2020-1976 - Implicit LLC v. Sandvine Corp et al.Report Error
Detail
Case Number
2020-1976Current Status
closedCause of Action
N/ARelated Case(s)
2020-2045
2:18-cv-00053
Court
Court of Appeals for the Federal CircuitPlaintiff(s)
Implicit LLC
Defendant(s)
Sandvine Corp
NetScout Systems Inc
Judge
J. Rodney GilstrapFiling Date
2020-07-09Termination Date
2022-05-06Dockets
Text |
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Final Civil Docket 05-06-2022 |
Initial Civil Docket 07-09-2020 |
Note to File: The following cases shall be considered companion cases and assigned to the same merits panel: 20-1362 and 20-1976. [709317] [20-1362, 20-1976] [EKD] [Entered: 07/22/2020 03:10 PM] |
Note to File: The following cases are consolidated: 20-1976 Lead with 20-2045 Cross-Appeal. The parties must file all documents in the lead appeal only. [710118] [KMH] [Entered: 07/27/2020 10:39 AM] |
Notice to Appellee Sandvine Corporation: The record of this case indicates that no Entry of Appearance under FCR 47.3(b) has been filed. Failure to file required documents may result in adverse action. See FCR 25(h). Service as of this date by the Clerk of Court. [713321] [CAB] [Entered: 08/07/2020 11:44 AM] |
**TEXT ONLY** ORDER granting motion to extend time to file brief [13] filed by Appellant Implicit, LLC. The opening brief is due 10/08/2020. Service as of this date by the Clerk of Court. This order has been issued without an attached document and is official and binding. [717303] [KMH] [Entered: 08/25/2020 11:17 AM] |
CLERKS OFFICE QUALITY CONTROL MESSAGE: re: Doc No. [13], ERROR: The document includes an incomplete Certificate of Interest. CORRECTION: For future filings, please include item #6. THIS MESSAGE IS FOR INFORMATIONAL PURPOSES ONLY. [717306] [KMH] [Entered: 08/25/2020 11:21 AM] |
**TEXT ONLY** ORDER granting motion to extend time to file brief [27] filed by Cross-Appellant NetScout Systems, Inc. The response brief is due 07/08/2021. Service as of this date by the Clerk of Court. This order has been issued without an attached document and is official and binding. [772447] [KMH] [Entered: 05/03/2021 11:04 AM] |
**TEXT ONLY** ORDER granting motion to extend time to file brief [34] filed by Cross-Appellant NetScout Systems, Inc. The reply brief is due 12/08/2021. Service as of this date by the Clerk of Court. This order has been issued without an attached document and is official and binding. [809928] [KMH] [Entered: 11/03/2021 12:26 PM] |
CONFIDENTIAL APPENDIX FILED by Appellant Implicit, LLC. Service: 12/15/2021 by email. [818983] [20-1976] This document is non-compliant. See Doc No. [41] [Robert Shaffer] [Entered: 12/15/2021 04:25 PM] |
CORRECTED CONFIDENTIAL APPENDIX FILED by Appellant Implicit, LLC. Service: 12/23/2021 by email. [820841] [20-1976] This document is non-compliant. See Doc No. [43] [Robert Shaffer] [Entered: 12/23/2021 10:29 AM] |
MODIFIED ENTRY: CORRECTED CONFIDENTIAL APPENDIX FILED by Appellant Implicit, LLC. Service: 01/06/2022 by email. [823181]--[Edited 01/12/2022 by KMH - compliance review complete] [Robert Shaffer] [Entered: 01/06/2022 05:09 PM] |
Outstanding paper copies of all briefs and appendices must be submitted within five business days from the date of issuance of this notice. See Fed. Cir. R. 25(c)(3)(A). [824187] [KMH] [Entered: 01/12/2022 02:17 PM] |
6 paper copies of Doc. No. [45], [44], [25] received from Appellant Implicit, LLC. [824809] [VDW] [Entered: 01/14/2022 04:13 PM] |
The following conflict dates submitted by Eric Allan Buresh for NetScout Systems, Inc. have been accepted by the court: 04/04/2022, 04/05/2022, 04/06/2022, 04/07/2022, 04/08/2022, 05/02/2022, 05/03/2022. [824884] [MJL] [Entered: 01/18/2022 08:33 AM] |
