3:15-cv-01103 - Industrial Print Technologies LLC v. Quad Graphics Inc et al.

Detail

Case Number

3:15-cv-01103

Current Status

closed

Cause of Action

Infringement

Related Case(s)

2019-2275

2:15-cv-00025

Court

Texas Northern District Court

Plaintiff(s)

Industrial Print Technologies LLC

NPE (Patent Assertion Entity)

Defendant(s)

Quad Graphics Inc

Hewlett Packard Co

Judge

Barbara M.G. Lynn

Filing Date

2015-04-10

Termination Date

2019-07-10

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Dockets
Text
CIVIL DOCKET
UPDATED CIVIL DOCKET
Amended Proof of Service filed in MDL Case No. 9 (nkl, ) [Transferred from Texas Eastern on 4/10/2015.] (Entered: 01/26/2015)
Case assigned to Judge Rodney Gilstrap. (ch, ) [Transferred from Texas Eastern on 4/10/2015.] (Entered: 01/16/2015)
Defendant`s Unopposed First Application for Extension of Time to Answer Complaint is granted pursuant to Local Rule CV-12 for Quad/Graphics, Inc. to 2/26/2015. 15 Days Granted for Deadline Extension.( ch, ) [Transferred from Texas Eastern on 4/10/2015.] (Entered: 02/11/2015)
In accordance with the provisions of 28 USC Section 636(c), you are hereby notified that a U.S. Magistrate Judge of this district court is available to conduct any or all proceedings in this case including a jury or non-jury trial and to order the entry of a final judgment. The form Consent to Proceed Before Magistrate Judge is available on our website. All signed consent forms, excluding pro se parties, should be filed electronically using the event Notice Regarding Consent to Proceed Before Magistrate Judge. (ch, ) [Transferred from Texas Eastern on 4/10/2015.] (Entered: 01/16/2015)
In accordance with the provisions of 28 USC Section 636(c), you are hereby notified that a U.S. Magistrate Judge of this district court is available to conduct any or all proceedings in this case including a jury or non-jury trial and to order the entry of a final judgment. The form Consent to Proceed Before Magistrate Judge is available on our website. All signed consent forms, excluding pro se parties, should be filed electronically using the event Notice Regarding Consent to Proceed Before Magistrate Judge. (ch, ) [Transferred from Texas Eastern on 4/10/2015.] (Entered: 02/13/2015)
Interdistrict transfer to the Northern District of Texas. (mrm, ) [Transferred from Texas Eastern on 4/10/2015.] (Entered: 04/08/2015)
Joint Motion to Transfer Industrial Print Technologies LLC Patent Litigation Actions for Consolidated Pretrial Proceedings Pursuant to 28 U.S.C. 1407 and Redacted Memorandum of Law in Support of Joint Motion to Transfer Industrial Print Technologies LLC Patent Litigation Actions for Consolidated Pretrial Proceedings Pursuant to 28 U.S.C. 1407 was filed in MDL Case No. 9 (nkl, ) [Transferred from Texas Eastern on 4/10/2015.] (Entered: 01/26/2015)
MDL MINUTE ORDER; *TEXT ONLY ENTRY* This transmittal is for informational purposes only. No action is required at this time. A transfer order has been filed today in this litigation. Rule 2.1 of the Rules of Procedure of the Judicial Panel on Multidistrict Litigation, states...An order to transfer or remand pursuant to 28 U.S.C. 1407 shall be effective only upon its filing with the clerk of the transferee district court. You will receive a certified copy of this order from the transferee court along with notification of the newly assigned case number(s) in that district. With the advent of electronic filing, Rule 9.1 of the Panel Rules shall be satisfied upon transmittal of the portion of the file deemed necessary and requested by the transferee court. Signed by Clerk of the Panel Jeffery N. Luthi on 4/7/2015. (mrm, ) [Transferred from Texas Eastern on 4/10/2015.] (Entered: 04/08/2015)
CORPORATE DISCLOSURE STATEMENT filed by Industrial Print Technologies LLC (Maloney, Timothy) [Transferred from Texas Eastern on 4/10/2015.] (Entered: 01/16/2015)
NOTICE of Attorney Appearance by Timothy Paul Maloney on behalf of Industrial Print Technologies LLC (Maloney, Timothy) [Transferred from Texas Eastern on 4/10/2015.] (Entered: 01/16/2015)
SUMMONS Issued as to Quad/Graphics, Inc.. (Attachments: # 1 Hewlett-Packard Company)(ch, ) [Transferred from Texas Eastern on 4/10/2015.] (Entered: 01/20/2015)
NOTICE by Hewlett-Packard Company of Judicial Panel for Multidistrict Litigation Re Motion to Transfer and Supporting Documents (Reines, Edward) [Transferred from Texas Eastern on 4/10/2015.] (Entered: 01/23/2015)
