1:11-cv-06909 - Kickstarter Inc v. Artistshare Inc et al.

Detail

Case Number

1:11-cv-06909

Current Status

closed

Cause of Action

Declaratory Judgment

Related Case(s)

2015-1886

Court

New York Southern District Court

Plaintiff(s)

Kickstarter Inc

NPE (Individual)

Defendant(s)

Artistshare Inc

Fan Funded LLC

Judge

Katherine Polk Failla

Filing Date

2011-09-30

Termination Date

2015-06-30

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Dockets
Text
Complaint for declaratory judgment.
NOTICE OF APPEARANCE by Michael Jarrett Allan on behalf of Kickstarter, Inc. (Allan, Michael) (Entered: 10/03/2011)
UPDATED CIVIL DOCKET
Terminate Transcript Deadlines (km) (Entered: 06/30/2015)
ANSWER to 30 Counterclaim. Document filed by Kickstarter, Inc..(Allan, Michael) (Entered: 05/15/2012)
ORDER. The Court has reviewed Plaintiff Kickstarter, Inc.s ("Plaintiff") and ArtistShare, Inc. and Fan Funded, LLCs (collectively, the "Defendants") exchange of letters, both dated June 25, 2012, which propose alternative case management schedules.... Accordingly, Plaintiffs request to begin the claim construction process after discovery is complete is DENIED. Defendants request to begin the claim construction process 10 days after the parties exchange Rule 26 initial disclosures is likewise DENIED as premature. The parties have agreed to exchange initial Rule 26 disclosures on July 2, 2012, and initial requests for the production of documents no later than November 13, 2012. Kickstarter proposes a May 4, 2013 deadline for the completion of expert discovery, which is approximately ten months after the parties exchange initial disclosures. The Markman hearing should occur midway through discovery, approximately five months after initial disclosures, in December 2012. The parties are to meet and confer and submit a revised civil case management plan that meets this parameter. (Signed by Judge Paul A. Crotty on 6/28/2012) (bw) (Entered: 06/29/2012)
CASE MANAGEMENT PLAN: This Civil Case Management Plan, submitted in accordance with Rule 26(f), Fed. R. Civ. P., is adopted as the Scheduling Order of this Court in accordance with Rule 16(f), Fed. R. Civ. P. All parties do not consent to conducting all further proceedings before a Magistrate Judge, including motions and trial. 28 U.S.C. § 636(c). This case is to be tried to a jury. Initial disclosure pursuant to Rules 26(a)(l), Fed. R. Civ. P., shall be exchanged on or before July 2, 2012. Amended Pleadings due by 9/7/2012. Expert Discovery due by 4/4/2013. Discovery due by 5/3/2013. Counsel for the parties have conferred and their present best estimate of the length oftrial is: 5 days. Case Management Conference set for 10/3/2012 at 04:30 PM in Courtroom 20C, 500 Pearl Street, New York, NY 10007 before Judge Paul A. Crotty. (Signed by Judge Paul A. Crotty on 7/17/2012) (ama) (Entered: 07/18/2012)
ENDORSED LETTER addressed to Judge Paul A. Crotty from Theodore K. Cheng dated 8/21/2012 re: I respectfully request that the Court adjourn the currently scheduled case management conference to either October 10, 12, or 23, 2012. ENDORSEMENT: The October 3 status conference in this matter is adjourned to October 12, 2012 at 4:30 p.m. in Courtroom 20-C., ( Status Conference set for 10/12/2012 at 04:30 PM in Courtroom 20C, 500 Pearl Street, New York, NY 10007 before Judge Paul A. Crotty.) (Signed by Judge Paul A. Crotty on 8/21/2012) (lmb) (Entered: 08/21/2012)
NOTICE OF APPEARANCE by Stephanie Su Spangler on behalf of Artistshare, Inc., Fan Funded, LLC (Spangler, Stephanie) (Entered: 09/18/2012)
NOTICE OF APPEARANCE by Stephanie Su Spangler on behalf of Artistshare, Inc., Fan Funded, LLC (Spangler, Stephanie) (Entered: 09/18/2012)
NOTICE OF APPEARANCE by William Joseph Seymour on behalf of Artistshare, Inc., Fan Funded, LLC (Seymour, William) (Entered: 10/16/2012)
NOTICE OF APPEARANCE by Craig Robert Smith on behalf of Artistshare, Inc., Fan Funded, LLC (Smith, Craig) (Entered: 10/17/2012)
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Kickstarter, Inc..(pl) (Entered: 10/03/2011)
JOINT MOTION for Protective Order. Document filed by Artistshare, Inc., Fan Funded, LLC. (Attachments: # 1 Exhibit)(Smith, Craig) (Entered: 10/18/2012)
JOINT CLAIM CONSTRUCTION STATEMENT. Document filed by Kickstarter, Inc.. (Attachments: # 1 Exhibit A)(Allan, Michael) (Entered: 10/19/2012)
NOTICE OF CHANGE OF ADDRESS by Theodore Kevin Cheng on behalf of Artistshare, Inc., Fan Funded, LLC. New Address: Yoon & Kim LLP, 11 E. 44th Street, Suite 500, New York, New York, USA 10017, 212-584-0058. (Cheng, Theodore) (Entered: 11/05/2012)
BRIEF Opening Brief on Claim Construction. Document filed by Kickstarter, Inc..(Allan, Michael) (Entered: 11/06/2012)
DECLARATION of Timothy C. Bickham in Support re: 42 Brief. Document filed by Kickstarter, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2 (Part 1 of 2), # 3 Exhibit 2 (Part 2 of 2), # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6)(Allan, Michael) (Entered: 11/06/2012)
BRIEF Opening Brief on Claim Construction. Document filed by Artistshare, Inc., Fan Funded, LLC.(Smith, Craig) (Entered: 11/06/2012)
DECLARATION of William J. Seymour in Support re: 44 Brief. Document filed by Artistshare, Inc., Fan Funded, LLC. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(Smith, Craig) (Entered: 11/06/2012)
NOTICE OF APPEARANCE by Kristin Marie Darr on behalf of Kickstarter, Inc. (Darr, Kristin) (Entered: 10/03/2011)
STIPULATED PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Paul A. Crotty on 11/5/2012) (cd) (Entered: 11/07/2012)
RESPONSE re: 44 Brief on Claim Construction. Document filed by Kickstarter, Inc.. (Allan, Michael) (Entered: 11/30/2012)
