1:14-cv-09583 - Disk Authoring Technologies LLC v. Corel CorpReport Error
Detail
Case Number
1:14-cv-09583Current Status
closedCause of Action
Infringement
Related Case(s)
N/ACourt
New York Southern District CourtPlaintiff(s)
Disk Authoring Technologies LLC
NPE (Patent Assertion Entity)Defendant(s)
Corel Corp
Judge
Katherine B. ForrestFiling Date
2014-12-04Termination Date
2015-09-15Dockets
Text |
---|
UPDATED CIVIL DOCKET |
Terminate Transcript Deadlines (lmb) (Entered: 09/15/2015) |
ANSWER to 22 Counterclaim. Document filed by Disk Authoring Technologies LLC.(Kheyfits, Dmitriy) (Entered: 03/19/2015) |
AMENDED ANSWER to 1 Complaint with JURY DEMAND., COUNTERCLAIM against Disk Authoring Technologies LLC. Document filed by Corel Corporation. (Rutherford, Keith) (Entered: 03/24/2015) |
LETTER addressed to Judge Katherine B. Forrest from DISK AUTHORING TECHNOLOGIES LLC AND COREL CORPORATION dated 03/26/2015 re: SUBMISSION OF PROPOSED SCHEDULING ORDER. Document filed by Corel Corporation, Disk Authoring Technologies LLC. (Attachments: # 1 Text of Proposed Order PATENT SCHEDULING ORDER)(Kheyfits, Dmitriy) (Entered: 03/26/2015) |
ANSWER to 24 Counterclaim. Document filed by Disk Authoring Technologies LLC.(Kheyfits, Dmitriy) (Entered: 04/02/2015) |
INITIAL REPORT OF PARTIES BEFORE PRETRIAL CONFERENCE. Document filed by Corel Corporation, Disk Authoring Technologies LLC.(Kheyfits, Dmitriy) (Entered: 04/02/2015) |
ORDER: The Court held an initial pretrial conference ("IPTC") in this action on April 3, 2015. As stated at the IPTC, the following briefing schedule shall govern defendants motion as to its license defense with respect to the Corel Video Studio, Corel Photo Video Studio, and Corel DVD MovieFactory products: 1. Defendant shall file the motion not later than May 18, 2015. 2. Plaintiff shall file any opposition not later than June 18, 2015. 3. Defendant shall file any reply not later than July 3, 2015. The Court will resolve this motion within 30 days after it becomes fully briefed, with a written decision to follow. (Motions due by 5/18/2015. Responses due by 6/18/2015, Replies due by 7/3/2015.) (Signed by Judge Katherine B. Forrest on 4/3/2015) (kko) (Entered: 04/03/2015) |
SCHEDULING ORDER FOR A PATENT CASE: Set of purported license agreement products under dispute: DVD movie factory, corel photo studio and corel video studio. Trial will be before a jury. The parties shall appear for a Markman hearing on 9/25/15 at 9am. Trial in this matter shall commence on March 7, 2016. Motions due by 12/18/2015. Responses due by 1/15/2016. Replies due by 1/25/2016. Fact Discovery due by 10/15/2015. Expert Discovery due by 12/18/2015. Final Pretrial Conference set for 3/2/2016 at 12:00 PM before Judge Katherine B. Forrest. Telephonic Status Conference set for 6/26/2015 at 09:00 AM before Judge Katherine B. Forrest. Pretrial Order due by 2/26/2016. (Signed by Judge Katherine B. Forrest on 4/3/2015) (lmb) Modified on 4/3/2015 (lmb). Modified on 4/6/2015 (lmb). (Entered: 04/03/2015) |
LETTER MOTION for Extension of Time to File Defendants Motion for License Defense addressed to Judge Katherine B. Forrest from Keith A. Rutherford dated May 13, 2015. Document filed by Corel Corporation.(Rutherford, Keith) (Entered: 05/13/2015) |
ORDER granting 30 Letter Motion for Extension of Time to File. Application granted. (Signed by Judge Katherine B. Forrest on 5/14/2015) (lmb) (Entered: 05/14/2015) |
JOINT MOTION for Protective Order . Document filed by Corel Corporation, Disk Authoring Technologies LLC. (Attachments: # 1 Exhibit A)(Kheyfits, Dmitriy) (Entered: 05/26/2015) |
NOTICE of of Motion. Document filed by Corel Corporation. (Rutherford, Keith) (Entered: 05/26/2015) |
AGREED PROTECTIVE ORDER REGARDING THE DISCLOSURE AND USE OF DISCOVERY MATERIALS...regarding procedures to be followed that shall govern the handling of confidential material..., Motions terminated: 32 JOINT MOTION for Protective Order . filed by Corel Corporation, Disk Authoring Technologies LLC. (Signed by Judge Katherine B. Forrest on 5/27/2015) (lmb) (Entered: 05/29/2015) |
