1:18-cv-12639 - Rain Computing Inc v. Samsung Electronics Co Ltd et al.Report Error
Detail
Case Number
1:18-cv-12639Current Status
closedCause of Action
Infringement
Related Case(s)
2020-1646
2020-1656
Court
Massachusetts District CourtPlaintiff(s)
Rain Computing Inc
NPE (Individual)Defendant(s)
Samsung Electronics Co Ltd
Samsung Electronics America Inc
Samsung Research America Inc
Judge
Richard G. StearnsFiling Date
2018-12-26Termination Date
2020-03-12Dockets
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| CIVIL DOCKET |
| UPDATED CIVIL DOCKET |
| Judge Richard G. Stearns: ELECTRONIC ORDER entered denying 44 Motion for Reconsideration. (Tang, Danni) (Entered: 02/24/2020) |
| COMPLAINT against Samsung Research America, Inc., Samsung Electronics America, Inc., Samsung Electronics Co., Ltd. Filing fee: $ 400, receipt number 0101-7469770 (Fee Status: Filing Fee paid), filed by Rain Computing, Inc.. (Attachments: # 1 Exhibit 1, # 2 Civil Cover Sheet)(Chow, Stephen) (Entered: 12/26/2018) |
| Civil Cover Sheet & Category Sheet re 1 Complaint, by Rain Computing, Inc.. (Attachments: # 1 Civil Cover Sheet Category Sheet)(Chow, Stephen) (Entered: 12/26/2018) |
| Assented to MOTION for Extension of Time to May 20, 2019 to File Answer by Rain Computing, Inc.. (Attachments: # 1 Exhibit 1: Declaration of Daniel Girdwood, # 2 Text of Proposed Order)(Chin, Douglas) (Entered: 04/02/2019) |
| MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Samsung Electronics America, Inc., Samsung Electronics Co., Ltd., Samsung Research America, Inc.. (Attachments: # 1 Text of Proposed Order)(Marshall, Stephen) (Entered: 05/20/2019) |
| MOTION for Leave to Appear Pro Hac Vice for admission of Michael McKeon Filing fee: $ 100, receipt number 0101-7693330 by Samsung Electronics America, Inc., Samsung Electronics Co., Ltd., Samsung Research America, Inc.. (Attachments: # 1 Exhibit 1)(Marshall, Stephen) (Entered: 05/20/2019) |
| MOTION for Leave to Appear Pro Hac Vice for admission of Peter Yi Filing fee: $ 100, receipt number 0101-7708296 by Rain Computing, Inc.. (Attachments: # 1 Exhibit Certification of P. Yi)(Chin, Douglas) (Entered: 05/30/2019) |
| Judge Richard G. Stearns: ORDER entered denying 14 Motion to Dismiss for Failure to State a Claim. The court agrees with Rain Computing that its patent infringement complaint is sufficient to satisfy the Iqbal and Twombly "plausibility" standard. A patent plaintiff "need not prove its case at the pleading stage. The complaint must place the potential infringer... on notice of what activity... is being accused of infringement." Nalco Co. v. Chem-Mod, LLC, 883 F.3d 1337, 1350 (Fed. Cir. 2018) (quotation marks and citations omitted). According to the Complaint, the asserted patent is directed to "methods and systems for delivering software packages to client terminals based on a subscription service by which a user is charged for specific applications that the user is subscribed to use." Compl. para 11. The Complaint alleges that Samsung infringes by delivering software applications (such as the Smart Home App) to Samsung devices (such as the Galaxy phones) via app stores (such as the Galaxy App Store), and Samsung "controls access to the app stores by requiring the user to register, subscribe, and/or agree to certain terms before that user can receive apps offered through the app stores." Compl. para. 16. Contrary to Samsungs suggestion, "the Federal Rules of Civil Procedure do not require a plaintiff to plead facts establishing that each element of an asserted claim is met." Nalco, 883 F.3d at 1350 (citation omitted). Samsungs other argument, that the asserted claims require a subscription to an application rather to an app store, is an infringement position that is premature at this stage of the litigation. Accordingly, Samsung to answer no later than 6/18/2019; Rain Computer to make its initial disclosures consistent with L.R. 16.6(d)(1) no later than 7/9/2019; parties to confer consistent with L.R. 16(d)(2) no later than 7/30/2019; Samsung to make its initial disclosures consistent with