***Stricken from record. See 12/04/12 Endorsed Letter*** RESPONSE re: 42 Brief on Claim Construction. Document filed by Artistshare, Inc., Fan Funded, LLC. (Spangler, Stephanie) Modified on 12/4/2012 (mov). (Entered: 11/30/2012)
ENDORSED LETTER addressed to Judge Paul A. Crotty from Michael J. Allen dated December 3, 2012 re: Plaintiff Kickstarter, Inc. (Kickstarter) respectfully submits this pre-motion conference letter pursuant to Your Honors Individual Practice Rule 3A. Kickstarter intends to ask this Court to strike as oversized the November 30, 2012 claim construction brief filed by defendants Fan Funded, LLC and ArtistShare, Inc. as it is over twice the 10-page limit. Oral argument on claim construction issues is set for December 17, 2012. ENDORSEMENT: The defendants brief filed on 11/30/2012 is outside the Courts limits. It is stricken; with leave granted to file a responsive brief no more than 10 pages by Monday, December 10, 2012. So Ordered. (Signed by Judge Miriam Goldman Cedarbaum on Decembr 4, 2012) (mov) (Entered: 12/04/2012)
TRANSCRIPT of Proceedings re: proceedings held on 10/12/2012 before Judge Paul A. Crotty. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/2/2013. Redacted Transcript Deadline set for 1/10/2013. Release of Transcript Restriction set for 3/11/2013.(tro) (Entered: 12/06/2012)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a proceedings proceeding held on 10/12/2012 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(tro) (Entered: 12/06/2012)
RESPONSE re: 42 Brief on Claim Construction. Document filed by Artistshare, Inc., Fan Funded, LLC. (Cheng, Theodore) (Entered: 12/10/2012)
OPINION AND ORDER: #102827 The foregoing constitutes the Courts ruling on all outstanding matters of claim construction. The clerk of Court is directed to terminate the motion at Docket No.39. SO ORDERED. (Signed by Judge Paul A. Crotty on 1/16/2013) (ama) Modified on 1/23/2013 (jab). (Entered: 01/18/2013)
INTERNET CITATION NOTE: Material from decision with Internet citation re: 53 Memorandum & Opinion. (sj) (Entered: 01/30/2013)
OPINION & ORDER #102915: Plaintiff Kickstarter, Inc. ("Kickstarter") seeks declaratory relief against Defendants Fan Funded, LLC and ArtistShare, Inc. (collectively, "ArtistShare") that U.S. Patent No. 7,885,887 for "Methods and apparatuses for financing and marketing a creative work," issued on February 8, 2011 (the "887 Patent") is invalid and that Kickstarter does not infringe it. ArtistShare filed a Counterclaim for patent infringement, seeking preliminary and permanent injunctive relief, as well as compensatory damages. Pursuant to Markman v. Westview Instruments, Inc., 517 U.S. 370 (1996), the Court construed the 887 Patents claims on January 18, 2013. See Kickstarter, Inc. v. Fan Funded, LLC, No. 11 Civ. 6909, 2013 WL 2314313 (S.D.N.Y. Jan. 18, 2013) (the "Claim Construction Order"). By letter dated February 8, 2013, ArtistShare now seeks to dismiss Kickstarters invalidity claim, without prejudice, and to have the Court enter final judgment in this matter. ArtistShare would then appeal the Claim Construction Order to the Federal Circuit. Alternatively, ArtistShare requests that the Court enter partial final judgment with respect to ArtistShares claim of infringement and Kickstarters declaratory judgment claim of non-infringement, which would have the same effect. See Nystrom v. TREX Co., Inc., 339 F.3d 1347, 1351 (Fed. Cir. 2003). Kickstarter filed a letter in opposition on February 13, 2013. Further briefing is not necessary. ArtistShare claims that granting an interlocutory appeal of the Claim Construction Order would serve the interest of judicial economy by allowing the parties and the Court to avoid unnecessary litigation. Should the Federal Circuit affirm the Claim Construction Order, ArtistShare would concede that Kickstarter has not infringed the 887 Patent, rendering Kickstarters declaratory judgment action and claim for invalidity moot. None of the cases ArtistShare cites to support its proposal involved a similar procedural posture as the instant matter. Rather, the cases relied on by ArtistShare all address instances where invalidity claims were dismissed without prejudice after the district court had ruled on infringement claims on the merits. See, e.g., Liquidnet Holdings, Inc. v. Pulse Trading, Inc., No. 07 Civ. 6886, 2011 WL 2493526 (S.D.N.Y. June 22, 2011) (dismissing claims without prejudice to allow appeal of claim construction and partial summary judgment of non-infringement); In re Fenofibrate Patent Litig., -- F. Supp. 2d --, 2012 WL 6709221 (S.D.N.Y. 2012) (granting summary judgment of non-infringement and dismissing counterclaims as moot); Nextec Applications v. Brookwood Cos., Inc., 703 F. Supp. 2d 390 (S.D.N.Y. 2010) (granting summary judgment of non-infringement and declining to address invalidity). This Court has not made any merits-based rulings in this matter. Even if it had, however, where the patents validity remains at issue, "it is the better practice for the court to resolve that claim, even if it has found non-infringement of the patent in suit. Tailored Lighting, Inc. v. Osram Sylvania Prods., Inc., 713 F. Supp. 2d 184, 192-93 (W.D.N.Y. 2010). Determinations of claim construction made as an interlocutory matter by a district court are frequently determinative of either infringement or invalidity, but seldom both. Nystrom, 339 F.3d at 1350. Nevertheless, interlocutory appeals of claim construction orders are still governed by the well-settled doctrine that "piecemeal litigation is as strictly precluded by the rule of finality for patent cases as it is for any other case" because "the