3:16-cv-02185 - BlackBerry Ltd v. Avaya IncReport Error
Detail
Case Number
3:16-cv-02185Current Status
closedCause of Action
Infringement
Related Case(s)
N/ACourt
Texas Northern District CourtPlaintiff(s)
BlackBerry Ltd
Operating CompanyDefendant(s)
Avaya Inc
Judge
Barbara M.G. LynnFiling Date
2016-07-27Termination Date
2018-02-23Dockets
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| CIVIL DOCKET |
| UPDATED CIVIL DOCKET |
| Case reassigned to Chief Judge Barbara M.G. Lynn per SO 3-287. Senior Judge A. Joe Fish no longer assigned to the case. (gmg) (Entered: 07/28/2016) |
| COMPLAINT WITH JURY DEMAND against Avaya Inc filed by Blackberry Limited, Blackberry Corporation. (Filing fee $400; Receipt number 0539-7757585) Clerk to issue summons(es). In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the Judges Copy Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: # 1 Cover Sheet, # 2 Exhibit(s) A-E, # 3 Exhibit(s) F-J, # 4 Exhibit(s) K-N, # 5 Exhibit(s) O-R, # 6 Exhibit(s) S-!, # 7 Exhibit(s) S-2, # 8 Exhibit(s) S-3, # 9 Exhibit(s) S-4, # 10 Exhibit(s) S-5, # 11 Exhibit(s) S-6, # 12 Exhibit(s) T, # 13 Exhibit(s) U-V, # 14 Exhibit(s) W-X) (Carter, E) (Entered: 07/27/2016) |
| Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney James Asperger (Filing fee $25; Receipt number 0539-7771540) filed by Blackberry Corporation, Blackberry Limited (Attachments: # 1 Additional Page(s) Certificate of Good Standing, # 2 Proposed Order Proposed Order) (Carter, E) (Entered: 08/03/2016) |
| Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Nicholas Leefer (Filing fee $25; Receipt number 0539-7771584) filed by Blackberry Corporation, Blackberry Limited (Attachments: # 1 Additional Page(s) Certificate of Good Standing, # 2 Proposed Order Proposed Order) (Carter, E) (Entered: 08/03/2016) |
| Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Iman Lordgooei (Filing fee $25; Receipt number 0539-7771621) filed by Blackberry Corporation, Blackberry Limited (Attachments: # 1 Additional Page(s) Certificate of Good Standing, # 2 Additional Page(s) Proposed Order) (Carter, E) (Entered: 08/03/2016) |
| Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Antonio Sistos (Filing fee $25; Receipt number 0539-7771656) filed by Blackberry Corporation, Blackberry Limited (Attachments: # 1 Additional Page(s) Certificate of Good Standing, # 2 Proposed Order Proposed Order) (Carter, E) (Entered: 08/03/2016) |
| Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Victoria Maroulis (Filing fee $25; Receipt number 0539-7807732) filed by Blackberry Corporation, Blackberry Limited (Attachments: # 1 Additional Page(s) Cert of Good Standing, # 2 Proposed Order) (Carter, E) (Entered: 08/18/2016) |
| Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Ray R. Zado (Filing fee $25; Receipt number 0539-7807817) filed by Blackberry Corporation, Blackberry Limited (Attachments: # 1 Additional Page(s) Certificate of Good Standing, # 2 Proposed Order) (Carter, E) (Entered: 08/18/2016) |
| Unopposed Motion for Extension of Time to File Answer , Move or Respond to Complaint filed by Avaya Inc (Attachments: # 1 Proposed Order)Attorney Jon G Shepherd added to party Avaya Inc(pty:dft) (Shepherd, Jon) (Entered: 08/23/2016) |
| Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Patrick T. Burns (Filing fee $25; Receipt number 0539-7820775) filed by Blackberry Corporation, Blackberry Limited (Attachments: # 1 Additional Page(s) Certificate of Good Standing, # 2 Proposed Order Proposed Order) (Carter, E) (Entered: 08/24/2016) |
| Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Kevin P.B. Johnson (Filing fee $25; Receipt number 0539-7821160) filed by Blackberry Corporation, Blackberry Limited (Attachments: # 1 Additional Page(s) Certificate of Good Standing, # 2 Proposed Order Proposed Order) (Carter, E) (Entered: 08/24/2016) |
| Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Joshua C. Krumholz (Filing fee $25; Receipt number 0539-7825146) filed by Avaya Inc (Attachments: # 1 Exhibit(s) Cert of Good Standing, # 2 Proposed Order) (Shepherd, Jon) (Entered: 08/25/2016) |
| Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $25; Receipt number 0539-7834607) filed by Avaya Inc (Attachments: # 1 Certificate of Good Standing, # 2 Proposed Order)Attorney Samuel L Spital added to party Avaya Inc(pty:dft) (Spital, Samuel) (Entered: 08/31/2016) |
| Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $25; Receipt number 0539-7838003) filed by Avaya Inc (Attachments: # 1 Certificate of Good Standing, # 2 Proposed Order)Attorney Merri C Moken added to party Avaya Inc(pty:dft) (Moken, Merri) (Entered: 09/01/2016) |
| Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Benjamin M. Stern (Filing fee $25; Receipt number 0539-7846315) filed by Avaya Inc (Attachments: # 1 Exhibit(s) 1 - COGS, # 2 Proposed Order) (Shepherd, Jon) (Entered: 09/06/2016) |
| Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $25; Receipt number 0539-7851183) filed by Avaya Inc (Attachments: # 1 Certificate of Good Standing, # 2 Proposed Order)Attorney Michael B Eisenberg added to party Avaya Inc(pty:dft) (Eisenberg, Michael) (Entered: 09/08/2016) |
| MOTION to Dismiss Plaintiffs Indirect Infringement and Willfulness Claims filed by Avaya Inc (Attachments: # 1 Proposed Order) (Shepherd, Jon) (Entered: 09/21/2016) |
| MOTION to Transfer Case out of District/Division filed by Avaya Inc (Attachments: # 1 Proposed Order) (Shepherd, Jon) (Entered: 10/05/2016) |
| RESPONSE filed by Blackberry Corporation, Blackberry Limited re: 38 MOTION to Dismiss Plaintiffs Indirect Infringement and Willfulness Claims (Attachments: # 1 Proposed Order) (Torkelson, John) (Entered: 10/12/2016) |
| RESPONSE filed by Blackberry Corporation, Blackberry Limited re: 42 MOTION to Transfer Case out of District/Division (Attachments: # 1 Proposed Order) (Lordgooei, Iman) (Entered: 10/26/2016) |
| SUGGESTION OF BANKRUPTCY Upon the Record and Automatic Stay of Proceedings by Avaya Inc. (Attachments: # 1 Exhibit(s) Voluntary Petition) (Shepherd, Jon) (Entered: 01/20/2017) |
| NOTICE of Order of Bankruptcy Court Partially Lifting Automatic Stay filed by Blackberry Corporation, Blackberry Limited (Attachments: # 1 Exhibit(s) Order of Bankruptcy Court Partially Lifting Automatic Stay) (Torkelson, John) (Entered: 05/02/2017) |
| MOTION Supplement Appendix re 44 Appendix in Support filed by Avaya Inc (Attachments: # 1 Declaration(s), # 2 Proposed Order) (Shepherd, Jon) (Entered: 09/26/2017) |
| RESPONSE filed by Blackberry Corporation, Blackberry Limited re: 56 MOTION Supplement Appendix re 44 Appendix in Support (Attachments: # 1 Proposed Order) (Lordgooei, Iman) (Entered: 09/27/2017) |
| AMENDED COMPLAINT WITH JURY DEMAND PLAINTIFFS FIRST AMENDED AND SUPPLEMENTAL COMPLAINT FOR PATENT INFRINGEMENT against Avaya Inc filed by Blackberry Limited, Blackberry Corporation. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: # 1 Exhibit(s) A, # 2 Exhibit(s) B, # 3 Exhibit(s) C, # 4 Exhibit(s) D, # 5 Exhibit(s) E, # 6 Exhibit(s) F, # 7 Exhibit(s) G, # 8 Exhibit(s) H, # 9 Exhibit(s) I, # 10 Exhibit(s) J, # 11 Exhibit(s) K, # 12 Exhibit(s) L, # 13 Exhibit(s) M, # 14 Exhibit(s) N, # 15 Exhibit(s) O, # 16 Exhibit(s) P, # 17 Exhibit(s) Q, # 18 Exhibit(s) R, # 19 Exhibit(s) S-1, # 20 Exhibit(s) S-2, # 21 Exhibit(s) T-1, # 22 Exhibit(s) T-2, # 23 Exhibit(s) T-3, # 24 Exhibit(s) U, # 25 Exhibit(s) V, # 26 Exhibit(s) W, # 27 Exhibit(s) X, # 28 Exhibit(s) Y, # 29 Exhibit(s) Z, # 30 Exhibit(s) AA, # 31 Exhibit(s) BB, # 32 Exhibit(s) CC, # 33 Exhibit(s) DD) (Torkelson, John) (Entered: 10/19/2017) |
