3:18-cv-00611 - Diff Scale Operation Research LLC v. Maxim Integrated Products Inc

Detail

Case Number

3:18-cv-00611

Current Status

closed

Cause of Action

Infringement

Related Case(s)

N/A

Court

Texas Northern District Court

Plaintiff(s)

Diff Scale Operation Research LLC

NPE (Patent Assertion Entity)The Carlyle GroupThird Party Financing

Defendant(s)

Maxim Integrated Products Inc

Judge

Barbara M.G. Lynn

Filing Date

2018-03-15

Termination Date

2018-11-20

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Dockets
Text
CIVIL DOCKET
UPDATED CIVIL DOCKET
ELECTRONIC Minute Entry for Rule 16 scheduling conference held on July 6, 2018, before Chief Judge Barbara M.G. Lynn: During the conference, the parties agreed they would, within thirty days of the conference, provide Judge Lynn's law clerk with an estimate of the potential amount of damages involved in this case. Attorney Appearances: Daniel Hipskind, Dorian Berger, and Elizabeth DeRieux for Plaintiff; Tom Reger for Defendant. (Court Reporter: Keith Johnson) Time of conference - :20. (chmb) (Entered: 07/09/2018)
COMPLAINT WITH JURY DEMAND against Maxim Integrated Products, Inc. filed by DIFF Scale Operation Research, LLC. (Filing fee $400; Receipt number 0539-9054939) Plaintiff will submit summons(es) for issuance. 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 Exhibit(s) A - `413 Patent, # 2 Exhibit(s) B - `827 Patent, # 3 Cover Sheet) (DeRieux, Elizabeth) (Entered: 03/15/2018)
MOTION for Leave to Proceed Without Local Counsel filed by DIFF Scale Operation Research LLC (Attachments: # 1 Proposed Order) (DeRieux, Elizabeth) (Entered: 03/19/2018)
Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $25; Receipt number 0539-9062809) filed by DIFF Scale Operation Research LLC (Attachments: # 1 Proposed Order, # 2 Exhibit(s) Certificate of Good Standing) (Hipskind, Daniel) (Entered: 03/20/2018)
Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $25; Receipt number 0539-9063045) filed by DIFF Scale Operation Research LLC (Attachments: # 1 Proposed Order, # 2 Exhibit(s) Certificate of Good Standing) (Hanson, Eric) (Entered: 03/20/2018)
Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $25; Receipt number 0539-9063462) filed by DIFF Scale Operation Research LLC (Attachments: # 1 Proposed Order, # 2 Exhibit(s) Certificate of Good Standing) (Berger, Dorian) (Entered: 03/20/2018)
MOTION to Amend/Correct 12 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $25; Receipt number 0539-9063045) filed by DIFF Scale Operation Research LLC (Attachments: # 1 Proposed Order, # 2 Exhibit(s) Certificate of Good Standing) (Hanson, Eric) (Entered: 03/21/2018)
Agreed Motion for Extension of Time to File Answer filed by DIFF Scale Operation Research LLC (Attachments: # 1 Proposed Order) (DeRieux, Elizabeth) (Entered: 03/21/2018)
Agreed Motion for Extension of Time to File Answer filed by Maxim Integrated Products Inc with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order) (Reger, Thomas) (Entered: 05/02/2018)
ORDER REQUIRING SCHEDULING CONFERENCE AND REPORT FOR CONTENTS OF SCHEDULING ORDER FOR PATENT CASE: Proposed Scheduling Order due by 6/19/2018. (Ordered by Chief Judge Barbara M.G. Lynn on 5/29/2018) (Attachments: # 1 Consent Form, # 2 Rule 16 Scheduling Conference Agenda) (zkc) (Entered: 05/29/2018)
Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $25; Receipt number 0539-9234317) filed by Maxim Integrated Products Inc (Attachments: # 1 Certificate of Good Standing, # 2 Proposed Order) (Barkan, David) (Entered: 06/05/2018)