rules of finality that define the jurisdiction of [the Federal Circuit] do not contain special provisions for patent cases or admit to exceptions for strategic reasons or otherwise." Id. Moreover, the Federal Circuit has not generally certified motions for interlocutory appeal of claim construction." Regents of Univ. of Cal. V. DakoCytomation Cal., Inc., 517 F.3d 1364, 1371 (Fed. Cir. 2008). Numerous reasons explain why interlocutory appeals are disfavored: "claim construction is frequently not finished until trial is complete" due to ongoing construction issues that arise throughout the litigation process; claim construction is frequently related to other issues that arise and therefore "the Federal Circuit is leery of giving an early ruling on claim construction while unaware of the other issues tied to it;" and interlocutory appeals may delay final relief to the litigants. Peter S. Menell et al., Patent Case Management Judicial Guide § 5.1.6 (2012).For the foregoing reasons, the Court declines to dismiss Kickstarters claims or to enter partial final judgment with respect to infringement. In light of this decision, there is no need to stay continuation of discovery. If an extension is needed, the parties should meet and confer before submitting an agreed upon proposal, as well as a new date (within the next sixty days) for a case management conference. SO ORDERED (Signed by Judge Paul A. Crotty on 02/15/13) (mov) Modified on 2/19/2013 (rsh). (Entered: 02/15/2013)
NOTICE OF APPEARANCE by Evan Glassman on behalf of Kickstarter, Inc. (Glassman, Evan) (Entered: 10/03/2011)
JOINT STIPULATION AND MODIFIED CASE MANAGEMENT PLAN AND SCHEDULING ORDER: Pursuant to the Courts February 15, 2013, Order and Opinion (Dkt. No. 55), Plaintiff Kickstarter, Inc. ("Kickstarter") and Defendants Fan Funded, LLC and ArtistShare, Inc. (collectively, "ArtistShare") hereby stipulate and agree to modify the July 17, 2012 Case Management Plan and Scheduling Order (Dkt. No. 33) to address Kickstarters invalidity claim. 1) Case Management Conference: June 10, 2013; 2) Close of Fact Deposition Discovery: September 20, 2013; 3) Rule 26 Expert Disclosure by Kickstarter (burdened party): October 21, 2013; 4) Rebuttal Expert Disclosure by ArtistShare: December 6, 2013; 5) Close of Expert Discovery: January 20, 2014; 6) Deadline to File Dispositive Motions: February 20, 2014; 7) Deadline to File Oppositions to Dispositive Motions: March 20, 2014; 8)Deadline to File Replies to Dispositive Motions: April 13, 2014; 9) Pretrial Order Due: To be set by the Court. Trial: To be set by the Court. SO ORDERED. (Signed by Judge Paul A. Crotty on 4/9/2013) (rsh) (Entered: 04/10/2013)
MOTION for Robert J. Silverman to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8407362. Motion and supporting papers to be reviewed by Clerk`s Office staff. Document filed by Kickstarter, Inc..(Silverman, Robert) (Entered: 04/10/2013)
MOTION for Matthew A. Ambros to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8407391. Motion and supporting papers to be reviewed by Clerk`s Office staff. Document filed by Kickstarter, Inc..(Ambros, Matthew) (Entered: 04/10/2013)
MOTION for Matthew B. Lowrie to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8409892. Motion and supporting papers to be reviewed by Clerk`s Office staff. Document filed by Kickstarter, Inc..(Lowrie, Matthew) (Entered: 04/11/2013)
NOTICE OF APPEARANCE by Michael Jarrett Allan on behalf of Kickstarter, Inc. (Allan, Michael) (Entered: 10/03/2011)
ENDORSED LETTER addressed to Judge Paul A. Crotty from Craig R. Smith dated 4/16/2013 re: Counsel for defendants request a pre-motion conference to filing a Motion for a Protective Order to halt Kickstarter, Inc.s ("Kickstarter") attempt to take two depositions in the United Kingdom and produce additional documents after the fact discovery deadline. ENDORSEMENT: The Court has considered this letter and the response of April 19, 2013. There is no need for a conference, as there is no basis for defendants concern. Production of documents and the taking of depositions is to proceed, as anticipated. So Ordered. (Signed by Judge Paul A. Crotty on 4/22/2013) (rsh) Modified on 4/24/2013 (rsh). (Entered: 04/23/2013)
Letter addressed to Judge Paul A. Crotty from Robert J. Silverman dated 4/19/2013 re: Plaintiff Kickstarter, Inc. hereby responds to the April 16, 2013 letter that Defendants Artistshare, Inc. and Fan Funded, LLC submitted to the Court, regarding the above caption action. As explained below, ArtistShare attempts to subvert the Courts February 15, 2013 Order (D.I.55), in which the Court denied ArtistShares request for entry of final judgment and directed the parties to proceed with discovery. Document filed by Kickstarter, Inc.(rsh) (Entered: 04/23/2013)
ENDORSED LETTER addressed to Judge Paul A. Crotty from Craig R. Smith dated 6/6/2013 re: Counsel for Defendants hereby request an adjournment of the Status Conference currently scheduled for Monday, June 10 to a rescheduled date of June 28, July 1, or July 2. ENDORSEMENT: Application GRANTED. The conference is adjourned to 7/2/2013 at 2:30 p.m. in Courtroom 11D. before Judge Paul A. Crotty. SO ORDERED. (Signed by Judge Paul A. Crotty on 6/6/2013) (rsh) (Entered: 06/06/2013)
NOTICE OF CHANGE OF ADDRESS by Theodore Kevin Cheng on behalf of Artistshare, Inc., Fan Funded, LLC. New Address: Fox Horan & Camerini LLP, 825 Third Avenue, New York, NY, USA 10022, (212) 480-4800. (Cheng, Theodore) (Entered: 06/20/2013)
NOTICE OF CASE REASSIGNMENT to Judge Katherine Polk Failla. Judge Paul A. Crotty is no longer assigned to the case. (pgu) (Entered: 06/25/2013)