| MOTION to Substitute Attorney, added attorney Jon G Shepherd,Robert S Hill for Avaya Inc. Motion filed by Avaya Inc (Attachments: # 1 Proposed Order Motion to Substitute Counsel) (Shepherd, Jon) (Entered: 12/06/2017) |
| Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Noah F. Webster (Filing fee $25; Receipt number 0539-8874415) filed by Blackberry Corporation, Blackberry Limited (Attachments: # 1 Exhibit(s) Certificate of Good Standing, # 2 Proposed Order) (Torkelson, John) (Entered: 12/19/2017) |
| Joint STIPULATION OF DISMISSAL by Blackberry Corporation, Blackberry Limited. (Attachments: # 1 Proposed Order) (Lordgooei, Iman) (Entered: 02/23/2018) |
| CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Blackberry Corporation, Blackberry Limited. (Carter, E) (Entered: 07/27/2016) |
| New Case Notes: A filing fee has been paid. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Toliver). Clerk to provide copy to plaintiff if not received electronically. (ran) (Entered: 07/28/2016) |
| Summons Issued as to Avaya Inc. (ran) (Main Document 4 replaced on 7/28/2016) (ran). (Entered: 07/28/2016) |
| Report to Patent/Trademark Office of Initiating Document. Form AO 120 e-mailed to notice_of_suit@uspto.gov. (ran) (Main Document 5 replaced on 7/28/2016) (ran). (Entered: 07/28/2016) |
| Request for Clerk to issue Summons filed by Blackberry Corporation, Blackberry Limited. (Torkelson, John) (Entered: 07/29/2016) |
| Summons Reissued as to Avaya Inc. (ran) (Entered: 07/29/2016) |
| SUMMONS Returned Executed as to Avaya Inc, served on 8/2/2016. (epm) (Entered: 08/04/2016) |
| ORDER granting 22 Unopposed Motion for Extension of Time in Which to Answer, Move, or Respond to Plaintiffs 1 Complaint. Avaya Inc answer due 9/21/2016. (Ordered by Chief Judge Barbara M.G. Lynn on 8/24/2016) (ykp) (Entered: 08/24/2016) |
| Brief/Memorandum in Support filed by Avaya Inc re 38 MOTION to Dismiss Plaintiffs Indirect Infringement and Willfulness Claims (Shepherd, Jon) (Entered: 09/21/2016) |
| Appendix in Support filed by Avaya Inc re 39 Brief/Memorandum in Support of Motion, 38 MOTION to Dismiss Plaintiffs Indirect Infringement and Willfulness Claims (Shepherd, Jon) (Entered: 09/21/2016) |
| CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Avaya Inc. (Shepherd, Jon) (Entered: 09/21/2016) |
| Brief/Memorandum in Support filed by Avaya Inc re 42 MOTION to Transfer Case out of District/Division (Shepherd, Jon) (Entered: 10/05/2016) |
| Appendix in Support filed by Avaya Inc re 42 MOTION to Transfer Case out of District/Division (Shepherd, Jon) (Entered: 10/05/2016) |
| REPLY filed by Avaya Inc re: 38 MOTION to Dismiss Plaintiffs Indirect Infringement and Willfulness Claims (Shepherd, Jon) (Entered: 10/26/2016) |
| Appendix in Support filed by Blackberry Corporation, Blackberry Limited re 47 Response/Objection to Avaya Motion to Transfer (Lordgooei, Iman) (Entered: 10/26/2016) |
| REPLY filed by Avaya Inc re: 42 MOTION to Transfer Case out of District/Division (Shepherd, Jon) (Entered: 11/09/2016) |
| ORDER: Pursuant to the automatic stay provision under 11 U.S.C. § 362(a), this Court STAYS all proceedings in this matter. (Ordered by Chief Judge Barbara M.G. Lynn on 1/24/2017) (twd) (Entered: 01/24/2017) |