The following conflict dates submitted by Jason Lee Romrell for Implicit, LLC have been accepted by the court: 04/04/2022, 04/05/2022. [824885] [MJL] [Entered: 01/18/2022 08:34 AM] |
6 paper copies of Doc. No. [36], [30] received from Cross-Appellant NetScout Systems, Inc.. [825485] [VDW] [Entered: 01/19/2022 03:57 PM] |
CLERKS OFFICE QUALITY CONTROL MESSAGE: NetScout Systems, Inc.s Certification of Compliance with Revised Protocols for In-Person Argument [57] is incomplete. Counsel did not identify whether he elects to appear in person or remotely. CORRECTION: Please file a corrected certification by the deadline. [840088] [MJL] [Entered: 03/31/2022 09:26 AM] |
Submitted after ORAL ARGUMENT to Panel: Moore, Chief Judge; Dyk, Circuit Judge and Prost, Circuit Judge. Arguing counsel: Jason Lee Romrell for Implicit, LLC and Eric Allan Buresh for NetScout Systems, Inc. Oral Argument Audio available here. [847780] [MJL] [Entered: 05/05/2022 12:06 PM] |
Appeal docketed. Received: 07/06/2020. [706437] Entry of Appearance is due on 07/23/2020. Certificate of Interest is due on 07/23/2020. Docketing Statement is due on 07/23/2020. Appellants brief is due on 09/08/2020. [EKD] [Entered: 07/09/2020 03:16 PM] |
Entry of appearance for Eric A. Buresh as counsel for Appellee NetScout Systems, Inc. Service: 07/16/2020 by email. [708112] [20-1976] --[Edited 07/30/2020 by CAB to add party filer] [Eric Buresh] [Entered: 07/16/2020 03:09 PM] |
Certificate of Interest for Appellee NetScout Systems, Inc.. Service: 07/16/2020 by email. [708116] [20-1976] [Eric Buresh] [Entered: 07/16/2020 03:34 PM] |
Docketing Statement for the Appellee NetScout Systems, Inc.. Service: 07/16/2020 by email. [708118] [20-1976] [Eric Buresh] [Entered: 07/16/2020 03:36 PM] |
Corrected Docketing Statement for the Appellee NetScout Systems, Inc.. Service: 07/17/2020 by email. [708211] [20-1976] [Eric Buresh] [Entered: 07/17/2020 09:48 AM] |
Entry of appearance for Christian J. Hurt as counsel for Appellant Implicit, LLC. Service: 07/22/2020 by email. [709421] [20-1976] [Christian Hurt] [Entered: 07/22/2020 07:17 PM] |
Certificate of Interest for Appellant Implicit, LLC. Service: 07/22/2020 by email. [709422] [20-1976] [Christian Hurt] [Entered: 07/22/2020 07:20 PM] |
Docketing Statement for the Appellant Implicit, LLC. Service: 07/22/2020 by email. [709423] [20-1976] [Christian Hurt] [Entered: 07/22/2020 07:23 PM] |
Official caption revised to reflect Cross-appeal 20-2045. (see attached). Service as of this date by the Clerk of Court. [710119] [KMH] [Entered: 07/27/2020 10:41 AM] |
MOTION of Appellant Implicit, LLC to extend the time to 10/08/2020 to file the Opening Brief. [Consent: unopposed]. Service: 08/24/2020 by email. [716959] [20-1976] [Christian Hurt] [Entered: 08/24/2020 01:28 PM] |
MOTION of Appellant Implicit, LLC to withdraw counsel Christian J. Hurt and the Davis Firm, P.C. [Consent: unopposed]. Service: 09/25/2020 by email. [724643] [20-1976] [Christian Hurt] [Entered: 09/25/2020 06:11 PM] |
MOTION of Appellant Implicit, LLC to extend the time to 12/07/2020 to file brief. [Consent: unopposed]. Service: 09/25/2020 by email. [724644] [20-1976] [Christian Hurt] [Entered: 09/25/2020 06:20 PM] |
ORDER granting motions [16] [17]. Implicit must submit an entry of appearance designating principal counsel in these appeals as well as an opening brief no later than December 7, 2020. Service as of this date by the Clerk of Court. [725382] [20-1976, 20-2045] [NL] [Entered: 09/30/2020 10:17 AM] |
Amended Entry of appearance for Robert F. Shaffer; J. Derek McCorquindale; Jason L. Romrell as counsel for Appellant Implicit, LLC. Service: 11/04/2020 by email. [733697] [20-1976] [J. McCorquindale] [Entered: 11/04/2020 04:48 PM] |