Joint MOTION to Consolidate Cases and for Entry of Agreed Consolidated Docket Control and Discovery Orders by Industrial Print Technologies LLC. (Attachments: # 1 Text of Proposed Order)(Richards, Alison) [Transferred from Texas Eastern on 4/10/2015.] (Entered: 02/09/2015)
Defendant`s Unopposed First Application for Extension of Time to Answer Complaint re Quad/Graphics, Inc.( Malaney, Kevin) [Transferred from Texas Eastern on 4/10/2015.] (Entered: 02/11/2015)
NOTICE of Attorney Appearance by Edward R Reines on behalf of Hewlett-Packard Company (Reines, Edward) [Transferred from Texas Eastern on 4/10/2015.] (Entered: 02/13/2015)
ANSWER to 1 Complaint, , COUNTERCLAIM against Industrial Print Technologies LLC by Hewlett-Packard Company.(Reines, Edward) [Transferred from Texas Eastern on 4/10/2015.] (Entered: 02/13/2015)
COMPLAINT against Hewlett-Packard Company, Quad/Graphics, Inc. ( Filing fee $ 400 receipt number 0540-5008104.), filed by Industrial Print Technologies LLC. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F)(Maloney, Timothy) [Transferred from Texas Eastern on 4/10/2015.] (Entered: 01/16/2015)
CORPORATE DISCLOSURE STATEMENT filed by Hewlett-Packard Company identifying Corporate Parent No Parent Company for Hewlett-Packard Company. (Reines, Edward) [Transferred from Texas Eastern on 4/10/2015.] (Entered: 02/13/2015)
NOTICE of Attorney Appearance by Sonal N Mehta on behalf of Hewlett-Packard Company (Mehta, Sonal) [Transferred from Texas Eastern on 4/10/2015.] (Entered: 02/13/2015)
NOTICE of Attorney Appearance by Audrey L Maness on behalf of Hewlett-Packard Company (Maness, Audrey) [Transferred from Texas Eastern on 4/10/2015.] (Entered: 02/13/2015)
NOTICE of Attorney Appearance by Evan N Budaj on behalf of Hewlett-Packard Company (Budaj, Evan) [Transferred from Texas Eastern on 4/10/2015.] (Entered: 02/13/2015)
ORDER granting 6 Motion to Consolidate Cases. Signed by Judge Rodney Gilstrap on 02/13/2015. (nkl, ) [Transferred from Texas Eastern on 4/10/2015.] (Entered: 02/17/2015)
MDL TRANSFER ORDER; IT IS THEREFORE ORDERED that the actions listed on Schedule A and pending outside the Northern District of Texas are transferred to the Northern District of Texas and, with the consent of that court, assigned to the Honorable Barbara M.G. Lynn for coordinated or consolidated pretrial proceedings with the action pending there. IT IS FURTHER ORDERED that transfer of the actions listed on Schedule B is denied. Signed by Sarah S. Vance, Chair on 4/7/15. (mrm, ) [Transferred from Texas Eastern on 4/10/2015.] (Entered: 04/08/2015)
Case electronically transferred in from District of Texas Eastern; Case Number 2:15-cv-00025. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas should 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. Copy of NEF to be sent US Mail to parties not electronically noticed. (Entered: 04/10/2015)
Report to Patent/Trademark Office of Initiating Document. Form AO 120 e-mailed to notice_of_suit@uspto.gov. (ctf) (Entered: 04/10/2015)
Defendants MOTION to Stay Discovery Prior to the Rule 16 Conference[Opposed] with Brief/Memorandum in Support. (Attachments: # 1 Exhibit(s), # 2 Exhibit(s), # 3 Exhibit(s), # 4 Exhibit(s), # 5 Exhibit(s), # 6 Exhibit(s), # 7 Exhibit(s)) NOTE: Originally filed in Master case 3:15-md-2614 (gr) (Entered: 05/06/2015)
REPLY filed by Hewlett-Packard Company, Quad/Graphics Inc re: 27 MOTION to Stay (Attachments: # 1 Exhibit(s) A, # 2 Exhibit(s) B, # 3 Exhibit(s) C) (Reines, Edward) (Entered: 05/08/2015)
Joint STIPULATION Regarding Infringement and Invalidity Contentions by Industrial Print Technologies LLC. (Attachments: # 1 Proposed Order) (Little, Nicole) (Entered: 06/01/2015)
Joint STATUS REPORT filed by Hewlett-Packard Company, Industrial Print Technologies LLC, Quad/Graphics Inc. (Attachments: # 1 Exhibit(s) A - Redline of Previously-Agreed PO) (Maloney, Timothy) (Entered: 06/16/2015)
Joint STIPULATION Regarding Infringement and Invalidity Contentions by Hewlett-Packard Company, Industrial Print Technologies LLC, Quad/Graphics Inc. (Attachments: # 1 Proposed Order) (Little, Nicole) (Entered: 07/06/2015)