FILING ERROR - CORPORATE PARENT/OTHER AFFILIATE NOT ADDED - SUPPLEMENTAL RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Disk Authoring Technologies LLC. (Attachments: # 1 Exhibit A)(Kheyfits, Dmitriy) Modified on 12/9/2014 (lb). (Entered: 12/08/2014) |
LETTER MOTION for Extension of Time to File License Defense Briefing addressed to Judge Katherine B. Forrest from Keith A. Rutherford dated June 1, 2015. Document filed by Corel Corporation.(Rutherford, Keith) (Entered: 06/01/2015) |
ORDER granting 35 Letter Motion for Extension of Time to File. So ordered. (Signed by Judge Katherine B. Forrest on 6/1/2015) (lmb) (Entered: 06/01/2015) |
ORDER GRANTING DEFENDANT COREL CORP.S MOTION FOR LEAVE TO FILE UNDER SEAL MEMORANDUM IN SUPPORT OF COREL CORP.S MOTION FO PARTIAL SUMMARY JUDGMENT ON ITS LICENSE DEFENSE: The Court hereby GRANTS Defendant Corel Corp.s Motion for Leave to File Under Seal Memorandum In Support of Corel Corp.s Motion for Partial Summary Judgment on its License Defense. And as set forth herein. SO ORDERED. (Signed by Judge Katherine B. Forrest on 6/01/2015) (ama) (Entered: 06/01/2015) |
ORDER: In light of the Courts schedule, the telephonic status conference currently set for June 26, 2015, at 9 a.m. is hereby rescheduled to June 24, 2015, at 8:30 a.m. The parties shall call Chambers (212-805-0276) from one line at that time. ( Telephone Conference set for 6/24/2015 at 08:30 AM before Judge Katherine B. Forrest.) (Signed by Judge Katherine B. Forrest on 6/10/2015) (mro) (Entered: 06/11/2015) |
ORDER: The telephonic status conference currently set for June 24, 2015, at 8:30 a.m. is hereby rescheduled to 2 p.m. on the same day. The parties shall call Chambers (212-805-0276) from one line at that time., ( Telephone Conference set for 6/24/2015 at 02:00 PM before Judge Katherine B. Forrest.) (Signed by Judge Katherine B. Forrest on 6/15/2015) (lmb) (Entered: 06/15/2015) |
NOTICE OF CHANGE OF ADDRESS by Ngoc Linh Bui on behalf of Corel Corporation. New Address: Blank Rome LLP, 717 Texas Avenue, Suite 1400, Houston, TX, USA 77002, 713.228.6601. (Bui, Ngoc) (Entered: 06/24/2015) |
NOTICE OF CHANGE OF ADDRESS by Stephen Eugene Edwards on behalf of Corel Corporation. New Address: Blank Rome LLP, 717 Texas Avenue, Suite 1400, Houston, TX, USA 77002, 713.228.6601. (Edwards, Stephen) (Entered: 06/24/2015) |
NOTICE OF CHANGE OF ADDRESS by Domingo Manuel Llagostera on behalf of Corel Corporation. New Address: Blank Rome LLP, 717 Texas Avenue, Suite 1400, Houston, TX, USA 77002, 713.228.6601. (Llagostera, Domingo) (Entered: 06/24/2015) |
NOTICE OF CHANGE OF ADDRESS by Keith Alan Rutherford on behalf of Corel Corporation. New Address: Blank Rome LLP, 717 Texas Avenue, Suite 1400, Houston, TX, USA 77002, 713.228.6601. (Rutherford, Keith) (Entered: 06/24/2015) |
ORDER: The Court held a telephonic status conference in this action on June 24, 2015. A telephonic conference is set for Wednesday, July 29, 2015, at 2 p.m. The agenda for this conference shall be the format of the September Markman. The parties shall call Chambers (212-805-0276) from one line at that time., ( Telephone Conference set for 7/29/2015 at 02:00 PM before Judge Katherine B. Forrest.) (Signed by Judge Katherine B. Forrest on 6/25/2015) (lmb) (Entered: 06/25/2015) |
TRANSCRIPT of Proceedings re: conference held on 4/3/2015 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Jerry Harrison, (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 7/27/2015. Redacted Transcript Deadline set for 8/6/2015. Release of Transcript Restriction set for 10/2/2015.(McGuirk, Kelly) (Entered: 07/01/2015) |
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 4/30/2015 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: 07/01/2015) |
JOINT CLAIM CONSTRUCTION STATEMENT. Document filed by Corel Corporation, Disk Authoring Technologies LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Kheyfits, Dmitriy) (Entered: 07/08/2015) |