PATENT SCHEDULING ORDER: This case is set for jury trial on this Courts two-week docket beginning 7/13/2020 09:00 AM before Chief Judge Barbara M.G. Lynn. Joinder of Parties due by 7/26/2018. Amended Pleadings due by 7/26/2018. Motions due by 2/7/2020. Markman Hearing set for 2/6/2019 09:00 AM before Chief Judge Barbara M.G. Lynn. All discovery related to claim construction must be completed by 12/12/2018. By 6/14/2019, all factual discovery shall be completed. By 8/23/2019, all expert discovery shall be completed. Settlement Status Report due by 7/26/2019. Pretrial Materials due by 6/22/2020. Pretrial Order due by 6/22/2020. Pretrial Conference set for 7/10/2020 09:00 AM before Chief Judge Barbara M.G. Lynn. (Ordered by Chief Judge Barbara M.G. Lynn on 7/6/2018) (Attachments: # 1 Questionnaire) (zkc) (Entered: 07/06/2018)
Unopposed MOTION for Extension of Time to File Proposed ESI Order filed by Maxim Integrated Products Inc with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order) (Reger, Thomas) (Entered: 07/24/2018)
Agreed MOTION for Protective Order filed by DIFF Scale Operation Research LLC (Attachments: # 1 Proposed Order) (DeRieux, Elizabeth) (Entered: 08/14/2018)
MOTION for Entry of Proposed E-Discovery Order (Agreed) filed by DIFF Scale Operation Research LLC (Attachments: # 1 Proposed Order) (DeRieux, Elizabeth) (Entered: 08/14/2018)
Unopposed MOTION to Extend Time to Serve Preliminary Invalidity Contentions and Accompanying Document Production filed by Maxim Integrated Products Inc (Attachments: # 1 Proposed Order) (Reger, Thomas) (Entered: 09/07/2018)
Joint MOTION to Stay All Deadlines and Notice of Settlement filed by DIFF Scale Operation Research LLC (Attachments: # 1 Proposed Order) (Hipskind, Daniel) (Entered: 10/30/2018)
Joint MOTION to Dismiss filed by DIFF Scale Operation Research LLC (Attachments: # 1 Proposed Order) (Hipskind, Daniel) (Entered: 11/14/2018)
DEMAND for Trial by Jury by DIFF Scale Operation Research, LLC. (DeRieux, Elizabeth) (Entered: 03/15/2018)
NOTICE of AO 120 Form filed by DIFF Scale Operation Research, LLC (DeRieux, Elizabeth) (Entered: 03/15/2018)
Request for Clerk to issue Summons filed by DIFF Scale Operation Research, LLC. (DeRieux, Elizabeth) (Entered: 03/15/2018)
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by DIFF Scale Operation Research, LLC. (DeRieux, Elizabeth) (Entered: 03/15/2018)
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 Ramirez). Clerk to provide copy to plaintiff if not received electronically. (ykp) (Entered: 03/16/2018)
Summons Issued as to Maxim Integrated Products Inc. (ykp) (Entered: 03/16/2018)
Report to Patent/Trademark Office of Initiating Document. Form AO 120 e-mailed to notice_of_suit@uspto.gov. (ykp) (Entered: 03/16/2018)
SUMMONS Returned Executed as to Maxim Integrated Products Inc; served on 3/19/2018. (DeRieux, Elizabeth) (Entered: 03/20/2018)
ORDER granting 9 Motion for Leave to Proceed Without Local Counsel. Plaintiff may proceed in this action without local counsel as long as it continues to be represented by its current counsel at Capshaw DeRieux, LLP or other counsel who satisfy Local Rule 83.10(b). (Ordered by Chief Judge Barbara M.G. Lynn on 3/26/2018) (aaa) (Entered: 03/26/2018)
ORDER: Before the Court is the "Agreed Motion for Extension of Time for Maxim Integrated Products, Inc. to Answer Complaint" (ECF No. 15 ), filed by Plaintiff DIFF Scale Operation Research, LLC. After consideration, the Motion is GRANTED. It is ORDERED that Defendant Maxim Integrated Products, Inc.s deadline to answer the Complaint for Patent Infringement (ECF No. 1 ) is extended to 5/9/2018. (Ordered by Chief Judge Barbara M.G. Lynn on 3/29/2018) (ndt) (Entered: 03/30/2018)