(Document Restricted) Motion for Leave to File Under Seal Defendants Motion to Amend (Sealed pursuant to motion to seal) filed by Hewlett-Packard Company, Quad/Graphics Inc (Attachments: # 1 Proposed Order on Motion to Seal, # 2 Exhibit(s) SEALED Defendants Motion for Leave to Amend the Pleadings to Add Acacia Research Group, LLC as a Counter-Defendant, # 3 Exhibit(s) A, # 4 Exhibit(s) B, # 5 Exhibit(s) C, # 6 Exhibit(s) D, # 7 Exhibit(s) E, # 8 Exhibit(s) F, # 9 Exhibit(s) G, # 10 Exhibit(s) H, # 11 Exhibit(s) I, # 12 Exhibit(s) J, # 13 Exhibit(s) K, # 14 Exhibit(s) L, # 15 Exhibit(s) M, # 16 Exhibit(s) N, # 17 Exhibit(s) O, # 18 Exhibit(s) P, # 19 Exhibit(s) Q, # 20 Proposed Order on SEALED Motion for Leave to Amend) (Reines, Edward) (Entered: 07/07/2015)
NOTICE of Agreement for Technical Advisor and For Agreed Tasks and Activities to be Performed by the Technical Advisor filed by Hewlett-Packard Company, Industrial Print Technologies LLC, Quad/Graphics Inc (Attachments: # 1 Proposed Order) (Little, Nicole) (Entered: 07/09/2015)
(Document Restricted) IPTs Opposed Motion For Leave to File Under Seal Its Opposition to Defendants Motion to Add Acacia Research Group, LLC as a Counterclaim Defendant (Sealed pursuant to motion to seal) filed by Industrial Print Technologies LLC (Attachments: # 1 Exhibit(s) A - IPTs Opposition to Defendants Motion to Add Acacia Research Group, LLC as a Counterclaim Defendant, # 2 Exhibit(s) Appendix) (Little, Nicole) (Entered: 07/28/2015)
(Document Restricted) SEALED Motion to File Under Seal Defendants Reply in support of Motion for Leave to Amend (Sealed pursuant to motion to seal) filed by Hewlett-Packard Company, Quad/Graphics Inc (Attachments: # 1 Proposed Order SEALED Proposed Order Re Motion to File Under Seal, # 2 SEALED Reply in support of Defendants Motion for Leave to Amend, # 3 Exhibit(s) Ex. R) (Perito, Andrew) (Entered: 08/11/2015)
Unopposed MOTION for Leave to File IPTs Surreply in Opposition to Defendants Motion to Add ARG As a Counterclaim Defendant filed by Industrial Print Technologies LLC (Attachments: # 1 IPTs Surreply in Opposition to Defendants Motion to Add ARG As a Counterclaim Defendant) (Richards, Alison) (Entered: 08/16/2015)
Joint MOTION for Protective Order filed by Hewlett-Packard Company, Industrial Print Technologies LLC, Quad/Graphics Inc (Attachments: # 1 Proposed Order) (Little, Nicole) (Entered: 08/20/2015)
Joint STATUS REPORT CLAIM CONSTRUCTION AND PREHEARING STATEMENT filed by Hewlett-Packard Company, Industrial Print Technologies LLC, Quad/Graphics Inc. (Attachments: # 1 Exhibit(s) A) (Maloney, Timothy) (Entered: 08/31/2015)
AMENDED SCHEDULING ORDER granting 220 Agreed Motion for Extension of Time: Dispositive Motions and Objections to Experts Motions due by 5/26/2017. Close of Expert Discovery due by 4/21/2017. (Ordered by Chief Judge Barbara M.G. Lynn on 2/7/2017) (ykp) (Entered: 02/07/2017)
ORDER: Pursuant to the Courts direction during a telephonic hearing on 7/27/2017, the parties have agreed upon a revised briefing schedule for opposition and reply briefs regarding their dispositive motions and objections to experts. The Court enters the following revised schedule for the oppositions and reply briefs regarding the opening motions at ECF Nos. 250-81. Responsive Opposition Briefs to Dispositive Motions and Objections to Experts due by 8/11/2017. Reply Briefs to Dispositive Motions and Objections to Experts due by 9/13/2017. (Ordered by Chief Judge Barbara M.G. Lynn on 8/2/2017) (ykp) (Entered: 08/02/2017)
ORDER: Motion Hearing set for 8/14/2017 09:00 AM in US Courthouse, Courtroom 1620, 1100 Commerce St., Dallas, TX 75242-1310 before Magistrate Judge Paul D Stickney. re: (238 in 3:15-md-02614-M) MOTION to Compel Production of Pre-Suit Due Diligence Documents and Supplemental Privilege Logs (Ordered by Magistrate Judge Paul D Stickney on 8/3/2017) (ykp) (Entered: 08/04/2017)
ORDER RESETTING HEARING:The hearing on the parties summary judgment and Daubert motions, which is set for 12/19/2017, will begin at 8:00 a.m. before Chief Judge Barbara M.G. Lynn. (Ordered by Chief Judge Barbara M.G. Lynn on 10/17/2017) (aaa) (Entered: 10/17/2017)
MEMORANDUM OPINION AND ORDER: The Court DENIES IPTs Motion to Exclude Expert Testimony from Dr. John Paul Jones Regarding Invalidity Opinions Based on the ElectroPress System and Indigo E-Print 1000 System (ECF #277 in 3:15-md-02614-M) and IPTs Motion to Strike Portions of Defendants Invalidity Contentions (ECF #139 in 3:15-md-02614-M), to the extent the Motion to Strike addresses the ElectroPress System and Indigo E-Print 1000 System. To the extent the Motions seek other relief, the Court takes those matters under advisement. (Ordered by Chief Judge Barbara M.G. Lynn on 1/11/2018) (axm) (Entered: 01/12/2018)