ENDORSED LETTER addressed to Judge Katherine B. Forrest from Dmitry Kheyfits dated 7/14/2015 re: Plaintiff respectfully moves the Court for an order compelling Defendant Corel Corporation to produce documents, data, and email communications. ENDORSEMENT: Ordered. This letter does not need to be under seal. It is therefore, and hereby, unsealed. Corel shall respond per this Courts Indiv. Rules governing discovery disputes (such response shall also not be filed under seal.) (Signed by Judge Katherine B. Forrest on 7/15/2015) (kko) (Entered: 07/15/2015) |
NOTICE OF APPEARANCE by Martin Simon Krezalek on behalf of Corel Corporation. (Krezalek, Martin) (Entered: 07/15/2015) |
LETTER addressed to Judge Katherine B. Forrest from Keith A. Rutherford dated July 17, 2015 re: Response to Motion to Compel (Dkt No 50). Document filed by Corel Corporation. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Rutherford, Keith) (Entered: 07/17/2015) |
SUPPLEMENTAL RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Kamatani Technologies LLC, Other Affiliate General Patent Corporation for Disk Authoring Technologies LLC. Document filed by Disk Authoring Technologies LLC. (Attachments: # 1 Exhibit A)(Kheyfits, Dmitriy) (Entered: 12/10/2014) |
MEMO ENDORSEMENT on re: 53 Letter re: Response to Motion to Compel (Dkt No 50), filed by Corel Corporation. ENDORSEMENT: Motion to Compel DENIED as it precedes any serious meet and confer. DAT may renew, as appropriate, following a real meet and confer process. (Signed by Judge Katherine B. Forrest on 7/21/2015) (kko) (Entered: 07/21/2015) |
BRIEF PLAINTIFFS OPENING BRIEF ON CLAIM CONSTRUCTION. Document filed by Disk Authoring Technologies LLC.(Kheyfits, Dmitry) (Entered: 07/28/2015) |
OATH of DENNIS G. HOWE Declaration of Dennis G. Howe In Support of Plaintiffs Opening Brief on Claim Construction. Document filed by Disk Authoring Technologies LLC. (Attachments: # 1 Appendix A)(Kheyfits, Dmitry) (Entered: 07/28/2015) |
OATH of DMITRY KHEYFITS DECLARATION OF DMITRY KHEYFITS IN SUPPORT OF PLAINTIFFS OPENING BRIEF ON CLAIM CONSTRUCTION. Document filed by Disk Authoring Technologies LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7-1, # 8 Exhibit 7-2, # 9 Exhibit 8-1, # 10 Exhibit 8-2, # 11 Exhibit 9-1, # 12 Exhibit 9-2, # 13 Exhibit 10-1, # 14 Exhibit 10-2, # 15 Exhibit 11-1, # 16 Exhibit 11-2, # 17 Exhibit 12-1, # 18 Exhibit 12-2, # 19 Exhibit 12-3, # 20 Exhibit 13, # 21 Exhibit 14, # 22 Exhibit 15, # 23 Exhibit 16, # 24 Exhibit 17, # 25 Exhibit 18, # 26 Exhibit 19)(Kheyfits, Dmitry) (Entered: 07/28/2015) |
ORDER: The Court held a telephonic status conference in this action on July 29, 2015. As stated at the conference: 1. The Court will resolve defendants licensing motion as soon as practicable. 2. The claim construction briefing schedule is extended as follows: a. Defendants opposition shall be filed not later than August 21, 2015. b. Plaintiffs reply shall be filed not later than August 28, 2015. 3. The Court has reserved a full day for the September 25, 2015 Markman. The Markman shall proceed on the following schedule: 9 a.m.9:45 a.m.: direct examination of plaintiffs expert ("tutorial" questions and answers; the declaration will otherwise already be in evidence and need not be repeated); 9:45 a.m.10:30 a.m.: cross-examination of plaintiffs expert on the tutorial and/or declaration; 10:30 a.m.10:50 a.m.: re-direct of plaintiffs expert; 10:50 a.m.11 a.m.: mid-morning break; 11 a.m.11:45 a.m.: direct examination of defendants expert; 11:45 a.m.12:30 p.m.: cross-examination of defendants expert; 12:30 p.m.12:50 p.m.: re-direct of defendants expert; 12:50 p.m.2 p.m.: lunch break; 2 p.m.3:30 p.m.: claim construction oral argument; 3:30 p.m.3:45 p.m.: mid-afternnon break; 3:45 p.m.5 p.m.: continuation of claim construction oral argument. The Court will take the experts declarations as their direct testimony. The Court expects to receive any tutorials and demonstrative slides at least one week in advance of the Markman. ( Responses due by 8/21/2015, Replies due by 8/28/2015.) (Signed by Judge Katherine B. Forrest on 7/31/2015) (mro) (Entered: 07/31/2015) |