Amended Certificate of Interest for Appellant Implicit, LLC. Service: 11/04/2020 by email. [733699] [20-1976] [J. McCorquindale] [Entered: 11/04/2020 04:49 PM] |
MOTION of Appellant Implicit, LLC to extend the time to 03/08/2021 to file brief. Service: 11/10/2020 by email. [734900] [20-1976] [Robert Shaffer] [Entered: 11/10/2020 09:33 PM] |
ORDER granting motion [21] to the extent that Implicit must submit its opening brief no later than March 8, 2021. Service as of this date by the Clerk of Court. [736771] [NL] [Entered: 11/18/2020 05:09 PM] |
MOTION of Appellant Implicit, LLC to extend the time to 04/13/2021 to file brief. Service: 02/03/2021 by email. [753704] [20-1976] [Robert Shaffer] [Entered: 02/03/2021 01:41 PM] |
ORDER granting motion to extend time to file brief [23] filed by Appellant Implicit, LLC. The opening brief is due 04/13/2021. Service as of this date by the Clerk of Court. [754666] [LMS] [Entered: 02/09/2021 07:33 AM] |
MODIFIED ENTRY: OPENING BRIEF FILED by Appellant Implicit, LLC. Service: 04/13/2021 by email. Unless ordered otherwise, any responsive deadline runs from the date of service of this brief. See Fed. Cir. R. 31. [768403] --[Edited 04/22/2021 by KMH - compliance review complete] [Robert Shaffer] [Entered: 04/13/2021 04:28 PM] |
Official caption revised to reflect non-participation of Appellee Sandvine Corporation. (see attached). Service as of this date by the Clerk of Court. [770619] [KMH] [Entered: 04/22/2021 02:32 PM] |
MOTION of Cross-Appellant NetScout Systems, Inc. to extend time. Service: 04/29/2021 by email. [772025] [20-1976] [Eric Buresh] [Entered: 04/29/2021 12:17 PM] |
Amended Certificate of Interest for Appellant Implicit, LLC. Service: 04/30/2021 by email. [772342] [20-1976] [Robert Shaffer] [Entered: 04/30/2021 02:07 PM] |
MODIFIED ENTRY: RESPONSE BRIEF FILED by Cross-Appellant NetScout Systems, Inc.. Service: 07/08/2021 by email. Unless ordered otherwise, any responsive deadline runs from the date of service of this brief. See Fed. Cir. R. 31. [785099] --[Edited 07/12/2021 by KMH - compliance review complete] [Eric Buresh] [Entered: 07/08/2021 04:55 PM] |
MOTION of Appellant Implicit, LLC to extend the time to 10/18/2021 to file brief. Service: 07/30/2021 by email. [789559] [20-1976] [J. McCorquindale] [Entered: 07/30/2021 10:04 AM] |
ORDER granting motion to extend time to file brief [31] to the extent that Implicits response and reply brief is due no later than October 18, 2021. Service as of this date by the Clerk of Court. [792283] [LMS] [Entered: 08/12/2021 01:55 PM] |
MODIFIED ENTRY: REPLY BRIEF FILED by Appellant Implicit, LLC. Service: 10/18/2021 by email. Unless ordered otherwise, any responsive deadline runs from the date of service of this brief. See Fed. Cir. R. 31. [806516] --[Edited 10/21/2021 by JCW - compliance review complete] This document is non-compliant. See Doc No. [43] [Robert Shaffer] [Entered: 10/18/2021 04:01 PM] |
MOTION of Cross-Appellant NetScout Systems, Inc. to extend the time to 12/08/2021 to file brief. Service: 10/29/2021 by email. [809221] [20-1976] [Eric Buresh] [Entered: 10/29/2021 03:37 PM] |
MODIFIED ENTRY: REPLY BRIEF FILED by Cross-Appellant NetScout Systems, Inc. Service: 12/08/2021 by email. Unless ordered otherwise, any responsive deadline runs from the date of service of this brief. See Fed. Cir. R. 31. [817116] --[Edited 12/13/2021 by KMH - compliance review complete] --[Edited 01/04/2022 by KMH to correct party filer] [Eric Buresh] [Entered: 12/08/2021 12:09 PM] |