Document Restricted) Sealed Order: IPTs Motion to Exclude Expert Opinions of Dr. Michael T. Orchard Premised on Erroneous Claim Constructions [269 in 3:15-md-2614-M] is GRANTED in part and DENIED in part. Defendants Motion challenging Thomas A. Gaffords opinions [280 in 3:15-md-2614-M] is DENIED, to the extent the Motion seeks to exclude Mr. Gaffords opinions on the issue of Defendants alleged infringement of the 106 Patent. To the extent Defendants Motion is directed to an issue other than infringement of the 106 Patent, the Court takes those remaining issues under advisement. (Ordered by Chief Judge Barbara M.G. Lynn on 1/19/2018) (rekc) (Entered: 01/19/2018)
(Document Restricted) SEALED ORDER granting in part and denying in part Motion to Exclude Expert Opinions of Dr. Paul Jones Premised on Erroneous Claim Constructions [274 in 3:15-md-2614-m]; granting in part and denying in part Motion to Exclude Opinions of Mr. Gafford [280 in 3:15-md-2614-M]. (Ordered by Chief Judge Barbara M.G. Lynn on 1/24/2018) (axm) (Entered: 01/24/2018)
ORDER granting (405) Motion for Leave to File Brief Addressing Impact of Recent Supplemental Authority from Federal Circuit on the Parties Pending Damages Daubert Motions. The parties may submit supplemental briefs, not to exceed five pages in length, within seven days of this Order. The parties may not submit any evidence with their briefs. (Ordered by Chief Judge Barbara M.G. Lynn on 2/1/2018) (zkc) (Entered: 02/01/2018)
ORDER: On 1/30/2018, the Court held a hearing on the parties summary judgment motions. (ECF Nos. 263 , 281 ). To further address those motions, the Court SETS a second hearing, to be held by teleconference, on 5/29/2018, at 10:00 a.m. (Ordered by Chief Judge Barbara M.G. Lynn on 5/8/2018) (sss) (Entered: 05/08/2018)
ORDER: Oral Argument on Motion to Declare this an Exceptional Case for Attorneys Fees and Costs, and Motion to Declare this an Exceptional Case for Attorneys Fees set for 2/12/2019 10:30 AM in US Courthouse, Courtroom 1570, 1100 Commerce St., Dallas, TX 75242-1310 before Chief Judge Barbara M.G. Lynn. (Ordered by Chief Judge Barbara M.G. Lynn on 11/13/2018) (zkc) (Entered: 11/13/2018)
ORDER: Oral argument on all pending Daubert Motions is set for 2/12/2019 01:30 PM in US Courthouse, Courtroom 1570, 1100 Commerce St., Dallas, TX 75242-1310 before Chief Judge Barbara M.G. Lynn. (Ordered by Chief Judge Barbara M.G. Lynn on 11/13/2018) (zkc) (Entered: 11/13/2018)
ORDER: Before the Court is Defendants Hewlett Packard Company and Quad/Graphics, Inc.s Motion for Partial Summary Judgment. (ECF No. 281). Oral argument on this Motion is set for 4:00 p.m. on February 12, 2019. Counsel is directed to be prepared to discuss the patent-eligibility of the subject matter of Independent Claim 12 of the 233 Patent, Independent Claim 4 of the 028 Patent, Independent Claim 1 of the 665 Patent, Independent Claim 1 of the 479 Patent, and Independent Claim 6 of the 153; the patent-eligibility of the subject matter of Dependent Claims 10, 15, and 17 of the 479 Patent; and whether Independent Claim 4 of the 028 Patent is invalid due to indefiniteness. (Ordered by Chief Judge Barbara M.G. Lynn on 1/16/2019) (aaa) (Entered: 01/17/2019)
ORDER: Before the Court is Defendants Hewlett Packard Company and Quad/Graphics, Inc.s Motion for Partial Summary Judgment. (ECF No. 281). Oral argument on this Motion is set for 3:00 p.m. on February 12, 2019. The parties are directed to be prepared to discuss Thomas Gaffords opinions on infringement and the meaning of the claim terms "data area" and "variable data areas." (Ordered by Chief Judge Barbara M.G. Lynn on 1/16/2019) (aaa) (Entered: 01/17/2019)
ORDER: The Court has reconsidered the order of the hearings set for February 12, 2019. The hearings schedule is reset as follows: Hearing on Defendants Motions for Attorneys Fees (ECF Nos. 189 , 387 ) set for 2/12/2019 at 9:00 a.m.; Hearing on Supplemental Briefing on Defendants Motion for Partial Summary Judgment (ECF No. 263 ) set for 2/12/2019 at 10:30 a.m., Hearing on Defendants Motion for Partial Summary Judgment (ECF No. 281 ) set for 2/12/2019 at 1:30 p.m.; Hearing on pending Daubert Motions set for 2/12/2019 at 3:30 p.m. At the hearing on Defendants Motions for Attorneys Fees set for 2/12/2019 at 9:00 a.m., the parties are directed to be prepared to discuss Defendants Rule 72(a) Objections to the Magistrate Judges Orders. (ECF No. 116 ). The topics of the hearings will otherwise remain as previously ordered. Counsel should convene in Courtroom 1570, Earle Cabell Federal Building, 1100 Commerce St., Dallas, Texas. (Ordered by Chief Judge Barbara M.G. Lynn on 2/5/2019) (aaa) (Entered: 02/06/2019)