| NOTICE of Withdrawal of Counsel filed by Avaya Inc (Spital, Samuel) (Entered: 07/11/2017) |
| ORDER: Oral Argument set for 9/28/2017 09:30 AM in US Courthouse, Courtroom 1570, 1100 Commerce St., Dallas, TX 75242-1310 before Chief Judge Barbara M.G. Lynn. re: 38 MOTION to Dismiss Plaintiffs Indirect Infringement and Willfulness Claims, and 42 MOTION to Transfer Venue. (Ordered by Chief Judge Barbara M.G. Lynn on 8/28/2017) (axm) (Entered: 08/28/2017) |
| NOTICE of Attorney Appearance by E Leon Carter for Noah F. Webster on behalf of Blackberry Corporation, Blackberry Limited. (Carter, E) (Entered: 09/08/2017) |
| MEMORANDUM OPINION AND ORDER: Defendants Motion to Transfer Venue 42 and Motion to Supplement Appendix 56 are DENIED. (Ordered by Chief Judge Barbara M.G. Lynn on 10/10/2017) (ash) (Entered: 10/10/2017) |
| ORDER: On 9/28/2017, the Court heard oral argument on Defendants 38 Motion to Dismiss. For the reasons stated on the record, the Motion is GRANTED without prejudice. Plaintiffs have leave to file an amended complaint by 10/19/2017. (Ordered by Chief Judge Barbara M.G. Lynn on 10/10/2017) (ykp) (Entered: 10/10/2017) |
| Transcript Order Form: transcript requested by Blackberry Corporation, Blackberry Limited for Motion Hearing held 09/28/17 (Court Reporter: Keith Johnson.) Payment method: Other. (Lordgooei, Iman) (Entered: 10/11/2017) |
| Notice of Filing of Official Electronic Transcript of Motions Hearing Proceedings held on September 28, 2017 before Judge Lynn. Court Reporter/Transcriber D. Keith Johnson, Telephone number 214-753-2325. Parties are notified of their duty to review the transcript. A copy may be purchased from the court reporter or viewed at the clerks office. If redaction is necessary, a Redaction Request - Transcript must be filed within 21 days. If no such Request is filed, the transcript will be made available via PACER without redaction after 90 calendar days. If redaction request filed, this transcript will not be accessible via PACER; see redacted transcript. The clerk will mail a copy of this notice to parties not electronically noticed. (86 pages) Redaction Request due 11/22/2017. Redacted Transcript Deadline set for 12/4/2017. Release of Transcript Restriction set for 1/30/2018. (dkj) (Entered: 11/01/2017) |
| NOTICE of Schedule Changes in Bankruptcy Proceedings filed by Avaya Inc (Shepherd, Jon) (Entered: 11/08/2017) |
| ORDER granting 65 Motion to Substitute Attorney. Jon G. Shepherd is withdrawn as counsel of record for Defendant, and Robert S. Hill, of Holland & Knight LLP, is substituted as counsel of record. (Ordered by Chief Judge Barbara M.G. Lynn on 12/7/2017) (aaa) (Entered: 12/07/2017) |
| ORDER: Within thirty (30) days from the date of this Order, Noah Franklin Webster must either become admitted to practice in this District (See LR 83.7), or move the Court to be admitted Pro Hac Vice (See LR 83.9(b)). (Ordered by Chief Judge Barbara M.G. Lynn on 12/13/2017) (ran) (Entered: 12/13/2017) |
| ORDER REQUESTING STATUS UPDATE: Parties are directed to file a joint report by February 16, 2018, to inform the Court of the status of Avayas bankruptcy proceedings. (Ordered by Chief Judge Barbara M.G. Lynn on 2/6/2018) (svc) (Entered: 02/06/2018) |
| Joint STATUS REPORT filed by Avaya Inc. (Hill, Robert) (Entered: 02/16/2018) |
| Report to Patent/Trademark Office of Stipulation of Dismissal. Form AO 120 e-mailed to notice_of_suit@uspto.gov. (ykp) (Entered: 02/23/2018) |
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Patents In Case