ORDER: The Court has e-mailed to the parties an Opinion & Order resolving defendants licensing motion. Given that the contracts pertinent to defendants motion are relatively old, the Court believes that it is appropriate to file this Opinion & Order on the public docket. The Court will do so in 24 hours unless it receives an objection from any party. Any objecting party must set forth specific business reasons why the Opinion & Order should not be filed on the public docket. Any objection must be accompanied by a proposed redacted version of the Opinion & Order-with the minimal redactions necessary to achieve the stated purpose. (Signed by Judge Katherine B. Forrest on 8/5/2015) (lmb) (Entered: 08/05/2015) |
OPINION & ORDER. For the reasons set forth below, defendants motion is GRANTED as to the licensing issue with respect to both products, GRANTED as to the scope issue with respect to the DVD MovieFactory product, and DENIED as to the scope issue with respect to the VideoStudio product. (As further set forth in this Order) (Signed by Judge Katherine B. Forrest on 8/5/2015) (lmb) (Entered: 08/07/2015) |
OPPOSITION BRIEF Claim Construction,. Document filed by Corel Corporation. (Attachments: # 1 Exhibit 1. Howe excerpts, # 2 Declaration of Armbrust, # 3 Declaration of Linh Bui, # 4 Exhibit A, # 5 Exhibit B, # 6 Exhibit C, # 7 Exhibit D, # 8 Exhibit E, # 9 Exhibit F, # 10 Exhibit G, # 11 Exhibit H, # 12 Exhibit I, # 13 Exhibit J)(Rutherford, Keith) (Entered: 08/22/2015) |
BRIEF Plaintiffs Reply Brief on Claim Construction. Document filed by Disk Authoring Technologies LLC.(Kheyfits, Dmitry) (Entered: 08/28/2015) |
NOTICE of of Motion for Reconsideratioon of the Courts Opinion and Order re: 61 Memorandum & Opinion,. Document filed by Corel Corporation. (Rutherford, Keith) (Entered: 09/04/2015) |
FIRST MOTION for Reconsideration re; 61 Memorandum & Opinion, ECF No. 61. Document filed by Corel Corporation.(Rutherford, Keith) (Entered: 09/04/2015) |
MEMO ENDORSEMENT denying 65 Motion for Reconsideration. ENDORSEMENT: This is a motion for reconsideration governed by Rule 6.3 (Local Rule). It is not a proper motion under Rule 59(e). The motion is therefore DENIED without consideration of its merits as untimely. (Signed by Judge Katherine B. Forrest on 9/8/2015) (lmb) (Entered: 09/09/2015) |
LETTER addressed to Judge Katherine B. Forrest from Keith A. Rutherford dated September 10, 2015 re: Courts denial of Corels Motion (ECF No. 66). Document filed by Corel Corporation.(Rutherford, Keith) (Entered: 09/10/2015) |
JOINT LETTER addressed to Judge Katherine B. Forrest from PARTIES dated 2015-09-14 re: SETTLEMENT AND STAY OF UPCOMING DEADLINES. Document filed by Corel Corporation, Disk Authoring Technologies LLC.(Kheyfits, Dmitry) (Entered: 09/14/2015) |
ORDER: On September 14, 2015, the parties informed the Court that they have reached a settlement in principle. Accordingly, this action is discontinued without costs to any party and without prejudice to restore the action to this Courts calendar if such an application is made not later than Wednesday, October 14, 2015. All other dates and deadlines in this matter are ADJOURNED. The Clerk of Court is directed to terminate this action., ( Motions due by 10/14/2015.) (Signed by Judge Katherine B. Forrest on 9/15/2015) (lmb) (Entered: 09/15/2015) |
MOTION for Keith Alan Rutherford to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10469772. Motion and supporting papers to be reviewed by Clerk`s Office staff. Document filed by Corel Corporation. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit Certificate of Good Standing)(Rutherford, Keith) (Entered: 01/07/2015) |
AO 120 FORM PATENT - CASE TERMINATED - SUBMITTED. In compliance with the provisions of 35 U.S.C. 290, the Director of the U.S. Patent and Trademark Office is hereby advised that a final decision was rendered on 9/15/2015 in a court action filed on the following patent(s) in the U.S. District Court Southern District of New York. Director of the U.S. Patent and Trademark Office electronically notified via Notice of Electronic Filing (NEF). (Attachments: # 1 order) (lmb) (Entered: 09/15/2015) |
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Corel Corporation.(Rutherford, Keith) (Entered: 01/07/2015) |