ORDER: Whereas this case has been reassigned to me for all purposes, it is hereby, ORDERED that counsel review and comply with the Courts Individual Rules of Practice in Civil Cases ("Individual Rules") (available at the Courts website, http://nysd.uscourts.gov/judge/Failla). All current deadlines and schedules remain in effect. Unless notified otherwise by the Court, the parties should presume that any Scheduling Order or Case Management Plan remains in effect notwithstanding the cases transfer. Any request for an extension or adjournment shall be made by letter as provided in Individual Rule 1(E) and must be received at least 48 hours before the deadline or conference. Counsel are further ordered to submit a joint letter to the Court no later than July 12, 2013. The parties should append the most recent complaint and the most recent scheduling order to the status letter. The letter and appended documents should be e-mailed to Chambers as a single pdf attachment at Failla_NYSDChambers@nysd.uscourts.gov in accordance with the Courts Individual Rules. The status letter should not exceed five pages and should include the following as further set forth in this order. (Signed by Judge Katherine Polk Failla on 6/26/2013) (lmb) (Entered: 06/26/2013)
ORDER. The parties are hereby ordered to appear for a status conference on August 7, 2013, at 11:00 a.m. in Courtroom 618 of the Thurgood Marshall Courthouse at 40 Foley Square, New York, New York. (Status Conference set for 8/7/2013 at 11:00 AM in Courtroom 618, U.S. Courthouse, 40 Centre Street, New York, NY 10007 before Judge Katherine Polk Failla.) (Signed by Judge Katherine Polk Failla on 7/17/2013) (rjm) (Entered: 07/17/2013)
LETTER addressed to Judge Katherine Polk Failla from Robert J. Silverman and Craig R. Smith dated 7/12/2013 re: The parties in the above-captioned matter - Plaintiff Kickstarter, Inc. ("Kickstarter") and defendants Fan Funded, LLC & ArtistShare, Inc. (collectively "ArtistShare") - submit this joint status letter pursuant to the Courts order (ECF Docket No. 68). Document filed by Artistshare, Inc., Kickstarter, Inc.(lmb) (Entered: 07/18/2013)
ENDORSED LETTER addressed to Judge Katherine Polk Failla from Robert J. Silverman dated 7/30/2013 re: Plaintiff Kickstarter, Inc. ("Kickstarter") respectfully requests an adjournment of the Status Conference in this case, currently scheduled for August 7, 2013, at 11:00 a.m. ENDORSEMENT: The request for adjournment is GRANTED. The conference scheduled for August 7, 2013, at 10:00 a.m. is ADJOURNED to August 15, 2013, at 10:00 a.m. in Courtroom 618 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, New York. So ordered. (Status Conference set for 8/15/2013 at 10:00 AM in Courtroom 618, U.S. Courthouse, 40 Centre Street, New York, NY 10007 before Judge Katherine Polk Failla.) (Signed by Judge Katherine Polk Failla on 7/31/2013) (rjm) (Entered: 07/31/2013)
AFFIDAVIT OF SERVICE of Summons and Complaint. Artistshare, Inc. served on 10/7/2011, answer due 10/28/2011. Service was accepted by Paul Matthews. Document filed by Kickstarter, Inc.. (Glassman, Evan) (Entered: 10/13/2011)
LETTER addressed to Judge Katherine Polk Failla from Robert J. Silverman dated 7/16/2013 re: I represent Plaintiff Kickstarter, Inc. ("Kickstarter") in this action and submit this letter under Rule 2(C) of the Courts Individual Rules of Practice in Civil Cases to request an informal conference to address the two discovery disputes addressed below. Document filed by Kickstarter, Inc.(lmb) Modified on 8/9/2013 (lmb). Modified on 8/9/2013 (lmb). (Entered: 08/09/2013)
LETTER addressed to Judge Katherine Polk Failla from Craig R. Smith dated 7/19/2013 re: ArtistShare, Inc. and Fan Funded, LLC (collectively "ArtistShare") submit this letter in response to Kickstarters letter of July 16th. Document filed by Artistshare, Inc.(lmb) (Entered: 08/09/2013)
LETTER addressed to Judge Katherine Polk Failla from Robert J. Silverman dated 8/11/2013 re: I represent Plaintiff Kickstarter, Inc. ("Kickstarter") in this action and submit this letter under Rule 2(C) of the Courts Individual Rules of Practice in Civil Cases to request an informal conference. Document filed by Kickstarter, Inc.(lmb) (Entered: 08/13/2013)
LETTER addressed to Judge Katherine Polk Failla from Craig R. Smith dated 8/14/2013 re: I am providing this letter in response to the letter submitted by Plaintiff Kickstarter, Inc. on August 11, 2013. Document filed by Artistshare, Inc., Fan Funded, LLC.(cd) (Entered: 08/15/2013)
NOTICE of Withdrawal as Counsel of Record. Document filed by Artistshare, Inc., Fan Funded, LLC. (Spangler, Stephanie) (Entered: 08/19/2013)
FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - JOINT MOTION To Modify Case Management Plan and Scheduling Order re: 56 Stipulation and Order, Case Management Plan, Scheduling Order. Document filed by Kickstarter, Inc..(Ambros, Matthew) Modified on 9/6/2013 (db). (Entered: 09/05/2013)
JOINT STIPULATION AND MODIFIED CASE MANAGEMENT PLAN AND SCHEDULING ORDER. Plaintiff Kickstarter, Inc. ("Kickstarter") and Defendants Fan Funded, LLC and ArtistShare, Inc. (collectively, "Defendants"), hereby stipulate and agree to modify the April 9, 2013 Case Management Plan and Scheduling Order (Dkt. No. 56) as follows: Kickstarter supplements its response to Interrogatory 14: Not later than August 26, 2013. Defendants respond to Interrogatory 16 & Interrogatory 17: September 13, 2013. Close of fact deposition discovery: October 15, 2013. Rule 26 Expert Disclosure by Kickstarter (burdened party): November 25, 2013. Rebuttal Expert Disclosure by Defendants: January 10, 2014. Close of Expert Discovery: February 20, 2014. Deadline to File Dispositive Motions: March 22, 2014. Deadline to File Oppositions to Dispositive Motions: April 19, 2014. Deadline to File Replies to Dispositive Motions: May 13, 2014. Pretrial Order Due: To be set by the Court. Trial: To be set by the Court. To the extent that any stipulated deadline falls on a weekend - including the deadlines to file dispositive motions and to file oppositions to dispositive motions - the relevant submissions shall be due on the immediately following Monday. So ordered. (Expert Discovery due by 2/20/2014. Fact Discovery due by 10/15/2013. Motions due by 3/22/2014. Responses due by 4/19/2014. Replies due by 5/13/2014.) (Signed by Judge Katherine Polk Failla on 9/6/2013) (rjm) (Entered: 09/06/2013)