(Document Restricted) SEALED MEMORANDUM OPINION AND ORDER: Defendants Hewlett- Packard Company ("HP") and Quad/Graphics, Inc.s Motion for Partial Summary Judgment is GRANTED. This case is DISMISSED. (Ordered by Chief Judge Barbara M. G. Lynn on 7/10/2019) (axm) (Entered: 07/10/2019)
ORDER: Before the Court is Defendants Rule 72(a) Objections to and Appeals from the Magistrate Judges 6/3/2016 and 6/6/2016 Orders. (ECF No. 116 in case 3:15-md-02614-M). Defendants Objections are SUSTAINED. The Magistrate Judges award of fees associated with the discovery is therefore VACATED. The discovery related relief requested is DENIED AS MOOT. (Ordered by Chief Judge Barbara M. G. Lynn on 7/10/2019) (axm) (Entered: 07/10/2019)
Report to Patent/Trademark Office of Final Order. Form AO 120 e-mailed to notice_of_suit@uspto.gov. (axm) (Entered: 07/10/2019)
ORDER: Before the Court are Plaintiffs Daubert Motions to exclude the opinions of Defendants expert John Malackowski (ECF Nos. 251, 253, 255, 259 in case 3:15-cv-00165-M; 271 in case 3:15-md-02614-M), Plaintiffs Daubert Motion to exclude the opinions of Defendants expert Dr. Paul Jones (ECF No. 261 in case 3:15-cv-00165-M), Plaintiffs Daubert Motion to exclude the opinions of Defendants expert Dr. Michael Orchard (ECF No. 267 in case 3:15-cv-00165-M), and Defendants Daubert Motion to exclude the opinions of Plaintiffs expert Michelle Reilly (ECF No. 275 in case 3:15-md-02614-M). These Motions are DENIED AS MOOT. (Ordered by Chief Judge Barbara M. G. Lynn on 7/10/2019) (axm) (Entered: 07/10/2019)
ORDER: Case Nos. 3:15-cv-00165-M, 3:15-cv-01100-M, 3:15-cv-01101-M, 3:15-cv-01103-M, 3:15-cv-01104-M, and 3:15-cv-01195-M, consolidated in this Court by the Judicial Panel on Multidistrict Litigation, are closed. Accordingly, the Clerk is directed to close Case No. 3:15-md-2614-M. (Ordered by Chief Judge Barbara M. G. Lynn on 7/11/2019) (zkc) (Entered: 07/11/2019)
ANSWER to 1 Complaint, , COUNTERCLAIM against Industrial Print Technologies LLC by Hewlett-Packard Company.(Reines, Edward) [Transferred from Texas Eastern on 4/10/2015.] (Entered: 02/13/2015)
ORDER regarding pretrial proceedings in MDL Master Docket 3:15-md-2614 and individual cases. Initial Scheduling Conference set for 6/22/2015 10:00 AM in US Courthouse, Courtroom 1570, 1100 Commerce St., Dallas, TX 75242-1310 before Judge Barbara M.G. Lynn. A default agenda routinely used in patent cases before Judge Lynn is included as Exhibit A. (Ordered by Judge Barbara M.G. Lynn on 4/27/2015) (gmg) (Entered: 04/27/2015)
NOTICE of Attorney Appearance by Alison Aubry Richards on behalf of Industrial Print Technologies LLC. (Filer confirms contact info in ECF is current.) (Richards, Alison) (Entered: 04/30/2015)
NOTICE of Attorney Appearance by Nicole L Little on behalf of Industrial Print Technologies LLC. (Filer confirms contact info in ECF is current.) (Little, Nicole) (Entered: 04/30/2015)
NOTICE of Attorney Appearance by David Allen Gosse on behalf of Industrial Print Technologies LLC. (Filer confirms contact info in ECF is current.) (Gosse, David) (Entered: 04/30/2015)
NOTICE of Attorney Appearance by Jared E Hedman on behalf of Industrial Print Technologies LLC. (Filer confirms contact info in ECF is current.) (Hedman, Jared) (Entered: 04/30/2015)
NOTICE of Attorney Appearance by Timothy P Maloney on behalf of Industrial Print Technologies LLC. (Filer confirms contact info in ECF is current.) (Maloney, Timothy) (Entered: 04/30/2015)
NOTICE of Attorney Appearance by Steven C Schroer on behalf of Industrial Print Technologies LLC. (Filer confirms contact info in ECF is current.) (Schroer, Steven) (Entered: 04/30/2015)
(Document Restricted) Sealed Response re: Motion to Stay, 3:15-MD-2614-M, Dkt. No. 005 (Sealed pursuant to SO 19-1, statute, or rule) filed by Industrial Print Technologies LLC (Maloney, Timothy) (Entered: 05/06/2015)
(Document Restricted) Sealed Appendix in Support re: 25 Sealed and/or Ex Parte Response/Objection (Sealed pursuant to SO 19-1, statute, or rule) filed by Industrial Print Technologies LLC (Maloney, Timothy) (Entered: 05/06/2015)
Agreed MOTION to Expedite Briefing on Defendants 27 Motion to Stay Discovery Prior to the Rule 16 Conference filed by Edward Reines with Brief/Memorandum in Support. NOTE: Originally filed in Master Case 3:15-md-2614 (gr) (Entered: 05/06/2015)
