLC, IXI Mobile (RLtd..(Biemer, Thomas) (Entered: 07/08/2015) 07/24/2015 Ï 65 LETTER addressed to Judge Richard J. Sullivan from Harrison J. Frahn IV dated 7/24/2015 re: Apple's requests to transfer/stay. Document filed by Apple, Inc..(Frahn, Harrison) (Entered: 07/24/2015) 07/29/2015 Ï 66 LETTER addressed to Judge Richard J. Sullivan from Thomas S. Biemer, Esquire dated July 29, 2015 re: IXI Mobile, et al. v. Apple Inc. − Response to Letter from Apple Inc. dated July 24, 2015. Document filed by IXI IP,LLC, IXI Mobile (RLtd..(Biemer, Thomas) (Entered: 07/29/2015) 08/03/2015 Ï 67 MEMO ENDORSEMENT on re: (84 in 1:14−cv−04428−RJS) Letter, filed by Blackberry Limited, Blackberry Corporation, (77 in 1:14−cv−04355−RJS) Letter, filed by Samsung Electronics Co., Ltd., Samsung Electronics America, Inc. ENDORSEMENT: SO ORDERED. (Brief due by 8/7/2015.) (Signed by Judge Richard J. Sullivan on 8/3/2015) (mro) (Entered: 08/04/2015) 08/04/2015 Ï 68 LETTER MOTION for Leave to File Excess Pages and Exhibits for Defendants' Responsive Claim Construction Brief addressed to Judge Richard J. Sullivan from Marshall Beil (on behalf of all Defendants) dated August 3, 2015. Document filed by Apple, Inc..(Chuebon, Gregory) (Entered: 08/04/2015) 08/04/2015 Ï 69 ORDER granting 5 Motion for Joshua D. Wolson to Appear Pro Hac Vice. (Signed by Judge Richard J. Sullivan on 8/4/2015) (mro) (Entered: 08/05/2015) 08/04/2015 Ï 70 ORDER granting 20 Motion for Mark W. Halderman to Appear Pro Hac Vice. (Signed by Judge Richard J. Sullivan on 8/4/2015) (mro) (Entered: 08/05/2015) 08/06/2015 Ï 71 OPINION AND ORDER re: (27 in 1:14−cv−07954−RJS) MOTION to Transfer Case Apple Inc.'s Notice of Motion to Transfer Venue Pursuant to 28 U.S.C. § 1404(a). filed by Apple, Inc., (47 in 1:14−cv−04428−RJS) MOTION to Transfer Case. filed by Blackberry Limited, Blackberry Corporation, (44 in 1:14−cv−04355−RJS) MOTION to Transfer Case Samsung's Notice of 1 Motion to Transfer Venue Pursuant to 28 U.S.C. § 1404(a). filed by Samsung Electronics Co., Ltd., Samsung Telecommunications America, LLC, Samsung Electronics America, Inc. Weighing the factors set forth above and having considered all the facts and circumstances before it, the Court determines that Defendants have demonstrated by clear and convincing evidence that transfer of these three actions is appropriate. Accordingly, IT IS HEREBY ORDERED THAT Defendants' motions to transfer these actions to the Northern District of California are GRANTED. The Clerk of the Court is respectfully directed to terminate the motions pending at docket entries 44 in case number 14−−cv−4355 (RJS), 47 in case number 14−−cv−4428 (RJS), and 27 in case number 14−cv−7954 (RJS), and to close these cases. SO ORDERED. (As further set forth within this Order.) (Signed by Judge Richard J. Sullivan on 8/6/2015) (ajs) (Entered: 08/07/2015) 08/06/2015 Ï CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court − Northern District of California. (ajs) (Entered: 08/14/2015) 08/12/2015 Ï 72 LETTER addressed to Judge Richard J. Sullivan from Thomas S. Biemer, Esquire dated August 12, 2015 re: Requesting Reconsideration of the Order entered August 7, 2015. Document filed by IXI IP,LLC, IXI Mobile (RLtd..(Biemer, Thomas) (Entered: 08/12/2015)