L.R. 16.6(d)(4) no later than 8/20/2019; the parties to exchange claim construction terms no later than 9/10/2019, and meet and confer re same by 9/17/2019; opening claim construction briefs (of no more than 25 pages without leave) due 10/8/2019; reply briefs (of no more than 15 pages without leave) due 10/29/2019; joint claim construction statement to the court (including a ranking of the terms in the parties estimation of importance to the case in decreasing order) due 11/12/2019; the court to set a Markman hearing at its conveniences, and the parties to exchange tutorials at least 7 days prior to the hearing. The court will issue a further scheduling upon the issuance of its claim construction rulings. The parties are reminded that until such a time the parties seek and obtain a case-specific protective order, the default protective order of L.R. 16.6 governs. (Entered: 06/04/2019) |
| REPORT of Rule 26(f) Planning Meeting. (Attachments: # 1 LR 16.1(d)(3) Certification by Rain Computing, # 2 LR 16.1(d)(3) Certification by Defendants)(Chin, Douglas) (Entered: 08/13/2019) |
| Joint MOTION for Protective Order by Samsung Electronics America, Inc., Samsung Electronics Co., Ltd., Samsung Research America, Inc.. (Attachments: # 1 Text of Proposed Order)(Marshall, Stephen) (Entered: 08/27/2019) |
| Markman Brief by Samsung Electronics America, Inc., Samsung Electronics Co., Ltd., Samsung Research America, Inc.. (Attachments: # 1 Declaration of Chatterjee, # 2 CV of Chatterjee)(Marshall, Stephen) (Main Document 31 replaced on 10/8/2019 with further redaction from counsel) (Pacho, Arnold). (Additional attachment(s) added on 10/10/2019: # 3 Claim Construction Brief (Filed Under Seal)) (Pacho, Arnold). Modified on 10/10/2019 to add sealed version, per court order dkt.34 (Pacho, Arnold). (Entered: 10/08/2019) |
| DECLARATION re 31 Markman Brief Declaration of Stephen Marshall In Support of Samsungs Opening Claim Construction Brief by Samsung Electronics America, Inc., Samsung Electronics Co., Ltd., Samsung Research America, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4 [Redacted], # 5 Exhibit 5 [Redacted], # 6 Exhibit 6 [Redacted], # 7 Exhibit 7 [Redacted], # 8 Exhibit 8 [Redacted], # 9 Exhibit 9 [Redacted], # 10 Exhibit 10 [Redacted], # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13)(Marshall, Stephen) (Attachment 4 replaced on 10/10/2019) (Pacho, Arnold). (Attachment 5 replaced on 10/10/2019) (Pacho, Arnold). (Attachment 6 replaced on 10/10/2019) (Pacho, Arnold). (Attachment 7 replaced on 10/10/2019) (Pacho, Arnold). (Attachment 8 replaced on 10/10/2019) (Pacho, Arnold). (Attachment 9 replaced on 10/10/2019) (Pacho, Arnold). (Attachment 10 replaced on 10/10/2019) (Pacho, Arnold). Modified on 10/10/2019 to attach sealed versions, per court order dkt.34 (Pacho, Arnold). (Entered: 10/08/2019) |
| BRIEF by Rain Computing, Inc. Opening Claim Construction Brief. (Attachments: # 1 Declaration of Douglas E. Chin, # 2 Exhibit A-1, # 3 Exhibit A-2, # 4 Exhibit A-3, # 5 Exhibit A-4, # 6 Exhibit A-5, # 7 Exhibit A-6, # 8 Exhibit A-7, # 9 Exhibit A-8, # 10 Exhibit B-1, # 11 Exhibit B-2, # 12 Exhibit B-3, # 13 Exhibit B-4, # 14 Exhibit B-5, # 15 Exhibit B-6, # 16 Exhibit B-7)(Chin, Douglas) (Entered: 10/08/2019) |
| DECLARATION re 36 Response Declaration of Stephen Marshall In Support of Samsungs Responsive Claim Construction Brief by Samsung Electronics America, Inc., Samsung Electronics Co., Ltd., Samsung Research America, Inc.. (Attachments: # 1 Exhibit)(Marshall, Stephen) (Entered: 10/29/2019) |
| MOTION for Leave to Appear Pro Hac Vice for admission of Bethany Mihalik Filing fee: $ 100, receipt number 0101-8067324 by Samsung Electronics America, Inc., Samsung Electronics Co., Ltd., Samsung Research America, Inc.. (Attachments: # 1 Exhibit 1)(Marshall, Stephen) (Entered: 01/22/2020) |
| STIPULATION of Dismissal Joint Stipulation of Dismissal and for Entry of Final Judgment and Order by Samsung Electronics America, Inc., Samsung Electronics Co., Ltd., Samsung Research America, Inc.. (Attachments: # 1 Text of Proposed Order)(Marshall, Stephen) (Entered: 03/11/2020) |