MODIFIED ENTRY: APPENDIX FILED by Appellant Implicit, LLC. Service: 12/15/2021 by email. [818986] --[Edited 12/20/2021 by KMH - compliance review complete] This document is non-compliant. See Doc No. [43] [Robert Shaffer] [Entered: 12/15/2021 04:27 PM] |
Certificate of Compliance with Fed. Cir. R. 25.1(c)(2) for Appellant Implicit, LLC. Service: 12/15/2021 by email. [818987] [20-1976] [Robert Shaffer] [Entered: 12/15/2021 04:29 PM] |
Joint Statement of Compliance with Fed. Cir. R. 33 for Appellant Implicit, LLC. Service: 12/15/2021 by email. [819042] [20-1976] [Robert Shaffer] [Entered: 12/15/2021 06:36 PM] |
NOTICE OF NON-COMPLIANCE: The submission of Appellant Implicit, LLC, Confidential Appendix [37], is not in compliance with the rules of this court (see attached). Compliant document due on 12/28/2021. Service as of this date by the Clerk of Court. [819804] [KMH] [Entered: 12/20/2021 11:55 AM] |
NOTICE OF NON-COMPLIANCE: The submission of Appellant Implicit, LLC, Confidential Appendix, and upon further review, Nonconfidential Appendix and Reply Brief [42], [38], [33], is not in compliance with the rules of this court (see attached). Compliant document due on 01/11/2022. Service as of this date by the Clerk of Court. [822525] [KMH] [Entered: 01/04/2022 11:46 AM] |
MODIFIED ENTRY: CORRECTED REPLY BRIEF FILED by Appellant Implicit, LLC. Service: 01/06/2022 by email. [823180]--[Edited 01/12/2022 by KMH - compliance review complete] [Robert Shaffer] [Entered: 01/06/2022 05:07 PM] |
MODIFIED ENTRY: CORRECTED APPENDIX FILED by Appellant Implicit, LLC. Service: 01/06/2022 by email. [823182]--[Edited 01/12/2022 by KMH - compliance review complete] [Robert Shaffer] [Entered: 01/06/2022 05:10 PM] |
Notice to Advise of Scheduling Conflicts. Arguing counsel must advise of, and show good cause for, any scheduling conflicts during the upcoming court session months listed in the attached notice. The Response to Notice to Advise of Scheduling Conflicts can be found here. The Oral Argument Guide can be found here. [824185] [KMH] [Entered: 01/12/2022 02:15 PM] |
Notice from Appellant Implicit, LLC regarding conflicts with oral argument. Service: 01/14/2022 by email. [824810] [20-1976] [Jason Romrell] [Entered: 01/14/2022 04:16 PM] |
Notice from Cross-Appellant NetScout Systems, Inc. regarding conflicts with oral argument. Service: 01/17/2022 by email. [824871] [20-1976] [Eric Buresh] [Entered: 01/17/2022 05:17 PM] |
NOTICE OF ORAL ARGUMENT. Panel: 2205H. Case scheduled May 5, 2022. Response to Notice of Oral Argument due: 04/04/2022. Please review the attached Notice. The response to notice of oral argument form can be found here. The Oral Argument Guide can be found here. Service as of this date by the Clerk of Court. [838058] [JCP] [Entered: 03/21/2022 04:07 PM] |
Response to notice of oral argument from Appellant Implicit, LLC. Service: 03/29/2022 by email. [839747] [20-1976] [Jason Romrell] [Entered: 03/29/2022 03:46 PM] |
Response to notice of oral argument from Cross-Appellant NetScout Systems, Inc.. Service: 03/30/2022 by email. [839934] [20-1976] [Eric Buresh] [Entered: 03/30/2022 01:56 PM] |
Corrected Response to notice of oral argument from Cross-Appellant NetScout Systems, Inc.. Service: 03/31/2022 by email. [840137] [20-1976] [Eric Buresh] [Entered: 03/31/2022 11:36 AM] |
JUDGMENT. AFFIRMED. Issued pursuant to Federal Circuit Rule 36. Terminated on the merits after oral argument. COSTS: No Costs. Mandate to issue in due course. For information regarding costs, petitions for rehearing, and petitions for writs of certiorari click here. Service as of this date by the Clerk of Court. [848064] [20-1976, 20-2045] [JCP] [Entered: 05/06/2022 10:14 AM] |
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