ORDER granting 28 Motion to Expedite Briefing. Replies due by 5/8/15. Responses due by 5/6/15. (Ordered by Judge Barbara M.G. Lynn on 5/1/2015) NOTE: Originally entered in Master Case 3:15-md-2614 (gr) (Entered: 05/06/2015)
ORDER granting 27 Defendants MOTION to Stay Discovery Prior to the Rule 16 Conference. (Ordered by Judge Barbara M.G. Lynn on 5/12/2015) (jrr) (Main Document 31 replaced to correct format on 5/12/2015) (gmg). (Entered: 05/12/2015)
Unopposed MOTION to Withdraw as Attorney Evan N. Budaj filed by Hewlett-Packard Company, Quad/Graphics Inc with Brief/Memorandum in Support. (Mehta, Sonal) (Entered: 05/14/2015)
ORDER granting 32 Motion to Withdraw as Attorney. Attorney Evan Budaj terminated (Ordered by Judge Barbara M.G. Lynn on 5/15/2015) (gr) (Entered: 05/15/2015)
ORDER: Before the Court is the Agreed Stipulation Regarding Infringement and Invalidity Contentions [Dkt. Nos. 48, 139, 50, 34, 35, 37, 52]. In light of the parties Stipulation, the Court ORDERS that Defendants Cenveo, Inc., Fort Dearborn Co., Quad/Graphics, Inc., Vistaprint U.S.A., Inc. and Hewlett-Packard Company have until 6/12/2015 to serve Initial Invalidity Contentions in Case No. 3:15-cv-00165-M, Case No. 3:15-cv-01106-M, and Case No. 3:15-cv 01195-M; and Defendants ONeil Data Systems, Inc., Quad/Graphics, Inc. and Hewlett-Packard Company have until 6/12/2015, to provide IPT with proposed Amended Invalidity Contentions in Case No. 3:15-cv-01100-M, Case No. 3:15-cv 01101-M, Case No. 3:15-cv-01103-M, and Case No. 3:15-cv-01104-M. The parties are ORDERED to thereafter meet and confer regarding their respective proposed amendments prior to presenting the Court with any motions for leave to amend. (Ordered by Judge Barbara M.G. Lynn on 6/2/2015) (ctf) (Entered: 06/03/2015)
NOTICE of Attorney Appearance by Andrew Perito on behalf of Hewlett-Packard Company, Quad/Graphics Inc. (Filer confirms contact info in ECF is current.) (Perito, Andrew) (Entered: 06/18/2015)
Minute Entry for proceedings held before Judge Barbara M.G. Lynn: The Court held a Rule 16 conference to discuss scheduling matters and other issues raised in the parties Joint Status Report. No order to enter. See record for specifics. Attorney Appearances: Plaintiff - Tim Maloney, Nicole Little, Tom Cecil; Defense - Edward Reines, Audrey Maness. (Court Reporter: Keith Johnson) (No exhibits) Time in Court - :10. (tln) (Main Document 38 replaced to reflect proper MDL case number on 6/25/2015) (ctf). (Entered: 06/24/2015)
AGREED ORDER REGARDING ELECTRONIC DISCOVERY: This order supplements all other discovery rules and orders. It streamlines Electronically Stored Information ("ESI") production to promote a "just, speedy, and inexpensive determination" of this action, as required by Federal Rule of Civil Procedure 1. (Ordered by Judge Barbara M.G. Lynn on 6/30/2015) (axm) (Entered: 07/01/2015)
ORDER: Plaintiff Industrial Print Technologies, LLC ("IPT") and Defendants Cenveo, Inc., Fort Dearborn Co., Hewlett Packard Co., ONeil Data Systems, Inc., Quad/Graphics, Inc., and Vistaprint U.S.A., Inc. (collectively, "Defendants") have presented the Court with their Stipulations regarding Infringement and Invalidity Contentions. In light of the parties Stipulations, the Court ORDERS that the parties respective Amended Infringement and Amended Invalidity Contentions are deemed served as of May 11 and June 12, 2015 respectively. This Order is without regard to the sufficiency of the amended contentions or to any requests for leave to further amend such contentions in the future. (Ordered by Judge Barbara M.G. Lynn on 7/7/2015) (aaa) (Entered: 07/08/2015)
ORDER: Before the Court is Defendants Motion for Leave to File Under Seal Their Motion for Leave to Amend the Pleadings. The Motion is GRANTED. Pursuant to Local Rule 79.3, Defendant may file under seal their Motion for Leave to Amend the Pleadings, as well as the Amended Answers and Counterclaims and excerpts from the December 11, 2015 Deposition Transcript of Cristin Wagner, which are attached as exhibits to Defendants Motion for Leave to Amend the Pleadings. The foregoing documents will be deemed filed as of the date of this Order. (Ordered by Judge Barbara M.G. Lynn on 7/8/2015) (aaa) (Entered: 07/08/2015)