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Stephen Eugene Edwards to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10469906. Motion and supporting papers to be reviewed by Clerks Office staff. Document filed by Corel Corporation. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit Certificate of Good Standing)(Edwards, Stephen) Modified on 1/8/2015 (wb). (Entered: 01/07/2015) |
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Ngoc Linh Bui to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10469955. Motion and supporting papers to be reviewed by Clerks Office staff. Document filed by Corel Corporation. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit Certificate of Good Standing)(Bui, Ngoc) Modified on 1/8/2015 (wb). (Entered: 01/07/2015) |
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Domingo Manuel LLagostera to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10470011. Motion and supporting papers to be reviewed by Clerks Office staff. Document filed by Corel Corporation. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit Certificate of Good Standing)(Llagostera, Domingo) Modified on 1/8/2015 (wb). (Entered: 01/07/2015) |
AMENDED MOTION for Keith Alan Rutherford to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk`s Office staff. Document filed by Corel Corporation. (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Good Standing)(Rutherford, Keith) (Entered: 01/12/2015) |
AMENDED MOTION for Stephen Eugene Edwards to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk`s Office staff. Document filed by Corel Corporation. (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Good Standing)(Edwards, Stephen) (Entered: 01/12/2015) |
COMPLAINT against Corel Corporation. (Filing Fee $350.00, Receipt Number 465401111240) Document filed by Disk Authoring Technologies LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B) (lnl) (Entered: 12/05/2014) |
AMENDED MOTION for Domingo Manuel LLagostera to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk`s Office staff. Document filed by Corel Corporation. (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Good Standing)(Llagostera, Domingo) (Entered: 01/12/2015) |
AMENDED MOTION for Ngoc Linh Bui to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk`s Office staff. Document filed by Corel Corporation. (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Good Standing)(Bui, Ngoc) (Entered: 01/12/2015) |
LETTER MOTION for Extension of Time to File Answer re: 1 Complaint addressed to Judge Kenneth M. Karas from Keith A. Rutherford dated January 26, 2015. Document filed by Corel Corporation.(Rutherford, Keith) (Entered: 01/26/2015) |
CIVIL COVER SHEET filed. (lnl) (Entered: 12/05/2014) |
MEMO ENDORSEMENT granting 18 LETTER MOTION for Extension of Time to File Answer re: 1 Complaint addressed to Judge Kenneth M. Karas from Keith A. Rutherford dated January 26, 2015. ENDORSEMENT: Granted. SO ORDERED. Corel Corporation answer due 3/12/2015. (Signed by Judge Kenneth M. Karas on 2/18/2015) (lnl) (Entered: 02/18/2015) |
ORDER: This case has been reassigned to the undersigned. It is hereby ORDERED that: 1. Lead counsel for all parties shall appear for an initial pretrial conference ("IPTC") on Friday, April 3, 2015, at 1 p.m. as further set forth in this order. Initial Conference set for 4/3/2015 at 01:00 PM before Judge Katherine B. Forrest. (Signed by Judge Katherine B. Forrest on 3/3/2015) (lmb) Modified on 3/3/2015 (lmb). (Entered: 03/03/2015) |
CERTIFICATE OF SERVICE. Corel Corporation served on 1/5/2015, answer due 3/12/2015. Service was accepted by PATRICIA WHAIS. Document filed by Disk Authoring Technologies LLC. (Kheyfits, Dmitriy) (Entered: 03/05/2015) |
ANSWER to 1 Complaint with JURY DEMAND., COUNTERCLAIM against Disk Authoring Technologies LLC. Document filed by Corel Corporation.(Rutherford, Keith) (Entered: 03/12/2015) |
Timeline
filed_date
closed_date
Dec
2015
Feb
Mar
Apr
May
Jun
Jul
Aug
Sep
Oct
Nov
Dec
2016
Feb
Mar
Apr
May
Jun
Jul
Aug
Sep
Oct
Nov
Dec
2017
Feb
Mar
Apr
May
Jun
Jul
Aug
Sep
Oct
Nov
Patents In Case