NOTICE OF APPEARANCE by Eric Peter Carnevale on behalf of Artistshare, Inc., Fan Funded, LLC. (Carnevale, Eric) (Entered: 10/04/2013)
AFFIDAVIT OF SERVICE of Summons and Complaint. Fan Funded, LLC served on 10/7/2011, answer due 10/28/2011. Service was accepted by Paul Matthews. Document filed by Kickstarter, Inc.. (Glassman, Evan) (Entered: 10/13/2011)
ORDER: Having received the parties letters of October 3, 2013, and October 7, 2013, the parties are hereby ORDERED to appear for a conference on October 18, 2013, at 3:00 p.m. in Courtroom 618 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, New York. ( Status Conference set for 10/18/2013 at 03:00 PM in Courtroom 618, 40 Centre Street, New York, NY 10007 before Judge Katherine Polk Failla.) (Signed by Judge Katherine Polk Failla on 10/9/2013) (mro) (Entered: 10/09/2013)
ENDORSED LETTER addressed to Judge Katherine Polk Failla from Matthew A. Ambros dated 10/15/2013 re: Request for a re-scheduling of the October 18, 2013 status conference. ENDORSEMENT: Request GRANTED. The parties are hereby ORDERED to appear on October 23, 2013, at 4:30 p.m. in Courtroom 618 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, New York. So ordered. (Status Conference set for 10/23/2013 at 04:30 PM in Courtroom 618, U.S. Courthouse, 40 Centre Street, New York, NY 10007 before Judge Katherine Polk Failla.) (Signed by Judge Katherine Polk Failla on 10/15/2013) (rjm) (Entered: 10/16/2013)
JOINT STIPULATION AND MODIFIED CASE MANAGEMENT PLAN AND SCHEDULING ORDER. Deposition due by 12/6/2013. Expert Discovery due by 3/21/2014. Fact Discovery due by 12/6/2013. Dispositive Motions due by 4/25/2014. Responses due by 5/23/2014. Replies due by 6/6/2014, and as further set forth. The Court contemplates that no further extensions to these deadlines will be sought or granted. (Signed by Judge Katherine Polk Failla on 10/28/2013) (rjm) (Entered: 10/28/2013)
TRANSCRIPT of Proceedings re: CONFERENCE held on 10/23/2013 before Judge Katherine Polk Failla. Court Reporter/Transcriber: Steven Greenblum, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/25/2013. Redacted Transcript Deadline set for 12/5/2013. Release of Transcript Restriction set for 2/1/2014.(McGuirk, Kelly) (Entered: 10/31/2013)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 10/23/2013 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 10/31/2013)
NOTICE of of Withdrawal of Appearance. Document filed by Kickstarter, Inc.. (Glassman, Evan) (Entered: 11/15/2013)
JOINT STIPULATION AND MODIFIED CASE MANAGEMENT PLAN AND SCHEDULING ORDER: that the Close of Expert Discovery is moved from March 21, 2014 to March 25, 2014. The parties have stipulated and agreed to this modification to the case schedule, subject to the Courts approval, in order to accommodate the schedule of Defendants expert so that his deposition may commence on March 25, 2014. (Expert Discovery due by 3/25/2014.) (Signed by Judge Katherine Polk Failla on 3/6/2014) (tn) (Entered: 03/06/2014)
ORDER: The briefing deadlines for dispositive motions in this action set out in the Courts Order of October 28, 2013 (Dkt. #28), are hereby ADJOURNED sine die. The parties are hereby ORDERED to appear for a conference on May 6, 2014, at 3:30 p.m. in Courtroom 618 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, New York. Any party seeking to file a dispositive motion should file a pre-motion letter in accordance with the Courts Individual Rules of Practice in Civil Cases by April 28, 2014. A party seeking to oppose such a motion should file a responsive letter by May 1, 2014. SO ORDERED. (Status Conference set for 5/6/2014 at 03:30 PM in Courtroom 618, 40 Centre Street, New York, NY 10007 before Judge Katherine Polk Failla.) (Signed by Judge Katherine Polk Failla on 4/8/2014) (ajs) (Entered: 04/09/2014)
LETTER addressed to Judge Katherine Polk Failla from Craig R. Smith dated April 28, 2014 re: Pre-Motion Letter Regarding Dispositive Motions. Document filed by Artistshare, Inc., Fan Funded, LLC.(Smith, Craig) (Entered: 04/28/2014)
LETTER addressed to Judge Katherine Polk Failla from Robert J. Silverman dated April 28, 2014 re: Pre-Motion Letter Regarding Kickstarters Dispositive Motions. Document filed by Kickstarter, Inc..(Ambros, Matthew) (Entered: 04/28/2014)
LETTER addressed to Judge Katherine Polk Failla from Craig R. Smith dated May 1, 2014 re: Pre-Motion Letter Regarding Dispositive Motions. Document filed by Artistshare, Inc., Fan Funded, LLC.(Smith, Craig) (Entered: 05/01/2014)