NOTICE of Attorney Appearance by Thomas H Reger, II on behalf of Maxim Integrated Products Inc. (Filer confirms contact info in ECF is current.) (Reger, Thomas) (Entered: 05/02/2018)
ORDER granting 22 Motion for Second Extension of Time to File Answer to 1 Complaint; Maxim Integrated Products Inc answer due 5/24/2018. (Ordered by Chief Judge Barbara M.G. Lynn on 5/7/2018) (zkc) (Entered: 05/07/2018)
ANSWER to 1 Complaint,,,, with Jury Demand filed by Maxim Integrated Products Inc. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions 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., COUNTERCLAIM against DIFF Scale Operation Research LLC filed by Maxim Integrated Products Inc (Reger, Thomas) (Entered: 05/24/2018)
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Maxim Integrated Products Inc. (Reger, Thomas) (Entered: 05/24/2018)
ANSWER to Counterclaim filed by DIFF Scale Operation Research LLC. Related document: 24 Answer to Complaint, Counterclaim. (Hipskind, Daniel) (Entered: 06/13/2018)
Joint STATUS REPORT Regarding Contents of Scheduling Order filed by DIFF Scale Operation Research LLC, Maxim Integrated Products Inc. (Hipskind, Daniel) Modified filer on 6/20/2018 (awc). (Entered: 06/19/2018)
ORDER: Rule 16 Scheduling Conference set for 7/6/2018 01:00 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 6/28/2018) (zkc) (Entered: 06/28/2018)
ORDER granting 34 Motion for an Extension of Time. The parties are ORDERED to file a proposed order for the disclosure of ESI by 8/15/2018. (Ordered by Chief Judge Barbara M.G. Lynn on 7/25/2018) (zkc) (Entered: 07/25/2018)
NOTICE of Disclosures filed by DIFF Scale Operation Research LLC (Hipskind, Daniel) (Entered: 07/26/2018)
AGREED ORDER REGARDING E-DISCOVERY. (Ordered by Chief Judge Barbara M.G. Lynn on 8/27/2018) (zkc) (Entered: 08/27/2018)
AGREED PROTECTIVE ORDER. (Ordered by Chief Judge Barbara M.G. Lynn on 9/11/2018) (zkc) (Entered: 09/11/2018)
ORDER granting 40 Motion for Extension. Defendant Maxim Integrated Products, Inc.s deadline to disclose preliminary invalidity contentions and provide an accompanying document production under paragraphs 3-3 and 3-4 of Amended Miscellaneous Order #62 is extended to 9/28/2018. (Ordered by Chief Judge Barbara M.G. Lynn on 9/11/2018) (zkc) (Entered: 09/11/2018)
NOTICE of L.R. 4-1 Disclosures filed by DIFF Scale Operation Research LLC (Hipskind, Daniel) (Entered: 10/08/2018)
ORDER granting 44 Motion to Stay All Deadlines and Notice of Settlement. The case is STAYED for 30 days pending the submission of dismissal papers. (Ordered by Chief Judge Barbara M.G. Lynn on 10/31/2018) (zkc) (Entered: 11/01/2018)
Letter from the Court to Counsel Regarding Settlement; dismissal papers due by 11/30/2018. (Signed by Chief Judge Barbara M.G. Lynn on 11/1/2018) (zkc) (Entered: 11/01/2018)
ORDER granting 47 Joint Motion to Dismiss. All claims and counterclaims asserted by DIFF Scale Operation Research, LLC, and Maxim Integrated Products, Inc. are DISMISSED WITH PREJUDICE. Each party shall bear its own costs, expenses, and attorneys fees. The clerk will prepare the final Report to the Patent/Trademark or Copyright Office. (Ordered by Chief Judge Barbara M.G. Lynn on 11/20/2018) (axm) (Entered: 11/20/2018)
Report to Patent/Trademark Office of Final Order. Form AO 120 e-mailed to notice_of_suit@uspto.gov. (axm) (Entered: 11/20/2018)
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