ORDER: Before the Court is the Notice of Agreement for Technical Advisor and for Agreed Tasks and Activities to be Performed by the Technical Advisor, jointly filed by the Parties. Having reviewed the parties recommendation for a technical advisor, the Court hereby appoints Scott Woloson as technical advisor to the Court, with his fees and costs to be assessed equally between Plaintiff and Defendant, and to be timely paid as billed, at the rate of $340 per hour. The parties are ordered to send courtesy copies of claim construction briefs, exhibits, and technology tutorials no later than one business day after their filing: (1) in PDF form to scott@scottwolosonlaw.com; and (2) in paper form, double-sided, in a 3-ring binder, with tabbed exhibits to the Law Office of Scott Woloson, P.C., 1431 Wirt Road #141, Houston, TX 77055 (Ordered by Judge Barbara M.G. Lynn on 7/13/2015) (ndt) (Entered: 07/13/2015)
PRELIMINARY PATENT SCHEDULING ORDER: Joinder of Parties due by 10/27/2015. Amended Pleadings due by 12/17/2015. Deadline to complete claim construction discovery is 9/30/2015. Markman Hearing set for Saturday, 11/14/2015, at 9:00 a.m. (Ordered by Judge Barbara M.G. Lynn on 7/22/2015) (bdb) (Entered: 07/22/2015)
Unopposed MOTION to Withdraw as Attorney Sonal N. Mehta filed by Hewlett-Packard Company, Quad/Graphics Inc with Brief/Memorandum in Support. (Reines, Edward) (Entered: 07/24/2015)
ORDER: Before the Court is Defendants Cenveo, Inc. and Hewlett-Packard Companys 47 Unopposed Motion for Withdrawal of Counsel. The Motion is GRANTED. Sonal N. Mehta is hereby removed as an attorney of record in this matter. The Clerk of the Court is directed to remove her name from the list of persons authorized to receive notices of electronic filings. (Ordered by Judge Barbara M.G. Lynn on 7/25/2015) (bdb) (Entered: 07/27/2015)
(Document Restricted) Motion for Leave to Amend the Pleadings to Add Acacia Research Group LLC as a Counter-Defendant filed by Hewlett-Packard Company, Quad/Graphics Inc. (ctf) (Entered: 07/30/2015)
ORDER: Before the Court is Plaintiffs Opposed Motion for Leave to File Under Seal Its Opposition to Defendants Motion to Add Acacia Research Group, LLC as a Counterclaim Defendant [Docket No. 49 ]. The Motion is GRANTED. Pursuant to Local Rule 79.3, the Clerk is directed to file under seal Plaintiffs Opposition to Defendants Motion to Add Acacia Research Group, LLC as a Counterclaim Defendant and its accompanying Appendix [Docket Nos. 49-1 and 49-2]. (Ordered by Judge Barbara M.G. Lynn on 8/4/2015) (ctf) (Entered: 08/05/2015)
(Document Restricted) IPTS OPPOSITION TO DEFENDANTS 50 MOTION TO ADD ACACIA RESEARCH GROUP, LLC AS A COUNTERCLAIM DEFENDANT filed by Industrial Print Technologies LLC. (ctf) (Entered: 08/05/2015)
(Document Restricted) Appendix in Support re: 52 IPTS OPPOSITION TO DEFENDANTS 50 MOTION TO ADD ACACIA RESEARCH GROUP, LLC AS A COUNTERCLAIM DEFENDANT filed by Industrial Print Technologies LLC. (ctf) (Entered: 08/05/2015)
Minute Order for proceedings held before Judge Barbara M.G. Lynn: Telephone Conference held on 8/4/2015. The Court held a telephone conference to discuss Defendants Motion for Summary Judgment in 3:15cv1101, Defendants Motion for Leave to Amend the Pleadings, and scheduling matters. Attorney Appearances: Plaintiff - Alison Richards, Nicole Little, Tim Maloney, and Steven Schroer; Defense - Edward Reines, Audrey Maness, and Andrew Perito. (Court Reporter: Keith Johnson) (No exhibits) Time in Court - :30. (ctf) (Entered: 08/05/2015)
(Document Restricted) CORRECTED SEALED Reply in support of Defendants Motion for Leave to Amend [55-2] (Sealed pursuant to motion to seal) filed by Hewlett-Packard Company, Quad/Graphics Inc (Perito, Andrew) (Entered: 08/14/2015)
ORDER GRANTING DEFENDANTS 55 MOTION FOR LEAVE TO FILE UNDER SEAL THEIR REPLY IN SUPPORT OF THEIR MOTION FOR LEAVE TO AMEND THE PLEADINGS TO ADD ACACIA RESEARCH GROUP, LLC AS A COUNTER-DEFENDANT: Defendants may file under seal their Reply In Support of Their Motion for Leave to Amend the Pleadings to Add Acacia Research Group, LLC as a Counter-Defendant. (Ordered by Judge Barbara M.G. Lynn on 8/20/2015) (ctf) (Entered: 08/20/2015)
ORDER GRANTING IPTS 57 MOTION FOR LEAVE TO FILE A SURREPLY IN OPPOSITION TO DEFENDANTS MOTION FOR LEAVE TO AMEND PLEADINGS TO ADD ACACIA RESEARCH GROUP, LLC AS A COUNTER-DEFENDANT: IPT may file its Surreply in Opposition to Defendants Motion for Leave to Amend the Pleadings to Add Acacia Research Group, LLC as a Counter-Defendant, in the form attached to its Motion. (The requesting party must file the document with the clerk.) (Ordered by Judge Barbara M.G. Lynn on 8/20/2015) (ctf) (Entered: 08/20/2015)