ENDORSED LETTER addressed to Judge Paul A. Crotty from Brian Camelio dated October 26, 2011 (*10/27/2011 - response from Michael J. Allan attached*) re: I am the principal of defendants ArtistShare and Fan Funded in the above-referenced matter. I am writing to you with regards to respectfully request a sixty-day extension to respond or otherwise move with respect to the claims asserted by plaintiff in this case. I am a small business and due to business commitments during the past month I was out of my office and I need time to secure legal counsel and to respond. I anticipate that this process will take another 60 days. I requested and extension from and tried to resolve this issue with counsel for the plaintiff but my request was denied. Instead, they offered a thirty-day extension. As of today, I am still in the process meeting with and interviewing counsel for this case and I anticipate that defendants will need sixty days due to the nature and complexity of the case. Thank you in advance for the Courts attention to this matter. ENDORSEMENT: The Court will grant a 60 day extension (that is until 12/25/2011) but given that date, the Court will extend the deadline to Tuesday, January 3, 2012. Defendants must appear by counsel. There will be no further extensions and a default will be taken id counsel does not appear by 1/03/2012. SO ORDERED. (Signed by Judge Paul A. Crotty on October 27, 2011) (mov) (Entered: 10/27/2011)
LETTER addressed to Judge Katherine Polk Failla from Robert J. Silverman dated May 1, 2014 re: Responsive Letter Re. Dispositive Motions. Document filed by Kickstarter, Inc..(Ambros, Matthew) (Entered: 05/01/2014)
ORDER: Plaintiffs first brief, in support of its motion for summary judgment, shall be due by June 16, 2014. This brief shall not exceed 35 pages. Defendants first brief, in support of their motion for summary judgment and opposition to Plaintiffs motion for summary judgment, shall be due by July 18, 2014. This brief shall not exceed 35 pages. Plaintiffs second brief, in opposition to Defendants motion for summary judgment and as reply in further support of its motion for summary judgment, shall be due by August 16, 2014. This brief shall not exceed 35 pages. Defendants second brief, as reply in further support of their motion for summary judgment, shall be due by September 10, 2014. This brief shall not exceed 25 pages. In a departure from the Courts Individual Rules of Practice in Civil Cases, no motion or papers associated with a motion shall be electronically filed on the docket until all motions are fully briefed on September 10, 2014. At that time and not before, the parties shall electronically file each motion and its attendant briefs and exhibits, and as further set forth in this order. (Motions due by 9/10/2014.) (Signed by Judge Katherine Polk Failla on 5/6/2014) (tn) (Entered: 05/07/2014)
TRANSCRIPT of Proceedings re: CONFERENCE held on 5/6/2014 before Judge Katherine Polk Failla. Court Reporter/Transcriber: Karen Gorlaski, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/16/2014. Redacted Transcript Deadline set for 6/26/2014. Release of Transcript Restriction set for 8/25/2014.(Rodriguez, Somari) (Entered: 05/22/2014)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 5/6/14 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(Rodriguez, Somari) (Entered: 05/22/2014)
ORDER: Accordingly, it is ORDERED that Defendants Motion to Strike the Expert Report of Ethan Mollick is hereby stricken from the record. It shall not be filed electronically along with the authorized summary judgment briefing, nor shall it be considered by the Court in deciding the parties summary judgment motions. The parties are reminded that no motions or papers associated with the parties summary judgment motions shall be electronically filed on the docket until all motions are fully briefed on September 10, 2014. (Signed by Judge Katherine Polk Failla on 7/30/2014) (tn) (Entered: 07/31/2014)
MOTION for Summary Judgment . Document filed by Kickstarter, Inc..(Lowrie, Matthew) (Entered: 09/10/2014)
MEMORANDUM OF LAW in Support re: 96 MOTION for Summary Judgment . . Document filed by Kickstarter, Inc.. (Attachments: # 1 Exhibit A)(Lowrie, Matthew) (Entered: 09/10/2014)
RULE 56.1 STATEMENT. Document filed by Kickstarter, Inc.. (Lowrie, Matthew) (Entered: 09/10/2014)
MOTION for Timothy Bickham to Appear Pro Hac Vice. Document filed by Kickstarter, Inc..(bcu) (pgu). (Entered: 11/04/2011)
MOTION for Summary Judgment NOTICE OF MOTION FOR DEFENDANTS, FAN FUNDED, LLC AND ARTISTSHARE, INC.S SUMMARY JUDGMENT. Document filed by Artistshare, Inc., Fan Funded, LLC.(Smith, Craig) (Entered: 09/10/2014)
MEMORANDUM OF LAW in Opposition re: 96 MOTION for Summary Judgment . DEFENDANTS MEMORANDUM OF LAW IN OPPOSITION TO PLAINTIFFS MOTION FOR SUMMARY JUDGMENT, AND DEFENDANTS CROSS MOTION FOR SUMMARY JUDGMENT OF PATENT VALIDITY. Document filed by Artistshare, Inc., Fan Funded, LLC. (Smith, Craig) (Entered: 09/10/2014)
RULE 56.1 STATEMENT. Document filed by Artistshare, Inc., Fan Funded, LLC. (Smith, Craig) (Entered: 09/10/2014)
COUNTER STATEMENT TO 101 Rule 56.1 Statement, 98 Rule 56.1 Statement. Document filed by Artistshare, Inc., Fan Funded, LLC. (Smith, Craig) (Entered: 09/10/2014)
MEMORANDUM OF LAW in Opposition re: 99 MOTION for Summary Judgment NOTICE OF MOTION FOR DEFENDANTS, FAN FUNDED, LLC AND ARTISTSHARE, INC.S SUMMARY JUDGMENT. PLAINTIFF KICKSTARTER, INCS MEMORANDUM OF LAW IN OPPOSITION TO DEFENDANTS MOTION FOR SUMMARY JUDGMENT, AND PLAINTIFFS REPLY IN SUPPORT OF ITS SUMMARY JUDGMENT MOTIONS. Document filed by Kickstarter, Inc.. (Attachments: # 1 Exhibit A)(Lowrie, Matthew) (Entered: 09/10/2014)
COUNTER STATEMENT TO 101 Rule 56.1 Statement. Document filed by Kickstarter, Inc.. (Lowrie, Matthew) (Entered: 09/10/2014)
REPLY MEMORANDUM OF LAW in Opposition re: 96 MOTION for Summary Judgment . DEFENDANTS REPLY MEMORANDUM OF LAW IN OPPOSITION TO PLAINTIFFS MOTION FOR SUMMARY JUDGMENT, AND IN SUPPORT OF DEFENDANTS CROSS MOTION FOR SUMMARY JUDGMENT OF PATENT VALIDITY. Document filed by Artistshare, Inc., Fan Funded, LLC. (Smith, Craig) (Entered: 09/10/2014)