| REPORT ON THE FILING OF AN ACTION REGARDING PATENT OR TRADEMARK. (Chow, Stephen) (Entered: 12/26/2018) |
| CORPORATE DISCLOSURE STATEMENT by Rain Computing, Inc.. (Chow, Stephen) (Entered: 12/26/2018) |
| Summons Issued as to Samsung Electronics America, Inc., Samsung Electronics Co., Ltd., Samsung Research America, Inc.. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Kinsella, Devan) (Entered: 12/27/2018) |
| NOTICE of Appearance by Douglas E. Chin on behalf of Rain Computing, Inc. (Chin, Douglas) (Entered: 03/22/2019) |
| SUMMONS Returned Executed Samsung Electronics America, Inc. served on 3/20/2019, answer due 4/10/2019. (Chin, Douglas) (Entered: 03/22/2019) |
| SUMMONS Returned Executed Samsung Research America, Inc. served on 3/20/2019, answer due 4/10/2019. (Chin, Douglas) (Entered: 03/22/2019) |
| Status Letter/request (non-motion) from Stephen Chow re: Service of Process on Defts. (Chin, Douglas) (Entered: 03/26/2019) |
| WAIVER OF SERVICE Returned Executed by Rain Computing, Inc.. Samsung Electronics Co., Ltd. waiver sent on 3/20/2019, answer due 6/18/2019. (Chin, Douglas) (Entered: 04/02/2019) |
| MEMORANDUM in Support re 14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Samsung Electronics America, Inc., Samsung Electronics Co., Ltd., Samsung Research America, Inc.. (Marshall, Stephen) (Entered: 05/20/2019) |
| CORPORATE DISCLOSURE STATEMENT by Samsung Electronics America, Inc., Samsung Electronics Co., Ltd., Samsung Research America, Inc.. (Marshall, Stephen) (Entered: 05/20/2019) |
| NOTICE of Appearance by Alexander M. Pechette on behalf of Samsung Electronics America, Inc., Samsung Electronics Co., Ltd., Samsung Research America, Inc. (Pechette, Alexander) (Entered: 05/20/2019) |
| Opposition re 14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Rain Computing, Inc.. (Chin, Douglas) (Entered: 06/03/2019) |
| ANSWER to 1 Complaint, with Jury Demand , COUNTERCLAIM against Rain Computing, Inc. by Samsung Research America, Inc., Samsung Electronics America, Inc., Samsung Electronics Co., Ltd..(Marshall, Stephen) (Entered: 06/18/2019) |
| ANSWER to Counterclaim by Rain Computing, Inc..(Chin, Douglas) (Entered: 07/09/2019) |
| Judge Richard G. Stearns: ORDER entered granting 27 Motion for Protective Order. (Tang, Danni) (Entered: 08/27/2019) |
| Assented to MOTION to Impound by Samsung Electronics America, Inc., Samsung Electronics Co., Ltd., Samsung Research America, Inc..(Marshall, Stephen) (Entered: 10/07/2019) |
| Markman Brief by Rain Computing, Inc.. (Yi, Peter) (Entered: 10/29/2019) |
| Response by Samsung Electronics America, Inc., Samsung Electronics Co., Ltd., Samsung Research America, Inc. to 33 Brief, Responsive Claim Construction Brief of the Samsung Defendants. (Marshall, Stephen) (Entered: 10/29/2019) |
| Joint Claim Construction and Prehearing Statement by Rain Computing, Inc.. (Chow, Stephen) (Entered: 11/12/2019) |
| Judge Richard G. Stearns: ORDER entered. MEMORANDUM AND ORDER construing claims. "The disputed claim terms will be construed for the jury and for all other purposes in the pending litigation in a manner consistent with the above rulings of the court." Fact discovery to conclude 6/12/2020; opening expert reports to be exchanged by 7/10/2020, rebuttal reports 8/7/2020; expert discovery closes 9/4/2020. Summary judgment motions to be filed no later than 10/2/2020; oppositions due 10/23/2020; replies of no more than 10 pages by 11/6/2020.(Tang, Danni) (Entered: 02/12/2020) |
| MOTION for Reconsideration re 43 Memorandum & ORDER,, by Rain Computing, Inc..(Chow, Stephen) (Entered: 02/19/2020) |
| MEMORANDUM in Support re 44 MOTION for Reconsideration re 43 Memorandum & ORDER,, filed by Rain Computing, Inc.. (Chow, Stephen) (Entered: 02/19/2020) |
| Judge Richard G. Stearns: ORDER entered re 47 Joint Stipulation of Dismissal. Order Approving Joint Sipulation of Dismissal and for Entry of Final Judgment. (Pacho, Arnold) (Entered: 03/12/2020) |
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Patents In Case