Sur-reply filed by Industrial Print Technologies LLC re: 50 (Document Restricted) Motion for Leave to Amend the Pleadings to Add Acacia Reserach Group LLC as a Counter-Defendant (Richards, Alison) (Entered: 08/20/2015)
Agreed STIPULATION Regarding Claim Construction Schedule by Industrial Print Technologies LLC. (Gosse, David) (Entered: 08/26/2015)
ORDER. In light of the parties Stipulations, the Court ORDERS the following deadlines: Parties exchange citations to intrinsic and documentary extrinsic evidence, and identify claim terms for which they expect to offer expert opinions due by August 25. Meet and confer regarding Joint Claim Construction Chart and Prehearing Statement submission on or before August 26-28. Parties submit final Joint Claim Construction Chart and Prehearing Statement to Court due by August 31. Parties exchange expert reports on claim construction due by September 8. No additional expert reports on claim construction will be permitted. All other deadlines set forth in the Courts Preliminary Patent Scheduling Order remain unchanged. (Ordered by Judge Barbara M.G. Lynn on 8/27/2015) (axm) (Entered: 08/27/2015)
AGREED JOINT PROTECTIVE ORDER. (Ordered by Judge Barbara M.G. Lynn on 8/28/2015) (ctf) (Entered: 08/28/2015)
NOTICE of Attorney Appearance by M Brett Johnson on behalf of Hewlett-Packard Company. (Filer confirms contact info in ECF is current.) (Johnson, M) (Entered: 09/04/2015)
Memorandum Opinion and Order denying (64 in 3:15-cv-00165-M) Sealed Motion for Leave to Amend the Pleadings to Add Acacia Research Group LLC as a Counter-Defendant filed by Hewlett-Packard Company filed by Hewlett Packard Company, Cenveo Inc, (155 in 3:15-cv-01100-M) Sealed Motion for Leave to Amend the Pleadings to Add Acacia Research Group LLC as a Counter-Defendant filed by Hewlett-Packard Company filed by Quad/Graphics, Inc., Hewlett Packard Company, ONeil Data Systems Inc, (73 in 3:15-cv-01101-M) Sealed Motion for Leave to Amend the Pleadings to Add Acacia Research Group LLC as a Counter-Defendant filed by Hewlett-Packard Company filed by Hewlett Packard Company, ONeil Data Systems Inc, (50 in 3:15-cv-01103-M) Sealed Motion for Leave to Amend the Pleadings to Add Acacia Research Group LLC as a Counter-Defendant filed by Hewlett-Packard Company filed by Quad/Graphics Inc, Hewlett-Packard Company, (51 in 3:15-cv-01104-M) Sealed Motion for Leave to Amend the Pleadings to Add Acacia Research Group LLC as a Counter-Defendant filed by Hewlett-Packard Company, (53 in 3:15-cv-01106-M) Sealed Motion for Leave to Amend the Pleadings to Add Acacia Research Group LLC as a Counter-Defendant filed by Hewlett-Packard Company filed by Vistaprint USA Inc, Hewlett-Packard Company, (68 in 3:15-cv-01195-M) Sealed Motion for Leave to Amend the Pleadings to Add Acacia Research Group LLC as a Counter-Defendant filed by Hewlett-Packard Company filed by Fort Dearborn Company, Hewlett-Packard Company. (Ordered by Judge Barbara M.G. Lynn on 10/7/2015) (jrr) (Entered: 10/08/2015)
NOTICE of Attorney Appearance by Michael Rueckheim on behalf of Hewlett-Packard Company, Quad/Graphics Inc. (Filer confirms contact info in ECF is current.) (Rueckheim, Michael) (Entered: 10/20/2015)
ORDER granting Plaintiff Industrial Print Technologies LLCs 30 Motion for Withdrawal of Counsel: It is ORDERED that Jared E. Hedman be withdrawn as counsel of record for Plaintiff Industrial Print Technologies LLC. (Ordered by Judge Barbara M.G. Lynn on 2/8/2016) (twd) (Entered: 02/08/2016)
CLAIM CONSTRUCTION ORDER. (Ordered by Judge Barbara M.G. Lynn on 2/12/2016) (twd) (Entered: 02/12/2016)
ORDER: The Court has reviewed the details of Mr. Wolosons time incurred for his services and related expenses through 2/18/2016. Accordingly, the Court hereby ORDERS payment to be promptly made to Mr. Woloson as follows: Plaintiff: $33,806.24 Defendants: $33,806.24. (Ordered by Judge Barbara M.G. Lynn on 2/24/2016) (bdb) (Entered: 02/24/2016)
ORDER: IPTs Motion to Compel [Docket Entry #82] is GRANTED in part and DENIED in part. Defendants Motion to Strike IPTs Amended Infringement Contentions and to Compel IPT to Respond to Interrogatory No. 9 [Docket Entry #70] is GRANTED in part and DENIED in part. (Ordered by Chief Judge Barbara M.G. Lynn on 6/22/2016) (bdb) (Entered: 06/23/2016)
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