COUNTER STATEMENT TO 98 Rule 56.1 Statement. Document filed by Artistshare, Inc., Fan Funded, LLC. (Smith, Craig) (Entered: 09/10/2014)
DECLARATION of Matthew Ambros & William Seymour in Support re: 99 MOTION for Summary Judgment NOTICE OF MOTION FOR DEFENDANTS, FAN FUNDED, LLC AND ARTISTSHARE, INC.S SUMMARY JUDGMENT., 96 MOTION for Summary Judgment .. Document filed by Artistshare, Inc., Kickstarter, Inc.. (Attachments: # 1 Exhibit JAX1, # 2 Exhibit JAX2.A, # 3 Exhibit JAX2.B, # 4 Exhibit JAX2.C, # 5 Exhibit JAX2.D, # 6 Exhibit JAX3, # 7 Exhibit JAX4, # 8 Exhibit JAX5, # 9 Exhibit JAX6, # 10 Exhibit JAX7.A, # 11 Exhibit JAX7.B, # 12 Exhibit JAX7.C, # 13 Exhibit JAX7.D, # 14 Exhibit JAX7.E, # 15 Exhibit JAX7.F, # 16 Errata JAX7.G, # 17 Exhibit JAX7.H, # 18 Exhibit JAX7.I, # 19 Exhibit JAX7.J, # 20 Exhibit JAX7.K, # 21 Exhibit JAX7.L, # 22 Exhibit JAX7.M, # 23 Exhibit JAX8, # 24 Exhibit JAX9, # 25 Exhibit JAX10, # 26 Exhibit JAX11, # 27 Exhibit JAX12.A, # 28 Exhibit JAX12.B, # 29 Exhibit JAX12.C, # 30 Exhibit JAX12.D, # 31 Exhibit JAX12.E, # 32 Exhibit JAX12.F, # 33 Exhibit JAX12.G, # 34 Exhibit JAX13.A, # 35 Exhibit JAX13.B, # 36 Exhibit JAX13.C, # 37 Exhibit JAX13.D, # 38 Exhibit JAX13.E, # 39 Exhibit JAX13.F, # 40 Exhibit JAX13.G, # 41 Exhibit JAX13.H, # 42 Exhibit JAX13.I, # 43 Exhibit JAX13.J, # 44 Exhibit JAX13.K, # 45 Exhibit JAX13.L, # 46 Exhibit JAX13.M, # 47 Exhibit JAX13.N, # 48 Exhibit JAX13.O, # 49 Exhibit JAX13.P, # 50 Exhibit JAX13.Q, # 51 Exhibit JAX13.R, # 52 Exhibit JAX13.S, # 53 Exhibit JAX13.T, # 54 Exhibit JAX13.U, # 55 Exhibit JAX13.V, # 56 Exhibit JAX13.W, # 57 Exhibit JAX13.X, # 58 Exhibit JAX13.Y, # 59 Exhibit JAX13.Z, # 60 Exhibit JAX13.AA, # 61 Exhibit JAX13.BB, # 62 Exhibit JAX13.CC, # 63 Exhibit JAX13.DD, # 64 Exhibit JAX13.EE, # 65 Exhibit JAX13.FF, # 66 Exhibit JAX13.GG, # 67 Exhibit JAX13.HH, # 68 Exhibit JAX13.II, # 69 Exhibit JAX13.JJ, # 70 Exhibit JAX13.KK, # 71 Exhibit JAX13.LL, # 72 Exhibit JAX13.MM, # 73 Exhibit JAX13.NN, # 74 Exhibit JAX13.OO, # 75 Exhibit JAX13.PP, # 76 Exhibit JAX14.A, # 77 Exhibit JAX14.B, # 78 Exhibit JAX14.C, # 79 Exhibit JAX14.D, # 80 Exhibit JAX14.E, # 81 Exhibit JAX15, # 82 Exhibit JAX16, # 83 Exhibit JAX17.A, # 84 Exhibit JAX17.B, # 85 Exhibit JAX17.C, # 86 Exhibit JAX18, # 87 Exhibit JAX19, # 88 Exhibit JAX20, # 89 Exhibit JAX21, # 90 Exhibit JAX22, # 91 Exhibit JAX23, # 92 Exhibit JAX24, # 93 Exhibit JAX25, # 94 Exhibit JAX26, # 95 Exhibit JAX27, # 96 Exhibit JAX28, # 97 Exhibit JAX29, # 98 Exhibit JAX30.A, # 99 Exhibit JAX30.B, # 100 Exhibit JAX30.C, # 101 Exhibit JAX30.D, # 102 Exhibit JAX31.A, # 103 Exhibit JAX31.B, # 104 Exhibit JAX31.C, # 105 Exhibit JAX31.D, # 106 Exhibit JAX31.E, # 107 Exhibit JAX31.F, # 108 Exhibit JAX31.G, # 109 Exhibit JAX31.H, # 110 Exhibit JAX32, # 111 Exhibit JAX33, # 112 Exhibit JAX34, # 113 Exhibit JAX35, # 114 Exhibit JAX36.A, # 115 Exhibit JAX36.B, # 116 Exhibit JAX36.C, # 117 Exhibit JAX36.D, # 118 Exhibit JAX36.E, # 119 Exhibit JAX36.F, # 120 Exhibit JAX37.A, # 121 Exhibit JAX37.B, # 122 Exhibit JAX37.C, # 123 Exhibit JAX37.D, # 124 Exhibit JAX37.E, # 125 Exhibit JAX38, # 126 Exhibit JAX39, # 127 Exhibit JAX40, # 128 Exhibit JAX41, # 129 Exhibit JAX42, # 130 Exhibit JAX43.A, # 131 Exhibit JAX43.B, # 132 Exhibit JAX43.C, # 133 Exhibit JAX44, # 134 Exhibit JAX45, # 135 Exhibit JAX46, # 136 Exhibit JAX47, # 137 Exhibit JAX48, # 138 Exhibit JAX49, # 139 Exhibit JAX50, # 140 Exhibit JAX51, # 141 Exhibit JAX52, # 142 Exhibit JAX53.A, # 143 Exhibit JAX53.B, # 144 Exhibit JAX53.C, # 145 Exhibit JAX54, # 146 Exhibit JAX55, # 147 Exhibit JAX56, # 148 Exhibit JAX57, # 149 Exhibit JAX58, # 150 Exhibit JAX59, # 151 Exhibit JAX60, # 152 Exhibit JAX61, # 153 Exhibit JAX62, # 154 Exhibit JAX63, # 155 Exhibit JAX64, # 156 Exhibit JAX65, # 157 Exhibit JAX66, # 158 Exhibit JAX67, # 159 Exhibit JAX68.A, # 160 Exhibit JAX68.B, # 161 Exhibit JAX69, # 162 Exhibit JAX70, # 163 Exhibit JAX71, # 164 Exhibit JAX72, # 165 Exhibit JAX73, # 166 Exhibit JAX74, # 167 Exhibit JAX75, # 168 Exhibit JAX76, # 169 Exhibit JAX77, # 170 Exhibit JAX78, # 171 Exhibit JAX79.A, # 172 Exhibit JAX79.B, # 173 Exhibit JAX79.C, # 174 Exhibit JAX80, # 175 Exhibit JAX81, # 176 Exhibit JAX82.A, # 177 Exhibit JAX82.B, # 178 Exhibit JAX82.C, # 179 Exhibit JAX82.D, # 180 Exhibit JAX83.A, # 181 Exhibit JAX83.B, # 182 Exhibit JAX83.C, # 183 Exhibit JAX83.D, # 184 Exhibit JAX84.A, # 185 Exhibit JAX84.B, # 186 Exhibit JAX84.C, # 187 Exhibit JAX84.D, # 188 Exhibit JAX85.A, # 189 Exhibit JAX85.B, # 190 Exhibit JAX85.C, # 191 Exhibit JAX85.D, # 192 Exhibit JAX86, # 193 Exhibit JAX87, # 194 Exhibit JAX88, # 195 Exhibit JAX89, # 196 Exhibit JAX90, # 197 Exhibit JAX91, # 198 Exhibit JAX92, # 199 Exhibit JAX93, # 200 Exhibit JAX94)(Lowrie, Matthew) (Entered: 09/11/2014)
ENDORSED LETTER addressed to Judge Katherine Polk Failla from Craig R. Smith dated 9/11/2014 re: ArtistShare respectfully submits that ArtistShare has shown good cause for filing information regarding the identity of its licensees and its potential licensees under seal. ENDORSEMENT: Application GRANTED. ArtistShare is hereby permitted to redact and file Exhibits 42, 45, and 46 to the Parties Joint Appendix in accordance with the proposed redactions submitted to the Court on September 11, 2014. Chambers will file the unredacted portions of the redacted exhibits under seal. (Signed by Judge Katherine Polk Failla on 9/15/2014) (tn) (Entered: 09/15/2014)
DECLARATION of MATTHEW AMBROS & WILLIAM SEYMOUR RE: SUPPLEMENTAL JOINT APPENDIX FOR DISPOSITIVE MOTIONS in Support re: 99 MOTION for Summary Judgment NOTICE OF MOTION FOR DEFENDANTS, FAN FUNDED, LLC AND ARTISTSHARE, INC.S SUMMARY JUDGMENT., 96 MOTION for Summary Judgment .. Document filed by Artistshare, Inc., Fan Funded, LLC. (Attachments: # 1 Exhibit REDACTED Exhibit JAX42, # 2 Exhibit REDACTED Exhibit JAX45, # 3 Exhibit REDACTED Exhibit JAX46)(Smith, Craig) (Entered: 09/16/2014)
OPINION AND ORDER re: 99 MOTION for Summary Judgment NOTICE OF MOTION FOR DEFENDANTS, FAN FUNDED, LLC AND ARTISTSHARE, INC.S SUMMARY JUDGMENT filed by Fan Funded, LLC, Artistshare, Inc., 96 MOTION for Summary Judgment filed by Kickstarter, Inc.: For the foregoing reasons, the 887 Patent is drawn to patent-ineligible subject matter. Plaintiffs motion for summary judgment of invalidity of the 887 Patent is GRANTED, and Defendants motion for summary judgment of validity of the 887 Patent is DENIED. The Clerk of Court is directed to terminate all pending motions, adjourn all remaining dates, and close this case. (Signed by Judge Katherine Polk Failla on 6/29/2015) (tn) (Entered: 06/29/2015)
CLERKS JUDGMENT: It is, ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Courts Opinion and Order dated June 29, 2015, for the foregoing reasons, the 887 Patent is drawn to patent-ineligible subject matter. Plaintiffs motion for summary judgment of invalidity of the 887 Patent is granted, and Defendants motion for summary judgment of validity of the 887 Patent is denied; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 06/30/2015) (Attachments: # 1 Right to Appeal, # 2 Right to Appeal)(km) (Entered: 06/30/2015)
ORDER FOR ADMISSION PRO HAC VICE granting 9 Motion for Timothy C. Bickham to Appear Pro Hac Vice as counsel for Plaintiff Kickstarter. (Signed by Judge Paul A. Crotty on 11/8/2011) (ab) (Entered: 11/08/2011)
NOTICE OF APPEARANCE by Theodore Kevin Cheng on behalf of Artistshare, Inc., Fan Funded, LLC (Cheng, Theodore) (Entered: 01/03/2012)
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Fan Funded, LLC.(Cheng, Theodore) (Entered: 01/03/2012)
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Artistshare, Inc..(Cheng, Theodore) (Entered: 01/03/2012)
NOTICE OF CHANGE OF ADDRESS by Evan Glassman on behalf of Kickstarter, Inc.. New Address: Steptoe & Johnson LLP, 1114 Avenue of the Americas, New York, New York, United States of America 10036, 212-506-3900. (Glassman, Evan) (Entered: 01/05/2012)
NOTICE OF CHANGE OF ADDRESS by Evan Glassman on behalf of Kickstarter, Inc.. New Address: Steptoe & Johnson, LLP, 1114 Avenue of the Americas, New York, New York, United States of America 10036, 212-506-3900. (Glassman, Evan) (Entered: 01/10/2012)
NOTICE OF CHANGE OF ADDRESS by Kristin Marie Darr on behalf of Kickstarter, Inc.. New Address: Steptoe & Johnson, LLP, 1114 Avenue of the Americas, New York, New York, United States of America 10036, 212-506-3900. (Darr, Kristin) (Entered: 01/10/2012)
COMPLAINT FOR DECLARATORY JDUGMENT OF PATENT INVALIDITY AND NON-INFRINGEMENT against Artistshare, Inc., Fan Funded, LLC. (Filing Fee $ 350.00.)Document filed by Kickstarter, Inc..(pl) (Entered: 10/03/2011)
NOTICE OF APPEARANCE by Stephanie Su Spangler on behalf of Artistshare, Inc., Fan Funded, LLC (Spangler, Stephanie) (Entered: 01/31/2012)
TRANSCRIPT of Proceedings re: proceedings held on 1/18/2012 before Judge Paul A. Crotty. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/27/2012. Redacted Transcript Deadline set for 3/8/2012. Release of Transcript Restriction set for 5/4/2012.(tro) (Entered: 02/01/2012)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a proceedings proceeding held on 1/18/2012 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(tro) (Entered: 02/01/2012)
MOTION to Dismiss. Document filed by Artistshare, Inc., Fan Funded, LLC. Responses due by 2/17/2012(Spangler, Stephanie) (Entered: 02/03/2012)
MEMORANDUM OF LAW in Support re: 20 MOTION to Dismiss.. Document filed by Artistshare, Inc., Fan Funded, LLC. (Spangler, Stephanie) (Entered: 02/03/2012)
DECLARATION of Brian Camelio in Support re: 20 MOTION to Dismiss.. Document filed by Artistshare, Inc., Fan Funded, LLC. (Spangler, Stephanie) (Entered: 02/03/2012)
DECLARATION of Theodore K. Cheng in Support re: 20 MOTION to Dismiss.. Document filed by Artistshare, Inc., Fan Funded, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Spangler, Stephanie) (Entered: 02/03/2012)
MEMORANDUM OF LAW in Opposition re: 20 MOTION to Dismiss.. Document filed by Kickstarter, Inc.. (Allan, Michael) (Entered: 02/17/2012)
DECLARATION of Jared Cohen in Opposition re: 20 MOTION to Dismiss.. Document filed by Kickstarter, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Allan, Michael) (Entered: 02/17/2012)
DECLARATION of Michael J. Allan in Opposition re: 20 MOTION to Dismiss.. Document filed by Kickstarter, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Allan, Michael) (Entered: 02/17/2012)
REPLY MEMORANDUM OF LAW in Support re: 20 MOTION to Dismiss.. Document filed by Artistshare, Inc., Fan Funded, LLC. (Spangler, Stephanie) (Entered: 02/24/2012)
DECLARATION of Brian Camelio in Support re: 20 MOTION to Dismiss.. Document filed by Artistshare, Inc., Fan Funded, LLC. (Spangler, Stephanie) (Entered: 02/24/2012)
OPINION & ORDER: re: #101707 20 MOTION to Dismiss. filed by Fan Funded, LLC, Artistshare, Inc. There is a sufficient controversy between the parties that is both immediate and real.Accordingly, Defendants motion to dismiss the declaratory judgment action is DENIED. The Clerk of the Court is directed to close this motion. The parties are directed to meet and confer and to submit a civil case management plan.. (Signed by Judge Paul A. Crotty on 4/10/2012) (pl) Modified on 4/10/2012 (pl). Modified on 4/20/2012 (jab). (Entered: 04/10/2012)
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